vantage to the public, acquired additional in a state of dependence on his majesty's means of paying his debt; and he put it to ministers. The commission was appointed the candour of the hon. mover, or of any to make suggestions to government, and hon. gent. near him, whether in a case of might they not have to report on such parts such misfortune, it would have been right as some at least of his majesty's ministers to press him rigorously. The sums he had might be no friends to? However that might acquired by his employment had been ap- be, he was sure that no man in a state of plied, not to his use, but to pay off his ar absolute subjection to the power of mi rears. Upon these grounds, he saw no rea-nisters, could report with that sturdy in sou of complaint against the present, or any dependence which ought to characterize the former government, for having employed conduct of a public reformer. He had not this gent. nor any ground for parliamentary the honour of being acquainted with Mr. interference. They all knew the amount Fordyce, but he had no doubt of his being of his debt in 1797, and nothing was so a gentleman of talent, ability, and merit. easy as for any member to move, that there He thought the house ought to be obliged be laid before the house an account of the to his hon. friend for having brought for amount of the sums that had been paid, of ward the business. Neither had Mr. F. the steps that had been taken, and of the any reason to complain that the subject was sums now due. After which it would be agitated, inasmuch as it gave him an opporcompetent to move for an inquiry, if any tunity of making known those favourable gent. should think it then necessary. He circumstances of his case, which were unshould himself move for these documents. known before. Whether the facts should The 14,000l. ought not to be charged to be laid before the house by motion, or ascer Mr. F.; and as to the other failures, there tained by the inquiry of a commitee, were effects that would be finally available. amounted to the same thing; he should Mr. F. too had an estate in the island of therefore not differ from the opposition of Grenada, which yielded 200 hogsheads of the right hon. gent. opposite. He was insugar, annually, and would have been snb-clined to agree in the opinion, that the ject to his arrrears, till the calamity, which case of Mr. F. was a case of pure misforhad called for the indulgence and aid of tune. He had himself a recollection of the parliament in favour of the sufferers. The estate was now likely to be productive, but this circumstance entitled the hon. gent. to the forbearance of government. As to the appointmentof Mr. F. on the commission, it had been at the desire of sir C. Middleton, with whom he had acted as comptroller of the navy, and every one would bear testimony to the merits and abilities of that hon. bart. The object of the commission was to form a digest of the regulations of the different royal yards, and they had no discretion or power to obstruct any reform, and he looked upon it as no proof of hostility to any practical reform, that the hon. bart. who had first suggested the naval commission, was appointed to the royal commission. After a few other observations relative to the reports not having been followed up by any further measures, the right hon.gent. concluded by declaring that no parliamentary ground had been laid for the motion.

Mr. For begged to have it understood, upon what ground he did not wish the gentleman who was the object of the motion of his hon. friend, to have been employed. It was not because he thought him unworthy to be trusted, but because he was in a situation of misfortune, and therefore

failure of the first Agent, Cockburn, who had been so strongly recommended to Mr. Fordyce, and the result of his recollection was, that it afforded a case of very strong equity in favour of Mr. F. As to the case of Mr. Fordyce, the banker, his failure was a misfortune of such an extent, as to produce an effect really astonishing. It would be rather surprising how he should be able to speak to the circumstances. He had accidentally happened a few days back to read over the copy of letter from Mr. Garrick to a friend of his in the West Indies, in which it was stated, that the receipts of the theatre had materially fallen off in consequence of the widely diffused effect of the failure of Mr. Fordyce. If the effect of that failure was so great that the pleasures of so great a part of the public were depressed by it in so perceptible a degree, he did not wonder that a person in Mr. For dyce's situation suffered by it so materially. It appeared further, that Mr. F. constantly exerted himself to make good his defici ency, but that the circumstances of the times, particularly, the unfortunate circumstances respecting Grenada, had prevented his arrangements from proceeding in the manner that was to be desired. From what

"

was stated, there was reason to believe that in the process of time every thing that could be wished would be done. It was therefore for the benefit of the public that no interruption should be given to Mr. F's management of his means of clearing off the arrears. The facts, however, ought to be laid before the house in a parliamentary way. The right hon. gent. had stated the facts clearly, and promised to produce the documents; when they were produced, the house would be enabled to judge of what was now but matter of belief and of opi

nion.

The Chancellor of the Exchequer, in explanation, stated that Mr. Fordyce, as a member of the last commission, did not act generally, but specifically, with the view of applying the best remedies to existing abuses in the naval department. This appointment he had received from the knowledge of the former beneficial exercise of his talents in the same branch of the public service.

of; that increase was owing, however, to wise acts of parliament, and the falling in of old leases granted by the James's and the Charles's.-The right hon. gent. had held out splendid promises to the house, of the repayment of what Mr. F. owed to the public; but there was no reasonable prospect of their being realized. After the report of the Finance Committee in 1797, the public were led to believe, that before this time the incumbrances of Mr. F. would have been removed. The fact was, however, that after the lapse of eight years, the debt was as considerable as when the report he had alluded to had been formed. Conceiving, then, that this was a subject highly fit for the interference of the house, he felt himself called on to support the motion of his hon. friend.

Mr. Creevey, however, on understanding that the chancellor of the exchequer would himself move for the information on the subject, consented in the mean time to withdraw his motion.

The Secretary at War thought himself called upon to state, that sir C. Middleton had refused to undertake the task entrusted to this commission, unless Mr. Fordyce were also appointed on it; and this from the opinion sir C. had formed of the talents and capacity of Mr. Fordyce, in a former service in which he had been associated with him. As a proof that Mr. F. had devoted all his emoluments to the discharge of his arrear, he instanced the case of a sum of 25 or 26,000l. accruing to him, which he refused to appropriate to a provision for his large family, notwithstanding the recommendation of some of his friends, preferring to transfer it immediately to the Ex-that he would persevere în it. chequer, for the discharge of his debt.

[IRISH REVENUE BILLS.]-The Irish Excise Duty bill, the Irish Stamp Duty bill, the Irish Postage Duty bill, the Irish Malt and Spirit Duty bill, and the Irish Customs Duty bill, went through a committee.-In the committee on the last,

Mr. Foster consented, from respect to the opinion of so many Irish members, to discontinue the 6 per cent. duty on Irish retail imports. He believed, however, and expected, that on a revision of the English duties, it would be found proper to impose something of this kind in Ireland. The other tax that was objected to, the tax on timber, he thought so unexceptionably fair,

Sir J. Newport repeated his former objec tion to this tax, which he thought was calcu lated to discourage the growth of timber in Ireland, and to defeat the produce of the tax itself, by diminishing the import. The produce on the tax on windows and auctions would so far exceed the estimate, that the tax on timber would not be wanted. He therefore moved "that this tax should be

Mr. Johnstone said, that he should be no advocate for any harsh measures, unless the result of the enquiry should make it necessary; but he could not conceive how Mr. Fordyce could be justified by the failure of his agents, as there was nothing to prevent him from obtaining securities from them, previously to their appointment. In the case of an individual, the house would na-struck out.” turally be inclined to a liberality of conduct; but in matters of account, they could not do justice to the public, without, on their part, acting in the same manner which every man would do, in the management of his private affairs. Instead of 40,000l. had the treasury called on the securities, they would, by this time, have had the whole. The increase of the crown lands had been boasted

Lord De Blaquiere thought the duty just and well considered; its merits had been fully discussed, and the propriety of the tax established by a vote of the house the very night before, and he felt it rather hard that at that hour of the day he should have nothing offered him to eat but his own words, an aliment he certainly did not relish, and therefore, if it came to a discus

sion, he should persevere in his former conduct.-The question being put, there appeared for sir J. Newport's motion 34, against it 80.-Majority 55. The other items in the schedule were then read and agreed to-Adjourned.

HOUSE OF LORDS.

Wednesday, March 20. [MINUTES.-The bills upon the table were forwarded in their respective stages; among these, the Marine Mutiny bill went through a committee, and was afterwards réported; and lord Thynne's Indemnity bill was read a 2nd time. The bishop of Ox ford presented a bill to repeal so much of the act of the 9th Geo. 2d as restrained certain colleges in the universities of Oxford and Cambridge from purchasing the Advowson of Livings; which was read a first time, and ordered to be printed.-Adjourned.

HOUSE OF COMMONS.

Wednesday, March 20. [MINUTES.A new writ was ordered for the election of a member for the borough of Wigtown, in the room of Mr. Macdowal, who had accepted the Chiltern Hundreds. A list of the Reversionary Grants of offices in Ireland was presented, and ordered to lie on the table. The Hull Dock bill was read a 2nd time. On the motion of Mr. Rose, the house went into a committee on the acts relating to Foreign Ships. A resolution that the ships and inhabitants surrendering to his majesty in the captured settlements of the enemy be allowed to trade as British, according to the regulations in last war, was agreed to, and leave given to bring in a bill accordingly. Leave was also given to bring in a bill to allow neutral ships to import certain articles, for a time to be limited. The Exchequer Bills bill, and the Irish Spirit Warehouse bill, were read a 3rd time and passed. Mr. Huskisson brought in a bill for permitting the negociation of small notes, which was read a first and second time, committed, and reported.-The Irish Revenue bills were reported. Mr. Dawson moved, that there be laid before the house the number of licences for killing game issued in Ireland, since 1801, distinguishing the years, and specifying the names of the persons in each district, by whom they were taken out.Ordered.

[PRIZE AGENCY BILL.]Sir William Scott rose to make his promised motion. He began by stating, that by the law and constitution of the country, all the rights of war

were vested entirely in the crown, and no individual had any claims on account of captures; and that the rights of that sort which individuals could claim, flowed from the bounty of his majesty, and his predecessors, and immediately proceeded from the spontaneous declaration of his majesty at the commencement of every war, which not only gave to the captors a right, but which also regulates the distribution of the prizes among them. The acts, he said, which regulate this subject, respect either, 1. the persons to be entitled to the property: 2. the functions of the courts to decide on its appropriation: 3. the management of the property during the process, and the distribution of it after it has been adjudged. With regard to the first, the provisions of the act vary in their application, according to the peculiar circumstances and situation of the parties. With respect to the second, immediately affecting the constitution and dignities of the civil courts, the legislature has been extremely tender of interposing its authority, and introducing new regula tions. It has considered, that the courts of Admiralty are not restricted within the nar row limits of municipal institution: the law of nature, and of nations, is the foundation on which they build; all the subjects of fo reign states, on the general principles of jus tice and humanity, have a right to redress for injuries received upon the high seas, and look for protection to these establishments. The rights of parties grounded on these en larged principles, are not less sacred than those which are erected on the solid basis of the common law of England; and the character and honour of every country, in a great measure, depends on the regard which is paid to the just demands of individuals, placed in the most remote regions of the world. There are three modes in which the business of prize agency may be conducted-1st. by a public officer: 2d. by persons selected by parties interested: 3d. by a mixed mode, in which both these are comprised.-The mode now pursued is the second I have named, and it has many recommendations, although the trust nécessarily reposed has been liable to very serious abuses. When we consider the number of persons, respectable for their characters and for their property, who have been engaged in this business, we need not be surprised that agents of that description have received abundant encouragement. The great question is, if, under the violation of private right to which, in this mode of agency, in

dividuals have been exposed, it would be | again conceded. The object then has been, eligible that public official men should in- during the delay, to make the effects speeterpose; and in our consideration of this, dily productive, and to attend to the accomwe are naturally led to enquire into the modation of each party as much as possiprincipal matters which effect the interests ble. If security were the only object, the of the parties. First; the security of the delivery of the property into the hands of property is the great object; it is better that a public officer under the mandate of the it should be forthcoming, however late, the court, would be sufficient. In any new than that it should be wholly lost. While regulation on the subject of this question, the decison is witheld, it is material that the however prudently formed, we cannot exfund should be accumulating, for the advan- clude all inconveniences. In considering tage of those who shall be declared entitled the defects of the present system, we have to it. Should the property be invested in the satisfaction to discern, that they are neireal securities? Certainly not; because, ther great nor numerous. The late act, from the nature of those securities, it would which is the present law on the subject, be liable to be empounded a considerable contains many provisions; some of which I time posterior to the decision, when the shall shortly state, in order to shew, that the parties might want to apply the property to evils we apprehend are not gigantic and advance their interests in their own private formidable. Previous to this act, the prize concerns. If it cannot be invested in real agents gave no security for the faithful dissecurities, much less can it be dependant charge of their duties. Now they are reon the risk of personal security, or submit- quired to give security to the sum of 50001. ted to the hazards of trade; even in its ap- Under former statutes, agents might keep plication to the public funds of the state, in their own hands the monies they receivsome respect is to be paid to private opinion ed during the progress of a cause; now the and convenience, under the vicissitudes of captors may compel the agents to vest the national affairs. During one of the more proceeds in public securities, until the proatrocious periods of the French Revolution, per time of distribution. Formerly, mariif any distinction may be made in the poli-ners could only recover their shares by tetical profligacy of that republic, it was the dious proceedings in the courts of law or practice to invest one of the officers on board equity; now they may attain their right by every ship with the functions of a Judge of a short and summary proceeding in the court the Admiralty, and by this means, instantly of admiralty. Under the former acts, the that a capture was made, the prize was con- charges of the agents were not submitted to demned, and an immediate distribution was examination and controul; now they may made among the successful depredators. be inspected and reduced, when they are We are not, however, here governed by unreasonable, at a very small expence to the laws of Algerine piracy, or the insti- the parties. At this time, the agent is tutions of revolutionized France. Eng. obliged to remit the balance due on the land must act with good faith to every prizes to the navy pay-office, where, as forindividual wherever he resides; documents merly, he could retain the money in his must be procured, and all the parties must own hands. Heretofore, there was no pro. be heard. Delays have been complained vision for the payment of monies on the acof in our court, and in some respects, and count of prizes, after the appointed time of to a certain extent, they are unavoidable. such payment, so that persons absent, either To give the parties an opportunity of ap on their private affairs, or on public duty, peal is necessary, and this is one source of on their return, were frequently disappointdelay. It is well known, that the general ed of the rewards due to their exertions and law of Europe has assigned the interval of a their gallantry: now, for two days in each year and a day to the appellant. To pre-week, the office of the agent is required to vent procrastination, the term of appeal was be kept open, for the purpose of answering for some time limited to three months, but to these claims. Under the prior forms, however good the intention might be in this regulation, the legislature found it necessary to trace back its own steps. Appellants in America, in Asia, or even in the remote -parts of Europe, had not sufficient time to resist the decision they thought inequitable, and the former interval for appeals was

the prize-money was disposed of without regularity; now there must be a power of attorney for each captor. Thus it would be seen that much had been done to remove the evils, and to prevent the impositions to which a meritorious class of men were exposed. These regulations, then, deserve

HOUSE OF COMMONS.

Thursday, March 21. [MINUTES.]-Mr. Bully, from the Exchequer Office, presented an Account of the Produce of the Permanent Taxes, the progress made in the liquidation of the na tional debt, and the surplus amount of the Consolidated Fund; which were ordered to be printed.-A message from the lords stated their having agreed to Lord J.. Thynne's Indemnity, the Marine Mutiny, and some Private bills.-The Irish Customs, Excise, Post Office, Stamps, and Malt Duty bills, were read a 3rd time and passed.

the attention of the house in the formation [cise bill, the Irish Stamp Duty bill, the Irish of any new plan to counteract the disad- Spirit Warehousing bill, and several private vantages which the wisdom of parliament, bills, were brought from the Commons, and from the nature of the concern, has not yet read a first time. Mr. Alcock, from the been able to remove. One great cause of custom-house, presented an Account of the detriment has been from their ignorance of Sums in the hands of the Collectors on the the parties interested in the provisions under 5th of January last, so far as the same could the late act, which have been made in their be made up.-Adjourned. favour. If they do not know what is their situation in this respect, it is precisely the same as if no such prudent and humane regulations had been made. It is proverbial in our courts, that "the law is made for those who are awake, not for those who are asleep." It has occurred to me, as the means of preventing the mischievous effects from the ignorance and inactivity of claimants, that curators or guardians be appointed to enforce the provisions of the act. These may have full opportunities of acquiring information, and may communicate the result of their judgment on the legislative regulations, as applicable to the particular cases, to the parties themselves. This seems to [IRISH LUNATICS BILL.]-Sir John Newme to be an obvious and practical remedy port rose to submit to the house the motion for most of the mischiefs from the cause to of which he had some time since given nowhich I have adverted. In addition to this, tice, for leave to bring in a bill to regulate some supplementary arrangements may be the practice in Ireland with regard to the introduced with great propriety at the prin- confinement of lunatics and idiots. By the cipal ports of the kingdom. It might be 27th of his present majesty, the poor and asked, if what I have proposed be consistent the lunatics of Ireland were confined in the with what has been recommended by the same houses, a practice from which the commissioners of naval enquiry? It is per- most distressing inconveniencies had frehaps unnecessary minutely to enter into quently resulted. He wished the appointthis comparison in the present stage of the ment of distinct asylums for lunatics and business; enough surely has been shewn, idiots. The existing method of confineboth in the present exposition of the law, ment was only calculated for malefactors, and in the general notoriety of the facts, for but not for lunatics. Proper care cannot, the house to form some competent judg- be taken of lunatics without separate insti ment on the fitness of bringing this measure tutions. He had therefore to propose a bill under consideration.-The hon. and learned for establishing an asylum for each of the gent. concluded with moving, "that leave four provinces to contain 250 patients. be given to bring in a bill for the encou-These asylums to be in the central towns ragement of seamen, and for the more effectual manning of his majesty's ships."-The question was immediately put from the chair, and agreed to.-Adjourned.

HOUSE OF LORDS.

of the principal counties. The provinces to bear the expence, which is to be imposed by assessment; and a report to be made, from time to time, to the judges of assize, of the management, funds, and whole con cerns and situation of the four asylums. He Thursday, March 21, had bestowed much attention, for many [MINUTES.] The Duke of Athol spoke years, on this subject, and was persuaded in support of the appellants, in the case, the that the measure he was about to propose, Earl of Kinnoul and others . Mr. Maule was one which the situation of the public and others; after which the Lord Chan- institutions in Ireland loudly demanded, cellor delivered his opinion, and the deci- Accordingly, he concluded by moving for sion of the Court of Session was affirmed.- leave to bring in a Bill for establishing ProThe Exchequer Bills bill, the Sugar Draw-vincial Asylums for Lunatics and Idiots in back bill, the Irish Malt bill, the Irish Post-Ireland.

age bill, the Irish Customs bill, the Irish Ex

Colonel Bagwell, in seconding the mo

F