Star.
London, England, 1811-07-19 00:00:00

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that if he did not answer to the interrogatories, he be made, as it was contrary to the expresi provisions
must be committed for contempt. Thelsloide Lord of en Act of Parliament. But with respect to the
told the Judge that it was contrary to the laws to Noble Lord's case, it was again, he must repeat it,
commit him, little thinking (as he had been since in. one of the most frivolous cases ever brought before
formed by his Counsel, Sir A. Pigot, Mr. Leach, Parliament.—(Hear, hear.)
Mr. Holroyd,) that the laws afforded him no reme- The Gallery was then cleared for a division, but
dy, they not extending to the Island of Malta. In the motion was rejected without the House dividing.
this state of things lie entered a protest against the THE EISGA RD.
proceedings of the Court (which protest he read),— Mr. ROSE piesented a letter from Messrs. Cooke
was again remanded to prison, not for any offence and Hallord, of the date of the 22d February, lbl I,
proved against him, for he could establish by the affi• referred to, in his statement the preceding day, re-
davits of Captains Rowley and Maxwell of the Navy I speeeng the proceedings in the case of the Fisgard.
who were in Court, that the Judge admitted that there Some conversation ensued between Lord Cochrane,
did not exist any proof of the Noble Lord's having Sir F. Burdett, the Chancellor of the Exchequer, &c.
taken down the table of fees. The Noble Lord here upon it; the Noble Lord complaining, that the letter
stated that he applied for redress in Malta to the Ci- C row produced, proved nothing satisfactory, and that
vil Commissoners, to the President, and to the Go- it was not the letter he alluded to, but the answer to
vernor ; but their opinions were that they could note one dated the 29th January.
interfere with the judicial authority. The Noble Lord Mr. ROSE expressed his readiness to give the
stated that he continued a prisoner during another whole of the correspondence on the subject ; and then
sitting day. When finding he should not be called the letter was laid on the table.
into Court, and expecting that it was intended to de- Lord Cochrane was about to move for all the Pa-
taia him there until the packet had sailed for Eng- pers on the subject, but Rot being prepared with his
land, he, after six days confinement, made his escape motion, and keeping the House waiting for some
out of prison. A Proclamation was then issued, which time, Mr. Calcrai t suggested the propriety of being
he considered not only a gross insult to this House, prepared, and thought the House ought to require a
but also to England. The Proclamation was headed notice of the Motion. In this the Speaker acquiesced,
with, " Escape of Lord Cochrane ; to which was and called upon Mr. Brougham to proceed with his
added, fifty abuses to his name, as it he had been a Motion.
thief, offering for his apprehension a reward of 2000 PUNISHMENTS IN THE NAVY.
:en& (about £2OO sterling.) This proclamation was Mr. BROUGHAM rose to make the Motion of
posted all over the Island. The Noble Lord made which he had given notice, for the prodUction of the
a variety of observations, and observed, that before minutes of the Court-Martial on Lieutenant Richards,
he put his motion, he wished to know from the Chair, of his Majesty's ship Dart. He said, that about two
whether the treatment he had experienced WAS not a years ago, this vessel, lying in Carlisle-bay, Berba.
breach of the Privileges of the House. He would does, a seaman, as a punishment 'for some offence,
trouble the Right Honourable Gentleman to tell him was ordered into confinement, to which he objected,
whether the Privileges extended to the Colonies, or and in the course of it behaved so very indecorously,
Plantations, or Islands abroad ? and made so much noise as to disturb one of the Ot-
The SPEAKER—" Ido not know whether the ficers of the ship, who afterwards for this offence or-
House expects me to reply to the questions which the dered another punishment, which he was sorry to
Noble Lord has put to me, perfectly new as one appears understand prevails in the Navy, viz. that of gagging.
in specie ; but, as far as my information goes, I will This was done by putting a piece of wood into the
give it, if the House thinks fit that I should do so—. mouth of the person, which prevents them from
HOUSE OF COMMONS. Wear, hear.) With respect to the privileges of tne speaking, and in many cases, as it did in the present,
HIS MAJESTY'S HEALTH. • ouse, I know of no means of enforcing its privi- brings on suffocation. In this instance a large piece
• I.nrd JOHN THYNNE appeared at the Bar, and stated, that loges, but in the usual way, from time immemorial, of •
the Add
ers of the House had been presented to his Royal High- iron was put into the seaman's mouth, and fasten-
the
the rince Regent, praying him to direct that the Report of by its own officers ; and I never knew one instance of ed behind the head with a bandage, to prevent its
•he lshririans on the state of his Majesty's health should be laid any officer having been sent across the seas at the in- being in arty degree removeeble. Ile officer soon
before'thern, and that his Royal Highness had been graciously stance of any Member, on a complaint of insult of. after ordering this punishment went on shore, and on
14e2sed toe, mply with the same. fered to him personally—( Hear, hear.) So much for
Mr. Seer. tary RYI)ER presented a Copy of the Communica- his return he found the man was dead. Early on the
the question of privilege. In the next place, I never
tion mad- by his Majesty's Council to the Lord President of the next morning the body, as he was informed, was,
Privy Cruncil, respecting the state of his Majesty's Health.— knew an instance in which any Member of Parliament, •
without any Coroner's inquest, ordered to be buried
Ordered to be printed. properly before a Court of Justice, was at liberty to on shore. The officer was not put under arrest tot
MILITIA INTERCHANGE AMENDMENT RILL. treat with impunity the proceedings of that Court, or this ; but he mentioned that, as a circumstance to his
The Militia loterchatle Amendment Bill went 4:trough a to s'ay that what was done in respect to himself was
Committee, and was read a third time, and passed. done in contempt, or that could authorise him to say credit, that he did not attempt to escape. Whether the
On the motion of Lord COCHRANE, a Copy was ordered to ship was at such a distance from the shore as not to
be laid before the House of the Answer of Messrs. Cooke and that the privileges of Parliament were infringed in his be within the body of the county he could not say ;
Idalford, to the letter of the Treasurer of the Navy, respecting person for such conduct." if she was so near the shore as to admit that inference,
the charge of A'62. 175. 9d. &c. Mr. Rose seconding the motion, The Noble Lord then stated, that it had at first
and engaging to lay the document on the table to•morrow. . he ought to have been tried for murder by the Civil
been his intention to move an Address to the Prince
CIRCULATING MEDIUM BILL. Power. As it was, however, he had been tried by
Regent to recall Dr. Sewell, but upon consultation
Mr. CUSHING FON brought up the Report of the Circe- a Court-martial, whether for murder or fur any other
lacing Medium Bill. The amendments were agreed to. with the First Lord of the Admiralty, that Right crime he could not tell ; but it the minutes of the
Lout A. HAMILTON proposed his clause for limiting the Hon. Gentleman had suggested that it would be bet- Court-martial were laid on the table, the House
issues of the Bank to the amount existing at the period of passing ter to examine the documents respecting the person would be able to ascertain the fact. Nothing but the
the Act. accused. He then moved,
After a few observations by Mr. A. BARING, the claim was very advanced state of the Session could have pre-
negatived without a division .
—The Bill was thea ordered to be " That a Committee be appointed to examine, under the 45th vented him from Moving for a Committee to inquire
read a third time to.morrow of the King, into the conduct of the Judge, the Register, and •
into the punishments inflicted in the Navy, and he
THE SAINTS. the Marshal of the Court of Admiralty at Malta, &c. respecting
Mr. WILBERFORCE moved for the Copy of the Sentence certain proceedings against Lerd Cochrane." wished this to be taken as a notice of his intention to
proceed in that way next Session. The House had
of Condemnation pronounced on the sth of December, ISM, in Mr. PETER MOORE seconded the motion, not
the High Court of Admiralty, upon certain property, belongingbut thinking, that
from any knowledge of its merits,
td Negroes, on the Island called ~ The Saints," in the West In- if the matter of charge was not inquired into, it would flogging in the army; and it the information he had
sties, with the Copy of the Schedules of the Sales, &c. annexed
thereto.—Ordered. reflect upon the House—(Hear, hear.) received were true, it would be equally necessary to
ARREST OF LORD COCHRANE AT MALTA. Mr. STEPHEN (amiskt a general cry of question, turn its attention to the flogging in the other branch
Lord COCHRANE rose to Meese for the produc- question), conceived that it was expected he should of the 'service—the navy. He would not for obvious
reasons at this time mention names, but about two'
tion of certain Papers relating to the conduct of se. offer a few observations upon the subject. He could
ears ago, a certain Captain in the Navy had raised
veral Officers in the Admiralty Court, in the Island not avoid applauding the benevolent motive of the Y
so great a discontent amongst the crew of his ship,
of Malta. The Noble Lord entered into a long state- Hon. Gentleman who seconded the poor outcast of
from his frequent and unmerciful floggings, ireit a I
rnent of the proceedings in the Court pending some the Noble Lord—( Hear, hear.) With respect to the
causes which he had there instituted, and which in- conduct of the Learned Judge alluded to, he was sa- man on board, who detested the punishment, and had I
duced him to go over to that Island. He stated that , tisfied it was the opinion of the House that he had' once been flogged, was heard to say, if he was ever
certain overcharges had been made in his Proctor's I done nothing amiss—that the dignity of his office re- sentenced to be flogged again, he would leap over-
Bill, which Procter, also, against the enactments of i quired that he should exert his authority after the die board. The Captain heard this, and orderesrhim to
the. Act relating to the administration of the govern- Irect insult that the Noble-Lord had offered to the be hogged ; oil which he actually !eaped overboard,
went of that Island, exercised the office of Marshal Court.— ( Hear, hear.) The charge against the Noble, when, on a muernur being heard through the ship of
in conjunction with that of Proctor, and in the latter Lord was for taking down the public documents of i 64
lower a boat," the Captain said (he, Mr. B. spoke
capacity, charged him with sums as•paid for the ad- the Court, a charge which he had not denied, nay with doubt, end only according to information given
vice and instruction received from the Marshal.— indeed, the Noble Lord had exhibited what he termed ' him) " if the gentleman prefer that ship to mine,
Wishing to get redrees for these overcharges, he ap- a fac simile of the table of fees, and so closely imitated (meaning the sea) let him take it." Ni boat was
plied to the Judge of the Admiralty Court (Dr. that every impression of the wafers—the document therefore lowered, and the man was drowned. In the
Sewell), against whom he complained, to get his itself, and its smoke dried appearance, seemed to pro- , course of a short time two other men leaped over-
Proctor's bill taxed, but the Judge, in answer to his claim its originality—( Hear, hear.) The conduct of board to escape flogging ; cue of them was, by great
letter, referred his Lordship to the Proctor, as it was the Noble Lord, when required to answer for this con- i exertions, saved ; the other was lost to the service,
not the practice of the Admiralty Court, se Malta, tempt, was not merely that he refused to obey the mo- and to the world. On an examination into this affair
no more than of the Judges of the Court of King's nition, but that he pulled out a pistol, and threaten. afterwards, he understood, that two persons, who
Bench in England, to enter into a private correspon- ed to shoot any man who attempted to execute it up-' were actually at the time 250 miles distant from each
dence with suitors of the Court. He then applied to on him.—(Hear, hear.)—Chapman, the Officer, there- I other, gave exactly the same evidence respecting the,
the Proctor, who in reply stated, that it was not fore (and the fact was confirmed by two witnesses), declarations of the Captain on these occasions, which
usual to tax a bill after it was past. Finding he thought it not prudent to execute a warrant at the induced him to take tip theAuestion, as highly de-
could get no redress, he applied to the Admiralty point of a pistol, and therefore had not the courage serving inquiry and investigation. One person, of the
Board, and by that Board was referred to the Crown to act. The Noble Lord had stated that he refused name of Foote, whom he did not hesitate to mention,
Lawyers for their opinion, whether any action would to answer interrogatories, and that he made a pro- because it could do no harm, had kept an account of
lie against Dr. Sewell for the subsequent proceed- test against the proceedings of the Court. It was stoppages made against him ; for doing which his
ingsss in causing him to he arrested on suspicion of not regular for the Court to receive protests arraign- Carzain invented a most cruel punishment, which he
carrying away a table r f fe.s which ought to have ing its proceedings, and on the inquiry the Court did had never before heard of. He caused the seaman's
been suspended in the public Court. In respect of not think there was sufficient grounds for discharging fingers to be tied as tight together as possible with a
this supposed crime, the Noble Lord stated, that the the Noble Lord from his arrest. If, however, he was small cord, and then, that it might not be loosened
Judge allud el to (Dr. Sewell) permitted a monition aggrieved, there was a channel through which he even for the shortest time, he sealed the knot with
to be entered en the Records of the Court by the might have had redress, without coming to the House, his own seal. This was a degree of extreme cruelty,
Deputy-Registrar (who treats his friends with Bur. iby appearing before the Privy Council, and stating which at first inclined him to believe the account WAS
g in iy arid Champaigne), addressed to the Deputy.] his charges agitini4 Dr. Sewell, who would, if prove d,• false—however, he was assured of the contrary, by
punish-
Marshal, one Chapman, citing hint to appear to an- Ibe removed. But should there not have existed, in his informant. After suffering this terrible
Swer to the complaint. Not chusing to comply with i the Executive Government a disposition to redress ment for five or six weeks, he received, by order of
the demand, a warrant was then issued for his appre. the Noble Lord's grievances, then it would have been the Ceptain, fize dozen lashes. Such information
pension. Oa this warrant being shewn to the Noble I open for him to the House. But to come at the end having been given him through respectable channels,
'Lord, he, knowing Chapman was not legally autho- of the Session WAS not very regular. Dr. Sewell was and offered to be proved by persons near this Heusee
rised to execute it, refused to pay obedience, inform- a person of correct conduct, and unlikely to act with lie thought it his duty to bring it forward. One of
ing Chapman that he would not be seized upon by injustice to any individual. 1 these Captains, he was informed, had been actually
any uneuthorised person. A second warrant was Lord COCH RANE replied, and repeated his for- . engaged in the Slave-trade. With rect to these
then issued ; Chapman then silent to the Judge and suer statements. , Officers, it was for the House to say specsw hould be
resigned, as it was called, refusing to act ; a person Mr. YORKE agreed with his Hon. Friend in ob- ' done—they were now abroad, and it might be at-
named James Houghton Stevens, was appointed in jeeting to the motion on three grounds : first, be- tended with some confusion and inconvenience to the
hie stead. The Noble Lord was arrested and taken cause the case was one of the most frivolous ones he service, to order deem home. In the case at Berba.
'to the gaol of Malta. Not chusing to walk, he was had ever met with.—(Hear, hear.)—Secondly, be- does, however, a Court-martial had been held, and
carried thither, and conducted, as he stated, to a cell cause the Noble Lord, if he had just cause for corn- the officer acquitted. With respect to military flog-
with an iron door on the outside : the window of the plaint, should have made it at the Admirelty, and ging, he understood an order had lately been issued
door of the room broken, the furniture of the room' that Board would have investigated the complaint ; against it, by the illustrious personage. who is now
• consisting of a vile close :tool, no bed, and a broken and thirdly, because the complaint, instead of being the Commander-in Chief, which did the greatest ho-
chair. In this room he remained some time ; but made by the Noble Lord, was, by his own sliming, nour to his head and heart, and to which he was
the Keeper being informed he would be liable to I a complaint against himself. He had this to state happy in an opportunity of speaking in terms of the
.prosecution, the Noble Lord was then shifted to his to the Noble Lord, that if he had not been an officer . warmest praise. He would not further detain the
(the Keeper's) room, where he remained three dam on It:di-pay, he would have heard from the Board of I House, than to move,
and was then conducted before the Judge, who put Admiralty in a different way.— (Hear, hear.)—With ,
oft " 'flat there be laid before the House, a Copy of the Minutes
interrogetives to him, which he refused to answer.— respect to the Marshal exercising the office of Proctor i he Court-manial, held in Carlisle-bay, Barba4oes, Go Lleute-
No accuser appearing, lie was informed by the Judge, in conjunction, he would recommend an inquiry to putt Richards, of his Majesty's ship Dart." '

COLLIERIES FOR SALE.
TRPETH, Kihblesworth, Harraton, and leeefield
COLLIERIES, in the County of Durham, with Waggon
ways both to the Rivera Tyne and Wear, and South Heaton Col-
liery, in the County of Northumberland.
WILL BE SOLD BY AUCTION,

In the Month of August next, by Order of the Assignees of Was.
HAARDION and Co. and Printed Particulars are preparing.
It is sworn by the Bankrupts that the Colliery Works, Wag-
gqn-vrays, and Stock thereon, have cost upwards of £IOO,COO !
I be Collieries may be viewed by leave of Martin Morrison, Esq.
Newcastle 'Fyne, and general information upon the subject may
be received from him; from Mr. Bainbridge, Solicitor, New-
castle Tyne ; or the Assignees of Harrison and Co. at their
Counting-house, No. 19, Fenchurch-street ; or Mr. Walton,
Solicitor, Basinghall-street, or
SEYMOUR and MONTRIOU, Solicitors,
Margaret-street, Careatlisb-square.

PARLIAMEATifRr PROCEEDINGS.

HOUSE OF LQRDS, lULY IL

Counsel were fully beard respecting the Scots Appeal Cause
I.ieutenant-Colonel Alexander M'Donald v. Captain George
Elder, viz. Sir Samuel Rnmilly for the Appellants, Messrs. Grant
and Brougham, M P. for the Respondents, and afterwards the
Learned Knight In reply. The further proceedings upon the case
were, an the motion cf the Lord Chancellor, adjourned till to-
morrow.
The consideration of judgment in the Irish Appeal Cause, fob-
byn e. the Attorney-General, being ordered, the Lord Chan-
cellor. after a very few observations, moved that the Decree of
the Ir. sh Chancery be affirmed, which was ordered accordingly.
In the Writ of Error Cause, Hill v. Meeson, the judgment of
the Court below was affirmed, with 1351. costs.
Mr. Smith, from the Directors of Greenwich Hospital, pre-
sented an Account of Prize Monies paid s:nce the Ist of January,
3 609, and some other Accounts, pursualit to a recent order of
their Lordships. %
The Earl of LAUDERDALE moved for the production of an
Account of the outstanding Notes of the Bank of England within
a certain period, distinguishing such as were above and below the
sum of .51. which was ordered accordingly.
• In the appeal case of the Hon. Charles Fleming sp. George
• Harley Drummond, Esq. the Lord Chancellor intimated that he
would give judgement on to-morrow; and also in the ease of
Stewart Menzies, of Culdares, an infant, by the Hon. Henry
Erskine, and others, appellants; and Elizabeth Mackenzie Beres-
f'lrd (formerly Menzies), the wife of John Claudius Beresford,
Esq. of the City of Dublin.—Adjourned till to-morrow.