HC Deb 16 April 1812 vol 22 cc410-8
The Hon. William Herbert

, on rising to move for the production of certain papers connected with the trade now carried on under the Licence system, observed, that he had refrained from bringing the subject forward at an earlier period, only from a wish that his right hon. friend, the Judge of the High Court of Admiralty, should attend in his place on the discussion of a question in which, from the office he held, he must feel so deep an interest. He now wished that these papers should be laid before the House previous to that grave decision which they might expect soon to be called on to make with respect to the numerous petitions against the Orders in Council.—He had communicated his intention to submit this motion to the right hon. gentleman opposite, who desired to consult with the Judge of the Court of Admiralty before he answered as to the objections which he might have to make to the motion. After consulting with that right hon. and learned gentleman, the right hon. gentleman bad acquainted him with the necessity which he felt of opposing the production of these papers. He should have imagined, there fore, that his right hon. friend, the Judge of the High Court of Admiralty, would have deemed it necessary on this occasion to attend, and inform the House on what general grounds it was, that he was averse to produce documents, without which it was impossible to have an accurate knowledge of the frauds, the perjuries and forgeries with which the Licence trade was carried on. The speech of the right hon. the Vice President of the Board of Trade, when the Orders in Council were lately under consideration, had filled him with great anxiety, which he had shewn per haps too plainly, in rising at a very late hour on that night, when he found it, however, impossible to procure a hearing; but he had ever since felt, and still continued to feel the same anxiety to shew and to prove by uncontrovertible evidence how unfounded were the assertions then hazarded by that right hon. gentleman.—He was fearful on that occasion, and his fear alone had induced him to intrude en the patience of the House, that his silence on hearing such statements and assertions Dade without contradiction, should have been interpreted into an acquiescence in their correctness and their truth. The reason slated by the Chancellor of the Exchequer for resisting the production of the papers asked for, namely, that it would be inconvenient, because, if they were to be granted, it would be necessary for those on the other side to move for papers explanatory of the neutralizing system, seemed to him to be most extraordinary, and in this opinion the House must agree with him, when it was considered what the nature of those papers must be. The neutralizing system was one for the disguising of property, to prevent persons in this country from discovering to whom it really belonged, and, to such perfection was it carried, that even persons of the utmost astuteness were disappointed in their endeavours to come at the fact. He should now proceed to shew to what extent perjury existed in the Licence trade, and that it was necessary for the continuance of that trade in this country. The first paper he should move for went to prove, that oaths were required to be taken on the continent, before any vessel could be permitted to clear out, that she was to proceed to a port named, or any other port, and was to carry such and such property. Every English port, however, and every species of English property, however, being always excepted. To prove this he should confine himself to one instance, where the captain having, as was required of him, taken this oath on the Continent, made an answer in the Admiralty Court in this country, which he should also move for, that though previous to his clearing out from the Continent, he had sworn that he was not to proceed to any English port, yet in reality he was destined for the port of Leith. This, he presumed, would be sufficient to shew, that oaths were taken on the Continent that vessels were not to proceed to this country, when in reality they were bound for this country under licence. But what he was most anxious to point out to the attention of the House was, that these perjuries were recognised in the courts of this country. To prove this fact, he should move for papers in a case where it being obvious and notorious to every one, that the master and every one of the crew were perjured, the vessel was restored on that perjured evidence, such being considered the machinery necessary for carrying on the Licence trade of this country. In the case to which he alluded, the vessel came to this country from Amsterdam; from hence it proceeded to St. Petersburgh, and from thence returned with a cargo to this country. There the master, mate, and all the crew, for the satisfaction of the Russian government, swore that they had proceeded direct from Amsterdam to Russia, and accounted for the length of time that had intervened by a fabricated statement of tempestuous weather which they had encountered, of bad treatment on an inhospitable island, and of interruptions by the ice. Were it not that he understood from the right hon. gent, the Chancellor of the Exchequer, that the papers he wished would not be granted to him, he should have moved for the whole of this doubly fabricated history; and should have shewn from the answer of the captain in the Court of Admiralty here, that during the time he was struggling in the course of his voyage through the ice, as sworn to in his affidavit in Russia, he was actually in this country. He should not read the whole of these papers, which were of considerable length, but he simply stated these as their contents. When this case was argued before the Court of Admiralty, a junior counsel, who, in the simplicity of his soul, thought that a perjured document could not be received in an English court of law, was treated with contempt for his ignorance; and was almost hooted at by his more experienced brethren, for objecting to a document which was necessary for carrying on the trade of this country. This doctrine was assented to by the court, and the objection was instantly over-ruled. He asked, was he not founded in justice, in saying, that this was a system so destructive to morality, and to the well-being of the country, that it ought not at least to receive the favour and protection of the Court of Admiralty of this country? There was another paper which he would have moved for, namely, a copy of instructions how to act in case of a vessel's being detained, as exhibiting a most ding gusting picture of the frauds which the country was reduced to practise, in order to; be enabled to carry on this trade by licences. It would not be necessary for him to fatigue the House by an enumeration of the different false, fabricated, and inconsistent documents which these instructions recommended every captain to be provided with, so as to suit every emergency. It was sufficient to say, that perjury was universally practised throughout the whole system; and that it was even admitted and tolerated in our courts of Admiralty. That this was the case he had already explained in the instance of the vessel from Amsterdam, to which he had already alluded.—For, if he could shew, which he pledged himself to do, if the papers were granted to him, that a single vessel had been liberated where it was evident all the documents were grounded on perjury, then there could be no doubt what the principle was, and that it ought to be looked at with horror and detestation. He could not say that, to his conception of the matter, the Court of Admiralty had done its duty. Was a person sitting in judgment to be told, that it was necessary to colour and protect property by fraud and perjury, to listen to that idea, because he was informed, as a reason for his doing so, that the perjury was committed, not for the purpose of deceiving this country, but for the purpose of deceiving our enemies? He could not listen to such reasoning. He must continue to have his ideas directed by the rules of justice. He could not swerve from his duty; but was bound to believe, that a person who would not scruple to perjure himself, or to take a false oath for the purpose of deceiving our enemies, would have equally little scruple in deceiving us where were the limits to such a system, he asked, to be drawn? Where was it to slop? He did not know if such a question had ever come before any of our courts of common law. If it ever did, he sincerely hoped they would follow a differeat course, and would not give credit to perjured men and to perjured documents. The next article to which he begged to call the attention of the House, was the abuses resulting from this system, and from this trade. An hon. friend of bis, when this subject was formerly before the House, called their attention to the fact of two licences having been granted for brandy, at a time when such licences were not generally granted, and when two such, lieences would have been well worth to any man, as it was stated, the sum of 15,000l. The excuse then made was, that this was a solitary instance of clerical inaccuracy, and, as such, was not of much importance. The papers he should have moved for on this subject, he conceived, might have been granted, notwithstanding the objection stated by the right hon. gentleman to the production of the other papers, for the papers on this subject were not at all met by the neutralizing system. What he begged, in the first place, particularly to allude to was, the antedating of licences. On this bead he had a circumstance to state which would, in all probability, never have come to light, had it not been for the exertion of an active gentleman, who had been able even to trace an erasure on the subject in the council books. The case to which he referred was that of the Vrow Debora, for which a licence was applied for by Messrs. Baker and Son, to import a cargo of butter and cheese. This petition was presented on the 20th of January, and the answer was—" refused." The vessel was afterwards captured, and, on the 30th of January, an application was made to have the licence granted, with an alteration or addition, that the cargo should be exported in a British vessel, and with this addition, the licence was granted. Mr. W. Rotherey, of Doctors' Commons, bad made affidavit on this subject, in which he stated the above facts, and that there was an entry in the council books, when he originally searched them, under date 20th January, to the effect that the application for a licence to the Vrow Debora was refused, but that on a subsequent examination in April following, the word 'refused' bad vanished, and the word 'granted' appeared in its stead. He (Mr. Herbert) was satisfied the noble lord at the head of the Board of Trade, and the right hon. gentleman opposite (Mr. Rose) had nothing to do with this; but, if such practices were suffered, what a door for corruption and fraud of every kind was thereby opened. He had in his possession a correspondence from the other side of the water, which shewed what was the opinion there entertained of the persons who had influence on the Treasury Board of this country, and went far to prove, that the statement of an hon. and learned friend of his on a late import-ant debate—that the persons who had influence there were no better than hawkers and pedlars, was not too highly coloured: it went far to shew that the members of that Board were swayed by the advice of some persons who imposed upon them; and that, however pure themselves, they were operated upon by those who were not so. Before be proceeded to this correspondence, however, he begged to notice the fluctuating policy by which the Board of Trade were actuated, varying as it did every day, and thereby giving rise to the most mischievous speculations. The correspondence to which he referred, proved the existence of a trade in buying up licences which had expired, and fabricating excuses to the Board of Trade to induce them to renew such licences. Adverting to a correspondence from certain persons in Bourdeaux to an agent in this country, he stated, that in one letter the foreign correspondent directed his agent to give 3,000 franks for an expired licence, and to send it to him, that a story might be fabricated, or himself to fabricate a story such as might be calculated to induce the Board of Trade to renew it. In another letter a similar measure was recommended, and it was stated, that a traveller would be sent to meet the agent in England, so that the matter might be more cleverly concerted. It was also in the knowledge of this correspondent, as expressed in his letters, that another person had already successfully practised this iniquitous fabrication. In other letters this correspondent informed his agent, that if he could get two licences, one for the Isle of France, and another for Guadaloupe, he might give for the former 500l. and for the latter 700l.; and these sums he was afterwards authorised to increase to 2000 guineas. These sums, it was to be observed, were offered, not as if licences were an article which could be dealt in, but actually as bribes; and the same correspondent seemed to think that, by offering additional bribes, he could get the conditions of licences changed. Gentlemen might smile, supposing that he imagined that the Board of Trade had been bribed. That was not an idea which had ever entered his mind; but this he must be allowed to say, that the Board might have been necessitated to take advice from persons who had been bribed. Whether the licences so wished to be purchased had or had not been obtained, he (Mr. Herbert) had no knowledge. But this, at least, did appear, that there existed a belief in the ports of France that they might be obtained through bribery; a belief which it was hardly probable should have existed, unless it had been founded on experience. The only argument the right hon. gentlemen had used, or could use, for this practice, fraught with so many evils, and with so much ignominy to the country, was the recriminating one, that similar licences had been issued by their predecessors; but this fell altogether short, both in the extent to which, and the principle on which former licences had been issued. It was his opinion that the House of Commons ought to mark their sense of these proceedings, and therefore he should conclude by moving the following Resolution: That the House sees with regret the system of fraud and perjury recognized and protected by the high court of Admiralty, as justifiable and necessary under the present circumstances of the commerce of the country; the abuses and corruptions to which the system is liable; the depraved example it holds out to the morals of the nation, dangerous to the fundamental principles of evidence, and encouraging a disregard of truth in courts of justice, where truth only ought to be admitted; as well as the unprincipled monopoly of conducting trade with an enemy by means of licences, from which neutral nations are excluded, on a plea of necessity, subversive of the most sacred principles of the laws of nations."

Mr. Rose

expressed his utter astonishment at the motion just read, calling upon the House to pass the strongest censure upon the Court of Admiralty, without the slightest testimony being adduced to prove that it was well founded. He complained that the expressions which he had used in a recent debate on this subject had been much misrepresented; and he was convinced in his conscience that there was much less of perjury in the courts of Admiralty under the licence system, than what formerly existed in the neutral system. At that time, enemy's property was only introduced into this country through the medium of its being falsely sworn to be neutral property: whereas at present, there was no occasion for perjuries of that nature, as it could be introduced by licences. He was firmly persuaded, that if the system now adopted were abandoned, the consequence would be the extinction of the commerce of Great Britain.

Mr. H. Thornton

was surprized that the motion had not been confined to the production of papers, on which the hon. gentleman might, perhaps, have founded some future vole of censure. He admitted that frauds did exist, and thought that it would be fit that an enquiry should be instituted to ascertain their origin: and he deprecated receiving in our courts of Admiralty the testimony of men who were forsworn upon the continent.

Mr. Ponsonby

agreed that the Resolution read from the chair was ill-timed and imprudent, and that, notwithstanding the declared opposition that was to be given, it would have been better simply to have moved for the papers. He felt the full weight of the remark of the hon. gentleman who spoke last, and was convinced that no profit which Great Britain could derive from fraud, could compensate for the injury that would arise from the destruction of the public morals. As to the proceedings of the court of Admiralty, he was not prepared to give any positive opinion, without much previous inquiry, and therefore moved as an amendment, That this House will, on the I st May, resolve itself into a Committee of the whole House, to take into consideration the state of the trade of this country as carried on by licences." Should, however, this suggestion, as he supposed it would, be negatived, he should recommend to his hon. friend to move for the production of the various documents to which he had referred.

The Chancellor of the Exchequer

could not support the amendment, although he thought it not so objectionable as the Resolution, which conveyed a strong censure on the Admiralty Court, in the absence of the right hon. judge (sir William Scott).

Mr. Brougham supported the motion. Mr. Marryatt and Sir John Nichol opposed the motion. Mr. Thompson, Mr. Whit-bread, Mr. A. Baring and Sir John Newport supported it. Mr. Herbert replied, and the motion was then negatived without a division.

It was then ordered, "That there be laid before this House, a copy of the Licences whereby permission is granted for importation of goods of the produce or manufacture of France, on the previous exportation of British manufactures or colonial produce to the amount of 5l. per ton in value upon the admeasurement of the exporting vessel." Also, A copy of any bond or obligation required of any merchant or others to whom licence has been granted to import goods of the produce or manufacture of France (upon condition of first exporting to France goods of the manufacture of England or colonial produce, to the value of 5l. per ton, on the admeasurement of the exporting vessel) to export goods of English manufacture or colonial produce to the full value of the goods imported from France, and of any obligation to warehouse the French goods imported, until the exportation of English goods equivalent."