Commons Sitting of 7 March 1806

MINUTES.
The sheriffs of London presented at the bar, a petition from the lord mayor, aldermen, and commons of the city of London, stating, that the existing acts relative to a free market for coals in the city of London were defective, and praying leave to bring in a bill to amend and render the same more effectual. Referred to a committee.—Mr. Fox presented a petition from the company of Butchers of the city of London, setting forth "that an act was passed 43 Geo. III. to extend the provisions of two acts, passed 39 and 40 and 41 Geo. III. relating to the use of horse hides in making boots and shoes, and preventing the damaging of raw hides and skins in the flaying thereof, and. to alter and amend the same, as to the cities of London and Westminster, and borough of Southwark and liberties thereof, and all places within 15 miles of the Royal Exchange; and that. the petitioners and other Butchers residing within the limits of the said act have sustained very considerable loss by the operation thereof; and that the petitioners conceive the intentions of the said act might be more easily and effectually carried into execution, if the said act was repealed, and the necessary powers and provisions, so far as relates to the limits therein mentioned, comprised in one act: and there-
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fore praying, that leave may be given to bring in a bill for the purposes aforesaid." Ordered to be referred to the consideration of a committee.—Lord Henry Petty presented the annual petitions from the different Irish charities; which were ordered to lie on the table.—On the motion of Mr. Whitbread, the order made on the 27th of Feb. was discharged, and anew order made for a return of the volunteer force of G. Britain, cavalry, infantry, and artillery, describing the different state of discipline of each corps, and specifying the names of the returning officers.—On the motion of Mr. Harrison, it was ordered that an account be laid before the house, of all wool imported into Great Britain for the last ten years, distinguishing the kinds and specifying the countries from whence received. Lord Castlereagh moved for the abstracts of the men raised by the Additional Force bill; and lord Henry Petty moved for an account of the penalties incurred under 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; setting forth, that by certain articles of agreement, bearing date the 10th of July 1805, made between the East-India company of the one part, and the creditors of the late nabobs of Arcot, of the other part, a certain fund is provided for the satisfaction of the debts of the creditors of the said nabobs, and for investigating the claims, and ascertaining the amount thereof, by certain commissioners named in the said articles of agreement; and that all the objects of the parties to the said articles of agreement, as therein expressed, cannot be effectuated without the assistance of parliament: and therefore praying, that leave may be given to bring in a bill for effectually carrying the said articles of agreement into execution, or that they may have such relief as the house shall think proper." Ordered to be referred to the consideration of a committee.

IMPEACHMENT OF LORD MELVILLE—Additional Article.
Mr. Whitbreadmoved the order of the day for the house taking into consideration the report from the committee appointed to draw up articles of Impeachment against lord Melville. He then said that he was unwilling to take up the time of the house, by entering much at length into the details of the report, which were already before them; and, indeed, it would be unnecessary to do so, as he trusted, that the house, from what had

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

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poses than those of the public naval services of this kingdom, to which alone the same was law fully applicable; and did continue the said fraudulent and illegal conversion and application of divers of the said sums of money, after the passing of the act of parliament for the better regulating the office of treasurer of his Maj.'s navy."
Mr. Whitbreadthen moved, that this article be taken into further consideration on Monday.
Mr. Percevalfelt 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 thought it might be useful to suggest to the committee, that even were the house to vote this additional article of impeachment, certainly contrary to precedent, and probably objectionable in some other respects, it might meet with considerable obstruction and opposition in another place.
Mr. Whitbreadallowed, that the lords might possibly object to this article, as not having received it before the defendant had put in his reply to the former articles. But undoubtedly, if the lords should be of opinion that a fresh article of impeachment could not be exhibited, and should refuse to receive it, it certainly was competent to the house, on the discovery of fresh crimes, to prefer an altogether fresh impeachment. Not only the reason of the thing, but motives of convenience to both houses, would, be trusted, induce their lordships to adopt a different determination. The motion was agreed to.

ARMY ESTIMATES.
On the motion of the Secretary at War, the house resolved itself into a committee on the Army Estimates.
General Tarletonsaid, he understood, that the estimates now on the table were merely a continuation of those laid before the house by the former ministers. He thought it extraordinary that the new ministers had not yet brought forward their own plans for the defence of the country, particularly as the declarations of a right hon. gent. (Mr. Windham), on the Defence Act, and the volunteer system, must operate unfavourably on each of them, and thus tend to diminish our effective force, while nothing else was substituted in their place. After all the activity which that right hon. gent. had displayed in his speeches, and all the plans which he had given grounds to expect, nothing had yet been produced.
Mr. Windhamreplied, that the rapidity and decision advised by the hon. general might be proper in the field, but not in the cabinet. All delay must be viewed as relative to the object to be accomplished. Considerable alterations in various and complicated departments of the public service, required deliberation proportioned to their magnitude and importance. He objected to gentlemen calling for plans from 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. Canningcontended that justice had not been done to the Defence act. Early in the session a notice had been given of a motion for its repeal; and a measure which could only be carried into effect by great exertions, was paralysed by this threatened repeal.
The Secretayat War repeated the observation which he made on presenting the army estimates, and concluded with moving the following resolutions, which were agreed to: 1. "That the number of 134,473 effective men be granted for the service of his majesty, from the 25th of March to the 24th of May inclusive: 2. That 795,460l. be granted to his majesty, for guards and garrisons for that period: 3. That 336,693l. be granted to his majesty for foreign garrisons for the same period."—The house having been resumed, the report was ordered to be received on Monday.