Star.
London, England, 1811-01-05 00:00:00

SATURDAY', JANUARY 5, 1811.

ADMIRALTY OFFICE, Drowsier 20, 1810.
NOTICE it hereby given, That a Session of Oysr and
Terminer and Coal Delivery, for the Trial of Ofeame emennot kd
on the Hsi* Sew, within the joriedirtion @fate Admiralty of England,
will he held at shatioe Hall' in the Old Bailey, Loam, on Tamil it/.
22d of January next, at eight sieloei in the morning.
J. W. CROKER.

Sir J. BRANSCOMB and Co. I. SIVEWRIGHT,
Sole Surviving Partner,
A RE happy to announce the New Plan of the
1 1- STATE LOTTERY, to be Drawn 15th FEBRUARY,
1811, will remove every objection that has hitherto been stated.
There are more Capital Prizes, and each will now be of dlffere:it
Numbers, and there are none less than £2O. They trust their
uncommon good Fortune will ever attend, their Friends the
Public, having sold in this and last Year ALONE,
Six Prizes of £20,100 The Only
Forty of £4OO up to 10,000 AndseveralPrizesofloo,
The First
The Last
And others too great to enumerate.
Tickets and Shares in great variety are on Sale at their Old
Offices, 37, Cornhill, 38, Haymarket, and I t, Holborn.

OFFICIAL PAPERS
LAID MORE THE HOUSE OP COMMONS, RELATIVE TO
THE ISSUE OF PUBLIC MONEY.
No. I.—This is a copy of a Warrant of the Lords
Commissioners of his Majesty's Treasuty, directed to
the Auditor of the Exchequer, dated 31st December
last, for issuing £500,000 to the Navy.
No. 2.—A Treasury Warrant, dated 31st Decem-
ber, 1810, for issuing £500,000 u the Army.
Copy.—No. 3.—Lord Grenville, Auditor of the Exchequer, on
the subject of issuing Money from the Exchequer, for the ser-
♦ice of the Army and Navy, under the Warrants of the Lords
of the Treasury.

Jan.], 1811.

Sut—Mr. Fisher has this moment brought to me
two warrants from the Lords Commissioners of his
Majesty's Treasury, under yesterday's date, by which
I am required, in consideration of the circumstances
therein stated, to draw an order for the issue of
£500,000 to the Bank, on account of the Paymaster.
General of the Forces, and also a like sum on accoust•
of the Treasurer of the Navy, for which issues no an.l
Charity under his Majesty's Great Seal, or Privy Seal
or Sign Manual, has as yet been presented, accor-
ding to the accustomed mode and course of the Ex-
chequer in that behalf.
I have been, up to this moment, totally unapprised
of any intention on the part of their Lordships, to
transmit to me any such warrants, but had on the
contrary every reason to bepeve, from what you stated
to Mr. Fisher, that the Officers of the Exchequer were
to be called upao to act on this occasion, under the
authority of his Majesty's Privy Seal, which however
irregularly it might have been obtained, would have
bees. in MT indiraient, imoerative on them. •

It now be-conies tiecessiry for m 4, to Consider the
nature and extent of the duties which this new and
unexpected course of proceeding imposes upon me ;
and 1 must for that purpose request that you will do
me the honour to inform me, within what time it
will be necessary, for avoiding those inconveniences
to the public service, which are specified in the war-
rants of their Lordships, that such orders as are be-
fore mentioned, should be drawn and transmitted
to their Lordships.
I have the honour to be, Sir, your most obedient
humble servant, (Signed) GRENVILLE.
The Right Hon. Spencer Perccval, &c.
(Copy.)—No. 4.—Mr. Perccval to Lord Grenville, stating the
period when an issue should be ,nude front the Exchequer, in
pursuance of the Treasury warrant.
Downing-street, January 1, 1811, a quarter
before three, P.M.

MY Lotto—l 1...ve had the honour of receiving
your Lordship's letter of this day's date, desiring to
know within what time it will be necessary for avoid-
ing those inconveniences to the public service, which
are specified in the warrants to which your Lordship's
letter relates, that the order for issuing the money under
such warrants should be transmitted to their Lord-
I ships ; and I have to assure your Lordship that, ac-
cording to the usual course of supplying the weekly
issues, both to the navy and army, it would be ne-
cessary that sums should be issued to both services
beyond the amount of the existing credits at the Ex-
chequer, either to-morrow or the next day at farthest ;
but although such is the usual practice, which I re-
gret the necessity of departing from, yet if the orders
could be so furnished as to admit of an actual issue
being made upon them by Monday next, I do not ap-
prehend any serious inconvenience to the public ser-
vice from such a short delay.

—I have the honour to be, my Lord, your Lord-
ship's most obedient and humble servant,
(Signed) SP. PERCEVAL.
The Lord Grenville.
(Copy.)—No. S.—Lord Grenville, Auditor of the Exchequer,
transmitting a case on the subject of iauiag Money from the
Exchequer wider Treasury Warrants, and requesting the same
might be transmitted to the Attorney and Solicitor-Genius!.

Exchequer, Jan. 1, 1811.
MY LORDS—I have been informed by a letter of
this date, from the Right Honourable the Chancellor
of the Exchequer, that it is desirable the orders re-
quired by your Lordships' warrants of yesterday's
date, should be transmitted to your Lordships either
to-morrow or next day at farthest, and that serious
inconvenience is apprehended to the public service,
unless the actual issue can be made upon them by

Monday next.
Under this pressure, I have thought h my indis.
pensible duty to lose no time in drawing up such a
statement of the case as my general knowledge of
the subject enables vie to do on the sudden. If there
should appear to your Lordships any deficiency or
error in this statement, I beg leave to request that
your Lordships will have the goodness to direct that the
same should be supplied by your Lordships' Officers;
and I cannot doubt that your Lordships will then, in
compliance with this my humble request, direct that
the case should be immediately submitted, by your
Lordship? orders, to the Attorney and Solicitor-Ge-

neral, in order that I may have the sanction of their
legal advice and authority in a matter of such novel
and unprecedented difficulty.
I have the honour to be, my Lords, with great re-
spect, your Lordships' most obedient humble servant,
(Signed) Gesinvtax, Auditor.
(Copy.)—No. 6. Case for the opinion of his Majesty's Attorney
and SoHater-General—Jan. 1,16 ti. •
The Auditor of the Exchequer is appointed by a ,
constitution from the Lords Commissioners of his
Majesty's Treasury ; his office is generally described
by Lord Coke, Inst. 106.
His appointment states his duty to be, that of wri-
ting all and every the tallies and counter tallies of all
whatsoever the bills to be made hereafter at the Ex-
chequer of our Lord the King, on all and every the
payments and assignees to be there made ; and of do-
ing .an d exerciJing all other thing: to that office belonging.
e has no general instructions accompanying his
appointnutnt. •
Special provisions relative to his office and duties
are contained in the Bth and 9th W. 3. c. '2B, parti.
cularly in sections 6,8, and 10, to which your atm&
tion is desired, as well as to the general tenor of di
several statutes for the regulation of the Exchequer;
and also to the statute G. 3, c. 115, s. 6.
Copies of the several forms of the warrants under
Privy Seal and Sign Manual, and of the usual war-
rant from the Lords Commissioners of the Treasury
to the Auditor, for drawing orders for the issue of
money, according to the accustomed course of the
Exchequer, are transmitted herewith. And Mr.
Fisher, the Auditor's Chief Clerk, an officer of long
experience in the Exchequer, will attend you, for the
purpose of supplying Any explanation of these instru-
ments, or any other information which you may re-
quire.
A copy is herewith inclosed of two warrants from
the Lords Commissioners of the Treasury, dated De-

cember 31, 1810; and requiring the Auditor, under
the circumstances therein described, to draw orders
for the issue of one million of the King's treasure,
for the issue of which no authority under his Ma-
jesty's Great Seal, Privy Seal, or Sign Manual, has
been presented, according to the accustomed course
of the Exchequer in that behalf.
Your opinion is requested, by the Auditor, whe-
ther the aforesaid Warrant of the Lords Commissio-
ners of the Treasury is a sufficient authority impera-
tive on him, and therefore a legal sanction for his
proceeding to obey the same ; or whether any, and
what discret►on is left' for
exercise
of Law.

Majesty's
gency

,ving
ments tow .1 we are referred, and the general prac-
tice.vrhich we understand to have prevailed in the
Exchequer, as well before as since appropriation acts,
similar to the 50 G. 3, c. 115, have been annually
passed, we do not think that the warrant of the Lords
Commissioners of the Treasury is in law a sufficient
authority imperative upon the Auditor, nor conse-
quently a legal sanction for his proceeding to obey
the same, nor that any discretion is left to him by the
law on this occasion for the exercise of which he will
not be responsible. (Signed) V. Gass.
Tito& PLUME&
Lincoln's Inn, Jan. 2, 1811.

(Copy.)—No. 7.—Mr. Harrison to Lord Grenville.

M Lone—l am commanded by the Lords Com-
missioners of his Majesty's Treasury. to acknowledge
the receipt of your Lordship's letter of yesterday, re-
questing that the case, therein transmitted, should be
immediately submitted to the Attorney and Solicitor
General, in order that you may have the sanction of
their legal advice and authority in a matter of such
novel and unprecedented difficulty ; and to acquaint
your Lordship that they lost no time in complying
with your request.- And I am now commanded to
transmit to you a copy of the opinion, which they
have just received from the Attorney and Solicitor-
General, stating, that they do not think that the war-
rant of the Lords Commissioners of his Majesty's

Treasury is, in law, a sufficient authority imperative
upon the Auditor, nor consequently a legal sanction
for his proceeding to obey the same.
My Lords directed me to add, that their sense of
the mischief to the public service, which would arise,
if any delay should take place in the issues of the
monies required by their warrants of the 31st Decem-
ber, appears to render it indispensibly necessary that
those warrants should be forthwith complied with ;
and that they are consequently ready to take upon
themselves the responsibility of any act which may
be essential for that purpose. I am, my Lord, your
Lordship's most obedient, and humble servant,
(Signed) GEO. HARRISON.
(Copy.)—No. B.—Lord Grenville, stating his reasons for not
complying with the directions of the Treasury Warrant.
Exshequer, Jan. 5, 1811. 55 min. P. M.
MY LORDS—I had the honour to receive yesterday
evening, a letter from Mr. Harrison, transmitting to
me the opinion of his Majesty's Attorney and Solici-
tor General, on the statement which I took the liberty
of submitting to your Lordships for the purpose of
being laid befbre them ; aad 1 beg leave to express
the due sense which I entertain of your Lordships
ready compliance with my request.
Having fully considered that opinion, I lose ao
time in humbly apprising your Lordships, of the final
judgment which I have formed as to the line of my
official duty on this occasion.
It is mattes of the deepest concern to me, to be
made the involuntary cause of any, even the shortest
delay, in an issue of his Majesty's treasure, stated to
me from such high authority as that of your Lord-
ships, to be important to the public service. If

[PRICE SIXPINCE-HALTPI24I4,I.
•

could be satisfied of the propriety of my doing what"
is required from me by the war rants which I have •
had the honour to receive from your Lordships, there
is no personal responsibility which I would not rea•'
dily incur for the public interests ; but I cannot per-
suade myself, that I could obey these warrants, with•
out a. breach of my official duty in that point, which
is above all others peculiarly obligatory on the person
placed in the. situation of Auditor of the Exchequer ;
nor without a high and criminal violation both of a "
politive statute, and also of the essential principles of
oar Monarchial and Parliamentary Conititutiun.
The Acc passed in the Bth and 9th of King Wil;
liam the Third, cap. 23. entitled, " An Act, for the,
better observation of the course anciently 'used in the
receipt of Exchequer," prohibits the issue of the King's:
treasure, except in pursuance of the• special prdvi-
Lions of an Act of Parliament, or under the autho-
rity of warrants under his Majesty's Great Seal or
Privy 4pal duly entered in the office of the Auditor,
Who it—thereupon to 4iss► the
In the present instance all
wanting ; and it is proposed
ling of his Majesty's treasure
sole ground of a warrant signed
Every step taken towards
Officer of the Exchequer,
the Auditor, would he in open
Statute, and of the accustomed
quer ; for such an Act your r
not, as I now learn from the
me any legal sanction. I
my own discretion, for the
alone be responsible. This r.
attaches upon me, I certainl;
other persons, and least of a
whatever willingness you hay,
yourselves. My attempting ,
criminal ; tending to conform(
in which I have the honour
Lordships, and to annul those
has established to ensure the .
our respective duties, and thereb,
public treasure.
But I beg leave humbly to submit to your-Lord-
ships, that the law has in truth invested me with
no discretion on this question. The exigencies of
the public service, which your Lordships 11..ve coo.
descended to detail to me in these your warrants,
are matters of State, of which, as Auditor of ,tigr
Exchequer, I have no knowledge, and can take no
cognizance; my official ddty is strictly limited to
"4 forms, of the Ex.
W from time to
To these
"e fullest

to

relit. Lordships, a
contained in those.
Perhaps, however, on an occasion of such high
and urgent public interest, it may not be improper
for me, before I close this letter, further to submit to
your Lordships my view of the mode in which
all difficulties on this subject may be removed, in
se far at least as any agency of mine may be requi-
red for the purpose of those issues ; a mode which I
am happy to think may still be resorted to, even within
' the period which the Right Honourable the Chancel-
lor of the Exchequer did me the konour to point out
to me, as that within which no serious inconvenience
is to be apprehended to the public service.
Your Lordships have recited in your warrants the
resolution by which the two Houses of Parliament
have declared the melancholy fact of the ternponrri
incapacity of his Majesty for the discharge of his high
functions. If it be proper for me, in my official cha-
racter, in any manner whatever to act on this steels.
ration, I cannot separate my knowledge of it fioni
that of the accompanying resolution, by which the
Lords and Commons did at the same time declare,
that it was their right and duty uto provide:the
means of supplying the defect of the personal exer,
else of the Royal Authority arising from his Ma.
jesty's said indisposition, in such manner as the 'exi-
gency of the case may appear to them to write'
To this resolution all the, subjects of this. realrit
ewe submission and obedience, and while it presents
on one hand, in my judgment, a fresh and insuper-
able obstacle to my obeying your Lordships requist-
Lion, it does, I trust, afford on the other hand, the
means of obviating any inconvenience that might
arise from my adherence to this my public duty, I
should think myself doubly criminal, if, while the
two Houses are actually proceeding in the execution
of such their right , and duty, I were to take upoil
myself to decide for them in what manner the pee.
sonal defect of the King's authority shall be supplied,
in so important a branch as that of the issue of 'IA
royal treasure ; much more if I were tcrarrogate to
myself the power of dispensing, for that purpose, with
the express provisions of the laws by which my Ofi-
cial duties are regulated. .
But if your Lordships shall think it proper to sub-
mit this difficulty to the consideration of the two
Houses of Parliament, they have declared, that with
them rests the right and duty to provide the means or
removing it. With them resides, under the present
exigency, the power to command those official seals,
the use of which would constitute an imperative 44
I unquestionable authority to the officers of the Exche-
quer ; with them rests the discretion of judgin: i
what other manner they may think it more fit to
vide a sufficient warrant or sanction for any Is
which .they may determine to be requisite for elk 1.
lic interests ; and I certainly should not fall' t. ' .'
to their pleasure with entire submission(and A 'ex*
cute with the most implicit obedieete, W littletis
which I shall receive from your Ltedshipi, a t
sanction of their authority.
, ... 4 have the *our to be, &c. ItiAgs4
Game4,l,e, •
. :
.• .
.
•

-0 ,
what discretion is left to him on this occasion, for the an, observance of the accustomed forum
exercise of which he may be responsible in any Court chequer, and of the laws• which have
of Law, or to the two Houses of Parliament : They time been passed for its regulation.
having resolved that it is their right and duty to pro- am bound to adhere ; and it is on the
vide the means of supply'aatbe defect of the pen°. sislakeosiow, thippimase of 4WD bi
nal exercise of the Royal authority, arising from his me, to give to them, that I aniTalp
Majesty's indisposition, in such manner as the exi- dine, but with all due respect to yoor 1
gency of the case may appear to them to require. compliance with the requisition contain
Having considered the several statutes and docu- warrants to which this letter refers.
menu to which we are referred, and the general prat- Perhaps, however, on an occasion

• 'the seems,/ orderk..•
all these authorities
sed that £1,000,000 stet.
sure shall be issued on th 4
igned by. your Lordships.
such an issue by any
but more especially by
pen violation, both of that
>rued course of the Exche-
r Lordships' warrantsan.
to highest outhority, afford
must, I am told, act 03
exercise of which I must
responsibility, if it legally
nly cannot transfer to any
)f all to your Lordships,
lave expressed to take it on
ig to do so, would itself be
uund the official relations
)ur to stand towards your
hose checks which the law
the faithful discharge of
thereby the security of tit"