Star.
London, England, 1807-03-11 00:00:00

HOUSE OF COMMONS.

The Chairman reported from the Yarmouth Committee, that
the Sitting Members, the Hon. E. HARBOR°, sad Luaus NO.
TON, Efqrs were duly eledted, and that the Petition againft them
was not frivolous or vexatious.

The Ballot for the Lancafter Committee was poftponed, as was
alto the Ballot for the Londonderry Committee, until the middle
of April.
Mr. FAWKES prefented a Petition from the Prifuners confin-
ed for debt in York Cattle.—Ordered to lie on the Table.
HON. A. COCHRAN S JOHNSTONE.
Mr. WHITBREAD hated, that he held in his
hand a petition from the Hon. Andrew Cochrane
Johnitone, late Colonel of the Bth Welt India Regi-
ment, and Governor of the Illand of Dominica.—
Before he opened the fubjeet of it, he thought it pro-
per to explain to the Houfe, that he had not the ho-
nour of the petitioner's acquiititance. He never taw
him until yeherday, when he had a few minutes
converfation with him. The petition, he underllood,
had been offered to feveral Member: who declined
prefenting it. In conformity with a principle which
he had laid down for himfelf, he thought it his duty
to prefent it, at the fame time he begged to be under-
hood as not being in the fmallelt degree pledged to
the truth of the allegations contained in it. Mr.
Whitbread then hated the fubliance of the Petition,
complaining that Mr. Johnlione had Lieen pallid over
in the brevet promotion of Major Generals which
took place in 1803, and of partial conduct towards
him by the Commander in Chief.

The Petition having been read, Mr. WHITBREAD
moved that it lie on the table.
The SECRETARY at WAR faid, that although
it was not the intention of his Honourable Friend to
found any motion on the Petition which had been jolt
read, he Hill felt it necefrary to fay a few words on
the fubjeEt. An idea had gone abroad, that he for-
merly meant to fupport a Petitko from the fame
Honourable Gentleman who now craved the interfer-
ence of the Houk. Some per tons who fat in the late
Parliament might poffibly recoiled the notice he had
given on a fubjed nearly conneEled with the indult

Petition. Thore however who had only fat in the
prelim Parliament might not knew it, rnd therefore
he hoped for indulgence while he fh ull explain his
conduit and motives upon that cce:.a.)o. Asa m..i-
tary man, the abufes in the praCtice.olCoorts Martial
engaged much of his attention. There abides he con-
ceived to proceed principally from the practice which
had obtained for a (cries of years, that all matters re-
lating to the dccilion of fuch courts fhould be tranfaeled
between his Majelly and the
_lodge Advocate General
alone. lie thcught it Ilrarge that Inch decisions
Mould be confirmed or fet elide without the interven-
tion of the Commander in Chief, and it was to put an
end to fuch a praftice that he had given the notice of
motion. Upon that =Ann, he had mentioned the
Leafe of the Petitioner as one of the moll recut, and as
one of the Rrongefl which had occurretTin illultration
of the inifchief- of the practice to which he had al-
hided. Subfequent" to the notice, a change took place
in the Adminiaration, in confequence of which he
acquired an opportunity of endeavouring to remove
the very grievance of which he had complained. Hay-
ing had an opportunity of making reprefentatices to
j his Majefly, the mode of proceeding was in confe-
quence entirely changed. The practice now waskr the
Judge Advocate General to lay the proceedings before
} his Maletty, and they were not to receive his own dcci-
fion. His Majelly's pleafure is now made known to the
Commander in Chief, who is the organ of communi-
cation to the army at large. Thus the injoilice which
1, was fuppofed to atife from the interference of the
' Judge Advocate was prevented. He would not ob.
jai to receiving the Petition, though he faw no ad-
vantage which could tefult to the Petitioner from it.
One of the objects of the Petition was to obtain the
relloration of his rank. This was a cafe in which the
Houfe could net in the !call degree interfere. It was
one on which it was impoffible to frame any quellion
which could procure the Petitioner fuccefs. It would
be an interference with the Prerogative, which the
Houle could not pointy fanCtion without extreme
danger and inconvenience. Another objcel of the
Petition was, that the Houle fhiuld take filch mea-
lures as might prevent the recurrence of fuch pro.
ceedings in future. It was unneceffary to petition the
Houfe on that particular point, as it had been already
done. The Judge Advocate General was deprived of
that power of which he had complained, and which
he certainly would have made the fubjea of a mo-
•ion, had not the fituation to which he was appointed
afforded him an opportunity of putting an end to the
praCtice. He begged pardon for trefpaffing on the
Hcufe, but he thought it neteffary to refute the idle
and mifchievous reports, the calumnies, he might fay,
which had been circulated refpeaing his conduet in
this bufinefs.
Mr. W. DUNDAS could not fubfcribe to the doc-
trine laid down by the Hon. Gentleman (Mr. WHIT-
MAD) refpeeting Petitions, and expreffed himfelf
againfi receiving the Petiat n.
Mr. PLUMER Paid, the Petition had been offered
to him ; but he declined prefenting it, upon the prin-
ciple that where a Petition contained a prayer which
could not or ought not to be granted, it ought not
to be prefented.
Sir E. KNATCHBULL was of opinion, that any
perfon had a right to petition the Houfe if he con-
ceived himfelf aggrieved, and that no Petition, couch-
ed in proper terms, the matter of which was not
objeei nable, ought to be refuted.
The Petition was ordered to lie on the table, but
no notice of molion on itwasgiven._