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and for the good of the military service, must, I think, heartily agree. As to the particular case of Mr. Cochrane Johnstone, I have not, as I said before, now sufficient time before me to enter into its merits; but, I cannot suffer this paper to go from under my hand without declaring, that, after a very attentive perusal of his very able letter to the Duke of York, together with the documents accompanying it, I am firmly convinced, that he has, in consequence of misinformation and bad advice, been treated in a manner, not to be justified upon any of those principles which have long happily distinguished the laws and usages of the British monarchy. There is one circumstance more to notice here, and that is, that this gentleman is a relation of Lord Melville; but, I am certain, that the reader will turn with scorn from the idea of visiting upon one man the imputations against another, however nearly they may be connected by those ties, which should never produce any but the most amiable and bencficent effects.

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ADMIRAL DUCKWORTH. It will be recollected, that, on the 7th ultimo, Colonel Wood made a motion in the House of Commons, for certain papers relative to the proceedings of a court martial, held at Portsmouth some time before, for the trial of Admiral Duckworth, upon charges preferred against him by Captain Wood, late of the Acasta frigate. Mr. W. Dickinson, Captain Bennet, Sir William Elford, Mr. Baker, Admiral Markham, Lord Glenbervie, and Capt. Harvey, spoke against the motion; and, to use the words of the Times newspaper (and why I quote that paper I shall presently state), the whole House, with the excep"tion of the honourable Colonel himself, "negatived the motion for the production of papers." That this statement is correct I know; and, I must confess that I know it with regret; for, after all that we have seen and heard during the last six months, I could have earnestly wished to see the House of Com:nons not only grant the papers called for by Colonel Wood, but lend to that gentleman every necessary assistance in the prosecution of the inquiry, which was the object he professed to have in view. In his speech he unequivocally charged Admiral Duckworth with a wilful violation of the 18th article of war, which article positively forbids any captain, or other commander of a King's ship from taking on board, or causing to be taken on board, any goods or merchandizes whatsoever, except in cases specified in the article of war, and which exception does not apply to the present case, At this time I shall only observe, that, according to the

minutes of the evidence taken before the court-martial, and purporting to be "pub"lished by permission of the Lords Com"missioners of the Admiralty;" according to these minutes, it appears, that one of the King's ships was, by the order of Admirał Duckworth, loaded with a great quantity of goods and merchandizes, in direct violation of the law. The gentlemen, who spoke against the motion of Colonel Wood, did not attempt to deny the charge. They all spoke to character. One had known him a long time; one had known him a shorter time; another had had the honour of commanding him; another had had the greater honour of being commanded by him; another had had the pleasure to sail with him in several voyages; another had had the happiness of his society on shore; and all agree ing, with that truth, doubtless, which ought to be expected from them upon such an occasion, that he was a most amiable and disin terested man. But, what had this to do with the loading of the Acasta? What had it to do with the charge preferred? What had it, I would ask Admiral Markham, to do with the violation of the law alleged by Colonel Wood? Admiral Markham's words, as reported in the Times newspaper, which I quote because it is a print which has been most steadily and most laudably engaged in supporting the cause of the country against the partisans of Lord Melville; his words, as here reported, were as follow:-" Ad"miral Markham stated what he knew of "the gallant admiral. He had served un"der his command; he had known him "thirty years; he went out with him to "the West Indies in 1789. In 1797 and "1798, he was under him on the coast of "Ireland; he went to the Mediterranean " in 1798; in the end of 1798, he went, subject to his orders, to Minorca, second "in command Knowing so much of the gallant admiral, he felt it to be incumbent upon him to give his opinion on this oc"casion to the House, and he could honest→ ly declare, that during the whole period, "he never knew him do any thing that was "oppressive to the officers under his com"mand. With respect to the law opinion, "he would just say, that probably, not an "officer in the navy but might be superceded

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on such an opinion; for, hardly one of "them was free from the sin of transgres "sion as to the eighteenth article of war. "(A laugh.) Most captains brought home

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a pipe, or even more, of wine for himself "and friends, when on a wine station; and " he himself had, when at the Admiralty, "requested some of his naval friends to bring him some wine. An hon. gen

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tleman over against him (Sir Philip Ste"phens), must remember the practice be"fore he was born. (Laugh.)”. -What!

And is it true, then, that the law is thus set at defiance? Is it true, that there is scarcely a Captain in the Navy who has not violated the law in a point where there is no possibility of misunderstanding it? If this be so, the Parliament House was, surely, not the place to proclaim the fact aloud, and to " laugh" at it; and, I think, it will be agreed, that, of all men in the world, with the single éxception of Lord St. Vincent, Admiral Markham should have been the last man so to proclaim and so to laugh. What! the very gentleman, who, in proportion to his capacity, has been the first amongst the pursuers of the enormities brought to light by the Commissioners of Naval Inquiry! Is it true, that while the House yet rings with his bold assertion, that one third part of the naval money might be saved by putting a stop to abuses; is it, can it be, true, that this very gentleman has since stood up to "laugh" at a violation of the law, a gross, a most gross, violation of the law, in all the officers of the Navy; and even to avow, that he, while a Lord Commissioner of the Admiralty, requested of some of those officers to do, that which we know the law has positively prohibited-I shall return to this subject; for, with me, where there is not perfect impartiality, there is no justice.

ATHOL CLAIM.- -Upon this subject I have no room for remark; but, I cannot refrain from saying, that, in the course of a week or two, I hope to be able to exhibit the whole transaction to my readers in its true light.

VIEWS OF THE CATHOLICS,

[The following letter was sent to me previous to the discussion of the Catholic Question. Want of room then prevented its insertion; but, the reasoning it contains is applicable to all times, and, as it appears to me to state the real grounds, upon which moderate and disinterested men have opposed the claims of the Catholics, I think it worthy of public attention, and a further motive for its insertion at present, is, that it will probably lead to a discussion of this important part of the subject.]

SIR,I have perused the petition of the Roman Catholics of Ireland, with that attention which a document of such importance déserves; and if the whole of the case, with all its connexions, under all its bearings, and with all the more or less remote consequences which are expected to How from it, have been fully and fairly stated; if “emancipation" is to be under

stood in the limited and strict sense which the gentlemen who have signed the petition appear to give it; if no further views are concealed under this expression of their principles and wishes; I should have no hesitation to admit the policy and expediency of acceding to their demands. But, with every sentiment of respect towards many of those who have subscribed this act, I must be permitted to doubt, if it can be considered as containing the whole of the concessions which are ultimately expected from the Legislature. The principal Catholics in Ireland. may very possibly look to nothing more than what is comprised in their petition; but if the knowledge which I have been able to obtain of the sentiments of the great bulk of bis Majesty's Catholic subjects in that country is correct, these latter will be by no means satisfied with thre, what would be to them nugatory and useless privileges of sitting in the Houses of Parliament, filling the great offices of state, &c. Their views, are said to be more substantial; they look forward to an exemption froni those tithes which they now pay to the Protestant clergy, and nothing short of this will, I am assured, allay their discontents. I do not notice

other grievances which may exist in Ireland, such as the mode of farming out estates, &c. as they are not immediately connected with the purpose of the present inquiry.If such are the views of the great body of the Catholics, and there seems to be but little doubt on this point in the minds of those. who appear to be best acquainted with the interior of Ireland; it belioves us well to consider, whether the attainment of then will not be very much facilitated by granting that increase of power, which is the avowed object of the present petition? And what effect their final accomplishment would produce on the whole system of internal polity of the British empire?With respect to the first of these questions, little need be said, as it must be obvious that such an accession of power as the Roman Catholic interest would derive from the acquiescence, of the Legislature in the demands specified in the petition, must necessarily add to the means which it may already possess, of furthering the attainment of its future objects.

-And with regard to the second question, that is to say, the effect which may be produced on our internal polity, I am inclined to apprehend, that as the measure to which I allude must be an imperial measure, affecting alike all parts of the British empire, an exemption from tithes must inevitably tend to the total dissolution of our church establishment, not only in Ireland, but in this country, as well as of the various

institutions derived from, or interwoven with it.If dissenters of the Roman Catholic persuasion are exempted from the burthen of contributing to the support of the ministers of the established church, upon the ground that they ought not in justice to be called upon to maintain ministers whose doctrines they do not profess, and whose ministry they do not require, I cannot see how that exemption can be with-held from dissenters of every other description; and if that exen.ption should be general, which I contend it must be, if granted at all, a wide door would be thrown open to all those of the established church who might wish to escape the payment of tithes, to secede from that church, or, at least, to all those who may feel less indifference with respect to their worldly concerns than to those of religion.What may be the numbers of those who may be thus tempted to become seceders, I shall leave to be conjectures and calculations of those who have had opportunities of observing the present influence of the religious principle throughout this country. This influence is visibly and rapidly decreasing, and should the Legislature hereafter deprive the established church of all that pre-eminence, and all those exclusive privileges, with respect to civil rights, which its members now enjoy, whilst at the same time it holds out the certainty of an exemption from pecuniary burthens to those who secede froin it, the consequences must be evident. Some of these seceders may, indeed, have to support the ministers of whatever persuasion they may chuse to embrace; but, upon the same principle that Roman Catholics may claim to be exempted from paying tithes to a Protestant minister, because they are not of that persuasion, other persons, who profess no religion at all may, with equal justice, claim to be exempted from paying to any minister of any persuasion, because they are of none.— These

observations, with respect to tithes, will apply with equal force as to rates for the repairs of churches, as well as the several duties and obligations arising out of our esta blishment; for it would be absurd to grant an exemption from the one, leaving the others to subsist. And if the measure of emancipation should be hereafter pushed to the extent which I have supposed, the confusion will be general; and the least of the evils which will ensue from it will be, that of a disgraceful competition between churches of various persuasions, as to which shall gin over the greatest number of adherents, by calling for the least pecuniary remuneration; or, in other words, by exercising their ministry at the cheapest rate.- None of

your correspondents have, as far as I have seen, examined the question of emancipation under this point of view. If any of them regard these opinions as erroneous, and my apprehensions as unfounded, I shall be very glad to be set aright, and they will find me open to conviction.I feel as strongly as any man the expediency of rendering very class of the King's subjects happy and contented, and thereby of promoting a thorough and cordial union between all the parts of the British empire in this eventful crisis; and I again repeat, that I should be disposed to accede to the prayer of the Catholic pettion, if it can be shewn that the Catholics will stop here; and that these concessions will not ultimately lead to a measure which will draw on the disastrous consequences which I have touched upon.I am well persuaded of the extreme importance of tranquillizing Ireland, as well as of the policy of making all reasonable sacrifices to this effect; and, abstractedly from all political considerations, I am an advocate for a due religious toleration; but I must be understood to mean that degree of toleration which is compatible with the prosperity and existence of our church establishment. And let me here add, that toleration is in po case a matter of right, as I have seen it stated to be in one of your late Registers. It is a mere question of policy and expediency: for I contend, that the lawful sovereign power of a country has a most perfect right, either to with-hold toleration altogether, or to grant it in whatever degree, and under whatever modifications it may deem consistent with the welfare of the state.- -I am, Sir, Your's, &c.-- A CHURCHMAN. 5th April, 1805.

MERCHANTS' PARLIAMENTARY PRIVILEGE.

SIR,The public are very highly indebted to Mr. Serjeant Best, for having directed the attention of parliament to the defect in the statute of the 4th of his present Majesty, respecting merchants and traders having privilege of parliament.This very wholesome and beneficial act was intended to relieve the public from the serious inconveniencies which had been felt by the mercantile world, from persons in trade being entitled to the privilege of parliament; and it enacted, that in case a trader having privilege of parliament, did not within two months after an affidavit of debt had been filed in one of the courts at Westminster by the creditor of such trader, either pay, compound, or give such security for the debt to be recovered in the action, as should be approved of by a judge of the court, wherein such affidavit was filed and action brought,

27] POLITICAL REGISTER-Who is the Irish Minister?-Schimmelpenninck's Speech. [28

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that such trader, notwithstanding his privilege, might be declared bankrupt from the expiration of that period; but the statute, very unfortunately, does not point out in what manner such action can be proceeded in so as to facilitate the recovery of the debt; and, therefore, in those cases wherein bonds are entered into with such sufficient sureties to pay whatever may be recovered in the action with costs, in order to prevent the debtor becoming bankrupt, the creditors are left without any remedy, unless the debtor voluntarily enters an appearance to the process so issued against him; but if he refuses.or neglects to do so, the creditor is deprived of all the benefit the legislature intended be should have by virtue of that act.———It appears that the judge before whom the bond is given, according to the act, has no power to make it a condition in such bond, that the debtor shall enter an appearance to the process issued against him, according to this act, within the time prescribed by the courts in ordinary cases; and, therefore, the creditor is left without any remedy whatever, as he cannot enter an appearance to the process he has issued, and the bond given according to this statute to prevent the debtor becoming bankrupt is of no avail, as "the condition "of the bond is only to pay such sums as may be recovered in the action so brought, "and costs;" and in the event of the death of the debtor, the bond must be deemed void, no judgment having been had in the action so brought from the want of an appearance; and the like inconvenience will also arise in case the debtor ceases to have privilege for the action being brought by summons and original bill, according to the 4th of the present King, and not by common process, it is understood the creditor in that event cannot proceed further in the action brought according to that statute.From these circumstances it is presumed the learned serjeant had been induced to bring forward the bill now before parliament, in order to remedy the inconveniencies before stated, and to give effect to tho intention of the legislature in passing the before-mentioned act, and as the intended act does not in any manner interfere with the personal privileges of any member, whether in trade or otherwise, it is sincerely to be wished the bill introduced by Mr. Serjeant Best may pass into a law. If the principle of the bill had been novel, some degree of jealousy might naturally have been expected to have arisen on the occasion; but as it is only intended to remedy a defect in a former act, so as the intention of the legislature in passing that act may not be defeated, it is expected the independence and integrity of parliament

will allow the present bill to pass into a law.

It is understood that the late chief justice of England often expressed his regret that from the defect in this act the public were deprived of the benefit the legislature intended they should have derived from it.— ALFRED. 25th June, 1805.

WHO IS THE IRISH MINISTER? SIR,Being a plain man and very little accustomed to public business I take this liberty of writing to you and hope that either you, Mr. Cobbett, or some of your correspondents will assist me with advice on the following case. -By the death of a near relation I lately became entitled to a claim of some value upon the Irish government. I consulted my attorney, who is a very wise man in politics, and has a friend in the treasury, as to the manner in which I ought to proceed to get my claim brought forward. In his opinion no time was to be lost in applying in person to the Irish minister, but there a difficulty occurred, namely, to ascertain who this minister was; but this was happily removed by an application to our treasury friend, who declared it to be beyond a doubt that, since the union, the Secretary of State for the Home Department was the Irish minister. With some pains I succeeded in obtaining an audience of Lord Hawkesbury, but I had no sooner finished my story, than his lordship cut me short, by saying the business in question came within the province of Mr. Vansittart's official duties. To Mr. Vansittart I next applied, but he told me that as it was a money transaction I had better see Mr. Foster. Mr. Foster expressed great readiness to assist me, but recommended me to do nothing without knowing Lord Hardwick's sentiments upon the subject. I then, Sir, made a journey to Dublin, but though Lord Hardwicke was very civil he said, that he could do nothing till he saw Mr. Marsden. I thought it right then to go to Mr. Marsden, hoping that at last I had fixed upon my man, but how great was my disappointment to find from him that, as my claim was of great importance it was quite necessary that I should see Lord Redesdale. Thus, Mr. Cobbett, I have been baffled in all my attempts and, therefore, I hope you will insert this statement in your Register, that I may have an opportunity of being accurately informed who the Irish minister is.- -Your obedient servant.-M. M.-June 20, 1805.

FOREIGN OFFICIAL PAPERS.

M. Schimmelpenninck's Speech, concluded from p. 928.

I think what I have advanced is sufficient for

tablished in the division of the constitutions. of Lyons. Whatever is good, whatever is beautiful, is always the result of a uniformn and simple system. I have suppressed the double organization of the departmental administrations, and of the administrations of prefecture, because I have thought that by resting the administration solely upon the prefects, not only a million would be economized in the expenses, but a greater rapidity would be obtained in the course of business. If I have annexed to the prefects a council for litigations, it is to the principle which requires that the administration be the act of one, and that the decision of liti.

the present: but perhaps your High Mightinesses, perhaps the nation, have a right to examine and consider upon the measures I intend to adopt for the redress of their grievances, and the renewing of their prosperity. It is needless to say a single word respecting my inclination and resolution to sacrifice what is most dear to me, in order to accomplish so desirable an object. This very hall, Paris, Amiens, and London, can testify my love and zeal for my country.I have no doubt of succeeding in these undertakings. My hopes are founded on Providence, whom I adore, and whose care and protection we have so often experienced. On the calm reason and sonnd judg-gious objects be the act of many.The

`ment of the nation; on that valour which ever distinguished them; on their good faith, honour, and inward conviction, depends this last attempt to re-establish their happiness. -It likewise depends on the assistance, and concord in opinion, of your High Mightinesses; on the wisdom of your resolutions; on the power of your example; and on the firmness of your courage; objects in which I cannot be disappointed if I have acquired any knowledge of mankind.-Finally, it depends on our love for our country, and the great promises I have of the assistance of the great Napoleon, that extraordinary genius, who is admired both by friends and foes, who, after having caused a change in the affairs of France, which will be a subject of wonder and astonishment to future ages, has obtained the greatest influence over us, as well as over several other nations, of whose friendship I have the greater reason to boast, because it was obtained by never swerving from truth or rectitude in all my words, my actions, or even in my thoughts, which his penetrating eye read in the deepest recesses of my heart.-Notwithstanding these hopes, I am not certain of attaining my end. The book of futurity is shut to yourselves as well as to me. As for myself, I shall never quit my object, till I have used every possible effort in my power to attain it; I shall never quit it dishonourably. May Heaven avert all disappointment, may its blessings crown our labour with success, and re-establish the nation in its former flourishing state and happiness.

Extract from French Official Paper, 5th

May, 1805, concluded from p. 996. Gentlemen of the legislative body,--I have caused a detailed account to be rendered to me of all the parts of the administration. I have introduced into these divers branches the same simplicity that, with the help of the consulta and of the censure, I es

statutes which you have just heard read, extend to my people of Italy the benefits of the code, over the drawing up of which I myself presided. I have ordered my council to prepare an organization of the judiciary order which may render to the tribunals the lustre and consideration which it is my intention to give them. I could not approve that a prætor alone should be called to pronounce upon the fortune of the citizens, and that judges hidden from the eyes of the public should decide in secret not only upon their property but upon their lives. In the organization which will be presented to you,

my

council will study to make my people enjoy all the advantages which result from collective tribunals, from a public procedure, and from a contradictory defence. It is to secure to them a justice more evidently enlightened, that I have established that the circumstances in which Italy now is, permitted me to think of the establishment of juries; but the judges must pronounce like the juries, from their sole conviction, and without deliveirng themselves up to that system of half proofs which much oftener endangers innocence than it serves to discover guilt. The surest rule of a judge who has presided over the trial, is the conviction of his conscience. I have myself watched over the establishment of regular and conservative forms in the finances of the state, and I hope that my people will find themselves well, from the order which I have commanded my ministers of finance and of the public treasure to establish in the accounts which will be public. I have consented that the public debt should bear the name of Monte-Napoleon, to give a guarantee the more of fidelity in the engagements which constitute it, and a new vigour to credit.The public instruction will cease to be departmental, and I have fixed the basis to give it the ensemble, uniformity and direction, which must have so much influence

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