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country, to see the opinions of persons (if their opinions confidentially communica conversant with military affairs laid ted to their commander in chief, were afterbefore the house. He had thought much wards found to be called for by the house. on the subject, and yet he was con- He did not know whether it was contrary to vinced he should derive much information the practice of that house to resort to mifrom their communications. The practice litary authorities for information, but he of enlisting for a term of years had indeed wished to know what had been the usage been partially introduced into the army, in former cases. Such a principle would but it had produced so little effect, as not place that house in a situation, different to give much encouragement for its general from that of the lords, who had 12 judges application. Besides, though the practice to consult; for it would give them 150 was not new, yet there was a great dif-generals to refer to for information. He ference between that partial enlisting for time that had already been tried, and a general enlisting for the whole army on the same principle.

Mr. W. Dundas was sorry to differ on this occasion from those gentlemen with whom he usually acted; but he could not consider the opinions that had been moved for, as proper for the public inspection. They had not been written for the purpose, or with the design of being communicated to the public. They were of a private and confidential nature; and besides that the publication of them might wound the feelings of individuals, the public service might suffer detriment from such a measure. Much might transpire, that might be calculated to do public mischief. But though he deprecated their being laid before the house in their present form, they might yet perhaps be revised by those who had originally given them in, and in that state, with their consent, submitted to parliament. Mr. Yorke said, he had no objection, with the permission of the house, to withdraw his motion, provided his majesty's ministers would give the house to understand, that they would take the opinion of high military authorities, for the purpose of laying them before the house,

Mr Secretary For stated, that this was quite another question from the one that had been before under discussion, and required time to consider how far it might be proper to assent to it. There was not a single instance that he was aware of, in which parliament had resorted to military authorities, except with a view to retrospective measures. If they were once to sanction the principle of calling for communications from officers to their commander in chief, it would cause a greater revolution in the army than the measure proposed by his right hon. friend. Much had been said of altering the condition of the soldier; but this would alter, in a very extraordinary way, the character of officers,

should vote against the motion, and if it should be brought forward in any other shape, he should then be ready to state his opinion with respect to it.

Mr. Yorke contended, that when the subject of fortification, as planned by the duke of Richmond, was before the house, general officers had been consulted, and their opinions laid before the house.

Mr. For replied, that there was a distinction between an opinion given by a board of officers, and that which was communicated individually. The case referred to had been of the former description, and, therefore, was no precedent for the measure now proposed.

Colonel Craufurd contended, that the question respecting the fortifications ofthe country was a purely military one; whereas the question respecting the means of recruiting the army was not so. He thought it rather singular, that the measure of his right hon. friend should be represented as likely to cause a revolution in the state of the army, when the principle upon which it was founded, was that upon which the defence of the country rested. The first act of the administration, of which the hon. gent, who brought forward this motion was a member, was to call out the militia, to the number of 90,000; the next was for raising a force of 50,000 men for the army of reserve. These forces were raised for a limited term, and to them the country was to look for its defence. And yet they were now told that the application of the same principle to the mode of raising the regular force, inferior in number, would cause a revolution in the army.

Mr. Perceval contended that the measures of the late administration had been eminently successful in supporting and increasing the military force of the country, and that there was no necessity for having recourse to new and untried experiments on a subject of so much importance. The new measure was of such a nature as called

[REPEALOFADDITIONAL FORCE BILL.] Mr. Secretary Windham, brought up the bill for the repeal of the additional force bill of the 44th of his majesty. On the question that it be read a first time,

for the opinions of practical and experienced | hand? Or was it convenient to do so? No men; but the right hon. secretary seemed parliamentary ground had been laid for the so fond of theory, that he wished to ex-motion, and he should therefore oppose it. clude practice altogether. It was rather-The question was then put on the motion, extraordinary, that his right hou. friend, and negatived without a division. now no more, (Mr. Pitt) had seen reason to alter that inclination which he had felt for the principle of limited service, from the very same cause that had confirmed the right hon. secretary in his original opinion. They had both had recourse to the General Tarleton begged to call the atopinions of military men, and had come tention of the house to the papers that had to very different conclusions from those been printed since the right hon. gent. had opinions. This should induce the house opened his sketch of the measures he had to call for the sentiments of experienced proposed to bring forward. These papers men. If such opinions were withheld from would shew that the bill, now proposed to the house, the natural conclusion would be repealed, afforded the best means of obbe, that they were upon the whole unfa-taining a supply for the army, as it was now vourable to the measure.

Lord Temple contended that the case of resorting to the authority of military men, when the duke of Richmond was at the head of the ordnance department in 1786, was not at all similar to the present. The noble lord read an extract from the journals, to shew that the information in that case laid before the house, was only an extract from a report made by a board of officers, appointed by his majesty, who were responsible for their opinions. It was unconstitutional to refer to opinions such as those communicated in the manner by which those that were the object of the present motion were given in, and as there was no precedent for examining officers at the bar of the house, on such subjects, he should object to that course of proceeding also.

Mr. Rose thought, that the subject on which a communication had been made to the house, when the duke of Richmond had been at the head of the ordnance department, respecting the best mode of fortifying the dock-yards, was a more delicate question than the present, and argued that the papers ought to be granted.

in full force, and all the difficulties which it had encountered were got over. He hoped the house would interpose its authority to prevent the country from being depri ved of its effects. He called on gentlemen to examine these papers, in order to prepare themselves for the debate on the 2d reading of the bill.

Mr. Hawthorne concurred with the hon. general in hoping that gentlemen would come prepared to judge of the bill, after having read the papers on the table, which he was convinced would satisfy them that the bill had completely failed."

Mr. Perceval recommended to the house, in his turn, an examination of these papers, because he was sure the result would be the reverse of what had been stated by the hon. member who preceded him. The right hon. gent. (Mr. Pitt) who had brought forward the measure, had stated last session, that on the average of the 3 weeks preceding the 6th of March, that year, it had produced nearly 200 per week, and on the average of the 3 months preceding, it would produce 9 or 10,000 in the year. And in the 50 weeks ending the 14th of last Mr. Calcraft contended, that there could March, it had produced above 9000 men. have been no breach of delicacy, in laying In the last 15 weeks it had produced an before the house the report of officers ap- average of 258 per week, which would give pointed to draw up their opinions upon a 13,200 in the year; in the last 10 weeks public opinion referred to them for consi- an average of 277, or 14,600 in the year; deration. The opinions under discussion and in the last five weeks, an average of stood upon different grounds, having been 356 per week, being at the rate of above confidently communicated to the comman- 18,000 in the year; and this under all the der in chief, at his desire, to assist his own discouragements which interfered with its judgment. It had been said, that their operation. They would also find by the opinions might be referred back to those papers, that the bill had not been effectual who gave them, in order to their being in the first instance, because it had not produced in a more perfect form. But been understood. When it had been exwere they all in existence? Were they at plained by the inspecting field officers, the

result had been to give renewed activity to the bill.

Lord Temple thought the house obliged to the learned gent. for the course of reading he recommended; but was of opinion that they should adopt a more enlarged system of education. He begged the house would consider not so much the number of men raised, as the means by which they were raised, and the manner in which the bill had been received in the country.

sense of the house to determine how far the right hon. gent. was qualified, by the solidity of his understanding, to judge whether the measures of his right hon. friend were mere visions, projects, and fancies. If his right hon. friend had simply proposed the repeal of the bill, without proposing any project for the improvement of the military system, he should himself have thought the measure a beneficial one, and he should be ready to discuss the question on that ground. He was satisfied that more men Colonel Craufurd observed, that the would have been obtained, if this bill had hon. gent. opposite seemed to assume that never been in existence, and that not a the whole of the men had been raised by single man had been raised in consequence the provisions of the bill. He, on the of it, that would not have been procured contrary, was persuaded that not a man by other means.-The bill was ordered to had been obtained but by means extra-be read a second time on Tuesday next. neous to the bill, every one of whom would have been produced if no such bill had been in existence: 16 guineas bounty were given for the regular army; 12 were given for this force, and 10 afterwards on entering the line, so that by this means the individual obtained a bounty of 22 guineas. The bill was then read a first time; and on the question that it be read a second .time,

HOUSE OF LORDS.

Friday, April 18. [IMPEACHMENT OF LORD MELVILLE.] Mr. Giles, and several other members of the commons, brought up a message, containing a list of witnesses to be produced in the trial of lord Melville, and requesting that their lordships would take measures to summon such witnesses to atMr. Canning gave notice, that on the tend on the 29th inst., and to bring with day on which this bill should be fixed for them such books, papers, and documents, a 2d reading, he should move to defer that as were marked against their respective stage of the bill, till such time as the house names.-On the motion of lord Walsingham, should have an opportunity of judging of a message was ordered to be sent to the the measures to be brought forward by the commons, containing a compliance with the right hon. gent. This bill was for the above request.-Lord Walsingham also repeal of a measure, that afforded a re-moved, that Mr. Wyatt should attend the source to a certain extent to provide even for the army. He did not mean to discuss the merits of that measure, but was sure the house would do right not to get rid of it until they should know what was to be substituted for it. The course he should take would be not to get rid of the present bill, but to suspend its progress till they should be able to judge of the value of the measures to be brought forward. right hon. gent. appeared to have proceeded in an inverted order, by proposing to repeal a measure that afforded a resource [MINUTES.] New writs were ordered to a certain extent, before he was prepa- to be issued for the county of Wicklow, in red to bring forward a substitute. He the room of the right hon. George Ponshould not propose to defer the second sonby, who, since his election, had acceptreading of the bill beyond the present ses-ed of the office of lord high chancellor of sion, but for such a period as would allow the house an opportunity of judging, whether they were to look to any thing as a substitute for the measure to be repealed, but visions, projects, and fancies.

The

Mr. Secretary For left it to the good

house on Monday, to state what progress had been made in the preparations for the trial of lord Melville, and when the fitting up of the court was likely to be finished. Ordered. It was likewise ordered, that the lord chancellor should send letters to the peers of the blood royal, informing them of the day fixed for the trial of lord Melville, and requesting their attendance.

HOUSE OF COMMONS.

Friday, April 18.

Ireland; and for the county of Galway, in the room of D. B. Daley, esq. who since his election, had accepted the office of joint muster-master-general of the forces in Ireland.-Mr. Giles moved, that a message be sent to the lords, with a list of

the names of the witnesses to be addu-any redress could be procured without inced for substantiating the charges against creasing the odium and suspicion which lord Melville, and requesting of the lords formerly existed against them. The attorto issue their summons to such witnesses ney-general, as the case now stood, could for their attendance on the said trial, on not properly complain, the law on this Tuesday, the 29th instant. Orered.--A mes- point not being sufficiently explicit. Neisage was afterwards received from the lords, ther he, nor the party likely to become the stating that they had received the message victim of this suspicion, being in a capacity from the commons, and had ordered the to complain, the question was, Who could? necessary summonses to be issued for the The learned serjeant's object was to give attendance of the witnesses, and also for a penalty of 100l. to any person who bringing with them, and producing the pa- would prosecute in such a case; and, as pers, books, and accounts set opposite to he knew the public to be so desirous of their names. hearing statements of this kind, and pro[Ex-PARTE CRIMINAL PROCEEDINGS prietors of newspapers inclined to stand BILL.] Mr. Serjeant Best rose, agreeably at no expence or trouble which could grato notice, to move for leave to bring in a tify the public curiosity, he proposed conbill, for preventing all interlocutory or ex ferring a power of punishing a violation of parte proceedings in criminal matters, from the act by imprisonment. Not only were being published in newspapers. No man, proceedings before magistrates, in cases of he declared, had a greater disposition to felony, improper subjects prematurely to support the liberty of the press than he had: meet the public eye, but there were also none could more anxiously wish that that cases which occurred in the courts in Westliberty should be extended to its utmost minster hall, to which it was his meaning possible limits. No man, however, who that the present bill should extend, and was a friend to the press, on rational and which he conceived to be equally improper liberal principles, but would wish to see it as ex parte statements. These were mokept within some fair and satisfactory tions for criminal informations. Such apbounds. It was well known that not a case plications proceeded merely on affidavits occurred in which the evidence, supposing on one side; and the facts, as appearing it to be even of the most unsatisfactory on the face of them, very frequently on and doubtful nature, did not find its way proceeding to trial, turned out quite otherinto the newspapers, thereby prejudicing wise. It was, in such cases, highly imthe public mind, and there was too much proper that the observations of the judges reason to suppose, often even that of the on those ex parte and fallacious statements, jury, who, it was to be feared, could not should be read by persons called on, proalways divest themselves of the prejudices bably, afterwards, to decide on the merits they had imbibed in consequence of those of the case, and who thereby ran every partial statements. The practice alluded risk of having their sentiments on the to was acknowledged by most of his bre- subject perverted. His bill, therefore, thren at the bar to be improper and illegal; went to restrain the publishing in newsand, in evidence that it was esteemed to papers, not only of cases of felony before be such, two editors of papers in the county magistrates, but of criminal informations of Sussex had lately been subjected to 6 moved for in Westminster hall, thereby months imprisonment for a similar of preventing the statement of the one party fence. It might be asked, why, in such from meeting the public eye till the case circumstances, bring in this bill? His an- should fairly come before a judge and swer was: because the law was not suffi-jury. He accordingly concluded by mociently known. It had been his misfortune to be counsel in two cases in which complaints of this nature had been made to and felt by him; the case of col. Despard, and the more recent one of Patch. In both of these cases it was submitted to him, in what way redress could be procured for the injury under which the party was supposed to labour. His answer was, as it would unquestionably be in any other ease of the kind, It was impossible that

ving for leave to bring in a bill to prevent the publishing in newspapers of all ex parte and interlocutory criminal proceedings. This motion was seconded by Mr. D. Erskine, and leave was given accordingly.

[AFFAIRS OF INDIA.] On the motion of Mr. Paull, two several orders of the house of the 11th and 17th March, 1806, were read; the former, ordering the production of certain papers relative to Bhurtpore; and the latter to Surat: and

the papers contained in them, were, after in India, he saw a dispatch from the secret some observations from Mr. Addington committee approving of it. After this, and Mr. Grant, ordered to be produced some additional troops were sent to repel forthwith.

any attacks made upon the nabob, when Sir A. Wellesley requested that the hon. his subsidy was increased to 50 lacks of gent. who was about to bring a charge rupees, which was in violation of the exagainst the marquis Wellesley, would state press stipulations of the treaty. It was the distinct nature of the charge, and of the therefore with surprize, that he heard a course of proceeding which he intended to noble lord (Castlereagh) move, last session, adopt. for a paper containing an approbation of Mr. Paull replied, that it was his inten-these proceedings, by the secret committee. tion on Tuesday, to lay the ground of a Two of the persons made to sign this apcharge against marquis Wellesley, for ex-probation, namely, Mr. Devaynes and travagant expenditure of the public money, Mr. Robarts, reprobated this conduct; as and for having applied it to purposes of did also all the members of the court of unnecessary splendour, contrary to an act of directors, with the exception of one hon. parliament. With regard to the course of baronet (sir T. Metcalfe). He then read proceeding, he did originally mean to several papers, to shew the mal-adminismove, that evidence be heard at the bar of tration of the noble marquis in India, the house in the first instance; but he had which, he said, had produced a loss to the heard strong objections to this mode by company, of 7 million sterling. He then several members, who urged the propriety further said, that by the authority of the of laying the charge before the adduction marquis, the nabob was sent for to Luckof proof. The hon. gent. was proceeding now, for the purpose of signing an agreeto read a passage in a printed report of ment, and after his arrival, his seal was not a speech of Mr. Burke's, on the impeach-to be found at his dwelling; and he would ment of Mr. Hastings, in corroboration engage to prove, that the same seal was of this opinion, when he was called to afterwards found in the house of the British order by lord Temple, who protested government, at Lucknow. He said, he did against this as irregular. not stand forth as the sole accuser of the Mr. Paull then proceeded to lay the marquis Wellesley, and read an extract ground of his motion, and stated, at some from a speech of Mr. Francis, upon India length, from papers, letters, and other subjects, written and published by that documents, the circumstances of a treaty hon. gent. himself, in which he accused -entered into with the nabob of Furruckabad, the Bengal government of being the agsoon after the arrival of the marquis Corn-gressors in the Mahratta war. With this wallis in India, and which was afterwards confirmation in his favour, he would shortly guaranteed by the East-India Co. The conclude with saying, that the conduct of conditions of this treaty were, that the the noble marquis was commenced in innabob should disband his own native justice, and terminated in oppression. He troops, and be in future protected by a British force, for which he was to pay a subsidy of 50,000/. annually, out of a revenue not exceeding 140,000l.; and which treaty was faithfully observed by the nabob, up to the year 1801. After disbanding his own troops, this prince was, of course, unable to resist any encroachments made upon his territories, except by the aid of the British force, which was to have protected him from all his enemies. The hon. gent. then went on to state, that after the arrival of lord Wellesley, he took, for the British government, contrary to the terms of the treaty, the tribute which was before paid to the nabob by the Rohillas. This, he was authorized to say, was contrary to the wishes of 23 out of the 24 directors of the East-India Co.; though when he was

then moved for a Copy of the Treaty between the nabob of Furruckabad, and the East-India Co., and guaranteed by the marquis Cornwallis, in 1787.

Lord Castlereagh having been alluded to in the course of the speech, thought it proper to set the hon. gent. right in a mistake which seemed a strong feature in his argument. The hon. gent. expressed his surprise, that he should have moved for a dispatch from the secret committee, approving of the conduct of the noble marquis; but if the hon. gent. thought to impress the house with the opinion, that that was the dispatch of the gentlemen, whose names he mentioned, he must suppose the house to be more ignorant of the course of these proceedings, than he would and it to be. The house was too well in

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