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the preceding year. The excess was occasioned by a transfer of certain articles to this head from the extraordinaries; by a charge of 170,0001. prize money, 200,0001. for foreign services, an addition of 13,000 men, amounting to 40,0001., and 50,0001. for magazines; floating powder magazines having been found neither so safe nor so useful as magazines on shore, and eventually more expenMarch 15. sive. The ordinary esti

mates of the navy amount ed to 1,578,4131.; the extraordinaries, to 2,046,2001.; the estimates for victualling the army at outports and foreign stations, to 1,113,8941.; the transport service, including expences for sick, and wounded, and prisoners, to 4,062,9991. Mr Bankes complain ed, that these estimates had increased between one and two millions; but Mr Yorke replied, that, if he would look into the details, he would find that the increase was not more than 306,0001. Mr Huskisson wished to know how far the system had been acted upon of transporting soldiers in ships of war, a system which had been lately introduced, and which possessed the most essential advantages over the old method. He asked also, if we were not increasing our naval force at a time when it was sufficiently powerful. To the first of these questions Mr Yorke replied, "that, whatever might be said, on the score of economy, against employing king's ships as transports, the advantages of safety and expedition arising from the system were such, that it was being constantly enlarged upon. We had at present two two-deckers and twelve large frigates employed in this manner, in which, within the last year, 10,000 infantry had been transported. It was now regularly asked when a ship was paid off, whether it could go to sea again as a ship of war; and if not, whether it would make a troopship, and at what expence. Many diff

culties, which formerly stood in the way of this system, were got over; he trusted that they would never be renewed; and he could not see why they might not continue to extend the principle." To Mr Huskisson's second question, why, in the present reduced state of the enemy's navy, it was necessary to keep so many ships ready, the first lord replied, "that we were compelled to keep up our numerical superiority, because it was necessary to be at all times prepared to face the enemy in all parts of the globe, and to be ready to meet and crush his squadrons whenever they appeared. The plans of Buonaparte, for establishing a formidable navy, and the extent of his means for effecting it, were always to be borne in mind. He had already 54 ships of the line ready for sea, or nearly ready, and 44 frigates. In addition to these, according to the most accurate accounts we could get, he had building, and in ordinary, 46 sail of the line; which made the total of his navy amount to 110 ships of the line, and 44 frigates,-a prodigious force, when the point to which it was directed was taken into consideration. The number of our own ships in commission did not exceed 100 ships of the line, including sixty-fours. The ships in or dinary would be greatly diminished. An order had been given to break up the ships of war, frigates, and sloops, that could not be put in repair, as it was the worst policy to keep such by in ordinary; but when new ships could be laid up in ordinary, and sea soned before they went to sea, it did them infinite service. The ships to be launched were intended to be so laid up, and when the time came at which it would be necessary to reinforce the British navy, it would be so reinforced as to maintain that superiority which was necessary to the vital interests of the country. We ought not merely to have a numerical superiority, but

such an imposing superiority, that the enemy could not even hope for success, or if he did entertain such a hope, our power should be such as to crush it at once."

Admiral Harvey rose to give his opinion in favour of the use of king's ships, instead of transports. If they cost three times as much, he said, they were still ten times as cheap. We had a proof of their superiority lately; some men of war went out while our transports were weather-bound at Falmouth, and before those transports could sail, we had information that one of the ships had entered the Tagus.Sir C. Pole said, he had never heard so clear and satisfactory a statement as that which the first lord had laid before the house: increase of expence was not to be avoided, but every increase carried with it some adequate public benefit. He hoped the plan for improving Plymouth Sound would shortly be acted upon, as it was most essential that something like good anchorage should be afforded to the convoys which assemble there; he hoped also that something would be done toward the long-talked of harbour at Northfleet. At present we had no place to receive the ships which came in from all parts of the world, and in the present state of Europe such a place ought to be regarded as a sine qua non. Mr Yorke replied, that the plans respecting Northfeet, and the breakwater at Plymouth Sound, were under consideration, and the result was likely to be favourable to their adoption. He thought it highly desirable to have some depot for shipping in the Thames, but he was Hot prepared to say that we ought at once to go to the extent of the plan proposed. It might be begun on a great general plan, and carried on by degrees, as the circumstances and means of the country would admit.-In the course of the evening Mr Croker rose to explain one item of the estimates.

The salary of the first lord was not what it there appeared to be; for Mr Yorke, in consequence of his holding a tellership of the Exchequer, had declined taking the full salary, and given up annually 30001.

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Sir C. Pole complained of the delays and abuses of the Court of Admi ralty. To exemplify this, in one instance out of many, he said, that the blockading squadron, under Lord Duncan, had, in 1799, captured several ships which were acting in defiance of the blockade, and the proceeds of those ships were not yet distributed. This brought forth a long explanation on a subsequent night from Sir W. Scott and Mr Rose, March 22. "Claims to the ships in question had been put in by persons residing in Silesia, Bohemia, Trieste, and Fiume, and much delay was occasioned by investigating their claims nevertheless, the investigation commenced about the end of 1799, and the final adjudication of all claims took place in May 1801. The money was left to be distributed, and if the agents did not act properly, it was not the fault of the Admiralty Court: the agents were employed by the parties themselves, and the court had nothing to do with them. After the condem nation of the vessels, a question arose as to the persons entitled to the benefit, and this was referred to the Court of Appeal; and the Admiralty had no more to do with the delays which oc curred there, than the Court of King's Bench had to do with the delays which. might occur with the writs of error carried up to the House of Lords. Meantime, the money, which had been. all the while at interest, was vested in Exchequer bills, with the consent of all the parties concerned." Sir C. Pole replied, "that he hoped this explanation would be satisfactory to the country, but it was not so to him; for no explanation could be satisfactory in

accounting for a delay of twelve years. This delay he stated as a grievance, which ought, with many of the same kind, to be inquired into and corrected; he did not make it a charge against the right honourable and learned judge of the Admiralty Court, nor did he state it, either in tone or temper, as such; but as one of those evils which called aloud for remedy. This he had done, and this he would do over and over again, there or elsewhere, without the smallest hostility against any man.'

Mr Rose said," that if the honourable admiral thought the interests of the navy were neglected, he trusted he should, in a few minutes, prove the contrary to be the fact. Since the passing of the act, in June 1809, nine thousand cases had been made out under his immediate direction, and so arranged, that if any person, belonging to any ship, applied to him respecting the prize money to which he might think himself entitled, he could in one hour let him know when the prize was condemned, what was the amount of his share, and give him all the requisite information on the subject. Six hun dred of these cases had been made out by himself. Their amount in money was 4,000,000l. sterling. He had exerted himself to the utmost to benefit the captors, by putting their money out to interest, and relieving them from the extortion of agents. The annual captures amounted on the average to 1,000,000l. In the course of the war, therefore, they were 7,000,0001., of which but a small part had been out at interest for the captors. Five millions four hundred thou sand pounds had been put out to interest by the agents for their own benefit. One agent alone had had as much as 300,000l. out at interest to his own advantage. This had been put a stop to, and the benefit transferred to the captors. In the charges of agents accounts, he had saved

12,0001. per year to the captors. He saved them 50,000l. per year salvage. He had most anxiously laboured to promote the interest of the navy in every respect. Therefore he felt hurt, when he found that, notwithstanding all he had done, insinuations were still thrown out, that the welfare of the navy was not attended to. He hoped the gallant admiral would not say that which might tend to raise a clamour among the lower classes in the service. When such statements were thrown out, the persons conceiving themselves entitled to prize money were so inflamed, that it was impossi"ble to make them listen to the true state of the case. They might reason with them to all eternity without effect. He was conscious their claims had never been neglected; and he thought the gallant admiral could hardly name a sailor, or a sailor's father, mother, or relation, who had written to him without obtaining prompt attention and a proper answer. If they were in London, his doors were always ready open to them, and he saw them himself, heard their complaints, and gave them all the information in his power. They were, however, so very difficult to convince of that which was right, after such statements as those which he had alluded to had gone abroad, that it was most desirable such should not be made upon slight grounds."

Sir C. Pole replied, that in bringing these subjects forward, he had no other motive than his country's welfare; "and," said he, "it is of the highest importance to the existence of this country, that the fleet should have no just cause for dissatisfaction. Those gentlemen who are in the habit of considering how much more numerous the governed are than the governors, will think with me, that it is as well that public opinion and justice should be with us; and do those gentlemen flatter themselves that the sailor is igno

rant of the delays, and of the evils and injustice which usually attend delay? Do they think I am betraying a secret? They know but little of the class of men I allude to, if they do suppose this to be the case. The right honourable the treasurer of the navy hath thisnight developed abuses, hath stated frauds and impositions on the British seamen, such as were never before detailed to this house; and will the committee shut their eyes to them? Are they prepared to say, the seamen have not had cause of complaint? It is immaterial to my present view of the question, whether the cause rests with the agents or with the Admiralty Courts. The interests of the seamen are neglected; and my opinion still is, that the fault lays with the court; but the evils exist, and ought to be cured." Mr Stephen said, "that considering the consequences which might result from precipitate charges of this nature, he wished Sir Charles had seen the propriety of making inquiry before he brought them forward in this public manner. It ought to be recollected, that all these charges were conveyed to our seamen, well meaning men, but of warm passions, and in some instances, too, no doubt, but ill informed; and as it had been emphatically said, that a rot might be produced in the wooden walls of Old England, he hoped in future the honourable baronet would take care to inquire; otherwise he might do more harm than all his gallantry and services would suffice to repair or compensate." Sir Francis Bur. dett replied, "that it would not be easy, perhaps, to persuade gentlemen of the learned professions of the evils of delay; but while such ruinous delay existed, what was it to the navy that the judge of the Admiralty was of such distinguished ability, and so free from blame? For the delay of twelve years, perhaps, in reality nobody was to blame, and certainly he imputed blame to no one. The coun

try was, however, greatly indebted to persons, who, like Sir C. Pole, exposed themselves to obloquy by bringing for ward grievances; whether those grie vances were real or imaginary, it was generally seen that some amelioration was the result of the inquiry, whoever might afterwards take credit for the good that was done."

June 6,

Sir Francis spoke truly, when he said, that these evils might exist, and yet no blame attach to any person; the endless procrastinations and expences of law are of this nature, and great evils assuredly they are. Lord Cochrane pursued the subject. He produced in the house the copy of a proctor's bill from Malta, which measured six fathoms and a quarter. "This proctor," he said, "acted in the double capacity of proctor and marshal; and in the former capacity fee'd himself for consulting and instructing himself as counsel, jury, and judge, all which he himself represented in the character of marshal; so that all these fees were for himself in the one character, and paid to the same himself in the other. The flagrant abuses in the Vice-Admiralty Court at Malta would astonish all who heard them. As one instance, he stated, that, on the taxing a bill, the court deducted 50 crowns, and charged 35 for their trouble in doing it. A vessel was valued at 8608 crowns; the net proceeds amounted to no more than 1900; all the rest had been swallowed up in the prize court. Captain Brenton sent in 13 small vessels, and a charge of 3767 crowns was made for condemning them; this occasioned a severe remonstrance on his part, upon which the judge deducted 3504, and was glad to accept 263, rather than that the business should be brought forward in England. He himself complained once to the Admiralty here of exorbitant charges in this prize court, and the opinions of the, attorney and

solicitor-general were put into his hands, purporting, that he must apply to the judge at Malta. He wrote to the judge accordingly, and the judge referred him to the proctor, saying he did not chuse to enter into private correspondence with suitors in causes before him. He then wrote to the proctor, and the proctor sent for answer, that it was unprecedented to require that a bill should be taxed, which had been paid so long ago as 1808; so that he thought his having got the money a good reason for not parting with it. Lastly, he wrote again to the judge, and got no answer; and this was the redress which he had found in the quarter where the crown law-officers had advised him to apply." Lord Cochrane, after this statement, moved for certain papers, which, he said, would prove that the judge, the marshal, and the register of the Vice-Admiralty Court at Malta, had abused their offices. Mr Yorke replied, that the "statement which his lordship had laid before the house seemed prima facie to support his charges. Many of the papers for which he moved must be brought from Malta, and the investigation, therefore, could not take place this session; but some reform might be necessary in some of these departments, and he hoped Lord Cochrane would persevere in his purpose, if he found just ground; for it was highly proper that a remedy should be applied to these evils, if they existed." Sir John Nichols, the king's advocate, agreed with the first lord, that the case called for inquiry. "The Admiralty Court here," he said, "had no authority in matters of prize over that at Malta, from which the appeal lay to the king in council. He had every reason to believe that the judge of that court was a man of talents and integrity; he was absent, and he was a judge, and no prejudices ought to be admitted against him till he had an opportunity of being heard in his defence. The regulation

of the fees had probably been left to him; because he could hardly have any interest in augmenting them; for he was only entitled to 20001. a-year out of them, and they could hardly fall below that sum."

That great and grievous impositions are continually practised in prize cases, especially in our foreign possessions, is too notorious to be denied; but Lord Cochrane was a man, who, when he felt these grievances, or thought of them, could not repress his indignation; and thus setting out with good intentions and a good cause, in the progress of the business he generally contrived, by his precipitance and intemperance, to put himself in the wrong. "Three years had passed," he said, "since he memorialed the Admiralty on the subject of his own dispute with the court at Malta, and therefore he could not be accused of precipitation." Yet what had Lord Cochrane done after his last ineffectual application to the judge at Malta? He went to the court-room of the Vice-Admiralty, for the purpose of comparing the charges in his bills with the table of established fees, which, according to act of parliament, "should be suspended in some conspicuous part of the court." After looking for it in vain in the court, and in the registry, whither he was first directed by his majesty's advocate, he was told, that he might see it affixed on a door leading to the adjoining room. The table was certainly not in its place; but it was as certainly not concealed, as Lord Cochrane complained: it was accessible, and he might have collated the charges with it, as he was entitled to do; but instead of this, he took it down and carried it away. This being, of course, considered as a contempt of court, the judge sent him a monition, requiring him to return the paper, or suffer the consequence: he did not comply, and the deputy-marshal was then ordered to arrest him. Lard

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