Star.
London, England, 1802-04-01 00:00:00

f -.lly correfponded with his own ; they had Cinch-
t I for precedents and records on the fubjeet, and
h al gone the length of drawing a petit ion of right,
w'iich. however, never obtained acrefs to his Ma-
jetty. 'fly err:Rion remained as it was when he
4;;,t leyeac:,l his attention to it without ever having
I,esi p'et in a course of judicial inquiry. It was
evident, whoever had to decide upon the iiihjeet
melt form their tied lion on dffe documents which
e..01d he laid before them. If a Committee was
teted, and they Ihould entertain doubts, the
Coiedion might then be decided ellev:here. What
the reafen was why the petition of right had not
;,one f;n•ward, or who had been the means orpre-
yel:Ling it, h.- knew not. With regard to the ao-
c,, !nits he lhoold not 14 a ward. Whatevei: might
!.ie the refult of them, and however fmall the bii-
"•ince in favour of the Prince of Wales might upon
..acuiry prove to be, was nothing to the purpofe.
Royal • Hiz:1111Cil was anxious the account
'.;:Dolt be gone into, in order that he might have
:the faridac:ion of !hewing the public he had not
huribeit to his country. •
The Ma sr Er. of the ROLLS commenced a fpeech
le; corn plinaenting the j tidicionsArrangement, acute
realonin_g and catenfive legal knowledge evinced
by his Hon. and Learned Friend who propofed
Ibis motion ; hot there was one radical objeftion to
this motion which no degree of ingenuity could do
away. It propotial to ere ft a Committee of that
Houle into a Tribunal for the difeuffion of a point
of law, and thus to confound the, legiflative and
judicial authority—a conneetion that, by the pre-
cedent it would effablifh, muff be productive of in.
calculable mifchicf. It was impoffible not to re
foal the motive which influenced the conduit of
his Hoe. Fiicud—it was but juftice to them his
regard for the feelings, and his folicitude for what
be no doubt conceived the fair claims of his Royal
Highnels : yet, however highly he appreciated'
the motives of his Hon. Friend—however he might
be impreffial with the equity of the Prince's pre-
tenfion, it ought to be considered that application
Mould be made in another way and in another
place, to racily thofe prctenfrali. That Houfe
bad properly nothing to do with the fobjett ; it
was quite a legal yuctlion, for the confideration of
the Courts below, and no motive of refEt nr re-
gard fur any individual could jollity the Houle
in interfering with it : this was the only cattle
of his oppontion to the motion. Upon the na-
ture of the Prince's claim to the revenue of the
Duchy of Cornwall he wifhed not to give an opi-
nion. He hoped that nothing that fell from him
would be underflood to convey any decision as to
the equity of thole cyms. He might be called on
in his judicial capacity to decide upon this quef-
tion. If it fhould come before the Court of Chan-
cery, his affiflance might be demanded, and there-
fore be (Mould on this occafion decline to declare
his fentiments. In the year 1795, when the affairs
of the Prince were under the conlideration of Par-
liament, he was confuhed upon the queflion now
before the Hotife; he had doubts, and timed therni
bet ruitber then or now had he any doubts that
this Houle could not take any.coguizance of it,
nor did the Hoare at that time interfere. The
Gentlemen on the other lidc,by whom the applica-
tion of the Prince for the payment of his debts was
Ina Orentionfly fupported, did not even anode in
the cowrie of debate to the claim which svas now, be-
pre the Houfe ; no claufe was prowled in the Bill
which appointed the commiflioners for funcrincend-
lag the liquidation of the Prince's debts, to Autho,
size thefeCommiffioners to take any proceeding for
the recovery ofthis revenue ; it was left as any claim
of legal right ought to be, to be af4rteff in the
ordinary way before the
.Courts-below. J was
either a claim of right or it was not—it could have
no middle denomination. If it was a claim of
right, it mull be grounded upon Tome principle of
law ; and if fo, was .it prqpofed to convert that
Houle into a Com, of Judicature, to try a point
of law ? Certainly Inch an interference could not,
confiflently with found conaitutional principles, be
at all tolerated. To what dangerous effeCts would
it lead ! it would be prealuftive.O4erpetoal scan-
fulion—for parties might then pafii-lay the Courts
of Law, and apply to Parliament%) any cafe of
property, particularly if the cicarnefs of the right
was to juflify the interference of Parliament, which
by the l•y, as in the prefint.cafe, was the firongefl,
argument againft loch an interference. The pre-
cedent might even go fo far as to encourage liti-
gants to apply to the :Houle If Commons for a
vote upon the decifton of a Court of Law ; but
what would he the confequence if party's own con-
ceptions of the clearnefs of a right was to be Cul-
ficient ground for this fpecies of application ?
Courts of Law had oftentimes differed in their
ideas of right. and it not unfrequently happened
that the Hon. Gentleinao (hoed a thin" in a Court
or Lass- which he apprehended to be perfealy
right and clear, hot in which the Conrt fnme-
times differed with him. Would the Honour-
able Gentleman in fuch cafes recommend an
application to the Houle of Commons? and Hill
leis fhould fuch an application be permitted on
party's own conception of right.. After dwell-1
mg fame time longer on this argument, which
thse Right Honourable Gentleman deemed to be
conclative againfi the motion of the Hon. Gentle,
man for the appointment of a Committee, he pro-
ceed:d to comment on the arguments employed by
tl-e Gentlemen who fupported that motion,toprove
thc rn,ht of the Prince to the revenues of the duchy
ca Corny a right which no perfon had affeded
to doubt or to deny ; and yet theft Gentlemen had
tenser the %unroll pains to ellablifb this propofition,
that the Prince was entitled to the proceeds of that
reverne during his minority—that was the thin
and fibilance—the end and objea of all their rea-
fO•nne; : (blithe quetlion came round to this, was
vett lioufe the proper place to offal that right?
'Ph: Prince, according to this trainof reafoning,be-
.nig entitled to the duchy of Cornwall on his birth,
the King very naturally took the management of
flirt!: !monies while the Prince was incapable of
.• • endi»g to them, and fuperintendcd his education.
I • motion of the Hon. Gentleman now propofes
. call the King to an account before a Commit-
's': (if' that Ho;ife, for the expenditure of thofe re-
; for to his controal were they fithjed
11,e s'tint's minority. It had no doubt been