The Sun.
London, England, 1812-06-06 00:00:00

HOUSE OF COMMONS, JuNp. 5.

Accounts from the COMlll:ssion.rs of Public Re-
cords, and from the Inspector-Cicaeral ;3*i theLx-
ports. and Imports; were pre.sented.—Ordered tJ
lie on the table.
'General GASCOIGNE gave notice that he would,,
.on'Monday, move for, leave to amend the 1%.c.t,
passed in the last-Session of Parliament, fe the
bettor Improvement of Dublin Harbour.
• On the Report of the Committee (Z
Means, respecting the Customs of. Ireland biug
brought up, -
Sir JOIIN-NEWPORT said, that at an early pe-
riod' of the present state of the Government, he
stated the House to be in a dilemMa how to act
with respect to grants of the public money. Their
making grants, under existing oireamstaice;,;;
might be considered irregular, while their with-
. hording them, in .some instances, might be pro-
ductive of: public inconvenience. He could wish
a line drawn to regulate the conduct oi:
in such a situation. • It was not his inr.,..y7ttf,--1. to
impede the measure before the House ni its , pro- )
grass) nor to oppoSe it till it arrived, at its last
stage, long before Which,- he trusted, a regaler
'Administration would be formed. The Irish ens- •
tom Acts of last Session did not expire till the Sta
July, and as the measure proposed 'respecting-
, them; was not new, but' only went to continue
the present dirties, and involved a question
was not necessarily affected by a change. 'of -Mi-
nisters/be conceived no ..-inconvenience could
arise, if some delay were made, before they came
to discuss it in its last stage.
-Mr. W. POLE, as the Right Ilona Baronet did
not oppose theßeport of the Committee, was un-
der no necessity,of saying any thing at present on
the subject; -bathe would nevertheless- take this
opportunity of. stating ;-hat could be no other
than 'satisfactory to tile House. The measure, as
the Right Hon. Baronet had stated, was but a
continuation of the present duties ; and not only
might it be said that this was but a continuation
of the present duties, but he had the satisfaction
to state, that if he remained in office to tine end
of the Session, he should have 110 additional du-
ties
to move.

. Mr. BASTARD Called the attention of the House
to the present situation of Government in the pre-
sent .perilous* and distressed state of the country.
He wished to press it on the.Hou,se, that if the
real situation of things were concealed from the
Prince Regent by those.persons who were his-Mi-
nisters ; if he were_not told' by them that the dan-
gers.to which the country was exposed were in-
creasing -every hour, that things were sudered to
remain in their present state, thatit was for them,
the House of COmmons, to come forward and tell
him the real situation of the country. He hoped
the Hou,N; 'would riot suffer another day pass,
without telling his• Royal Highness what was the
situation of the country, and what, in such a
tuation, was• necessary to be done. It was indif-
ferent to him by -what set of men the Government
of the country was carried on, but at a crisis, and 4,
under circumstances like the pi-esot, he hoped _
that House would not forget its duty:
General GAstoioNE had only postponed' giving
notice of an early motion oilthis: subject, because
he bad expected it would be 'done by some other
Hon. Member. He would be. willing to bring
forward the motion he had to make that day, if
the House would support him in it, or, if. that
were objected to, he would give notice for to=
morrow, or for the earliest day on which the House
would sit; but, in order that they might be ena-
bled to form a judgment on the nature of his mo-
tion, he would then, if permitted, read the Ad-
dress which it was n his intention to move to the
House.

The SPEAKER observed, the Honourable Mem-
ber must take some other opportunity of commu-
nicating his intentions to the House. The HouSe
were at that 'time engaged in a particular pro-
ceeding:,
General GAS.COIGKM then stated it to be his in-
tention to offer it to. the House'as soon as ti at bu-
siness was over.

Mr. WORTLEY thought the conduct of the
House ought to be firm, but not precipitate. The
situation of the country was. such as to demand
an explanation of the present state of its Govern-
ment but at the same time having heard that a`
Noble Lord (Lord Moira) had thought it pro-
bable he might have something of importance to
communicate on that clay, he was at present
against any farther proceeding. lf, however, no
Administration were formed on Monday, he should
then thiuk-it would be necessary for the House
again to interfere. •
Sir. T. -TURTON 'loped the Holi. Gentleman
would not bring forward his motion that day. In
the present situation of the country, it was de-
sirable that 'an Administration should be formed.
without delay. If, at'such a crisis, delays arose
from the jarrings of private interests; he thought-
it was time. for the. House to resolve on some step
that would shew how far public' talcnts were public
property.
General.G.tscoiliNe stated ,it to be his inten-
tion to bring forward his ReSolution that day,
unless it was the expressed wish of, the House
that he should not do so.

Mr. SAVORTLEY expressed
,EL wish that it might
be postponed.
-The Ilesolutions of the Report were then
-:'agreed to._

' 'The Irish Loan Bill was read a second
,time;
and committed for Monday.

ADMINISTRATION.
General GASCOIGNR declared himself to' be at
a loss to know whether or not it was the wish of
the House that he should proceed—(N6, no, no I)
In order that, their wish might be more distinctly
expressed, he would read the Resolution he-wish-
ed.to propose:, it was—" That an address be
presented to the Prince Regent, most humbly to
submit, to his consideration, that their duty as
/Councillors of the Sovereign, and as RepreSenta-
fives of the People, woula no longer suffer them
(the House of Commons) to remain silent, as in
the present situation of danger and of peril in
which- the country was'p!aced, it became neces-
sary to desire, him (the Prince Regent) to form,
Without delay, an efliciebt Administration." Some
week 3 had passed since the wicked assassihatibit
of the late Mr. Perceval, during whiclitne country
had been without an Administration formed of re-

stronger than that proposed by the Honourable
General.
Mr. VT. Smyrt4 was for the qdrournment, and
thought, ..while discussions Were pending, respect-
ing the formation of an Admiu;stration, those con-
cerned in them, wo'uld do well to withhold from
the public eye all that it was not positively neces-
sary to disclose.
Sir T. TuicroN Opposed the adjournment,. as
though an ,administration might not be forme'd by
to-morrow (Saturday), it was to be remembered,
that by pcvsibility, one might, and, in that case,
bp thought the Public Were entitled to the best and
earliest informatioft on _the subject. With this
feeling, he. thought, they ought not to adjourn
' over Saturday.
TIERXiY wished to know if it was under-
stood that an address was to be moved on Mon-
day-without making any further inquiries
Mr. S. WORTLEY conceived that must necessa-
rily depend upon circumstances.
Mr. TIER-NEY did not mean to ask if an Address
Was to be moved under any circumstances, as if
for instance it should .be stated that an Admitii-
, stration was nearly formed, he should not then
suppose such a motion necessary. If the House
met under the same circumstanees as they had
done that day, on Monday he wished to know, if
it was not understood that some manifestation was
to be made of the sense of the Mouse on the situ-
ation of the country
General CfISCOMICE pledged himself to make his
Motion on Monday, if something satisfactory on
the subject was.not then stated to the House.
Mr. CikLbRAFT consented, to the adjournment,
in expectation that something would he done by
Monday. What he should do on that day, must.,
depend upon circumstances.
The question was then put and carried.
The Orders of the Day were disposed of, and
the House adjourned to Monday.

sponsible persons. From his most gracious an-
s ta. theft Address; praying him to form a
stroog Administration; they had hoped that one
would have been soon .appointed ; but with re-
ieret they had to complain that that answer had
net h,: en carried into effect. Of that through
avbehe this had occurred, though to the •-House.
Crinnions a subject of-deep regret, they had
not sufficient information to enable them to advise
his }loyal IlighneSs. The 11,ouse of Commons,
the-ea:ore, hoped that he would exercise his law-
ful prerogative, and form an; dhninistration with-
out loss of time, and his faithful COMmonsavould
efficiently support such Administration, and enable
it -to carry otthewar with vigour, anxious to
give effect to its measures abroad and at home, to
bring the 'present arduous contest to a prosperous,
issue. This Address, if it was the pleasure of the
House, he would move now, or he would- propose
it to-morrow• (Saturday), or on Monday.[The
feelings of. theflonse seemed to he against the
motion being made at that time, and yielding to
what hoconeeived to be their wish, the Honour-
able General gave notice that he would move it
-on llotidaY.]
Mr. S. WORTLFY moveA, " That the House
on its rising do adjourn to Monday." -
Mr. MARTIN (of Galway), considering theprea
sent state of the, country, would give the motion
for an adjourement to Almeino his most decided
regative. He wished to submit -it to the', Hon.
General, (Geueral Gascoigne), whether it would
not be better to appoint a Committee to draw up
the proposed address, as much difference of ()pi-
nionmight arise on the -subject of wording it.
Mr. W.:WYNNE opposed the adjournment to
Monday. He thought it would be an unprece-
dented neglect of diity to adjourn over two days
under circumstances like the present.
Lord MILTON spoke on the same side, and
hoped his Hon. Friend (Mr. S. .Wortley) would
not -persist in his motion.
S. WO RTL EY said, there were two evils to
be apprehended. They might in the one case he
thought guilty of
.o.\ dereliction of duty, and on
the other hand, there was a danger of their pro-
ceedings being marked with a degree of intemper-
ance inconsistent with their duty to the Prince
and to the Poblic. From what had been inti-
mated in another place, lie wished more time to
be given before they proceeded farther ; but if
that day, and Saturday,. and Sunday, should pass
overoWithout an Administration being formed, he
thought itwould.be the duty of that House firmly
to represent to the Prince the necessity of giviag
the country a Government.
Sir J. SEBRIGKT opposed the motion for an ad-
journment to Monday.
Mr. Martana' (of Galway), !I ,gym what had fallen
from Gentlemen opposite, thought something like
blame seemed to be cast on.that person in the
State whose duty it was to form an Administra-
tion. If it should appear to hint that biome at-
tached to the conduct of that illustrious Person-
age—(Here the:Hon. Member was called to order,
and the charge was denied by the Opposition).—
From what had fallen, from Gentlemen, it should
seem they Were of opinion that all bad not been
done to-form an Administration that aright have
been done. A Right Hon. and Learned Gentle=
man opposite had some days ago evinced great
anxiety to answer certain questions which had
been previously settled with another Honourable
Member, the answers to which could give no in-
.formation to the House, as at that time no pro-
position had been made to him. Since that time,
ite was understood that sonic propositions had
been -made to him, and these, it was rumoured,
had gene off, and gone off on what it was then
attempted to - impress upon the House, was so
sincerely denied to have properly any influence on
the condoet of public men-a-on terms. He un-.
derStood from public_ rumour, and they had a
rinht •to go on rumour when they had nothing
dae to go upon, that the treaty which had been
on foot had gone off on terms touching the power
to be givenfto individuals. Before he consented
. to vote an PnidresS like that proposed, he should
wish to know what were the terms- on which the
treaty. had gone off? it was not for him to put
any interrogatories on this subject a but if an
llon.Meniber opposite would exert his persuasive
powers, perhaps the Right` Hon. Gentleman plight
be induced to giVe the information he desired to
the House.
Mr. S. \VoR rr..-r said, the last speaker wronged
him if he imagined that he had settled the ques-
tions he had asked with the Right Hon. Gentle-
man to whom they were put. Having made up
his mind to ask certain questions of a Right Hon.
Gentleman, lie had merely asked that Right Hon.
Gentleman if he would answer them.
Mr. PoNSONBY declared the statement of the
Hon. Gentleman to be perfectlyacorrect. He had
settled no questions with him, he had concerted
no questions - with him, he had framed no ques-
tions with him_,' by his (Mr. Ponsonby's). desire,
or with .hits consent. He had merely .called on
him and said,—" I wish to.ask these.questions
in the House of ,Commons, will you answer
them ?" This he had said before sev,eralpersons
on quite different business who happened then to
be with him. He (Mr; P.), had replied, that he
should' have no objection ; he should' answer in
thf negative. He 'had said no more.
. *Mr. H. LASCELLES was in favour of an ad's.
jouvnment ,to Monday,. He, thought at present
no blame could fail-1703e charged in any quarter,
and hoped on such an occasion all party feelings
would be forgotten.
Mr. G. JOHN STONE thought the difficulties in
the way of forming an , Administration would not
• be removed by the AddresS
,to be, moved by the
. Honourable General. After' a variety of observa-
tions on. the state of parties, he gave it as his opi-
, talon, ,that it would be avell to
.discard all party
:feelings, .and leave the. E-overeigen nn exercise his
. duty. It would then he for them to give the new
iMinisters q fair trial till the experiment of their
°talents had been He would give his sin-
. - eere support to any such Administration, sppport-
. ing it Qtut of office, or taking Office, according to
circumstances:
Mr. C. Sarru was in favour of on adjournment
to Monday. If by ;that. time nothing. should be
done, he should be for voting an Address munch

LAW R EP(t) I',

COURT OF CHANCERY, Juxz 5.

LORD JOIIN TOWNSEND V. TILE MOST NOBLE THE

MARQUIS OF TOWNSEND Ni).A OTHERS.
This was a Motion for a receiver, on behalf of:
A plaintiff, made by Sir Samuel Romilly,.to re-
ceive the rents, issues and profits of some of the
vast Estates,of the late Most Noble Marquis. of
Townsend, which the testator had, in his life time, .
vested in Mr. Smith, a banker, and Mr. Saunders,
an eminent conveyancer, of Lincoln's Inn, as
trustees to pay debts to the amount of hundred
and twenty thousand pounds. The hill of the,
plaintiff prayed a performance of the trusts of this
deed, and of his father's will, to secure his claim;
and the trueees of the' deed filed their Bill, pray-
ing to be exonerated wholly from the trusts, see-
ing the great difficulty of 'carrying them into ex-
ecution ; While Lord George Townsend, the se-
cond son, and next in reversion, filed a third Bill,
to secure his expectancies and claims generally. -
Mr. HART, against the Motion, prayed a sus-
pension of the order for ten days only, in order to
chew that the last bill vVould supersede the pre-
ceeding, ones, and answer all purposes, since it
would prevent the necessity of making forty four
creditors parties to the proceedings, awl save other
expences in such extensive concerns.
The LORD CIIANCLLOR observed, that he was
disposed to grant this indulgence to this Noble
Family, to enable them to adopt the bill most
reconomical for adjusting the matters in difference
in such large concerns..
The order was suspended for ten days.

This was an action of trespais brought by the
plaintiff against the defendant, by which the plain-
tiff sought to recover damages from the defendant
for taking a quantity of corn belonging to the
plaintiff, as for toll-for cony said to have been sold
by sample in the market at Worcester. Judgment-
had been entered for the defendant, and the plain-
tiff had removed it by Error into this Court.
Sir JAMES MANSFIELD this day pronounced the
judgment of the Court. from; a review of -the
law of the case, from the earliest authorities clown
to the present period, the Court was of opinion
that a sale by sample was not a legal, contract for
the sale of any thing whatever ; and that the lord,
or superior of an open or public market, was
not entitled to toll, or duty, on any commodities
not brought in bulk into the market, and there dis-
posed of in open market. Supposing a person to have
1000 bushels of wheat which he intends for sale,
but only fifty bushels of which he brings into the
market and sells, that could never be construed to
amount to a sale,in open market of the whole 1000
bushels, but of the fifty bushels only. A sale by
sample, it had been held by Lord Coke, and by
other great Law Authorities, was illegal ; such a
sale was directly against the original prin-
ciple and object for which a market was ap-
pointed. It was directly , against' the whole
spirit of the laW relating to the origin of
markets. It was, therefore, ordered, that the
verdict for the Defendant be reversed, and that it
be sent back to the Court below to order an in-
quiry into the amount of damages to which the
Plaintiff was entitled for the trespass committed
against him in taking of his corn.

FIVE THOUSAND exc.—The Ticket, No.
2275, drawn on Thursday a Prize of 50001. and
6402, a Prize of 3001. were both sold in Shares
at WEBB'S Lucky Office, 17, Ludgate-street, near
St. Paul's ; wherelikewise No. 204, the last Prize
of 40001. ever shared was also sold. The fortunate
Holders may receive their Money on demand.

-`P-.
E

:timing, 2 min. ai

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