Star.
London, England, 1809-02-10 00:00:00

HOUSE OF COMMONS.

Mr. STURGES BOURNE, Cluirroan of the Donnegal Elec-
tion Committee, stated, that in consequence of the arrival of cer-
tain documents from the Commissioners of Contested Elections
in Ireland, touching the Donnegal Election, which were so vo-
luminous, as to require some days for perusal by the Counsel on
both sides, before the business of the Committee could proceed,
he moved that the said Committee have leave to adjourn to Wed-
nesday next.—Leave given.
_ _

,
• Sir THOMAS TUIRTON presented a petition from the pri-
soners for debt in the Marshalsea prison, Southwark, praying re-
lief by an Insolvent EilL—Ordered to lie on the table.
Lord PERCY, Chairman of the 'Wexford County Election
Committee, said, that he had received a letter from Sir W. Ingk-
by, a Member of that Committee, dated at Cadiz, and stating
himself to be in so ill a state of health as to be unable to undertake
a voyage to England, to attend his duty in that Committee, with-
out danger to his life ; and that it would he necessary, so soon as
he was sufficiently recovered, to proceed to Madeira, for the re-
storation of his health. The letter inclosed a certificate from Sir
W. Ingleby's physician at Cadiz, to this effect. Th: Noble Lord,
consissently with the forms of the House, was obliged to attest
the letter on oath, when it was the pleasure of the House. to dis-
pense with Sir W. Ingleby's further attendance on that Com-
mittee.

A petition was presented from Robert Williams, Tsq. one of
the late candidates for St. Alban, complaining of the undue elec-
tion at Mr. Giles, the sitting Member, oa the ground of briber y.
The SPEAKER stated that the time for the sitting Memberto
enter into rectismizances would rot expire until the 9.31; and the
petition was ordered to be taken into consideration on the 'Stith.
Mr. ROBERT WARD presented estimates of the monks that
would be wanted for the navy, dock yard buildings, and transport
service, over and aboVe the ordinary grants for the service of the
year, and gave notice that he would move for those sums to-mor-
row se'nnight, in the Committee of Supply.
Mr. WELLESLEY POLE presented copies of the instructions
and correspondence which passed between the Board of Admi-
ralt,r and Admiral Sir Charles Cotton respecting the Russian
fleet in the Tagus.--Ordered t 6 be printed.
The CHANCELLOR of the EXCHEQUER moped the
thanks of the House to the Rev. William Carey, for his Sermon
preachad before the House, at Sr. Margaret's Church, Westmin-
ster, on Wednes.•ly.—Agreed to.
' P.tr. ROSE moved, that the House do resolve into a Commit-
tee to take into consideration the expediency of extending the ju-
risdiction of the Admiralty Court, from Newfoundland to the
Coast of labradore.—Resolved accordingly. The proposition
was agreed to, and leave given to bring in a Bill.
The Report of the Militia Enlistment Bill was brought up, and
agreed to, and the hill ordeied to be engressel.
_Lord CASTLEREAGH, is deference to the Wishes of Mr.
I,l"udhatn. who expres ;ed his desire to inake some observations
en the subjett, shoved that the bill be read a third time to-mor-
row.—Ordered.

A Message was reieivrd from the Lords, transmitting Lord
Boringdon's Divorce Bill, passed by their Lordships, and desiring
the concurrence of this House. Read the first time, and ordered
for the Second reading sine die.
Mr EVAN 13A11.1.1E presented a petition from the prisoners
fot debt in Bristol county gaol, praying relief by an Insolvency
.Acr.—Ordered to lie on the table.

The Cortimittea on the Corn Distillery Prohibition Bill wat, on
the motion of the CHANCELLOR Of the EXCHEQUER, postponed
till to-morrow.

THE COMMANDER IN CHIEF.

Mr. WARDI.E moved the Order of the Day 13r
the House to resolve into a Committee for further in-
quiry into the conduct of his Royal Highness the
Duke of York.

Mr. YORKE wkhed, previously to the House re-
solving intei a Committee, to explain the grounds of
his recommendation, on a former night, that a wit-
ness should be detained in the custody of the Seajeant
at Arms, to prevent communication with other wit-
nesses already examined, or to be examined, on a sub-
ject of so much importance. The Right Hon. the
Speaker had, on that occasion, given his opinion upon
the subject, in opposition to what he felt it his own
ditty to propose ; and he now thotight the House
acted Wisely in following that opinion. What be
himself had proposed he conceivedi to be fonnded on
parliamentary usage, although he then spoke gene-
rally, without being able at the moment to refer to
particular precedents. He had since, however, made
more minute research ; and although Gentlemen
seemed before to think he recorarnended.something
which was novel in pArliaMentary proceedings upon
such cases, he was now enabled to refer them to pre-
cedents upon the Journals of the House, and in times
to which the House had bete in the habit of looking
up with veneration, onsteills those shortly subsequent

to the Brunswick accession. He then moved; that
the Clerk might refer to the 18th volume of the Jour-
nalst and the proceedings which
,took place from the
12th ib the 17th June 1715, from which it appeared,
that the House, on the representation of Mr. Walpole,
Chairman of a Secret Committee then sitting, had
deemed it proper to order that Mathew Prior, Tho-
mas Hardy, and several other persons, should be
taken into close custody of the Serjeant at Aims, and
there detained during the pleasure of the Howse, in
order to prevent them from withdrawing themselves,
and to secure their evidence before the Secret Com-
mittee, touching the matters then under enquity.
And the said Matthew Prior having refused to be ex-
amined before the said Secret Committee, he vas or-
derail to be detained in close custody ; and a petition
having been presented ,by Mr. Prior to the House,
complaining of the haidihip of such detention, no or-
der was made upon it until the 20th of SePtember
following. The next precedent to which he s'rould
refer the House for proof of what their ancestors had
done in similar cases was in the 21st voldnie of the
Journals, on 15th February, 1731, when -the House
bad ordered a number of persons to be taken into
cloie custody, Who, it was apprehended, were about
to withdraw theinselves from giving testimony. The
necessity of such proceedings, however, must always
depend upon circumstances : the House must in its
own discretion judge whether under those of the pre-
sent case,
„it was eligible to follow the precedents he
had stated at all events he hoped he had shewn that
his proposition was not unparliamentary.
Lord FOLKESTONE tould not accede to such a
doctrine, as that the communication between wit-
nesses either before or after examination at the bar of
that House was to invalidate their testimony. It
must be quite impossible to preiient such communica-
tion from taking place between personi desirous of
giving the fairest evidence. And if the Right Hon.
Gentleman meant, in the course of this enquiry, to
found any proceeding upon the pietedents he had
quoted, he (Lord Folkestone) trusted no such pro-
ceeding would be adopted, without giving the House'
time to search more minutely for further precedents.
Mr. FULLER said it was impossible for any ho-
nest man, about to give testimony before that House,
to entertain a wish for holding .any communication
with other witnesses. No witness could wish to hold
, any such communication but for the purposes
_of de-
ception, and he was surprised the experience of the
Noble Gentleman had Rot taught him a different way
of thinking. •

Mr. SHERIDAN ncrw rose, and observed, that in
consequence of some interrogatories put on a former
night by an Honourable Member to Mr. Corti, one
of the witnesses examined before the Committee, in
ord'r to ktiow whether Mr. Finnerty was one of the
persons to whom he alluded as present with him at
Mrs. Clarke's house, an idea had gone forth that Mr.
Finnerty was the person. He had himself, however,
since Tuesday night received the most consistent as.
surances that Mr. Finnerty was riot the person, nor
had he any concern whatever in these transactions. .
With regard to Mr. Fihnerty hiinself, he was at pre-
'sent under prosecution by the Attornex.-General for
a libel against his Royal Highneis the Duke of York,
and he felt that such an idea going forth to the pub-
lic as that he was the person alluded to by Mr. Corti
in his evidence, would be extremely prejudicial to him
on his trial. He was therefore extremely desirous to
remove such ah idea, and to prove to the House that
he was not the person. He now held a Petition in
his hand from Mr. Finnerty, which he would beg
leave to present to the House.
The petition was received and read
It purported to be the petition of Peter Finnerty, of
Clement'slinn, gentleman, and stated, " that the pe-
titioner had heard with Surprise and regret, that in
the course of an examination now carrying Oil before
that Honourable House, relative to his Royal High-
ness the Commander in Chief, his name had been
frequently introduced ; and that questions had been
put, implying suspicions which might produce im-
pressions injurious to him, Upon a prosecution insti-
tuted against him by the Attorney-General, and which
was expected shortly to be brought to trial. Petitio-
ner, therefore, thought it necessary to state to the
Honourable House, that he was perfectly ready and
willing to appear at the Bar, and answer any question
that might be put to him, as he had never been en-
gaged in any transaction which he would shrink from
avowing ' • and he begged leave to assure that Ho-
nourable House, that his answers would be frank,
full, and explicit."
_ _ _

The petition was ordered to lie on the table.
The House now resolved itself into a Committee ;
Mr. WHARTON in the chair.
Mr. STURGES BOURNE wished to state, in re-
ference to an answer given by one of the witnesses ex-
amined at the Bar, oh a forinet night (Mr. Dowler),
alledging that, he had been recommended to him by
Mr Pitt, for an appointment on the Comnlissatiat,
he had not, he said; the slightest recollection of any
such recommendation ; he had since minutely search.
ed every paper in his office and possession, and he
could find no trace of any memorandum of his being
so recommended. He had no knowledge of Mr.
Dowler, or of his ever having been recommended to
him.

Mr. HUSKISSON also stated, that he had made
strict enquiry in every channel through which such
a recommendation of Mr. Dowler could come, and
he now certainly had no knowledge of any such
recommendation. lie bad caused careful search to
be made through every office in the Treasury, to see
whether any trace could be found of such recom-
mendation; and no such appeared. He then di.
fected inquiry to be made in the office of the Com-
missary General, and a strict examination, not only
of all the public records, but even of the private pa-
pers of the late Sir Brook Watson, who was at the
head of that department, and upon none of those
documents, public or private, could he find any
trace of Mr. Dowler, or his appointment, . or any
recommeadatic* of hint. lie next ap.plotd. to Mt.

(five In all) sliduld be appointed. It appeared, on
ftirther enquiry, that he (Mr. Hirskisson) was direct-
ed, in consequence of the letter of the 15th of June,
by the Lords of the Treasury To, write to the Comp..
troller of ArMy Accounts, stating the direction of the
Lords of the Treasury to examine Mr. Dowler, re-
specting his fitness to be employed as a Comrhissary,
while he and his.colleagues were directed to prepare
a Commission for Mr. Dowler; in case the opinion of
the Comptroller should be in his favour: The Comp-
troller's report was received on the 3d of July, 1805,
stating that he had put such questions to Mr. Dow-
ler as he tnought riece.sary, hii answers stated
that he was thirty-two years of age ;.that he resided
in the parith of St. Clement Danes ; that he had re-
ceived a commercial eduCation at an academy in
Tower-street ; that he had letrn. t Latin and Greek;
that he was sixteen years in his father's Counting-
house ; but that never having been employed in the
Commissariat, he war unacquainted with the official
forms of vouchers and other documents. The
Comptroller-added, that he thought as Mr. bowler
had received.a commercial education, and was an ac-
tive intelligent man, he thought their Lordships
might safely recommend him to the appointment.—
A letter was accordingly Written to the Secietary
at War,. in order that A Commission might be laid
before his Majesty for Mr. Dowler's appointment.
It was necessary to explain that no commission was
e'er issued by the Lords of the Treashry for Come
missaries in the Hottie DepartMent : those commis-
sions came through the Secretary at War ; and it
was only for foreign service, that such commissions
were issued from the Treaury: in consequence,
-therefore, of-Mr. Dowler being nominated for service
in South America on the Ist November, 1806; a
cotrunission was made out for him at the 'Creasurc,
but he had never called for it, nor taken it up. On
the 27th of July following, he found a letter stating
that Mr. Dowler was appointed an Assistant Com-
riaisSary. But he found that this was in consequence
of a letter from the conimissary General, dated the
18th June, and that Mr. Dowler received his commis-
sion on the 19th July, four others being appointed
about the same time. But he had no recollection
whatever of seeing any recommendation of Mr.
Dowler, nor had he any knowledge of hig person ;
and, indeed, of seventeen or eighteen similar appoint-
ments of which he kntnv under Mr. Pitt's administra-
tion, lie had no personal knowledge of more than two
of the parties. What the motive was which inducCd
the Lords of the Treasury to grant Mr. Dowler's ap-
pointment, he could not tell ; but he Would answer
for it, that it was one that did notogive rise to any
susPicicn at the time, that it was negociated through
any sinister or improper means : for, if any such
suspicion had arisen, the custom was to direct the
Comptroller to examine the party upon oath; and
he had no recollection of any such occurrence. The
Honourable Member was proceeding to some further
explanation on the appointment of Mr. Minby-, and
his recommendation of Mr. Dowler, of which some-
thing had been said at the Treasury•; but the Com-
mittee became anxious for the examination of evi-
dence and after a Very general cry of Proceed ! Pro.
reed Colonel MrARDLE moved that Mrs. Mary Anne
Clarke be called in.