pression of combination among the trade. [out of the custody of their serjeant at On the motion of Mr. Vansittart, a new arms." The petition having been read, it writ was ordered for the Borough of Corfe was ordered, on the motion of Mr. Whit Castle, in the room of the right hon. Na- bread, "that the said Alexander Trotter thanael Bond, who has accepted the office be brought to the bar of this house forthof judge advocate general.-Mr. Main-with, in order to be discharged." Mr. waring presented a petition for leave to Trotter was accordingly brought to the bring in a bill for building a bridge over bar, where he received a reprimand from the Thames, opposite to Vauxhall.-The the Speaker, and was ordered to be disreport of the committee of yesterday, on charged out of custody, paying his fees. the situation of lord Collingwood's family, The reprimand was as followeth, riz, was brought up and agreed to, and, on the " Alexander Trotter; a committee of this motion of lord H. Petty, it was ordered" house, charged with the high and importhat it be an instruction to the committee," tant duty of preparing Articles of Imto whom lord Collingwood's annuity bill "peachment against Henry lord viscount was referred, to introduce provisions agree- "Melville, having reported that you, upon ably to those resolutions.-Lord H. Petty" your examination before the committee, brought in the bill for the better regulating" refused to give evidence, this house, in the office of treasurer of the ordnance," its just indignation, ordered you to be which was read a first time, and ordered" taken into custody.-Your example, and to be read a second time to-morrow. Mr." the disgrace and imprisonment inflicted S. Bourne asked if any additional salary upon you, are a warning to all men, that had been granted, or was in contemplation" resistance to the authority of this house to be granted, to the persons holding the" is vain.-But the atonement you have office in question, and other similar offices, "made this day, by an early and full subin consequence of the regulations now in- " mission, having induced the house to troduced? The noble lord answered, that" order that you be now discharged; you no such addition had been made, nor was 66 he aware that any such was in contemplation.

up

66

are discharged accordingly, paying your "fees." On the motion of Mr. Whitbread, it was then ordered, "that what has been said by Mr. Speaker, in reprimanding the said Alex. Trotter, be entered in the journal of this house."

HOUSE OF LORDS.

Friday, March 7.

[MR. TROTTER'S PETITION TO BE DISCHARGED.] Mr. Whitbread stated, that the conduct of Mr. Trotter before the committee appointed to prepare articles of impeachment against lord Melville this morning, justified him in offering to the house a petition, praying that he should be dis- [WITNESSES' LIABILITY BILL.] The charged. The petition was then brought Lord Chancellor quitted the woolsack, and read by the clerk; setting forth, and stated, he had a declaratory bill that the petitioner was committed to the to submit to the consideration of their custody of the serjeant at arms, for not lordships; he adverted to the proceedings answering certain questions put to him by and discussions which had taken place, a committee appointed by the house; and and which had induced the proposal of the the petitioner hopes that such his refusal present bill. These, their lordships would will not be ascribed to any want of defer- recollect, arose principally from a quesence or respect to the house, or to their tion proposed by a noble and learned committee, but to a sense of regard to his friend of his, "Whether, according to law, personal security, which, from his legal a witness were bound to answer questions, advisers, he understood would be endan- the answers to which did not tend to acgered were he to answer such questions; cuse himself, but to establish, or tend to but, since the declaration of the house re-establish, that he owes a debt, recoverable specting such his refusal, the petitioner by a civil suit ?" On this, the opinion of the most respectfully acquaints the house, that Judges was called for, and a great majority he is now most ready to attend the said of them were of opinion, that a witness had committee, for the purpose of examina- no such right to demur. After such a detion, and to auswer such questions, deep-cision, and what had been stated by his ly regretting his error, and begging pardon noble and learned friend (lord Eldon), for the same; and therefore praying, that that in the course of his long experience, the house will order him to be discharged he never heard of such a claim, urged on

the part of a witness; after what his noble to be an additional reason in favour of friend at the head of the court of King's such a bill as his noble friend proposed. Bench, had also stated to the like effect; His lordship then alluded to a clause or and after what he knew himself, who was provision, in effect, as he had stated on a exactly in a similar predicament; he former evening, which he should conceive thought the best mode was, to declare the necessary to propose, on the 2d reading law as stated in those opinions and decla- of the bill. rations. It did not appear in the event, [WITNESSES' INDEMNITY BILL.] Lord that the question proposed by his noble Holland observed, that in the course of the friend, was, in point of fact, liable to any various discussions respecting the subject objection; neither did it appear, that the involved in this bill, several objections had answers of the learned Judges were not been made to the bill which he had hisatisfactory to the house: on this principle, therto forebore to notice, but on which the bill he held in his hand proceeded. he could not avoid troubling their lordHis lordship then adverted to some subor- ships with a few words, before he moved dinate legal considerations, which seemed to discharge the order on it. After giving partly to arise from a contemplation of the a short detail of the progress of the indemparticular circumstance which originallynity bill brought in last session, and of the gave birth to the measure, and which bill now before the house, together with might be thought necessary to be attended the questions referred to the Judges, and to on such an occasion as the present; but their opinions, he contended, that the prehe thought it proper to make the bill as sent bill had been mistated by the noble generally and as purely declaratory as pos- and learned lord (Eldou), on a former ocsible, and without reference to any pro-casion, to be an ex post facto law, neiceeding then before that, or the other house ther was it the object of the bill, to alter of parliament. Their lordships, however, the law as already existing. Those who would have an opportunity of more minute- had framed the bill, had done it with the ly considering the bill, on the 2d reading. best views and the best intentions, and in He had rendered its language and tenour as guarded as possible, and he could not help flattering himself, that, with the assistance he should receive in perfecting the measure, from his noble and learned friend, he should be able to make it so as to meet the approbation of their lordships. After a few further remarks, in which he noticed what had been thrown out, as to affording, in certain circumstances, an ul-rated as a release to certain witnesses, of terior protection to witnesses, and the consideration whether the present moment, were the fittest for such an enacting bill, he presented his declaratory measure, which was intituled, " An act to declare the law with respect to Witnesses being liable to answer." His lordship then moved, "that the bill be read a first time;" which was accordingly done; and afterwards ordered to be printed.

Lord Eldon made a few remarks on the nature of the opinions delivered by the learned Judges; of whom, seven, out of the eleven who delivered their opinions regularly, were, as the noble lord on the woolsack stated; at the same time, it should be recollected, that those who delivered a contrary opinion, did it as a general rule of law, which they admitted liable to many exceptions. This seemed, in the sentiment of the noble and learned lord,

supporting the bill in that house, he had no other object than that complete justice should be done in the case to which it referred. He wished their lordships to keep in mind the precise grounds on which the bill stood; if a witness in any suit in a court of law was interested, he might be rendered a competent witness by means of a release; the present bill would have ope

any debts which might be due from them to the crown. It was here that, according to the law, as stated by a majority of the Judges, and as about to be declared by the bill presented by his noble and learned friend, that a witness could not demur to a question on the ground, that the answer would render him liable to a civil action for a debt, but the bill went away to release the witnesses in the case mentioned, from those debts which could serve them for any ground of demurrer. He should not press the bill upon their lordships' attention now that a declaratory act had been presented, but should only observe, in addition to what he had stated, that the bill was sanctioned by precedents, respecting which he would content himself with referring their lordships to Viner's abridgement, and Mr. Cowper's reports. There was, however, one objection to the bill which he had not

heard stated in that house, but which had fore praying, that leave may be given to great weight in his mind, which was, that bring in a bill for the purposes aforesaid." the advantage sought to be attained by it,Ordered to be referred to the consideraought not to be purchased by giving uption of a committee.-Lord Henry Petty any sums of money which might eventually presented the annual petitions from the turn out to be due to the public from any different Irish charities; which were ordered persons whom it was the object of the bill to lie on the table.-On the motion of Mr. to indemnify. He concluded by moving Whitbread, the order made on the 27th of to discharge the order for summoning Feb. was discharged, and a new order made their lordships for this day, observing, that for a return of the volunteer force of G. he should fix no other day for the 2d Britain, cavalry, infantry, and artillery, reading, not, however, giving it up alto-describing the different state of discipline gether, until something definitive was done of each corps, and specifying the names of respecting the proposed declaratory law. the returning officers-On the motion of Lord Eldon said, he still maintained his Mr. Harrison, it was ordered that an acformer opinion with respect to this bill. count be laid before the house, of all wool As to the analogy stated by the noble lord imported into Great Britain for the last ten in the case of releasing a witness, it did years, distinguishing the kinds and specinot apply to the bill, there being no such fying the countries from whence received. thing known in a court of law as releasing-Lord Castlereagh moved for the abstracts a witness in the event of his making a full of the men raised by the Additional Force and fair disclosure, the release must be un-bill; and lord Henry Petty moved for an conditional, or else it was a nullity.-The account of the penalties incurred under order was then discharged.

HOUSE OF COMMONS.

Friday, March 7.

the said act.-Mr. Hobhouse presented a petition of the several creditors of the late Nabobs of Arcot, and parties to the articles of agreement hereinafter mentioned; set[MINUTES.] The sheriffs of London ting forth, that by certain articles of agreepresented at the bar, a petition from the ment, bearing date the 10th of July 1805, Jord mayor, aldermen, and commons of made between the East-India company of the the city of London, stating, that the ex-one part, and the creditors of the late nabobs isting acts relative to a free market for of Arcot, of the other part, a certain fund is coals in the city of London were defective, provided for the satisfaction of the debts of and praying leave to bring in a bill to the creditors of the said nabobs, and for inamend and render the same more effectual.vestigating the claims, and ascertaining the Referred to a committee.-Mr. Fox pre-amount thereof, by certain commissioners sented a petition from the company of named in the said articles of agreement; Butchers of the city of London, setting and that all the objects of the parties to forth" that an act was passed 43 Geo. III. the said articles of agreement, as therein to extend the provisions of two acts, expressed, cannot be effectuated without passed 39 and 40 and 41 Geo. III. re- the assistance of parliament: and therefore lating to the use of horse hides in ma- praying, that leave may be given to bring king boots and shoes, and preventing the in a bill for effectually carrying the said damaging of raw hides and skins in the articles of agreement into execution, or flaying thereof, and to alter and amend that they may have such relief as the house the same, as to the cities of London and shall think proper." Ordered to be reWestminster, and borough of Southwark ferred to the consideration of a committee. and liberties thereof, and all places within [IMPEACHMENT OF LORD MELVILLE— 15 miles of the Royal Exchange; and that Additional Article.] Mr. Whitbread moved the petitioners and other Butchers residing the order of the day for the house taking within the limits of the said act have sus-into consideration the report from the comtained very considerable loss by the opera-mittee appointed to draw up articles of tion thereof; and that the petitioners con- Impeachment against lord Melville. He ceive the intentions of the said act might then said that he was unwilling to take up be more easily and effectually carried into the time of the house, by entering much execution, if the said act was repealed, and at length into the details of the report, the necessary powers and provisions, so which were already before them; and, infar as relates to the limits therein men-deed, it would be unnecessary to do so, as tioned, comprised in one act: and there- he trusted, that the house, from what had

been submitted to them, would find no not supported by precedent, yet they were difficulty in sanctioning the new article of justified by reason and expedience. Were impeachment which he was empowered by the general answer of the delinquent to the committee to propose. But notwith-preclude every future charge, this would standing the clearness and accuracy of the directly tend to prevent investigation, and report, which had been drawn up by an frustrate the ends of public justice. The hon, and learned friend, now in the house, committee were not chargeable with any (Mr. Giles,) it might not be improper to want of diligence in the performance of say a few words as to its substance, and their duty. During the last session, they the form in which the committee had had sat every day, from the period of their brought it before the house. They had appointment, till the prorogation of parthought that the new information which liament; only two days before which, the it contained was so important, that it could papers, on which this new article was not with propriety be withheld from the founded, came into their possession. The house and from the country. The grounds bon, gent. added, that he did not expect of crimination appeared so new and mate- any opposition would be made to his morial, as to call for the addition of another tion; and concluded with saying, that, article of impeachment. It now appeared whenever lord Melville should have given that not only the sum of 10,000l. had been in his answer to this additional article, the misapplied by lord Melville, as admitted managers were ready to go to trial on the by his own confession, but that he had pos- earliest day that their lordships might think sessed himself, at an early period, of very proper to appoint. He therefore moved, considerable sums, to the gross amount of" that the committee which was appointed about 27,000l. This money had not been to draw up articles of impeachment against applied to the public service, but for his Henry lord visc. Melville, do prepare a own private purposes, and for the accom-new article of impeachment on the matter modation of certain traders with whom he contained in their last report, and report was connected. When he retired from the the same to the house." Ordered.-After office of Treasurer of the Navy, he went out the lapse of a few minutes, a debtor to the public; he remained a debtor during the short period of his retire ment; and he was equally a debtor to the public when he resumed that situation; when he proposed the very bill for preventing the misapplication of the public money, he was a debtor to the public, and he continued afterwards to violate the very law which he himself had procured. Such were the facts which the report had disclo-" viz, sed. They night, indeed, have been "ARTICLE X.-That Henry lord visc, brought forward by the committee, to sub-" Melville, after his maj. had by letters stantiate the first article of impeachment;" patent bearing date the 19th of Aug. 1782, but they considered that, by being mixed given and granted unto him the office of with other matter, they were in danger of" treasurer of his maj.'s navy, did, on divers being confounded or overlooked, and that, days and times between that day and the by being used in support of a new article, " 5th of Jan. 1784, and also on divers days the evidence would be more direct and sa- "and times between the said 5th of Jan, tisfactory. Besides, it might seem unfair to 1784, and the 1st of Jan. 1786, take the person accused, were charges not under" and receive, from and out of the monies the consideration of the house, at the time" from time to time issued or paid to him, when the articles were first proposed, addu-" as treasurer or as ex-treasurer of his ced in support of any of those articles. A right" maj.'s navy, from his maj,'s exchequer, or hon. gent. (the Speaker) who was intimately some other sources, for naval services, versant in the forms and usages of that" divers large sums of money, amounting house, had, indeed, informed him, that" together to a large sum, to wit 27,000l. there was no precedent for bringing fresh" articles of impeachment, after an answer had been delivered in by the person accused. But though the committee were

Mr. Whitbread brought up a report, which was as follows:

"The committee appointed to draw up "articles of impeachment against Henry "lord visc. Melville, and who were ordered "to prepare a further Article, have, pursu"ant to the order of the house, prepared a further article against the said lord "viscount Melville; which is as followeth ;

or thereabouts; and did fraudulently and illegally convert and apply the same to his own use, or to some other corrupt and illegal purposes, and to other pur

c

poses than those of the public naval ser- Mr. Windham replied, that the rapidity "vices of this kingdom, to which alone and decision advised by the hon. general "the same was lawfully applicable; and might be proper in the field, but not in the "did continue the said fraudulent and ille- cabinet. All delay must be viewed as re"gal conversion and application of divers lative to the object to be accomplished. "of the said sums of money, after the pas- Considerable alterations in various and sing of the act of parliament for the bet-complicated departments of the public ser"ter regulating the office of treasurer of his vice, required deliberation proportioned to "maj.'s navy." their magnitude and importance. He obMr. Whitbread then moved, that this ar-jected to gentlemen calling for plans from ́ticle be taken into further consideration on Monday.

him, as the frequenters of the theatre called for an entertainment. He did not feel disposed to indulge them, and their impatience should never provoke him to lay any thing before the house that seemed to himself immature.

Mr. Perceval felt himself unable, at the moment, to make up his mind as to the strict legality of this measure. He gave the committee the greatest credit for their exertions, but it had occurred to him, and he Mr. Canning contended that justice had thought it might be useful to suggest to not been done to the Defence act. Early the committee, that even' were the house in the session a notice had been given of a to vote this additional article of impeach-motion for its repeal; and a measure which ment, certainly contrary to precedent, and could only be carried into effect by great probably objectionable in some other re-exertions, was paralysed by this threatened spects, it might meet with considerable repeal. obstruction and opposition in another place. The Secretay at War repeated the obserMr. Whitbread allowed, that the lords vation which he made on presenting the might possibly object to this article, as not army estimates, and concluded with moving having received it before the defendant had the following resolutions, which were agreed put in his reply to the former articles. But to: 1. "That the number of 134,473 efundoubtedly, if the lords should be of opi- fective men be granted for the service of nion that a fresh article of impeachment his majesty, from the 25th of March to the could not be exhibited, and should refuse 24th of May inclusive: 2. That 795,4601. to receive it, it certainly was competent to be granted to his majesty, for guards and the house, on the discovery of fresh crimes, garrisons for that period: 3. That 336,6931. to prefer an altogether fresh impeachment. be granted to his majesty for foreign garNot only the reason of the thing, but mo-risons for the same period."-The house tives of convenience to both houses, would, having been resumed, the report was orderhe trusted, induce their lordships to adopted to be received on Monday.

a different determination.-The motion

was agreed to.

HOUSE OF LORDS.

Monday, March 10.

[ARMY ESTINATES.] On the motion of the Secretary at War, the house resolved itself [MINUTES.] Mr. Whitbread, accompainto a committee on the Army Estimates. nied by several members of the commons, General Tarleton said, he understood, presented at the bar, in the name of the that the estimates now on the table were commons of the united kingdom, the furmerely a continuation of those laid before ther article of impeachment against lord the house by the former ministers. He Melville. The article was read at the thought it extraordinary that the new mi- table; after which lord Auckland moved nisters had not yet brought forward their that it be referred to the committee apown plans for the defence of the country, pointed to search for precedents of the particularly as the declarations of a right proceedings of that house on cases of Imhon, gent, (Mr. Windham), on the Defence peachment.-Ordered. Act, and the volunteer system, must ope- [INSOLVENT DEBTORS.] Lord Holland, rate unfavourably on each of them, and thus on presenting a petition from certain debttend to diminish our effective force, while no- ors confined in the King's Bench, praying thing else was substituted in their place. Af-relief, addressed a few observations to the ter all the activity which that right hon. gent. house, on the subject of Insolvent Debtors, had displayed in his speeches, and all the and the practice of imprisoning such debtplans which he had given grounds to ex- ors. He observed, that the general subpect, nothing had yet been produced. ject, to which the petition he had the ho

ex-ors.