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

THE NATIMAY. REM4ATER.

with announcing, that the receipts of the Treasury, for the year
ending the 90th of September last (and ainounting to more than
eight millions and a half of dollars), have* exceeded the current
expenses of the Government, int 114dillg the interest on the public
debt—that the loan of 3,7 50,000 dollars has been reduced to
2,75,0,000—and that there will he a balance remaining in the
Treasury, at the end of the year amounting to 2,000,000
dollars.)

not apprehend any serious inconvenience to the public limits
from such a short delay.
I have the honour to be,
(Signed) SP. PERCEVAL..
To Lord Grenville.
(COPY.)-410. 5,
Lord Grenville, Auditor of the Exchequer, transmitting a;
Case on the subject of issuing Monty from the Exchequer
under Treasury Warrants, and requesting the same nnsht.
be submitted to the Attorney and Solicitor General.
(COPY.)—No. •
Case, for the Opinion of his Majesty's Attdrney and Solicitor
neneral; Ist Ja:'uary 1811.
The Auditor of the Exchequer is appointed by a constitution
from the Lords Comissioners of his Majesty's Treasury ; his
office is generally described by Lord Coke, Inst. 106. His ap..•
pointment states his duty to be, that of writing ail and every
the tallies and counter tallies of all whatsoever the Bills to be
made hereafter at the F. chequer of our Lord the• King, on all
and every the payments and assignments to be thae acie; and
of doing and exercising all other things to that qlfice Iclong,ing.
He has no general instructions accompanying his appoint-
ment.

Special provisions relative ?to his office and duties .are con•
tained in the eighth and ninth W.III. c. 28. particularly in section&
6. 8. and 10. to which your &tendon is desired, as well as to the
general tenor of the several Statutes for the regulation of the
,Exchequcr, and also to the Stat. 50 Geo. 111. c. 115, S.F.
Copies of the several forms of the Warrants under Privy Seal
and Sign Manual, and of the usual Warrant from the Lords
Commissioners of the Treasury to the Auditor, for drawing
orders for the issue of money, according to the accustomed
course of the Exchequer are transmitted herewith. And Mr. Fisher, the Auditor's Chief Clerk, an officer of long experience
in the Exchequer, will attend you for the purpose of supplying,
any explanation of these instruments or any other informatio3t
which you may require.
A copy is herewith in[losed of two Warrants from the Lords
C.)mnassioners of the Treasury, dated t)ecember 31. 1810;
and requiring the Auditor, under the circumstances therein de-
scribed, to draw orders for the issue of one million of the King's
treasure, for the issue of which no authority under his Majesty's.
Great SLI, Privy Seal, or Sign Manual has been presented, ac-
cording to the accustomed course of the Exchequer in that
behalf.

Your opinion is requested by the Auditor, whether the afore-
said warrant of the Lords Commissioners of the Treasury, is a
sufficient authority bnperative on him, and therefore a legal
sanction for,his proceeding to obey the same ; or whether any
and what discretion is left to him on this. occasion, for the exer-
cise of which he maybe responsible in any Court of Law, or
to the two Houses of Parliament : they having resolved, that
it is their right and duty to provide the means of supplying the
defect of the personal exercise of the Royal authority arising
from his Majesty's indisposition, in such manner as the exigency
of the case may appear to require.
Having considered the several statutes and docun.ents to
which we are referred, and the general practice which
we understand t ) have prevailed in the Exchequer, as
will before as since Appropriation Acts shill:ay to the
50 G. 111. c. 115. have been annually passed, we do not
think that the Warrant of the Lords Commissioners of
the Treasury, is in law a sufficient authority, imperative
upon the Auditor, nor consequently a legal sanction for
his proceeding to obey the same, nor that any discretion
is left to him by the law on this occasion, for the exercise
of which he will not be responsible.
(Sign.:(l) V. GIBBS.
PLUMER.

Lincoln's Inn, 2d Janury 1811.
(CO eY.)—No. 7.
Mr. Harrison to Lord Grenville, transmitting Copy of the
Opinion of the Attorney and Solicitor (; ener.il, on the. Case
submitted by him ; and stating the urgent necessity of his
complying with the Treasury Warrant, of the 31st Pc‘ctus
ber 1810.
(COPY.)—No. 8. - .
Lord Grenville. stating his reasons for not complying with
the directions of the Treasury Warrant for issuing Money.
irum the Exchequer. .
. .. .
Exchequer, January-3,141p
NTT LORDS, LORDS, 55 mitt. P;1V1.:., .-
I had the honour toreceive, Tester:l'ly evening,- a TAU& Yro
Mr. Harrison, transmitting to me the cvinitettlir his' Milk*
Atttorney and Solicitor.Gerieral, ou the stittnnentiitith*l t
.k
cp
the liberty of submitting to your Loedships.for ibe . istu4p.seiNit
being laiti before them ; and !beg leaVe to expreisttie.dtte sense
which! entertain of your Lordships ready, colitllaziteVrith my
request.
• Having fully considered that opinion, I last no tittle iti bum-