The enquirer. [volume] (Richmond, Va.) 1804-1815, 1805-07-23
Gurarea:l saise!iirsnfe.
LORD MELV1LLE,s CASE

Iutions referred TO contained no exc ref,ion oe IN
OPINION that the name of lord Me,vil,e's {houId
| Ne eraied from the lin Of his maieftv's counc;l.
NOT nd the hon. gentleman who fDoke ian h,,t
one t.ir. Fox express any win to that efe4
~" INC contrary, the hon. gentleman was heard
os.orv III his own difnifal, and that of another
perton from the liz ofhis rpaiei9v' council -
to a ate his hope that that would NOT INV
OF the public be coniidered ai6rsre W.
moi rms therPretty clearly 70 expre!s an opinon
,,a. II was not hls deiire 70 produce that'et;sa
"nch nao been communicated TO the bouc.
Win regard to lord Metvi.te, whom /, v,,, e
mach TIC fti,y uf the hon. ger IL;
grade & The Louie, however, witrrfsr, thr bor
gsnileman's condua, and it was for them 70
Judge whether il fprung at al from, love Of
pnhbc equity, or was influenced by any frp,in,
or humanity. IT had been fil.e,i that tie noble.
ioro was guilty OF pubiic Piurder, and therefore
ihcatshie OF teote feelings which would en,itle
man 10 compa'iion. But lie mott porT,iye,v
denied that any fn,h gi'ilt could be a;.riL.d r.
h,n1. That he had connived at the mifcondu,q
on rotter, he WAS re Idly to adult, bu, thar he
FAD participated in ANY uf tie emolunerts re-
lu''inS from thai mhcondu6i ,e ever ibould 90
si;iS'itt. 4s6f6iag rad 0boeoyeni bet3r. The bo.c
10 jstfify The charge ofla,a MeltiDe', s,qly,
j"IneG IN bnbHe roJGfrr, ard IF qentLr,,.y houJt
dGeit iiaeb f5iAe, be zvos t,ebHred ., ,,e.t b;,
Nlth reipett 10 the hon. gentle mans prote lied
Genre 10 Puniin and prevent ipcculation, AID Tx,
improper hie OF the public money. the hour-
and the country mufi recolleet eno,.,, 70 H.. g.
ah'e,i toiudee of tn firceritv Of his ,rof.t,;,o
For need It hs toll, that from the vear 1-es. %
'he year 1882, lord Holland derived. .o his own
private proht, an intereft OF l5,oool. DER ann
IRON thoie of the public money, as olymaner.
OF tie army, and that not one f,rth;n,r nf th;,
money had ever hnce been paid tn s,g c,. az
order, order! but HiN the rigbt Ian. gratLn,gn
'1oeeeAsa. Was not the hon. gentlena an = var.
When he was indu!ging himGeif in what hetero,,
I'd fpecuiat'nns hut what was commonly called
gambling, that he was fquandcrnc the proncr,v
OF the pubic! Did he not know that the pecu-
Iationa OF lord Holland furni;Iied him with The
means of deSrayi1g the cXtravagancies OF early
life? Here TIRE 7uerr franc marks of dir, sa,o.
Dation on tie ot6er fde IF fbe b1njc. Tie r,eht
hon. gentleman concluded with oifcryinp that
he might be thought fevete, bat If the hon. pea-
t'en'an felt what he ftid, h. hid hmlrIf 10 tbaxk
Ivy provoking it.
| Mr.. Fox fpoke to the following eff; 6t.-uAe
the right hon. gentleman has thought proner IN
| make fuch pointed al,uiion TO the condua of NV
father, hope for the indulgence Of the houfe
while iubmit few obfervations For aIthourh
a comfortable time has elapfed fnce the death
OF the perfon to whom the right hon. gentleman
alludes, cannot but feel high intereft in any
thing that concerns his reputation. Wh,, tbe
| right hon. gentleman could mean by ca Ijnc him
TO my recollection at this nftance, unlefs 70 GRE
are an uncahnefs in my breait, amat lof3 tn
imagine. For how does the cafe of INV f.,,pr
apply to that of lord Mlville The cafs cflrd
| Edeiville is as clear rs light. There was M
law 10 forbid the paymaiter of the armv 70 an
ply the balance remaining in his hands 70 arv
purPoie OF private emplument," in the way
defcribed at the time lord Holland held fha, Of
iice. Taking the fad as it Rand,, if AZ The r;rht
hon. gentleman alleges, it was criminal in NIB.
nc oihcer to make ufe OF public money for his
own private profits when there was no aet of
parliament againf II, t5yliori, it Nas ttIl more
criminal after the act had pafrsd Ia rry out n
| bcae ! benr!j The d'Frence Between the rsf;.
OF lord Holland and lord Melville is this. tta, t|,e
conduct of the former was not yainff law Will
that ct the other was in the very teeth Of 4 law
propoird Ivy himfef. What then docs the hon.
gentleman gain b. the -efsrcnc, That the
pr1cuce winch obtained nihe Office of the paw.
matter OF the army was generally RIGHT I am not
now going to argue. But dr. remc,n.er and
It nnR he in the recollection of he horfe that
at the time the practice was under difcunicu
very different opiuonS prevailed among the MOI
eminent lawyers in the country upon this oueC.
hon, whether the paytnsners were accoupt ,LIe
=" ''N P''iiN i''i iiItCIClt dTItP ont of the
| BALANCES remaining in their hands. know .ba,
tie negative of this proportion was pain,aired
! by many perlOns ofhigh confederation. hut r,of
| certainly the weight of eminence and an horitv
was on the other lije. For it was held that thr
balances were not the property Of the pu,,,i.
but that of the pnblic creditors. This cIsa;on
was repeatedly difcuTed in this hopfe, under W..
ri1uS adminl1ratio 3. ] will not mention that
| of the Marquis Of Rockingham, bpcaufe thai,
mlnitry might be fupp0fed to have fi,roe reo,,d
tor ne but it was very fully canvaiied du,in,
the adnniitratioG of lord North, when indsc6
no iuch fnppofiticn Of favor could exiA. AM
what was the relult why that committee an.
pointed to conlder the cafe, reported tba, tie
practce referred 10 was regarded as a privuey-
belonging TO the Office OF paymater of III. arnv.
ana that It had universally prevailed with thofs
VINO held that Office, with the exception of Tho
i2ther OF the gentleman over againn me- Cord
Chatham) and perhaps another. IF il were
deemed criminal practice, no doubt G,,re r,ea-
iure OF Profccuiion would have bren ;nGitnfed
But the feeling was different. Nav, the honfc
! 10 f,t 1t, and evinced it's fentiment afterva,,is
by granting an increafe of the Ealary attached to
The Office, IN litu Of fuch privilege. That fen.
'Inent was decidedly exprened in the reiDIutiou
or the committee, OH which the fiiary of lord
| Melville, as Treaflrcr ofthe navy, was auquen-
ted IN order to compsnfite for the lois of the :
monuments fefliltiag from the afe Of the public
/ In 2 J. u Aes. H.. a Z