The Statesman.
London, England, 1810-03-10 00:00:00

THE STATESMAN.

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r A Writ was ordered to he issued for the Election of a
new Member to serve in the present Parlianieot for the Bo-
rough of Ilythe, in the room of Thomas Godfrey, Isq. de-
ceased.
The Newcastle Coal Bill was brought up and read a first
time, and ordered to he read a second Hine on Mmiday.
The second reading of Sir Samuel aninilly's 1341 foramend-
ing the Laws resperting Privately Stealing, 'Stenling in a,
lraelling.house, and on navigable Rivers, vies postponed till
Thur.dav se:gni:ht.
The Shadwell Improvemeot Bill was broug!it up by Mr.
Mellish, and read a first and second time.
Leave was given to bring in a Bill for the better supplying
the Tirana Yarmouth with Water.
Mr. JOHNSTONE, from the Etitidtio Dock Company,
Emoted to the lipase the Aomial Accounts of Reeetpts and
Pishorseatents of that Campany.
• • Mr. SPEAK ER acquainted the House that the Clerk had
orepared.the usual Eat India Judicature Lists.
Mr. LCSJINGTON brought upthr Naval Stores impor.
Winn Bill—Real a tirst time, and ordered to be read a se-
cond time en Monday.
Mr. BATHURST snored that there he laid before the
ROW. Copies of Letters from Sir Lucas Pro's to the Seers-
. tary of War, relative to the Diseases of sloe Troops in the
Island of Walchtren, together with any Reports made en
the samesubject by that Geotletiotn.
The Salt Importation Bill, the tzugar Bounty Rill. the
iitram-hotssa Frauds Prevention Bill, and the ,Greenland
Wbek fishery Bounty Bill, were brinight up by Mr. Lush-
Ingle' read a first time, and ordered to be reed a second time.
on Monday.
Me. ROSE moved the Order of the Day fur the House re-
s.-dying into :s Committee, to consider oO the Corn Provision
Act. The House resolved accordingly ; and it was resolved
that appllcntion be made to the whole Howe fur leave to
bring in a Bill to renew the said Act. The House re-
rinsed, and the Report was ordered to be received on Mon-
eal:he third reading of the Mutiny Bill was deferred to
IWonday.
Mr. BROUGHAM gave notice,that he should on Monday
move for certain Papers to show the steps taken by his Ma-
jesty's Governotent, iu their interference with Foreign Pow-
er-. for carrying into effect the measures pas-ed by both
Houses of Parliament, respectin4 the African Slave Trade,
is the year 1806.
COURT OF ADMIRALTY.
' Lord COCHRANE moved fur certain addi-
tional papers relative to prize causes, on the ground
of those already furnished not being sufficient to I
elucidate the many gross abuses which his Lord-
ship pledv•i himself to prove existed ht the Courts
of Admire—y. ills Lordship stated, that when
those papers were produced, he would call the
attention of the Iluuseto the state of the Courts
of Admiralty abroad ; and that he should also
wove for a Committee to inquire into the abuses
to which he alluded.
Mr. ROSE had no objection to those papers be-
ing furnished to the li,ittse.
Sir JOHN NICHOLS deprecated the conduct
of the Noble Lords in bringing forward serious
accusations, and making* pointed allusious to a
Court, the affairs of which were of the highest
revectirhility, character, and honour, without at
first bring able incoetroverlibly to prove the
jetslite of Wei ofiserwioris. exissossed a hope,
that the House would refrain from drawing any
conclusions till they had proof before them of the
• correctness of the Noble Lord's statement. 'rite
case to which the Noble Lord adverted on a
former night had boot clearly and satisfactorily
accounted fors by the production of papers, fur
which he (Sir John Nichols) had moved. Under
these circumstances, he trusted the House would
slot grant the papers now moved for.
Sir CHARLES POLE supported the motion of
Lord Cuchraue, and complained of the exorbitant
charges of the King's Proctors.
Ms. ROSE said, that as far as he had an op.
portiiiiii.y of investigatiog the accounts of the
King's Proctors in the Court of Admiralty, he
found the greatest fairness and moderation had
prevailed in their charges. The Right Ron. Gen.
Cesium also contended, that the characters of the
officers of the Admiralty Court stood extremely
high im the estimation of every individual who was
acquainted with them ; and pledged himself to
the Noble Lord and the House, to bring all the
queationable points before the Court of Admi.
rally, and that he would either undertake to
prove the charges exhibited by the Noble Lord
unfounded, or do the most ample justice to the
Navy.
Lord COCHRANE persisted in the observa-
tions he bad made) and adduced several rheum.

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stances in support of his arguments. Ilia boith
ship also entered into a detail of many abuses
which he said had occurred within his own know.
ledge in the Court of Admiralty; and said, unless
all the papers were produced, it would be an ex
pane matter, and therefore submitted the pro.
priety of producing the documents for Vila, he
hail moved.
Sir W. SCOTT, with great feeling and anima-
, tion, defended himself from the imputations which'
hail been cast upon him by the Noble Lord and
his Colleague. The Noble Lord had most un-
fairly and unjustly, at the close of the last Session
of Parliament, given notice of a motiiet fur the
present Session, in which notice was involved a
serious accusation against the Court of Admiralty;
an accusation which, of course, could not be de-
termined upon for several months, during which
I period he was exposed to all the unmerited odium
which such an unjustifiable mode of procedure
was calculated to produce. The Noble Lord had
now repeated his charge in a strain of unmanly
and utiniatinerly invective. He trusted the House
would allow something to personal feeling, when
they cuusidered the manner in which lie had been'
treated. if the Noble Lord had established the
facts which he had asserted, not one of them
would have borne on the conduct of the Court of
Admiralty. They might have afforded perfect
grounds of proceeding against the persons charged
with arcir committals, but not a partirle of accu-
sation against the Court of Admiralty ; although
the Noble Lord's colleague had chosen to say (on
what public or private grounds he knew nut), that
he (Sir Wm. Scott),ought not to be believed ou
this subject ; or, in. other words, that he was
made up of falsehood and dishonour. The matters
described by the Noble Lord were under the im-
mediate soperintendauce of the Advocate-General
or the King's-Proctor. These Officers were ge.
'sera' officers of the Crown in the Civil Law, as
the Attorney and Solicitor General were general
officers of the Crown in Common Law. They were
nut officers of the Court of Admiralty. Let
the Noble Lord prove that a complaint had
been made to the Court of Admiralty. and that
justice hail*not been done, and that %soul,' be a
fair ground for bringing forward an accusation
against the Court itself. Seine of the facts stated
by the• Nobie Lord were, he had no doubt, mat-
, ters of honourable prudence; batmen were they
iu the highest degree flagitious, the Court of Ad-
I miralty hail nothing to du with them. Suppose
the Atturney.Getteral were to make an improvi-
dent bargain for his Clients, would the Court of
King's Bench be answerable for it ? If the. Otfi-
cers of the Court of Admiralty behaved in a col.
liable manner, the Judge ought to be applied tu,
4' acidly added the flight lion. Gentleman, " I
fail to do my duty, ' if trembling I inhibit,'
thee let the Noble Lord hurl at my head the
; accusations which I should in that case do.
setae." As to what has been ignorantly anti stu-
pidly called the monopoly of -the King's Proctor,
that had been .fornieil by an Act of Paths-
' neat, and therefore ,was uo accusation of the
•
Court of Admiralty. To the pruduction• of the
papers he had no objection, confident as he
was of the result ; but he put it to the prudence,.
if not of .thil Noble Lim', at least of the House,
to recollect that ft was essential to the due ad-
ministration of justice in the higher Courts of the
country, that those Courts should be treated with.
'decent respect: If they were day after day as.
sailed with vague and indeterminate reproaches and
Abuse, it was impossible that they could maintain
their utility. The House well knew that it was
the prevjnee of the High Court of Admiralty to
enforce the maritime rights of the country—a task
of delicate and difficult execution. For five years
had.he been attacked by the Noble Lord's Col-
league without fairness and without justice. Old
der such circumstances, could it be expected that
other countries would submit without reluctance',
and much less with satisfaction to the judgments
of a Ceurt-su traduced ? The profession in which
the Noble Lord was engaged was a very honour-
able one. Ile (Sir W. Scott) had the heartfelt
satisfaction, that in his humblesphere he had con.
tribute(' all in his power to the welfare of that pro..,
fession. The Honourable Officers of that profes.
Sion were, he knew, above the contagion of those
suspicious which tainted the mind of the Noble
Lord ; but if the lower classes of that profession
were once possessed with the idea that a Conspi.
racy was formed against their interests, the cense.
(peeves might be in the highest degree injurious.,
When the papers moved for should be produced,
he pledged himself to prove to the House that there
was nut the slightest ground for impeaching the
integrity of the Court of Admiralty ; and hearust.
ed, that the House would not by a reference of
the subject to a Committee throw on the Court of
Admiralty the stigma of having their proceedings
farther-investigated.
Luril COCHRANE explained.
Mr. iv. smiTii had tuit the slightest dmr
with respect to the honour and integrity of lye
Right honourable Gentleman. Ile believed that
there had not been for many years an individual at
the head of the High Court of Adinirelty, who
hail girea such general satisfaction both in this
country abruail. At. the same time he did con.;
ceive that there might be points in the practice of
th Court not wholly free from imputation, al.
though he had no doubt that that practice was its
strict Miami:ince to former usage. For instance
he understood, that, if during a war with any
particular Power, a vessel should be scut into
this country for adjudication, and that vessel
should turn out and be adjudged to be the proper.
ty of friendly Poorer; yet the captors hail a right
to appeal, and if, during the appeal, thia country
should go to war with such Power, then such res.
lel would be deemed lawful prize. Nothing (*wild
be more contrary to every principle of justice, or
approximate more nearly public robbery and pi-
racy than such a proceeding, and it was no wen.
der if neutrals were dissatisfied with it. if it
were said that this was the practice of other coun-
tries, he would not pretend to deny it ; but he
would answer, that this country ought to set a
better example, and nut adhere to such en abomi-
nable principle, which became a nest of .pirates
miter Wis.& civilized nation,

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The. CHANCELLOR of the EXCHEQUER
observed, that the statement of the lion. Gent.
was wholly irrelevant to the question before the•
House. 'rho reflection which it contained, was a'
reflection not on the English Court of
.Admiraltx,
but on the general law of nations. We iIeGIV
with the merchants of other states as other States
`dealt with our merchants ; and if any relasatints
in the severity of this general law was expedient,
at least, this was not the time to attempt it. As
to the subject before the House, he expressed hit
opinion, that the House had been surprized into
allowing • the production of any of the papers
moved for by the Noble Lord. Whatever might
be the abuses cemplaimed of by the Noble Lord,
he had no right to apply to Parliament for redress,
unless he could accompany his statement by a de.
duration, that the proper Court under whosejw- ,
risdiction those abuses had been committed,
had refused to redress them. It was not for ,the'
House of Commons to tax Attornics' or Prtietors'
bills before this Courts Med been applied tn. If
the house were to bet sea employed, they would
not only assume thqslaartagemht of the executive
Government (on which they had already shewn a
disposition a little to encroach), but they would
also have to undertake the complicated Adminis-
tration of all the Courts of Justice in the distill-
try. Adverting to sonic statements of the Noble
Lord with respect to the comparative cominercieof
Fraoce and England, he referred to the report
made by the French; Financial Minister, on the
15th of Jan. last, by which it was proved that the
receipt of customs in France in the year 1809
was twelve millions of francs less than even the
reduced receipt of 1808 ; or in oilier words, that
in 1809 amounted only to two-thirds of .the sum
to which it was reduced in 1808. The reduction
of the Customs in France in two.years was most
extraordinary. Li 1806 they amounted to sixty
millions of francs, or' about two millions and a
half 'sterling ; in !SOS they were reduced no less
that; four-1 ths of thatprodoce, namely, to abuirt.
four hundred °lowland pounds sterling.
Mr. WILBERFORCE felt concerned that his
1 Right. Hon. Friend opposite had vindicated the
line of conduct pursued with respect to neutrals.
I If such a usage were common among nations, he
could wish this cunntry to be an honourable ex-
ception to a principle so unjust. As we were the
first of all maritime Powers, it became us tottse our
power with moderation. We ought to admini-
ster justice even to an enemy, and disdain to take
a mean advantage.
Au lion. Mennen, whose name we could not
learn, said he' had never heard any complaints
against an Hon. Member below him (Sir W.
!Icon). The usage that had been so mach con.
deinned, he defended us being nereisary, while a
I similar line of conduct was.purstted by i.sr.ince,.
1 Mr. M. MONTAGU coutended the Admiral.
ty nere not responsible fur that which hail been
impisted to them as a crime. There wet ime
.Cir-
cumstance which, though it' had already been
alluded to, had net been placed in a,proper light.
A great falling off in 1'..,e customs •of Frlitictr• hail
been preyed. It had been shown by the. Chaneld-
tor. of the Eichetiner, that they had fallen from,
2,400,0001. to 400,0001. Thusit should seem the
French customs had decreased by. two Milliatis:
lie wished it to be observed, that while the .ens.
toms of France had thus fallen of, those of Eng.
,land had incieased by two millions.'
Sir J. NEWPORT thought the line of conduct
pursued by other nations, could .furnish nn argu.
.meat in favour of our doing that which was not
jest. It was extromely unfair to bring in vessels
(as he knew -.vessels had been brought in) under
**else pretences, and detain them in the hope of e
war breaking out by persons interested in their
condemnation. ..
The ATTORNEY.GE.NERAL said, it was
consistent with the Law of Nations to take every
advantage of an enemy, and consequently, by that
law, property of the nature alluded to was for-
feited. •How that property was afterwards dis.
posed of, depended not upon the calitors to whom
it was erroneously supposed to be condemned, but
'upon the Crown. Whatever relations or conven-
tions existed between the Sovereigns of different
nations, they were carried into effect, without the
contralti of the captors. The vessels were con-
demned to the Sovereign, and whether or not. his
conventions, &c. were just, the Judge of a Court
of Admiralty had only to pronounce judgment on
the cases that came before him, as his lion. Friend
had ,done. If he had acted otherwise than .he had
dune, his conduct would not only have been un.
worthy of support, but it would have tucrited the
severest reprobation.

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The-question, whether or not the papers should
be granted, was then put and varied.
Sir J. NEWPORT moved for an account of the
Expenditsre of all Sums of, !dopey granted by
Parliaustint for the Depot, Powder Atagazines, &c.
at BalliAtilly.---crranted. .
'L'hu Ordnance.Etitiosttps were ordered to be to.
1 ferred to the Committee of Supply.
DEFENCE OF PORTUGAL. ,
The House then resolved itself Into a Committee
of Supply.

The CHANCELLOR of the' EXCHEQU.EIt,
in submitting to 'the House a proposition for
gratititig to his Majesty a sum not exceeding
980,0001. for the defence of Portugal, should I
have thought that vote so consistent with the feel.
kw professed by the House on former.occasiont
(had it out been for the observations thrown out
on his notice), he should not have expected any
opposition to the motion. If they retained that
, feeling, so universally expressed *hen the strug.
gle in the • Peninsula fur independence 'coin-
menced ; if they retained those sentiments of
abhorrence for the injustice of France, those
of admiration fur the glorious exertions which
once excited admiration throughout surrounding
nations, he thought that House could not re-
fuse their assent to the motion: It might be
said that it was 'in .contemplation to tend the
aid not to Spain but to Purtoal. It was impos-
sible to separate the interest.; of the two coml.
trie. ; and it.conid not but be seen, that arttotever
was dome fOi Portugal would make in favour of
the Spanish cause. I( the. French should
coed in establishing a tranquil dominion over Spain,