The Sun.
London, England, 1818-11-07 00:00:00

LITERARY REVIE\V.

A LETTER to the Right Hon. Sir W. SCOTT, &c &c. M.P.
for the University of Oxford, in AN,IWEIL to Mr.
BROUGHAM's LETTER to Si,- SAMI.7E,L ROMILLY,
upon the ABUSE of CHARITIES, and MINISTERIAL
PATRONAGE in the APPOINTMENTS under the late
Act.—Fourth Edition.

The Bill proposed by Mr. BantiertaTst, nn Toe
ABUSE op CHARITIES, was, in its original forma-
tion, so notch in the stile of-those sweeping inves-
tigations which took place in France during her de-
teStable Revolotion, and which ()Vert brew the most
revered establishments, that it excited reasonable
alarm among all friends to the British Con-
stitution. The Bill was judiciously altered and
modified by the wisdom of the Legislature, bot it
does not appear that any of the alterations were
acceptable to Mr. BROUGHAM. That Gentleman
seems to have been born with a Genius for:vexa-
tious en9uiries, and if his remedial propositions were
to be at all times adopted, without revision and
qualification, we should fear that all. the venerable
establishments. in this country Would have reason
to look with apprehension on his reforming pro-
pensities. We trust, however, that even such
political zealots as this Gentleman will always he
found among the opponents of Goveintnent ; for
as they, like him, would possess talents and dili•
gence, they sometimes might suggest useful en-
quiries, and their excesses would,. of course, be
restrained by the prudence and vigour of the Legis-
lature. This Gentleman addressed a Letter on the
subject in question to the late Sir SAmuFe lio-
mteey, a name never to be repeated without
,sin-
cere commiseration ands concern, in which he, as
might he expected. resolutely vindicated his own
propositions, and was by no means sparing in his
censures on Government. The pamphlet, which,
of course, had plenty of puffing in all the Party
Prints, was at length, with the usual artifices,
forced by them into so much notice, that it was
calculated to make erroneous impressions on the
Public ; and therefore a Gentleman of the Bar, as
we understand, was induced to publish the present
Answer to it ; and a more complete Answer, on
any subject, we have hardly ever tact with. It is
addressed to Sir WILLIAM SCOTT, SO distinguished
a character, and so great an ornament to the
country, that the Author could not have selected
any individual to whom his, work would more
properly be dedicated. We' know not why the
Atithor should not have followed the example of
Mr. BROUGHAM, in putting his name to his work,
as it certainly does more honour to hint than time
pamphlet to which it is an answer could possibly
have rendered to the person who provoked it. But
the anonymous Author must soon be discovered ;
and we conceive that by this publication Ile has
smoothed the road to his attainment of profes-
sional success and consequent elevation. As the
appointment of Commissioners by THE CROWN
was one of the griernnres of which Mr. BROUGHAM
cutOpihitifyl, we shall, at present, extract the ob-
servations of the pruent Writer Ott that subject,
and resettle our attention to this temperate, argu-
nouvfoive, and couvnicing pamphlet, on a future
ant: eat iy opportunity.

In the T.ctt,.!r to Sir Simnel Rutinlly, Mr. Brougham states,
that in the Pill, as it. rust stood, the Commissioners were to
ber named iii it, lint that the Alinisters olijecred to this nomi-
nation, and propos,l that the appointment shwild be vested
in the Crown. To this, adds Mr. Brougham, the Committee
submitted, rather Gann assented. He then,procecds to vindi-
cate this nomination of the Commissioners in the body of the
Bit. by the analogy of its objects with these of the naval and
military Coinmission. But surely it cannot escape tirc saga-
City of that Learned Gent killsn, that ti; ere is a very large and
palpable ailFereuce het weer) an inquiry ivy the House into the
proper expenditure of public 'money, granted by the lionise,
and an inpi,ition it;t, thr proper administration of funds,
in no way ci,ginaiing with the House ; and, in a great pro-
portion, totally ire rood the control!l of the lionise.
in the first case, the House was only exercising, not only
its acknowletLei, but its peculiar fin;ctions, that of super-
intending, audit mg, and controlling, all public account and
accountants ; of seeing that what it had originally granted
had been duly expended acid appropriated.
The abuses of public charities might be as large and im-
portant as even public peculation's. Free-schools and alms-
houses nii,:ht be as ha,.ly administered as docks mid navy-
yards. But the supervision of them did not equally, and so
peculiarly, belong to the House of Commons. The abuse of
charities is properly all abuse of administration, and general
civil econoaiy; as,uredly not of Parliamentary trrst. But it
is unnecessary to say that all offices of administration are
parts of the Supreme Magistracy of the Conntry, and as such
belong to the Sovereign. His Majesty's Ministers, therefore,
in this demand, only Maintained the prerogative of the Crown.
They say,' that neither the functions nor objects of the Com-
missioa huhu:Ted to the distinct character of the House of
Commons. 'lire estal.lishinent indeed of such a pi inciple
might have been a public mischief. It inierposes a body be-
tween the Prince and the People. If tint precedent were esta-
blished, we might hear of these Commissions granted tinnier
every alleged grievance ; and a Lind of Fritori, or Tribuni-
tial power, Would grow up, to participate in the executive
functions, and to controul both Prince and people. His Ma-
jesty's Ministers, therefore, would have failed in their duty if
they had admitted this encroachment on the rights of the
Crown. The very appointment of the Commission is a prw-
sumptire accusation against all the charities in the Kingdom.
The nomination of the Commissioners in the Bill would have
been an implied suspicion of the justice and fair dealing of
the Crown.

It is an established principle of the Constitution, that the
people should hook immediately to the Crown in all cases of
mal-administration ; but it is the nature of such Commission]
to exhibit (me or both of the [louses of Parliament as takin;
the business out of the bands of the Sovereign, and executing
it by themselves. It is, in fact, pro tanto, a superseding of
the King's authority.
As his Majesty's Ministers were governed by these public
principles, in reserving to the Crown the nomination of the
Commissioners, so they acted only in conformity with the
saute sense Ilf duty, when they resolved that this appointment
by the Crown should be actually and nut merely nominally
exercised ; and in pursuance of this purpose departed from the
list already made by the Honourable Chairman, "to assist
the Legi•lattire in its selection a." Nor could they think
.that the Chairman hisno:elf (after a moment perhaps of per-
sonal soreness) would deem such an ordinary exercise of the
prerazative to he unreasonable. They regarded the Coro-,
mittee as a public investigation into abuses in which the
instil have no distinct interest, and which admitted no
room for jealousy. in some of the speeches in the House of
Comrnani, indeed, the Committee had been compared with
a Parliamentary inquiry into the expenditure of public money:
hot the Ministers saw no analogy between an inquiry into the
kooduct of the (Pieces of the Crown, and into that of the
steward- and trustees appointed by individuals amongst the
people l'nr the management of charitable trusts. There might
be some je,..osetsy of the power and purposes of Ministers,
whin,: the saona:t of inquiry was the conduct of, themselves or
terms : il,tt to,ere could be no such suspicion where the in-
terests were so wholly remote. it was not therefore from
personal hostility that they declined the proposed " selec-
tion)" of the Honourable Chairman, and deemed it their duty
toluiske their own. They had no suspicion, they could have
none. that 3.0 m-omission, proposed nominally fur such good
public purpusrs, might be in Mot only one of those party in-
sr.ritwents by which Ministers and their friends were to be
dexterously identified with all the detected abuses, whilst the
e;orninirtee arid its active Chairman were to become the popu-
lar idols. as tie unwearied and limb:noted champions of re-
farm. Toe), load not indeed to learn, that " private friend-

• Vide page 7, Letter to Sir S. Romilly.

TH COLONIES.

PORT OrQUEBEC.
ARRIVALS.

Sept. 23, Brig Alexander, Morgan, sailed 7th September
from St. John's, N. F. to Woolsey, Stewart, and Co.
pork and ballast; passenger, Lieutenant Browing, 68th

. .
''
fit.
—2-1. Ship Sovereign, Dawson, 56 days from London, to M.
Lymburner ; ballast.
—. Srhoorier Harmon, Milne, 17 days front St. John's, N.F.

to Patterson and Weir; rniti, sugar, and coffee.

- Ship Mary Anil, Jackson, 40 days Irons Bristol, to Ha-
milton, Brothers, and Co.; iron and ballast.

- Brig Erato, Robinson, 40 days how Jamaica, Irvine and
Co, inrn, sugar, and molasses: passengers, Mr. M'Near

. -
and Mr. Small.
Sept. 24, Brig Sir J. T. Duckworth, Prudden, 26 days from
Berintrda, to Heath and Moir, rum and molasses; pas-
senger, Mr. John 'Presider. Intelli,,,,,ence, boarded
the hull of a schooner full of water in Lat. 45d. sm.
could not find palms on board to trace who she might
be ; saw the bodies of three men that had been drown-

ed on board; she appeared a new vessel, and a fishing

. ..
craft. -
Sept. 99, Ship Highland Lad, Moore, 43 days from Liverpool,
to J. Goudie ; bri'clis and goods.
-----Brig Hero, Snook, 20 days from St. John's, Newtound-
land, to the Master, in ballast; passengers, Messrs.

Brenan and D. - . - -
-Brig Aun, Liston, 24 days from Halifax, to Irvine and

Co. ballast; 30 settlers.
Oct. 1, Schooner Two Friends, 15 days from Magdalen
islandl to Mr. Doucette, fish and oil,