Commons Sitting of 25 February 1812

PROCEEDINGS RELATING TO THE EXPULSION OF MR. BENJAMIN WALSH.
Mr. Bankesrose, pursuant to notice, to move for certain Papers relating to a Member of that House, which were necessary for him to ground the case on, which it was his intention to bring forward, and that complaint which he meant to prefer In the first place he would move for "A Copy of the Record of the Conviction of Mr. Benjamin Walsh, at the Old Bailey, for Felony." He would then move an humble Address to the Prince Regent, praying that he would be graciously pleased to cause "A Copy of the Pardon which had been granted to Mr. Walsh, together with a copy of the Judges' Letter, in consequence of which the pardon was granted, to be laid before that House." Here he thought it became him to say, that the Pardon granted could not have been granted to Mr. Walsh, but as it might have been granted to any other individual. Whether Mr. Walsh had been the highest or the lowest person in the state, whether he had been a member of that House, or one of the meanest individuals out of doors, he could only have been exempted from
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punishment by a free pardon. The next paper he should call for was, the Letter from Mr. Walsh to his brother, dated Dec. 5, 1811, and produced at the Old Bailey on his trial, in which he confessed the offence with which he had been charged. He should also move, "That Mr. Jenkyns' the solicitor for the trial, be required to attend the House with the Letter which he had just mentioned." In addition to motions for those papers, the only proposition which be should at present submit to the House was, "That Mr. Walsh do attend this House in his place on Thursday next." The several Motions were agreed to. The Papers ordered to be produced are as follow:

PAPERS

  RELATING TO MR. BENJAMIN WALSH.
  London, January Session 1812.
  THE KING against BENJAMIN WALSH.
  Copy of Record of the Conviction of Benjamin Walsh, for Felony.
  London. Be it remembered. That at the general quarter session of the peace of our lord the king, holden for the city of London, at the Guildhall within the said city, on Tuesday the 14th day of January in the 52nd year of the reign of our sovereign lord George the 3rd, &c.; before Claudius Stephen Hunter, esq. mayor of the city of London, sir Watkin Lewes, kt. Harvey Christian Combe, esq. sir James Shaw, bart. Thomas Smith, esq. aldermen of the said city, John Silvester, esq. recorder of the said city, Samuel Goodbehere, esq. one other of the aldermen of the said city, and others their fellows, justices of our said lord the king assigned to keep the peace of our said lord the king within the said city; and also to bear and determine divers felonies trespasses and other misdeeds committed within the said city; by the oath of Benjamin Wood, Frederick de Lisle, James Lawson, Edward Dampier, Isaac Vale, William Titford, Richard Good, Samuel King, John Barlow, Walter Rochfort, John Capron, James Burrows, John Simpson, John Berger, John Wilson, Christopher Atkow, Francis Wyman, James Hunter, Samuel Tidswell, William Buttery, George Morewood, Alexander Morison and Richard Lewis, good and lawful men of the said city now here sworn and charged to enquire for our said lord the king for the body of the same city, it is presented in

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  manner and form following; that is to say; London (to wit) the Jurors for our lord the king upon their oath present, That Benjamin Walsh late of London stockbroker, on the 5th day of December in the 52nd year of the reign of our sovereign lord George, &c. at the parish of St. Dunstan in the West in the ward of Farringdon without, in London aforesaid, with force and arms feloniously did steal take and carry away 22 bank notes each of the said bank notes being made for the payment of the sum of 1,000 l. and being of the value of 1,000 l. of lawful money of Great Britain, and one other bank note made for the payment of the sum of 200 l. and being of the value of 200 l. of like lawful money there then found (the said several bank notes and each of them then and there, to wit, at the time of committing the felony aforesaid, being the property of sir Thomas Plumer, knt. and the money payable and secured by the said bank notes respectively then and there being due and unsatisfied to the said sir Thomas Plumer the proprietor thereof) against the form of the statute in such case made and provided, and against the peace of our said lord the king his crown and dignity: and the jurors aforesaid, upon their oath aforesaid, do further present, That the said Benjamin Walsh afterwards, to wit, on the 5th day of December in the 52nd year of the reign aforesaid, with force and arms at London aforesaid, in the parish and ward aforesaid, feloniously did steal take and carry away a certain bill of exchange made for the payment of the sum of 22,200 l. of lawful money of Great Britain, and being of the value of 22,200 l. of like lawful money there then found (the said bill of exchange then and there, to wit, at the time of committing the felony last aforesaid, being the property of the said sir T. Plumer, and the said sum of money for the payment whereof the said bill of exchange was made then and there being due thereon to the said sir T. Plumer the proprietor thereof) against the form of the statute in such case made and provided, and against the peace of our said lord the king his crown and dignity: and the jurors aforesaid upon their oath aforesaid do further present, That the said Benjamin Walsh afterwards, to wit, on the 5th day of December in the 52nd year of the reign aforesaid, with force and arms at London aforesaid, in the parish and ward aforesaid, feloniously did steal take and
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  carry away a certain other bill of exchange made for the payment of the sum of. 22,200 l. of lawful money of Great Britain, and being of the value of 22,200 l. of like lawful money there then found (the said last-mentioned bill of exchange then and there, to wit, at the time of committing the felony last aforesaid, being the property of the said sir T. Plumer, and the said sum of money for the payment whereof the said last-mentioned bill of exchange was made then and there being due thereon) against the form of the statute in such case made and provided, and against the peace of our said lord the king his crown and dignity: and the jurors aforesaid upon their oath aforesaid do further present, That the said Benjamin Walsh afterwards, to wit, on the 5th day of December in the 52nd year of the reign aforesaid, with force and arms at London aforesaid, in the parish and ward aforesaid, feloniously did steal take and carry away a certain Warrant made for the payment of money, to wit, of the sum of 22,200 l. of lawful money of Great Britain, and being of the value of 22,200 l. of like lawful money there then found (the said warrant then and there, to wit; at the time of committing the felony last aforesaid, being the property of the said sir T. Plumer, and the said sum of money for the payment whereof the said warrant was made then and there being due thereon to the said sir Thomas Plumer the proprietor thereof) against the form of the statute in such case made and provided, and against the peace of our said lord the king his crown and dignity: and the jurors aforesaid, upon their oath aforesaid do further present, That the said Benjamin Walsh afterwards, to wit, on the 5th day of December in the 52nd year of the reign aforesaid, with force and arms at London aforesaid, in the parish and ward aforesaid, feloniously did steal take and carry away a certain other Warrant made for the payment of money, to wit, of the sum of 22,200 l. of lawful money of Great Britain, and being of the value of 22,200 l. of like lawful money there then found (the said last mentioned warrant then and there, to wit, at the time of committing the felony last aforesaid being the property of the said sir T. Plumer, and the said sum of money for the payment whereof the said last mentioned warrant was made then and there being due thereon) against the form of the statute in such case made and provided, and against

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  the peace of our said lord the king his crown and dignity: and the jurors aforesaid upon their oath aforesaid do further present, That the said Benjamin Walsh afterwards, to wit, on the 5th day of December in the 52nd year of the reign aforesaid, with force and arms at London aforesaid, in the parish and ward aforesaid, feloniously did steal take and carry away a certain other Warrant made for the payment of money, to wit, of the sum of 22,200 l. of lawful money of Great Britain, and being of the value of 22,200 l. of like lawful money there then found (the said last mentioned warrant then and there, to wit, at the time of committing the felony last aforesaid being the property of the said sir T. Plumer, and the said sum of money secured by the said last mentioned warrant then and there being unsatisfied to the said sir T. Plumer the proprietor thereof) against the form of the statute in such case made and provided, and against the peace of our said lord the king his crown and dignity: and the jurors aforesaid upon their oath aforesaid do further present, That the said Benjamin Walsh afterwards, to wit, on the 5th day of December in the 52nd year of the reign aforesaid, with force and arms at London aforesaid in the parish and ward aforesaid, feloniously did steal take and carry away a certain other Warrant made for the payment of money, to wit, of the sum of 22,200 l. of lawful money of Great Britain, and being of the value of 22,200 l. of like lawful money, there then found (the said last-mentioned warrant then and there, to wit, at the time of committing the felony last aforesaid, being the property of the said sir T. Plumer, and the said sum of money secured by the said last-mentioned warrant then and there being unsatisfied) against the form of the statute in such case made and provided, and against the peace of our said lord the king his crown and dignity: Wherefore the sheriffs of the said city of London are commanded that they do not omit by reason of any liberty within the said city, but that they take the said Benjamin Walsh to answer the premises; which said indictment the said justices above named, afterwards, to wit, at the general session of the delivery of the gaol of our lord the king, of Newgate holden for the city of London at Justice-hall in the Old Bailey, within the parish of Saint Sepulchre, in the ward of Farringdon without, in London aforesaid, on Wednesday the
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  15th day of January, in the 52nd year of the reign of our sovereign lord George the third, &c. before Claudius Stephen Hunter, esq. mayor of the, city, of London; sir Archibald Macdonald, knight, chief baron of our said lord the king of his court of Exchequer; sir Simon Le Blanc, knight, one of the justices of our said lord the king, assigned to hold pleas before the king himself; sir Alan Chambre, knight, one of the justices of our said lord the king of his court of Common Pleas; sir Watkin Lewes, knight, Harvey Christian Combe, esq., sir James, Shaw, bart., sir Wm. Leighton, knight, aldermen of the said city; John Silvester, esq. recorder of the said city; Wm. Domville, esq., Matthew Wood, esq., Samuel Goodbehere, esq., other of the. aldermen of the said city; Newman Knowlys, esq. and others their fellows justices of our said lord the king assigned to deliver the said gaol of Newgate of the prisoners therein, being by their proper hands, do deliver here in court of record in form of law to be determined; And thereupon at the same general session of the delivery of the gaol of our lord the king, of Newgate aforesaid, holden for the said city of London at Justice-hall aforesaid, on the said Wednesday the 15th day of January in the 52nd year aforesaid, before the justices of our said lord the king last above named, and others their fellows justices aforesaid, cometh the said Benjamin Walsh under the custody of Samuel Birch esq. and William Heygate esq. sheriffs of the said city of London, into whose custody in the gaol of Newgate aforesaid, for the cause aforesaid, he had been before committed, and being brought to the bar here in his proper person is committed to the said sheriffs; and forthwith concerning the premises in the said indictment above specified and charged on him, being asked in what manner he will be acquitted thereof, the said Benjamin Walsh says, he is not guilty thereof; and concerning this for good and ill he puts himself upon the country; and Thomas Shelton gent, clerk of the session of gaol delivery of Newgate aforesaid, who prosecutes for our said lord the king in this behalf doth the like; therefore let the jury thereupon here immediately come before the said justices of our said lord the king last above named and others their fellows justices aforesaid, and who have no affinity to the said Benjamin Walsh, to recognize upon their oath, whether the said B. Walsh be guilty of the felonies

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  aforesaid, in the said indictment above specified and charged on him, or not: And the jurors of the said jury by the said sheriffs to this matter impannelled and returned (to wit) William Grove, William Self, Robert Snell, John Clulow, James Masters, William Poyner, Thomas Owen, Henry Mackrell, John Francklin, William Brown, Nathaniel Ainger, and william Duncalf, being called come; and who being chosen tried and sworn to speak the truth of and concerning the premises aforesaid, say upon their oath, That the said B. Walsh is guilty of the felonies in the said indictment above specified, in manner and form as in and by the said indictment they are supposed against him, and that the said B. Walsh at the time of committing the said felonies or at any time since, had no goods or chattels, lands or tenements to the know ledge of the said jurors: And because the court is not yet advised of giving judgment of and upon the premises aforesaid, Therefore day is given as well to the said Thomas Shelton who prosecutes for our said lord the king in this behalf as afore said, as unto the said B. Walsh under the custody of the said sheriffs in the mean time safely to be kept until the next general session of gaol delivery of our said lord the king, to be holden for the said city of London, to hear judgment thereof, &c city of London, to hear judgment thereof, &c
  THOMAS SHELTON,
  "Clerk of the said Session
  "of Gaol Delivery."
  15 February 1812.
  The Lord Chief Baron to Mr. Secretary Ryder.
  (Benjamin Walsh.)
  "Sir; I have the honour to acquaint you, for the information of his royal highness the Prince Regent, that Benjamin Walsh was indicted before me at the last sessions holden at the Old Bailey, for stealing from sir Thomas Plumer a certain order for the payment of 22,200 l. and also stealing bank-notes to that amount.—The facts of his having formed the design of converting this money to his use, and of actually so converting much the greater part of it, were proved without contradiction.—But doubts having occurred to Mr. Justice Le Blanc and myself, (Mr. Justice Chambre being absent from indisposition) the case was reserved for the judges to consider whether the facts proved amounted to the crime of larceny.—The argu-
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  ment of counsel concluded last night; and the case was considered by ten judges present (two being confined by illness) who were of opinion that the facts proved did not, in estimation of law, amount to felony.—The prisoner having been convicted of that offence, I am humbly to recommend him as a proper object of his Majesty's pardon. I am, &c.
  "AR. MACDONALD."
  Benjamin Walsh.—Free Pardon.
  In the name and on the behalf of his Majesty.
  "GEORGE P. R.
  "Whereas Benjamin Walsh was, at a session holden at the Old Bailey in January last, tried and convicted of felony, but judgment was respited; We in consideration of some circumstances humbly re presented unto us touching the said conviction, are graciously pleased to extend our grace and mercy unto him, and to grant him our free Pardon for his said crime: our will and pleasure therefore is, that you cause him the said Benjamin Walsh to be forthwith discharged out of custody: and for so doing this shall be your warrant.—Given at our court at Carlton house the 20th day of February, 1812, in the 52d year of our reign.—By the command of his royal highness the Prince Regent, in the name and on the behalf of his Majesty.
  R. RYDER.
  "To our trusty and well-beloved our justices of gaol delivery for the city of London and county of Middlesex, the sheriffs of the said city and county, and all others whom it may concern."

LETTER of BENJAMIN WALSH to JOSEPH WALSH-;
dated 5th Dec. 1811; which was produced in Evidence, upon the Trial of the said BENJAMIN WALSH, at the Old Bailey.
"My dear Joe;
"How to acquaint you with the step I have taken, or in what terms you will think of your poor brother's conduct, I am bewildered in conjecturing; but I know your affection for me, will induce you to judge charitably of me; and I trust that I shall yet be remembered by you, if not with esteem at least with pity.
"This last blow, of which I can now scarcely entertain a doubt, deprived me of all hope of extricating myself from the difficulties in which I was involved; and upon looking into them, I found them much

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greater than I had imagined.—My commission business, which I expected would increase, has become a hopeless resource, as it would furnish but a very small portion of my expenditure; and every attempt that I have made, to assist by other means, has ended in failure and loss.—I did look forward with hope to the connection I proposed to you; and if this late unfortunate event had not occurred, I think it possible I might have struggled through, as I have no doubt it would have answered our utmost wishes; and I trust that you will persevere in it with the fullest success. But I saw that it was impossible for me to provide the means, and there was no chance of saving myself from ruin, and my dear wife and children from poverty, and my brothers and sisters from loss by me, which they could ill afford, but to pursue a step, which though it will bring disgrace on my name, yet will afford me the means of preventing these dreadful calamities. You, who know my principles, may well conceive that to resolve on a direct dishonest act, must have given me much pain; but when I pictured to myself my sweet children in want, I resolved to take the means for their support from one, to whom the loss would be but imaginary, as his fortune and accumulations far exceeded his expenditure; and his mercenary disposition would have induced no one to regret his loss.—I have not had the opportunity I looked for with this person (Mr. O.)—but it has been afforded me by another, who though in a great respect free from the latter imputation, yet has every advantage of the former.—He has ever been a kind friend to me, and I fear the act will add ingratitude to the crime; but I had no other chance, and the die is now cast.—Oh! my God, pardon my heinous offence.—Sir Thomas Plumer employed me to sell a large sum of stock to pay for an estate, and I have withheld a part of the proceeds. I might have taken all; but I thought it crime enough for my future life to answer for, to take what I conceived would be sufficient to maintain my family in competence, and pay those debts which hung the heaviest on my mind.—I have already remitted it abroad; and though my person is safe from arrest, yet I have resolved to follow it, as I can never live in this country without shame and dishonour. It has been a heart-breaking struggle to leave you all; and I know I shall cause you great affliction, where I would bestow no-
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thing thing but happiness What will my poor Mary say, if she hears it in her present state?—She thinks me gone to Ireland; and there is a hope that it may be concealed from her till after her confinement, which she expects in about a week, if it should not get into the newspaper; though it may be possible that sir T. P. may not make it public at all—at all events it cannot be known till the beginning of next week.—I must impose the affecting duty of communicating it to her upon you and dear Jane, as circumstances may arise or as you shall judge best.—I enclose three letters, which you can use as you think fit, according to their dates, and send them to Hackney by the stage in a parcel with the newspaper from the office—they will I think carry Mary over the first part of her confinement.—It breaks my heart to be from her at such a time; but I shall pray night and day for her safety,—I cannot yet write to her on this fatal subject.—Pray palliate my conduct as much as you can, and assure her that my affection for her and the dear children will never forsake me.—I cannot hope to see them again for along, long time, and I shall be an unhappy outcast upon the earth; but I will not fail to think of them with the sincerest affection, and will remit sufficient for their support.—You will find I have left with you what will last for some time, and when our thoughts are more at ease, we shall be able to form some settled plan.—The house, and great part of the furniture, belong to my father's estate; and I think it will be better that you should take possession of it as executor; the lease is at Daun and Crosland's.—Mary, I hope, will still reside in it.—You can in confidence consult Tilson; or perhaps it will better Mr. Potts or Mr. Milne.—The bills for repairs and furniture you had better pay, and have them made out in your name.—I have paid in part, Rumens 60 l.—Shepherd 30 l.—and Simmons 20 l.—In my drawer you will find the inventory of furniture sold to my father, which is to be deducted from his claim on W. and N.'s estate. You had better remove whatever plate is not mentioned in it, as perhaps execution may possibly be taken out; though it cannot happen without process, which will take some time-however, this you will consult on.
"And now, my dear brother and sister, may God ever protect and bless you; you will never be absent from my thought or my prayers,—I have

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ever experienced from you the kindest most disinterested and affectionate attention—would to God that we might yet see each other—the most distant hope would be some consolation—but I dare not indulge it:—my dear sisters, too, what will they say or think of me?—I must beg you, I Cannot write to them—pray say every thing you can for me.—I must beg you too, when necessary, to apprize the Clarke's of this event.—Our two families are almost the only real friends I believe remain to me—but what a task do I impose on you.—Only say that you forgive me, and that I have not wholly lost your affectionate regard, and it will afford some comfort to your afflicted, vet affectionate brother, Angel Court", Dec. 5, 1811. B. W."
"I will write to you as soon as I can fix where you can direct to me.—The post from Dublin is three or four days; you can make it more, if necessary, with the excuse of contrary winds."

BANKERS' EMBEZZLEMENT BILL.
Mr. Drummondrose to move for leave to bring in a Bill for more effectually preventing the Embezzlement of Securities for money, and other effects, left or deposited for safe custody, or other special purpose, in the hands of bankers, merchants, agents, brokers, attornies, or others. Without referring to a late case which had made much noise in the country, it was well known, that a number of instances had occurred within these few years, of violations of trust, for which there was no existing punishment; and it became therefore necessary for the legislature to interfere, that the subject might have that security for his property to which he was entitled. The Bill now proposed to be brought in could hardly be said to be an addition to the criminal code of the country; it was more properly an extension of an act already in existence, by which it was made felony for servants or clerks to embezzle or misapply the property of their masters entrusted to them.
Mr. J. Smithsaid he felt particular pleasure in rising to second the motion of his hon. friend. There were many recent instances, and particularly one glaring instance, (that of Mr. Walsh) which proved the necessity of the introduction of this Bill. As the Bank of England made it a point not to keep any account for certain securities, it was ne-
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cessary for individuals to lodge Exchequer Bills, India Bonds, &c. in private hands, and many frauds were the consequence, which, as the law now stood, were not properly prevented or punished. The object of the present Bill was in a great degree to assimilate the law which now punished the master, to that which punished the servant. It was known to the House, that if a servant embezzled property entrusted to his care, he was thereby guilty of felony; whereas the master for the same act was only adjudged criminal for a misdemeanor. He thought it extremely strange that one law should exist for one part of his Majesty's subjects, and another for another. It was an anomaly which ought immediately to be done away with. After the Bill was introduced, he was aware that it would require much attention to render it effectual in all its provisions, and in order to prevent its throwing a degree of responsibility on any class which they were not in fairness bound to support. In the opposition, which it was natural to expect would be made, either to the Bill itself, or to some of its clauses, he hoped that much benefit might be derived from the counsel and opinion of different persons in the views which they might take of the question.
Mr. Morristhought there was a singularly disgusting anomaly in the law on this subject as it at present stood. The servant of the party entrusted with money could be punished for a breach of trust, while the master escaped with impunity. He feared this anomaly would not altogether be removed by the Bill about to be brought in. He certainly did not mean to oppose the motion, but he thought many of the inconveniences at present complained of might be traced to a want of caution in the parties depositing their money, and he would not give them a penal statute to guard that which with prudence they might guard themselves. They ought to be discreet in the choice of their bankers, to watch over their conduct, and see that their securities were forthcoming; and that would be more likely to prevent the evil complained of, than the making of it a capital offence. He thought there would be less objection to making such an offence a misdemeanor, than to making it felony. The law proposed, might have the effect of making the parties depositing money more supine than they were at present, more negligent

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instead of more discreet. Many difficulties would arise from the existence of this law, which it would be impossible to get over. If the House were to legislate on every particular case of moral depravity which occurred, there would be no end to our penal code. If every breach of trust was to be considered a capital felony, why should not an executor, for instance, who was the means of reducing a number of children to beggary by his conduct, incur the punishment of death.
The Chancellor of the Exchequersaid, that he was glad that the hon. gentleman did not mean to oppose the introduction of the Bill, whatever he might think of its efficacy. He was aware that there was much difficulty in rendering it perfectly calculated to meet the evil it was proposed to remedy; but there would be ample opportunity for giving it a full consideration. With respect to the argument, that no advantage would arise from making the crime a misdemeanor, he conceived that the punishment of transportation would be a sufficient ground of terror, as it regarded those who might be disposed to commit this description of crime. The hon. gentleman also seemed to imagine that the Bill would tend to make individuals more lax and careless; but he did not apprehend that such a consequence would follow, and be was of opinion that the attention of those individuals whom the Bill regarded, would be awakened more to a sense of duty than by any possible attention of those to whom property-belonged. Besides, he apprehended it would he impracticable to make a law obliging persons to be more attentive to their property. The necessity of some measure like the present, appeared more strongly, from two recent instances: but his hon. friend could not be charged justly with legislating on the spur of the moment, as neither the case of Mr. Walsh nor any other recent failure, pointed out the necessity of a legislative enactment, more than what had occurred for many years to the ruin of several individuals, and no doubt existed in any one's mind of the enormity of the offence. He conceived, that the present measure would have the most beneficial effects in causing an inquiry also into the practicability of making all the offences under this denomination rank as misdemeanors. On the whole, the Bill had his full concurrence: in the committee, it would unquestionably require all the attention of professional
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gentlemen to see that the purport of it was carried into effect.
Mr. Horneragreed with the right hon. gentleman who spoke last, that they were not legislating on an individual instance; for there were, unfortunately, but too many instances attended with sufficient distress to call, on the legislature for a remedy. He had, however, doubts of the expediency of the present measure. There was a danger lest they should overstep a salutary line in legislation, by attempting to do for individuals what individuals ought to do for themselves, and carrying penal laws to such an extent as to place mankind in a state of tutelage. The act against servants differed from the present; for it did not create a substantive class of offences, but merely reduced a particular offence within the head of felony which, by legal subtlety, could not be considered as such. He had seen the present Bill, which he believed to be drawn up with great care; but there was one observation he could not help making respecting it, that its provisions extended to all sorts of property entrusted to another. Now, when he recollected the amount of the property held in trust in this country, he was afraid of the effect it might have in depriving the courts of equity of the power of affording redress in cases of abuse of trust, from the principle of a person not being obliged to state what might criminate himself. In this manner the present Bill might introduce more insecurity into property than could be compensated for by any benefit which it might in other respects produce.
Mr. Baring, while he expressed the obligation which he felt as a merchant, to the hon. gentleman who introduced this measure to the attention of the House, yet feared that the great difficulty which would occur was in the distinguishing common commercial trusts, and trusts on deposit. The case of Mr. Walsh, however heinous, he conceived it impossible to provide against. In the case of common commercial trusts a sum was deposited with the merchant, who entered it on his books, and the money went into circulation. Whatever difficulties might arise in this and other points, he thought the commercial world much indebted to the hon. gentleman.
Mr. Manningspoke in favour of the Bill, which, he contended, was more intended to secure the money deposited for safe custody, than to operate in any other case.
Leave was given to bring in the Bill.

PARISH REGISTERS' BILL.
Mr. Rose, in pursuance of the notice he had given, wished to obtain the attention of the House to a few observations he had to make previous to submitting to their consideration the motion he intended to bring forward relative to Parochial Registers. He was sorry to find that many misconceptions had gone abroad respecting the measure, which he had no doubt would be done away when the nature of the Bill he now meant to introduce should be generally known. It must, he thought, be universally allowed, that parish registers were of great importance to all ranks and classes of people from the nobleman to the peasant; and it was highly desirable they should be regularly entered, and safely deposited. At present, instead of being kept in the house of the clergyman of each parish, they were kept in a very slovenly manner in the dwelling of the parish clerk, and he bad found, as Treasurer of the Navy, numberless instances of the widows of seamen, who, from this culpable negligence, were not able to prove their marriages. He was surprised to find that his intention to bring in this Bill had given considerable alarm to the clergy in many parts of the kingdom, and that in the neighbourhood of Epsom a meeting of clergymen had been called on the subject; but he was sure when they became acquainted with what was meant to be done they would immediately be free from such alarms. It was his intention in the present Bill to enact that all registers throughout the kingdom should be uniform, and that the parishes should supply themselves with the form from the king's printer: that the registers of births, baptisms, marriages, deaths, &c. should be entered into a book to be kept for the purpose by the clergyman of every parish; that such register should be made up once every year, and a duplicate thereof transmitted to the bishop of the diocese. Dissenters to have the power, at the end of every quarter, or of every year, to deliver their registers on oath to the clergyman of the established church of the parish in which such dissenters resided. At present all registers were kept in dwelling-houses, in a very insecure way. It would be highly culpable to suffer them to remain so; and he therefore moved for leave to bring in a Bill for the better regulating and preserving parish and other registers of births,
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baptisms, marriages, and burials in England.
Mr. Bathurstthought the object of the Bill commendable, and that it deserved support, if it did not trench on the feelings of individuals. There existed a mass of confusion in these registers, which it would be most beneficial to the general interests of the community to have remedied: but he hoped the Bill would be freed from all the objectionable parts, which abounded so much in that brought in by the right hon. gentleman, on the same subject, last session; such, as if a clergyman failed in accuracy in keeping such registers, he should be liable to felony; in other cases, to be suspended from his functions, and liable to imprisonment for a certain number of days. These things, he believed, had caused great alarm; and if not done away in the present Bill, such alarm would be increased.
Lord Folkestonedid not object to the introduction of the Bill, as he understood it was a measure of quite a different nature from that of last session, to which he had many and great objections. Some of these his lordship proceeded to enumerate, and then turned to the consideration of the Bill now proposed. There were, he said, other modes of enforcing the law for the more perfect keeping of these registers, already in the power of the bishops of the various dioceses. If the law, as it now stood, therefore, was ineffectual, the most simple and efficacious mode would be to invigorate it, and not, as the right hon. gentleman wished, shape out an entirely new course. But there appeared to be some reason for this total change, which was, that it would lead to a source of revenue, as new offices would be created, and stamps were to be necessary before extracts were given from the records. The object was, however, desirable, though great care and attention was necessary in framing the Bill.
Mr. W. Smithobserved, that if the clergy, as well as the laity, had considered the Bill with the same spirit of conciliation that had actuated the House, much of the ill-blood to which it had given rise would have been spared. He was convinced that the right hon. gentleman had only the public benefit in view, as was shewn by his conduct during the last year, when he procured his act to be circulated through the country, courting objections and amendments to it. His chief design, in now rising, was to contradict an opinion, which he was informed had gone

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abroad, that this Bill was introduced at the suggestion and for the benefit of certain dissenters. In truth, of all persons, they would receive the least advantage from it: indeed they were called upon, perhaps unnecessarily, compulsorily to deliver in registers which were not before required. He said unnecessarily, because they had already a much better means than was here offered, of preserving them with the utmost regularity, and with little or no danger, from accidental causes. They had besides, this additional merit, that they were registers of births, and not of baptisms. He had been commissioned last year to learn from those with whom he was particularly connected, whether the dissenters had any objection, as far as related to them, to comply with the proposed measure, and he was happy to say that they had no wish to start any difficulty.
Mr. Rosereplied in a few words, denying that patronage or revenue were in the slightest degree connected with the design of the measure. With regard to the first, the little there was of it was entirely with the archbishop of Canterbury; and the second was answered by saying, that it would not produce one farthing.
Leave was given to bring in the Bill.

DROITS OF ADMIRALTY.
Mr. Brougham, in pursuance of a previous notice, rose to move, "That a Select Committee be appointed to inquire into the application of the various sums received as Droits of the Crown and of Admiralty." He observed, that when he formerly submitted a similar proposal to the House, it was resisted on various grounds, but principally it was urged that he had not chosen a convenient time for the adoption of his Resolutions, pending a certain contract which was said to have been entered into with the crown, at the commencement of the present reign, for the establishment of the civil list. Such an objection could not now be urged, and from the general result of the debate, the country had certainly every reason to hope that an inquiry of a most important nature would now be commenced, preparatory to a new and general settlement of the civil list revenue. He did not believe that on the previous debate one hon. gentleman had denied the right of the House to examine into the application, as Well as into the amount of this fund, and the right hon. the Chancellor of the Exchequer had told the House, that fully conscious of the due employment of these
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monies, and that not the slightest abuse of them could, by the most strict investigation, be discovered, he should, at the proper time, have courted the most minute inquiry upon the subject. As that proper time was now arrived, in order to give the right hon. gentleman an opportunity of acting up to his professions, that he might shew the burdened nation that they were not the mere hollow pretences of temporary expediency, he now submitted the subject, again to the decision of the House.—He contended, that funds that had been discussed and appropriated by parliament were subject to its controul, and to be accounted for. But how much more ought these funds to be liable to inquiry and explanation, which had never been voted by parliament; which arose out of sources with which they could not intermeddle; and which had never been controlled or canvassed by them? For all they knew of the matter from the papers on their table, was, that certain sums had been paid to certain individuals. It was not necessary for his present purpose even to allege that any abuse existed, or could exist: to shew that the items, of which the accounts before them were made up, were utterly unintelligible to them, was a sufficient ground for the appointment of a Select Committee up stairs, to ascertain their nature and condition. In order to shew that this was the case, he would divide the accounts on, the table into four separate classes, to which he begged leave to call the attention of the House. In this classification, he would keep entirely out of view all sums issued after messages to parliament, and sums actually paid to captors and claimants pursuant to the original design of the fund.
The first class consisted of sums paid, but which did not, on the face of these accounts, appear to have been paid indisputably, to captors or claimants on account of prizes.
The second class, which was smaller than the first, consisted of sums, paid apparently on the same account, but not likely to be so in reality, as might be gathered from the items themselves.
The third class, which was again still smaller than either of the former, consisted of sums paid, for which no grounds whatever were given; and
The fourth and last class was composed of sums issued for services, not having any connection with the original intention of the fund, and not being paid to captors or claimants.

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On these several classes, he would proceed to state his reasons for contending that further inquiry was necessary, and that a Select Committee ought to be appointed for that purpose. With regard to the first class, he was by no means disposed to deny that large amounts might have been justly paid to persons concerned in prizes, which ultimately had been ascertained to have been illegally made; even to non-commissioned captors they might have been prudently given, but he maintained that in this distribution no preference should be shewn, and where favour was apparent no specification of the various items was supplied to prove that it was proper or necessary. In the account laid before the House in 1810,* under the head, "Special Payments," would be noticed the enormous sum of 269,789 l. paid to John Alcock," to be by him paid over to the, merchants, &c. trading to Spain, whose property had been Sequestrated in 1796 and 1797." The amount of 54,921 l. was likewise inserted as having been disbursed as, Indemnification to sundry commanders on account of ships carried into cape Nicola Mole, and illegally condemned." Into the particulars of these two large items, surely some inquiry ought to be made, and it was a mere mockery to acknowledge the right of the House for that purpose, and to refuse the Select Committee the nomination of which he now proposed. It might be stated that the accounts had been audited at the Treasury, but would the House delegate its right of investigation to any but to its own members for that purpose by itself appointed, unless indeed, as in many other cases, particularly in that of the American claimants, boards were established, whose particular function it was to make the requisite investigation. He did not blame any individual administration, because, since the time of Mr. Pitt, these abuses had been continued under every government. There were other items in which they were not left so much in the dark, and which were of a very suspicious nature,—not that he meant to impute any censure against particular persons, or the governments under which these grants had been made. These items were of payments to persons for vessels captured and condemned, but afterwards restored; or for vessels not condemned, but taken out Of the hands of the captors.
* See Vol. 17, Appendix, p. Ixvi.
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Among instances of this sort were two" grants of 20,521 l. and 18,000 l. to lord Keith, (a gallant nobleman who deserved the utmost praise, and who would not have done this had it not been the common practice) because he had detained an American vessel at the Cape of Good Hope, for which an action was brought against him, and he was cast with heavy damages and expensive costs. By such grants cause was given for the complaints against us for the violence of our cruisers (which were greatly unfounded) and for the want of redress in our law courts, which was utterly unfounded, as in them there was not the slightest difference made between an American and an Englishman. But it afforded ground for clamour, however unjust, to protect captors harmless whom the law had decided to have been in the wrong. To justify the government in this point alone a Select Committee was necessary. An hon. gentleman (Mr. Arbuthnot) when placed in a similar situation, had come down to that House, in all the eagerness of conscious innocence, and made a manly and explicit defence; accounting for the sums charged against his name, to the last shilling, and even courting the further probation of a committee. Nearly all the individuals, whose names were inserted in these documents, no doubt felt equally anxious to clear their characters from imputation, and not being able to do it in the House, they had a right to claim a full and fair scrutiny in a committee. Rear-admiral Lewis had been paid a large sum for detaining a neutral vessel, and would not America, and justly too without explanation, ask what security, if she continued at peace with us, she had that her neutral shipping should not be seized, if our officers were apparently rewarded for their capture?
The hon. and learned gentleman next noticed a case in which a partiality had been shewn, and that compensation refused to the party which had been granted to others under similar circumstances. This case, on which he dwelt at considerable length, was shortly this: the privateer Daphne, belonging to a Mr. Jacob, in 1799 or 1800, captured the French vessel Circe, worth 30,000 l. which was condemned, and a claim to the contrary disregarded. The year and day for appeal having transpired, the condemnation became final, and 15,000 l. was shared among the captors. Ten thousand pounds more lay ready to be distributed. At this

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point of time an information was laid against them for having disregarded the 33d of the King, by which a muster of the crew of a privateer before sailing is enacted. On the letter of this law they were convicted; the 10,000 l. stopped, and the 15,000 l. recovered, all of which had become Droits of Admiralty. The mere ignorance of the law was not admitted as an excuse: and the result to Mr. Jacob was costs to the amount of 1,700 l. and utter ruin. From having been in a respectable trade, be was thrown into gaol, and reduced to poverty. It might be right for the House to be informed on what sort of authority it was that the money paid on account of the capture by the Daphne had been recalled, and Mr. Jacobs and his family reduced to beggary. It was not at the suggestion of a common informer, or of a qui tam attorney, but on evidence procured by a reverend clergyman—the Rev. W. B. Daniels, who had been in confinement for debt, and reduced to the condition of the primitive Christians, after publishing a work on Field Sports, in which he, as well as many of his brethren, were known so peculiarly to excel (hear, hear!) He did not mean to cast any general reflection on the numerous respectable members of the church of England; but certain it was that Mr. Daniels formed no addition to their respectability, for after other trades had failed, he turned a broker in evidence, and procured two men, of the names of Thatcher and Guzman, one of whom had been convicted of perjury, and the other had been flogged at the cart's tail, to swear as much as was necessary to support his charge. For this signal service, the worthy and reverend gentleman had received from government no less than 5,077 l. and the first of his witnesses 87 l. 13 s. 7d. as a "gratuity for evidence given."—The hon. and learned gentleman then contrasted the case of Mr. Jacob with that of sir Home Popham, who had been reimbursed. They had both, he said, embarked in illegal voyages, and both said without knowing that fact: fifty seven members of that House had disbelieved sir Home Popham on this point, and perhaps as many would doubt Mr. Jacob. Sir Home's vessel had been condemned, bat On a report from the King's proctor, 21,610 l. was restored to him, while Mr. Jacob, having no interest, was compelled to put up with the loss of his all. The latter had, indeed, smuggled a little tobacco on shore, as the former had foot chests of tea, in
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which point they were both alike, only that Mr. Jacob was not on board at the time of the transaction, which sir Home Popham was. It would be endless for him to enter into all similar cases, which could not be discussed in the House, and were only fit for inquiry in the Committee he wished to be appointed.
Under the second branch of his subject, he should mention with regret the grant of 932 l. to sir William Scott, "for services in deciding upon cases relative to American captures." He was firmly convinced that the wealth of the Indies could not induce that learned judge to condemn a single cock-boat contrary to justice; but the words in which the item was stated were peculiarly disgusting, and implied what there was not the slightest reason to believe. In the United States, however, they would not meet with so just an interpretation, where the natives were already strongly prejudiced against what they termed the unwarrantable and flagrant injustice of the British court of Admiralty.—Other articles, however, thrust themselves forward, that could not be so satisfactorily explained. On the 20th of September 1803, a grant of 2,250 l. had been made to sir George Young, of one-third of the Dutch ship Frederick, taken at the Cape. The sum of 2,792 l. had likewise been paid to the earl of Dunmore, on an account nearly similar; and on the 17th August, admiral Keppel received part of the proceeds of Spanish vessels captured at Martinique. To the first of these items particular attention was due, because at the time the prize at the Cape was made, sir George Young was serving in parliament as member for Honiton, filled a lucrative and honourable post, and upon failing in a subsequent election; was appointed governor at the Cape of Good Hope—so that the most vivid imagination might be defied to state an adequate reason for this grant. The earl of Dunmore could have as little to do with the capture for which he was remunerated: and indeed the general complexion of many of the items was so suspicious, as imperiously to demand further investigation as to their real character.
The hon. and learned gentleman now came to the third class, in which sums were given, and no account whatever annexed to them. Among these, be noticed a grant of 887 l. in the year 1807, to captain Spencer, pursuant to his Majesty's warrant; 10,000 l. and 1,900 l to William

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Bourne, and others, as commissioners of Spanish and Portuguese property. He could not see why so much should be expended on this head, and thought it imperiously called for an explanation. He also noticed the payment of 219 l. to a Turk, for losses at Constantinople, which he censured, as contrary to the principle on which the Danish sufferers, merchants of Hull, Glasgow, &c. were refused compensation for losses, to the amount of 250,000 l. sustained at Copenhagen. There were funds enough to reimburse them, as 575,000 l. was still in the hands of the Registrar; but he complained that they were rejected, while the claims of the Ottoman, under similar circumstances, had been attended to.
The fourth and last class related to those grants wholly unconnected with the sources whence the fund was derived. The largest of these were the grants to the younger branches of the royal family. Previously to the augmentation in 1806, of the allowances to the junior branches of the royal family, it appeared that in the course of one month no less a sum than 75,000 l. had been granted to them out of the Droits, and subsequently, that no less a sum than 70,500 l. had also been granted to them out of the same Droits. But it was a most extraordinary circumstance, that while the Bill for increasing their allowances was in progress through parliament, the sum of 6,000 l. was granted out of the Droits of the Admiralty to the duke of Kent. A noble friend of his was minister at that period, and it was but justice due to him that this grant should be satisfactorily explained, which no doubt it could be. When the Bill alluded to was passed, the duke of York was not comprehended in its provisions, on the statement, that from his office as commander in chief, and from other emoluments, he derived an income of 26,000 l. Yet, in 1808, when his Royal Highness Mill retained those offices, it appeared that he received out of the droits no less a sum than 20,000 l. On the whole it appeared, that to the different branches of the royal family 184,000 l. had been granted out of the Droits of the Admiralty; and he could not make this statement without lamenting that those illustrious individuals had not found it possible, in common with the other classes of the community (many of whom were oppressed with burdens almost intolerable,) to keep their expences within their incomes.
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There was a grant of 7 or 800 l. to captain Temple, to defray the expences of a prosecution for the murder of a seaman, of which alleged crime captain Temple had been acquitted; no doubt most satisfactorily. But if this was a proper grant, why not extend a similar grace to others who had equal claims? For instance, captain Tomlinson, a very gallant officer, who was tried for forgery at the Old Bailey, about 18 months ago. No sooner had the case been opened than Mr. Justice Le Blanc declared that he must be instantly acquitted, which he was, therefore, most honourably. Captain Tomlinson's character stood as high, after this service, as ever. He had since been promoted. But he had in vain endeavoured to obtain from this fund the expences, amounting to nearly 1,000 l. which he had sustained in consequence of his prosecution. The cases of captain Temple and captain Tomlinson might possibly be quite dissimilar; but this ought to be shown before a committee of enquiry.
These were the various grounds on which he called upon the House to appoint a committee. He asked it on the part of the individuals who seemed lo be placed in suspicious circumstances; he asked it on the part of the different administrations, who appeared to have lent themselves to the purposes of those individuals he asked it on the part of the country, as the relations of Great Britain with foreign powers was implicated; and he asked it on the part of the constituents of that House, who were entitled to know the exact appropriation of the public money. The hon. and learned gentleman concluded by moving, "That a Select Committee be appointed to inquire into the application of the various sums received as Droits of the Crown and of Admiralty, and to report on the same to the House."
The Chancellor of the Exchequerwas sure that the House would not think that the paper which had been produced on the motion of the hon. and learned gentleman, exhibited a sufficient appearance of abuse to warrant the appointment of the proposed committee. Most of the cases alluded to by the hon. and learned gentleman had nothing in them, and the hon. and learned gentleman's observations arose from the state of ignorance in which he candidly professed himself to be on the subject. But was it a just ground for a committee that an hon. member did not happen to know what he was talking about? He

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would explain to the House briefly, and from recollection, the circumstances of some of these cases. The first was the sum of 269,789 l. paid to Mr. Alcock for the merchants trading to Spain. Nothing could be more easily explicable. Various merchants trading to Spain had their property sequestered there. By the treaty of Amiens, the Spanish government consented to make good their claims. War, however, broke out before that could be done, a war originating in the capture of some Spanish frigates: and out of the proceeds of those identical frigates it had been thought just by government to satisfy the claimants. Another item to which the hon. and learned gentleman alluded, was the sum of 54,921 l. paid" to several commanders, for ships that had been captured and taken into Cape Nicola Mole. The facts were these: a court of prizes had been erected at Cape Nicola Mole, which was composed of captains of the navy, which considering itself legal, condemned certain prizes brought in there. On an appeal, however, to this country, the court was declared illegal and the sentences null. Of course no condemnation took place, and this grant was for the purpose of repairing to the captors the loss which they would otherwise have sustained. Was this an abuse of the fund?—The next case was that of lord Keith. Had the hon. and learned gentleman been at that period a member of the profession, he would have known that the detention of the American ship by lord Keith was a subject that involved as much legal disquisition as any that had ever occurred. Lord Keith thought he had a good right to detain the ship "at the Cape of Good Hope. The captain being sullen at his detention, took no care of her, and she was totally lost. A suit was commenced against the underwriters, who were cast; they, in turn, obtained damages from lord Keith, and government very properly determining that lord Keith should not be ruined by this transaction, gave him the sum which appeared in the paper. With respect to the grant to the clergyman who had given information of the inadequate force of a privateer, it was well known that the law considered it a grave offence, punishable with a fine of 1,000 l. and a year's imprisonment, for the captain of a privateer not to have a force equal to that for which he had contracted with government in his letters of marque. In this case the privateer was so circumstanced; not only,
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therefore, did the capture belong to the crown, but the captain was also in the state of a culprit. The person by whom the information was given, was assuredly entitled to the reward which had been assigned him. There was one point adverted to by the hon. and learned gentleman, the exact state of which he wished the House distinctly to understand. It was, the grant of 932 l. to sir William Scott, for deciding certain causes. The hon. and learned gentleman had said, that this might go over to America, and that it might there be supposed, however unjustly, that this money was paid to sir William Scott, for the purpose of influencing him; in his decisions. The fact was, that these were not decisions in the high court of Admiralty; but that they were decisions by reference of a vast variety of cases of American claims, so referred, for the purpose of saving the claimants trouble and expence. Sir William Scott was the British referree, and his hon. and learned friend near him the American referree; the latter had been paid by the Americans, the former, by the grant which had called forth the hon. and learned gentleman's animadversions. With respect to the Portuguese commissioners, he was sure the House would feel from the peculiar circumstances of the case, that those expences could not be paid out of the property. As to the Danish claims, no doubt they were cases of considerable hardship, as all those must be in which individuals suffer by the wars in which their country is engaged. On investigation, however, it appeared that these claims were not of a nature which would justify the required satisfaction, and to show that government had no sinister view on the subject, every shilling of the droits accruing from the expedition to Copenhagen had been given to the captors.—He was sure that the House would not coincide with the hon. and learned gentleman in the view which he took of the grants that had been made out of the droits to the various branches of the royal family. This fund, being under his Majesty's controul, his Majesty had thought proper to apply it to relieve those branches from embarrassment when required. It was merely a case in which a parent exercised a disposition to assist a child out of a fund belonging to himself. If that did not appear justifiable to the hon. and learned gentleman, be would have quite as much ground to argue on the subject at present, as if an inquiry

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were gone into upon it.—Next came the case of captain Temple. This circumstance occurred the year before he came into government; but he had no doubt that the grant was made to captain Temple, because the circumstance which occasioned the expence, grew out of the discharge of his duty. But did it follow that the claim of captain Tomlinson, or of any other officer, must necessarily be granted in the same way? The hon. and learned gentleman said, that at the opening of captain Tomlinson's trial, the judge declared that a verdict must be found of acquittal. This struck him differently from the mode in which it seemed to strike the hon. and learned gentleman. From all his experience in courts of justice, it appeared to him that captain Tomlinson must have been acquitted, not on the merits of the case but in consequence of come detect in the indictment. Let that, however, be as it might, if the alleged offence was not supposed to be committed in the discharge of his duty, captain Tomlinson's case was not at all analogous to that of captain Temple. He would not refer to sir H. Popham's case, because on that parliament had already pronounced a decision. But it was whimsical to hear the hon. and learned gentleman, who condemned the grant made to sir H. Popham, instance a case of claim, which he described as nearly similar in character, and then condemn government for not having attended to it! This was a kind of double-handed stroke which the hon. and learned gentleman had made: 'You have granted, you are wrong—You have not granted, still you are wrong.'—He had now gone through most of the cases touched upon by the hon. and learned gentleman, and shewn that the charge of a misapplication of the fund was wholly unfounded. If the hon. and learned gentleman wished for further information in the shape of papers, he had no objection to their production; but he was persuaded that the House would agree with him in thinking that no grounds had been laid for the appointment of a Committee. The House of Commons had abundant business without the multiplication of unnecessary committees, the increase of which in late years had already become a most serious evil.
Mr. Brougham, in explanation, distinctly disclaimed the slightest intention of imputing to sir William Scott the least impropriety of conduct; but he blamed the mode in which the item was described in
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the paper. With respect to the conduct of government towards sir Home Popham and the other individual whom he had mentioned, all he had said was, that as their cases were the same, it ought to be explained why their treatment was different.
The Attorney Generalstated the facts in the case of lord Keith in the same way as that in which they had been stated by the Chancellor of the Exchequer. He then proceeded to the best of his recollection, to detail those in the case of captain Tomlinson. Captain Tomlinson's vessel had been repaired at Dartmouth. The person by whom it had been repaired, a man of the name of Tanner, became a bankrupt, and by his books it appeared that his charges were much less than those made to the Admiralty. It was discovered that these last were forged. Two bills of indictment were in consequence found, the one against Tanner, the other against captain Tomlinson. On opening the prosecution against Tanner, it appeared that the forgery had not strictly been committed in the county in which in the indictment it was laid to be committed. The consequence was that the judge directed the acquittal of Tanner, and the indictment against captain Tomlinson being under the same circumstances, his prosecution was also abandoned.
Mr. Herbert, of Kerry, bore the highest testimony to the character of capt. Temple, than whom a more humane and honourable man did not exist. On his trial, there did not appear the slightest ground to suppose, that the man of whose murder he was accused, had died in consequence of the punishment inflicted upon him. A fever was the evident cause of his death, and the judge in this case directed the immediate acquittal of captain Temple.
Mr. Crokerobserved, that the hon. and learned gentleman declared that captain Tomlinson had been most honourably acquitted. Without giving any opinion on the merits of capt. Tomlinson, he must say that the hon. and learned gentleman's statement was altogether fallacious. Capt. Tomlinson had commanded one of his Majesty's ships, which it became necessary to repair at Dartmouth. The bill made for the repairs done was utterly false, being enormously higher than the expences actually incurred. This bill, it was alleged, that captain Tomlinson had countersigned, by which it was rendered payable at the Navy board. When presented

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by the shipwright, after the lapse of a considerable period, it was found to be either a forgery or a fraud. For this offence, the shipwright and captain Tomlinson were indicted in Middlesex, as having committed it in Middlesex. The shipwright was convicted: but' on the opening of the trial of capt. Tomlinson, the judge observed that there might have been a collusion in Devonshire, but asked if there were any proof of a collusion on the part of capt. Tomlinson in Middlesex? When told that capt. Tomlinson had countersigned the bill in Devonshire, the judge directed his immediate acquittal. Whether if capt. Tomlinson had been tried in Devonshire he might or might not have been acquitted, he would not say; but unquestionably the hon. and learned gentleman had no right to call the result of the trial at the Old Bailey an honourable acquittal.
Mr. Brougham, in explanation, observed, that the statement of the hon. gentleman differed very much from that of his right hon. and learned friend. His right hon. and learned friend had said that there was no conviction whatever; the hon. gentleman asserted that there had been a conviction. He repeated that capt. Tomlinson was a very respectable officer, and had been promoted since the circumstance alluded to. In a private statement circulated by capt. Tomlinson, he declared that he had been acquitted because there was no evidence against him, and in nowise on account of any flaw in the indictment. He added, that the person by whom the vessel had been repaired, happening to have a sledge hammer in his hand, desired another person to sign for him; a practice very common with that individual.
Mr. Crokerdid not pledge himself to the fact of the conviction of Tanner but with respect to capt. Tomlinson, he was unquestionably acquitted in consequence of the flaw in the indictment, and not upon the merits of the case. It was true that he had been promoted, and that the promotion had taken place after the occurrence alluded to, but before it was discovered.
Mr. Broughamwished to know whether capt. Tomlinson had not been lately appointed to a command of the Sea Fencibles?
Mr. Crokerreplied, that not only had no such appointment taken place, but that there had been no Sea Fencibles for the last two years.
Sir R. Bickertonstated, that at the trial, capt. Tomlinson's case was not entered into.
The Motion was then put and negatived.

NOTTINGHAM PEACE BILL.
The report of this Bill was brought up. On the motion for recommitting it,
Mr. J. Smithtook the opportunity of correcting a statement that had gone abroad respecting the mode of payment to the Nottingham manufacturers by their employers. It had been stated that he had said one of the causes of the disturbances arose from the masters paying their men not in money, but in goods. That practice was adopted not by the great body of the masters, but by the lower classes. In the statement going forth as it had done, unexplained, reflections were thrown upon the opulent part of the manufacturers, which he never intended.
The House then went into the Committee.
Mr. Secretary Rydersaid, that since the Bill had been last before the House he had received several communications, which had made it advisable to extend the provisions of the Bill to the whole kingdom. The Bill had been, in consequence, new modelled in many parts, and in that state was submitted for discussion to the committee.
The several clauses went through the committee, and the House resumed.