The National Register.
London, England, 1811-01-06 00:00:00

bly apPriiing your Lordships, of the final judgment which I
have formed as to the hoe of my official duty on this occ,a-

shin.

It is matter of the deepest cOheern to me, to be made the in-
voluntary cause of any, even the shortc3t delay, in an issue of
his Majesty's treasure, statedto me, from such high authority
as that of your Lordships, to be important to the public service.
If I could be satisfied of the propriety of my doing, what is i-e-
-quired from me by the ‘Varrauts which I have had the honour
to receive from your Lordships, there is no personal responsibi-
lity which I would not readily incur for the public interests ; but
I cannot persuade myself, that I could, obey those Warrants,
without a breach of my official . duty in that point, which is
above all others peculiarly ohlfratory on the person placed in the
situation of Auditor of the Exchequer; nor without a high and
criminal violation both of a positive statute, and also of the
essential principles of our Monarchical nd Parliamentry
Constitution. _

The Act passed in the Bth and 9th of King 'William the Third,
cap. :!8. intituled, " An Act for the better observation of the
course anciently used in the" Receipt of Exchequer," prohibits
the issue of the King's treasure, except in pursuance of the spe-
cial provisions of an Act of Parliament, or under the authority
of Warrants under his Majesty's Great Seal, or Privy Seal, duly
enterer in the Office (...f the Auditor, who is thereupon to draw
the necessary orders. In the present insta. ce all these autho-
rities are wan :mg ; and it is proposed, that 1,000,0001. sterling of
his Majesty's Treasure shall be issued on the sole ground of a
Warrant signed by your Lordships. Every step taken towards
.such an issue by any officer of the Exchequer, but more espe-
cially by the Auditor, would be in open violation, both of
that Statute, and of the accwtomed course of Exchequer;
for such an act your Lordship' Warrants cannot, as I
now learn from the highest authority, afford me any legal
sanction. I must, lam told act on my own discretion, for the
exercise of which I must alone be responsible. This responsi-
bility-, if it legally attaches upon me, I certainly cannot trans-
fer to any other persons,_ and least of all to your Lordships,
whatever willingness you have expressed to take it on yourselves.
My attempting to do se, would itself be criminal; tending to
confound the official relations in which I have the honour to
stand towards your Lordships, and to annul those checks which
the law has established to ensure the faithful discharge of our
respective duties, and thereby the security of the public 'trea-
sure. _ _

But I beg leave humbly to submit to your Lordships, that the
law has in truth invested me with no discretion on this
question.
The exigencies of the public service, which your Lordships
have condescended to detail to me in these your Warrants, are
natters of State, of which, as Auditor of the Exchequer, I have
no knowledge, and can take no cognizance ; my official duty is
strictly limited to an observance of the accustomed forms of the
Exchequer, and of the laws which have from time to time, been
pasted for its regulation.
to;these I am-bound to adhere ; and it is on the fullest con-
sideration which this pressure of time has permitted me to give
to thetn, that lam compelled to decline, but with all due re-
spect to your Lordships, a compliance with the requisition con-
tained in those Warrants to which,this letter refers.
Perhaps, however, on in occasion of such high and urgent
public interest, it may hot be improper for we before 1 cicoe
this Letter, further co submit to your Lordships, my view of
the mode in which all di
the on this subject may be re-
moved, in so far at least as any 'agency of mint may be required
for the purpose of those issues; a mode which I am happy to
think may, still be resorted to, even within the_period which
the R,isht. ifon. the Lhanceelor of the Ext•he'quer did me the
honour to. point out to me, as that within which no serious in-
convehience' is to be apprehended to the ktaxlic service.. •
Your Lordships have recited id your Wirrants, the Resolu-
tion by which the two Houses ref Parliament have declared the
Melancholy tact of the temporafy Incapacity of hiii'Majesty for
the dtscharge of his high functions. If it be proper for me, iu
my Official character, in any Manner whatever to act on, this
dke.leatidn,. 1 cannot separate My knowledge of it from that of
the accompanying Resole ion, by which the. Lords and Com-
mons did at the same time declare, that it was their tight and
duty ii. to
.provide.- the means of supplying the defect of the
pettottal eitercise Of ihe•Royai Authority atiiing from his Ma-
jesty's said indisposition, in such manner as the 'exigency of the
. ..
case 'till appelyto them to require."
lit ...TR - Wititilo4l all tlic aubjects of this realm, owe submit'.
'FA Ig *#orie,,,,
.!tO4l -While. it presents on. the.ocie.hand,. in
9Tyji-ri ?i!k7ntpt 4.40.4 vanc.l..ll.lsUpqable ohs_tacle_ to my_ _obey-
la
qukt.rigri llop thlit a
.requiption, ,if .does I trust afford., on
the ,cotlwa- Ancle ,Ineans of obvilltuig any inconvenience
that .
could arise int tny adherence ko.this my public. duty, I
should think'inyielf doubly criminal, if, while the two Houses
ale utually procee4in4 in ta4 ex.4c,:t.iuu cif iu,:ll, their right and