and has ever since been confined for subsis tance to the mere gaol allowance. That your petitioner is now very infirm, and of the age of 52 years, thus oppressed, untried, and unheard.-That your petitioner humbly to take his case into its consideration, and grant him such redress for the heavy calamity he has sustained in the loss of liberty and time, of health, reputation, and pecuniary credit, as to its judgement and benevo lence may seem meet.-Your petitioner will ever pray." Mr. Fox was sure if the facts alledged in the petition were true, and he had every reason to believe them so, that no good disposition towards the people of Ireland, no character of humanity in the Irish government, could secure individuals from hardships arising from the exercise of the unlimited power with which that government was invested. It was not necessary at this time to go into the case at large, nor was it necessary that the facts alledged in the petition should be true in their full extent (though he believed them to be true in their full extent,) to shew the extreme hardship the petitioner endured, it was generally stated, and he believed it was not denied any where, that an offer had been made to this gentleman to be at large in England if he pleased to accept his release on that condition. This offer was a proof that nothing could be urged against him amount [PETITION OF MR. TODD JONES.] Mr. Fox presented a petition from Mr. Todd Jones, confined in Cork gaol, complaining of various hardships. The petition is as follows: To the honourable the commons in parliament assembled, the humble petition of Wil-prays this honourable house would be pleased liam Todd Jones,-Sheweth that your petitioner was arrested in the county of Cork, in his bed, early in the morning of the 29th of Julv, 1803, by the rev. William Stewart, lieut. Douglass, and a numerous body of soldiery, upon a warrant, as alledged, of gen. W. Mvers, but which warrant petitioner never saw. That he was detained one night in the military guard house of Bandon, and next day under a strong escort, was lodged in the south gaol of the city of Cork, upon the warrant of the mayor of Cork, which warrant your petitioner saw; that after a detainer there of 4 days, he was conveyed to the provost prison of the same city, and lodg ed in the close custody of the provost martial. -That petitioner was utterly denied the opportunity of seeing his friends, and that such as sought to see him were repelled with insult and ill treatment. That his sister made repeated applications in vain for admission to the prison; and a Mr. Goold, a gentleman of respectable character, property, and unimpeached loyalty, who hearing that petitioner was severely indisposed, called to visit him, was in consequence of his visit arrested, and detained in custody during the period of sixteen days. That some time after the coming even to the presumption of a grave offence. mittal of petitioner, he received from the right hon. William Wickham, then principal secretary to his excellency the earl of Hardwicke, lord lieutenant of Ireland, a tender of liberation, provided he would go to England and remain there at large. That your petitioner conscious of the most perfect innocence, and considering that acquiescence in such a proposal would imply guilt, respectfully declined it; at the same time tending to Mr. Wickham the most ample satisfaction that an unreserved examination on oath could afford, and intreating a speedy trial.-That your petitioner has remained ever since in close custody, now for 20 months, sustaining all the rigour of a military provost, and added to them, the unwholesome dampness of a new, undried and unfinished edifice, to the mate rial injury of his health.-That the creditors of your petitioner, induced by the conclusions they drew of his danger or guilt, from 30 rigorous an imprisonment, and his total seclusion, by order of the general, from them and all his friends, came down upon him at once with their demands-to satisfy which he relinquished to them his moderate income; VOL. V. It was hopeless to propose to the house to go into any inquiry into the circumstances of this case. He should only move, that the petition do lie on the table, and he recom ended to his majesty's government, and if he could he would recommend it also to the lord lieutenant of Ireland, to look into this gentleman's case and situation; and even though the allegations of the petition should not be accurate, to consider whether it was warrantable to continue the hardships under which he laboured. He understood that Mr. Jones's health had suffered material injury, and whatever offence might be imputed to him, that was deserving of material considetation. He hoped those who had it in their power to give redress would give attention to this as well as to the other circumstances of the case. Mr. Sheridan declared that the case now submitted to the house was one of the most extraordinary hardships and oppression under which he ever knew an individual to labour in this empire. He knew that a great part of the allegations were true, and therefore he could safely take upon him to recommend it 2 T to the right hon. gent. opposite (Mr. Pitt) to take it under consideration. That right. hon. gent. would feel himself called on, particularly in this instance, as the transaction had originated during another administration. Mr. Vansittart declared, that he knew no thing of the particular hardships that were complained of in the present case-But he had no doubt that when the whole matter came to be fairly investigated, the Irish government would stand acquitted of any charge of severity or oppression.-The petition was then ordered to be laid on the table. [NABOB OF OUDE.]-Mr. Paull rose and said, that as he had stated on Tuesday last, when he was honoured with the attention of the house, the nature of the charges against lord Wellesley, he should not on this occasion occupy its time. The titles of the papers would shew their importance, and how they bore on one of the articles of charge; in fact, they were rendered indispensable from what fell on Tuesday from the friends of lord Wellesley. He moved for the following papers: a copy of the minutes appointing major John Malcolm acting, and afterwards confirming him in the office of private secresary to the governor general, Marquis Wellesley, in the room of the hon. Henry Wellesley, nominated lieutenant governor of the ceded provinces;' also, copy of the minute appointing capt. Shaw to succeed maj. Malcolm in the situation of private secretary; with the sums drawn for salary or establishment by those officers respectively; specifying the dates of such payments; also, copy of the accounts of all sums drawn for salary or establishment by the hon. Henry Wellesley whilst lieutenant governor of the ceded provinces; specifying the dates and places of payment, and the authority by which such payments were made; including the amount of sums drawn as secret service money, and other items under the head of Durbar charges; also, a list of the appointments of officers, civil, military, and medical, attached to the office of lieutenant governor, whether as secretaries or assistants, or as commanding the body guard, their salaries, where payable, and the authority for such payments;' also, copy of all orders from the court of directors or secret committee, (during the marquis Wellesley's administration,) to the Bengal government, prohibiting the employment of persons not in the service of the company, excepting certain offices, about the person of the governor general:-As far as these documents can be disclosed without prejudice to the public service. Mr. Wellesley Pole said, he could assure the hon. gent. that Mr. Henry Wellesley never drew one sixpence of the public money, from his departure from Calcutta to this moment, but his own ordinary allowances, and that he never disposed of a penny in secret service, nor did any of the public money pass through his hands; and as to his present ap pointment as governor of the Oude territory, it was merely provisional, until the pleasure of the court of directors should be known. Mr Paull in answer to what fell from the hon. relation of lord Wellesley, said he would content himself with observing that when the papers were produced that hon. gent. would find himself mistaken. He hoped no unnecessary delay would take place in the production of the papers; he wished members to be in possession of them before the parliament separated, that hon. gentlemen might make up their minds before their next meeting, He trusted and hoped that some person of greater talent than he pretended to, would be found to take up this important business, and do it justice; but should that not be the case, he pledged himself, however. inadequately he felt for such an undertaking, to bring it again before parliament, early in the next session. The papers moved for by Mr. Paull were ordered to be laid before the house. Lord Castlereagh moved, that there might be laid before the house a copy of a letter written from the secret committee of the court of directors of the East India com pany to the Bengal government, dated 19th November 1803, upon the subject of the treaty with the Vizier of Oude, dated 10th November 1801.-Ordered. [AFFAIRS OF INDIA.] Mr. Francis called the attention of the house to the state of the communication between the different presidencies in India and the court of direc tors, or their secret committee, which is the only lawful medium for official communications between England and the company's set tlements in India. As far as he knew at present, we had not any communication in existence. He understood, indeed, that there was not to be any budget this year; and ac cording to lord Castlereagh, it was possible that the dispatches might have been intercepted by the French. It was also possible that they were not ever sent, because they might terrify those who were most deeply in terested, and who now were unacquainted with the state of our affairs in the east. asked if it was right that information should be withheld from parliament and the public, which was in the possession of the french? we were now in June 1805, and yet we had He not bound by the act of 1793 to pay, unless net proceeds of their revenue, &c. should be something beyond the extent of half a million. And making allowance for the expence of near a million annually, which every European war brought on them. it was to him rather a matter of surprise that so much had been already paid to the public by the hon. company. As the noble lord did not state any objection to the production of the papers moved for, the motion was immediately agreed to. [SMUGGLING PREVENTION BILL.]The order of the day being read for resuming the debate on the smuggling prevention bil!, so far as concerned the islands of Guernsey and Jersey, The Chancellor of the Exchequer proposed an amendment, which he hoped would do away the principal objection offered to the bill last night, by recognizing the internal jurisdiction of those islands, and clearly en not any statement of receipts or disbursements from India later than March 1803. One reason most probably was, that the debt in India was nearly doubled, by means of the system of aggrandisement upon which they seemed to act. However, it had been stated by the directors, that, notwithstanding the additional imposts which have been laid on their articles of merchandise, the trade of the company during the last war had flourished beyond example. But with such a flourishing trade on one side, and the vastly increased territorial revenue of from 10 to 15 millions on the other, they have not been able to make so inconsiderable a compensation to the public for the renewal of their charter for twenty years as half a million per annum. This general outline of the appearance of their finances may in some measure account for the want of present information, in the hope that something more favourable may happen which would change the aspect of their affairs. Such a line of conduct, how-acting, that crimes against this bill, commitever, in his opinion, ought not to be sanction- ted within that jurisdiction, should be tried ed by parliament, and he thought he should there; referring, however, any decision with do his duty as an independant member of respect to seizures of contraband goods, to that house by endeavouring to obtain for the the tribunal in England, where all such queshouse and the public such information as ap- tions must be referred, namely, the court of peared to him to be at present most immedi-exchequer. Still, however, he apprehended ately wanting. He therefore moved that there were many precedents to uphold the there be laid before the house an account of right of trying persons in England for crimes But without the dates of the latest dispatches received committed in those countries. from the government of Bengal, in the poli- at all pressing that right now, he wished to tical or general department; and also an ac- consult the feelings of the inhabitants of both count of the dates of the latest dispatches islands, and to urge nothing unnecessarily; reveived from the several presidencies in but as to the right of legislation for those India, in the revenue department, and inclos-islands, the precedents he named last night ing the annual accounts of the receipts and placed the question beyond all doubt. The disbursements of the said presidencies respec- right hon. gent. concluded by moving his clause. tively.' by which the island of Guernsey was allowed to legislate for itself; he therefore thought it necessary that matters should be examined into, before the bill would become a law. He allowed that it could not be disputed, that smuggling was a very great evil; but then it was carried on from many other parts besides Guernsey and Jersey, so that, even though this bill was passed, the smuggling trade would be as extensive as it was before, and these people would be dissatisfied and discontented, conceiving that their rights had been encroached upon. Lord Castlereagh said the hon. member Mr. Grey said, that counsel had been heard must be aware that it it was impossible that at considerable length against this bill, and the expences of the one war (that with Hol-that they had produced a number of charters,' kar) to which he alluded, could have nearly doubled the debt of the company. The cause of the want of intelligence from India he could not positively explain; but as far as reasonable conjecture could lead him, he had stated on a former night, namely, the probability of those dispatches being on board the packet which had been taken in the gulf of Persia; this idea was strengthened by other dispatches from marquis Wellesley, making a reference to former dispatches which are known not to have been received. But the hon. gentlemen had entered more minutely into the discussion of the state of the company's affairs than he should think it necessary at present to follow or to answer. But he must observe that the company were Mr. Sturges Bourne was confident, that when hon. members talked of a trivial or partial evil, they could not be aware of the enormous extent to which the revenues of this country were injured by the smuggling trade from those islands. He was almost afraid to state it with any hope of credibility. It was a loss to be stated rather in millions than in thousands; estimating it at the duties payable on foreign spirits, it was at least from five to six millions; and at the rate paid on British spirits, from three to four millions annually. Surely, then, this was an object of importance, as well with respect to revenue, as to the protection of the fair trader. Mr. Windham said, that from the arguments of counsel, it certainly was a doubtful question, whether this country had a right to legislate for Guernsey and Jersey, or not; he therefore thought it was most important, that an investigation should take place. There were also many reasons could be urged, which placed the bill in a very questionable point of view: one of which was, that it was to last only during the war. He hoped, therefore, for these reasons, that the measure would be well considered. vessels having liquors on board in contraband packages, and found hovering or sailing to and fro, and not proceeding on their voyages wind and weather permitting. But with re spect to the argument of the independence o those islands upon the realm of England upon the ground that they were annexed to the crown of England by the Norman con quest, as an inheritance of the duke of Normandy, he begged to remind gentlemen how that fact stood: Robert, duke of Normandy, quarrelled with his brother Henry the First they went to war; Robert was conquered and his dominions, by right of this new conquest, annexed to the British crown: so that there was an end to any claim of independence on that ground,-The clause was then brought up, read, committed, agreed to, reported, and added, by way of rider to the bill, which was read the third time, passed, and ordered to the lords. [CASE OF COLONEL COCHRANE JOHNSTONE.] General Fitzpatrick.—I rise, sir, to mention a subject on which it is my intention hereafter to submit a motion to the house; and I wish to take the present opportunity of doing so, because it relates to that military administration which is to form part of the business of this day's discussion. The present advanced state of the sessions will motion, though I wish it much. It is, however, a subject of such extreme importance, that it is necessary for me to take some notice of it. The house may be assured I shall state it in form on a future occasion, and as early as possible. The subject consists of a very gross and alarming evil; one which, I Dr. Laurence expressed his apprehensions of the mischiefs to which this country would be exposed under the operations of this act, in the latitude it gave to our commanders to 'visit all vessels found cruizing out at sea, within two leagues of those islands, and seizing such as they should think fit to deno-prevent my being able to bring forward any minate hovering smugglers. Was it not ob vious that, in time of peace, numberless vessels, under neutral colours, would, in the course of their voyages to other ports, pass inadvertently within the limited distance of those islands? Might they not be driven there inevitably by stress of weather? And would it be reasonable that every ship in such cir-apprehend, has but lately crept into the adcumstances, freighted in a manner not conformable to this act, with which they had nothing to do, should be seized as a lawful prize, and carried to the next port, and their Owners involved in tedious law-suits, loss, inconvenience, and vexation? Would it not amount to a declaration of war upon all nations whose vessels might thus fall within the grasp of our cruizers for an extent of three hundred leagues of coast? If for no other reason, then, than the risk to which it would expose this country in quarrels with other nations, he should deprecate the bill as it now stood. ministration of the military law of this country. I trust, the practice to which I allude is an innovation of not many years standing. I am informed it is. It respects the execution of the duties of the office of judge advocate general of the army. I find, that under the present practice there is in the office of judge advocate the assumption of a power which I conceive is not consistent with that office, and not warranted by the laws and constitution of this country. Every gentleman who hears me knows how great the extent of the royal prerogative is with respect to the military government. Every one The Attorney General answered, that the knows the power of his majesty to dismiss, designation of ships so seizable was not left without a court martial, any person who so loose in the bill, as to give an opportunity bears a commission in the army. I should for such consequences as those stated by the be the last man to call in questson the royal hon, and learned gent. The principle of the prerogative, but I am sure no man will conbill was nothing more than that of the hover-tradict me when I say, that a prerogative of ing acts, as old almost as the revenue itself: such extent ought to be exercised under the advice of responsible ministers. The law of Before I enter upon the discussion of the to pics connected with the motion of which E have given notice, it is perhaps natural for me to say a few words respecting the time at which it is introduced: and certainly, sir, I do feel that I should have great reason to apologize to the house, if I was conscious that any neglect or remissness on my part had been the cause of postponing to so late a period of the session, the discussion of a subject, which, in my opinion, is, beyond all others, the most important that it is possible for parliament to deliberate upon. But, sir, I am not conscious, and I hope the house will acquit me of any such culpable neglect. My absence from parliament in the earlier part of the session was occasioned by a circumstance which, if I was to explain it, the house I trust would have the good nature to After my re turn, I lost no time in giving notice of this motion, and in calling for the papers that appeared necessary to the investigation of the subject. The production of these papers has been attended with delays far beyond what I had any reason to expect. Some of them, which were not printed till Monday, were then found to be incorrect; and other ne this country enables his majesty to appoint courts martial for military offences. The law places in his majesty the right of confirming or remitting their sentences, but I do not believe that the law or the constitution of this country could ever intend that the officer of the crown, in the exercise of such a prerogative, should be the judge advocate of the army.. I believe he is at present the sole adviser of the crown; I believe that this practice has prevailed only during a part of the time the right hon, baronet has been in possession of it. Formerly the transmission of sentences of courts martial was through the office of the secretary at war. The secretary at war of course became responsible for the advice he gave. With respect to his decision, I am not sure that I think that was sufficiently solemn for a decision on so im-admit as a sufficient excuse. portant a point. I cannot conceive why the lives, fortunes, and characters of his majesty's military officers should not be entitled to as solemn a consideration as those of every other subject in the country. Every one knows that those important concerns, as they affect other classes of his majesty's subjects, are decided by his majesty in council. I think the same solemnity ought to be ob-cessary documents were not laid on the table served with regard to the sentences of courts martial; but that will be a question for future consideration. That this practice does prevail, and has been attended with great hardship to individuals, I shall be enabled to shew in a case that has lately occurred, and has spread the greatest alarm throughouted by any fault or neglect of mine, I do not the whole army: I allude to the case of Co- the less sincerely lament them: for even if lonel Cochrane Johnstone, a gentleman who, my first object, namely, a committee of the after a trial by a court martial, and an ho- whole house to examine into the state of our nourable acquittal, has, at the instance of military establishments, should now be atthe judge advocate, been exposed to the pe-tained, it could hardly be expected that, nalties and punishment attendant upon guilt. without protracting the session far beyond This is what I shall submit to parliament. Iits expected duration, it should immediately am aware that an appeal from the sentence of any court martial to this house is a delicate question; but in the present case the appeal is in favour of the court-martial, and seeks redress against the effects of undue influence. I beg pardon for dwelling so long on the subject. I have risen to give this notice, and I shall bring forward the motion early next sessions. It will consist of two branches; one will be a complaint against the exercise of the office; the other will refer to the means of defining the power of the officer, and will suggest some provisions as to the manner of his conducting himself in future. STATE OF THE ARMY. Colonel Craufurd rose to make his promised motion, and spoke as follows:-Sir, till the day before yesterday. Without, therefore, imputing blame to others, I have a right to assert that none can be attributed to me. But although I am conscious that the very long delays and frequent postponements of this motion have not been occasion produce the whole of those beneficial consequences which might have been expected from it at an earlier period of the year. Many important reforms and improvements might, however, be introduced into our mi̟litary system even during the present year, without any materially inconvenient protraction of the session; although to remove all the defects which I think I see in it, and to introduce all the improvements which appear to me to be necessary, would certainly be a work of considerable time, and one that would require all the collective wisdom of the house. The house indeed has lately been told, though I own it was rather in a sneering manner, by a right hon. gent. on the opposite side, that from me they might expect this |