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testimony, ) that information was official. down contented, and not enquire how Iy given of this infult on the joth of Ministersw'ere !ounded in breakingin upon
February. What did they do on the oc- this condition fo effential to our propecafion? They never canie forward to rity, and involving us in the hazard of a avenge the infuli, and maintain the war, for a cause wlich, on the affect of honour of England till the 5th of May. it. does not juftify their proceduie. What can the House collect from this, If the insult was giver, they compromiibut that either the insult is a rere pre- ed the honour of the Nation by the detext taken up to an!wer another purpose larm but there was a most vlamcable which they did not think it safe to avox', spirit of iraammation isible in theirwhole or they dallied with the honour of their deportment. Inftead of cultivating that country. If I were to indulge a conjec. liberal system which the enlighten d ph. ture, I hould fay, that the firit of lanthropy and p!ilosophy of the age There was the true cause of all this made it to practicable for them to chevivient bustle. Looking back to certain rish and promote and from which w jumours, and particularly to all the warm of all nations, would profit the mott,) te encomiums on the gallantry and heroism observed that by all their vehicks of of the King of Sweden, with which the publication, and by the whole tenor of Ministerial Papers were fo fully charged, their conduct, they rouled and excited I should infer that the Spring was preg- in the nation an unwife, and ignoble nant with a design to affift the Northern rancour againft:Spain, which that gone. Warrior: but toat, fensible the nation rous and high minded nation rever de would not much relishanedefignand that served, and which it is fcandalous to thie Noble Earl who commanded the cherish; even if there were provocation, fleet would not have been pericet'y pica- He took notice of the observation of fed to have gone to she Baltic, they Lord Coventry, that our best confidence thought a litile bullying of the Spaniards was in our firengih, and laid, that if w: a feaionable thing, both for concealment were not to truit in juftice and honour, and popularity. That they afterwards we might easily lose that boafted luptchanged their system, and abandoned riotity by co :binations among others that Monarch to his fate, only proves powers. 'He paid high compliments to that they conducted their fyftem as the Navy, for the ardour anı alacrity weakly as they undertook it unwisely. they had displayed, ard he a idrelled ait But I again aver, that it is indipenfible elegan: compliment to the Duke of Clato our faithful discharge of the duty that sence, for ihe happy effict which high we owe to our country, to demand the discipline, prompt cbedience, and ardens means of afcerta.ning the true nature gallaniry, inanitelled by a pirionage of and extent of the iniult, by which we liis rank, ha i on the service. He ex• may go properly in:o the examination amined the Convention on its own ire'of the second part of a rational courl: of rits, and found it pregnant with difpuii, inquiry into the manner in which they and barren of advantage".
H: 001conducted themselves in this infult, cluded with moving the previous quer grarting that it was committed. I cer- tion. tainly will not think the expenceincur. Lord Sidley. I confess my astrnihred too great, if it fhall be fairly efta- meni, n.5 lids, at hearing tie observablished that any expence was necessary. tions that have fallen from the Noble I hold it as an incontrovertible axion, Lori. I may be supposed to be parti*] that nothing but positive neceffiiy could to Minifters, from having left the Cabia jullify Ministers in purting us in the n-t lo larely; an! I fair y acknowledze hazard of a war. i ihall not be contro. my prirality; but did I ever expect to verted when I afler, fortly, that our hearinen charged with being anxious expence for the three years, ending in to involve their country in wr, or to inJanuary 1787, 1788, and 1789, exceerdtare the mirds of their fellow-citiza! ed our increase 700,ocol a year, initead withiilib sality and rancour again't clicr of our having, as the Miniiter promifei nations ? But abwe all the reit, dille !!s, a inillion of furplus-A growing ver expect to hear in this noble House, debt demanded, therefore, that we that these charges against them were in fiould, by every posible means, preserve be drawn froin rumour--from the Minithe blesing of peace, that we might in- fterial prints- thank God I read none prove the advantages which the fortui- ofehem-and from conversation out of tous concurrence of circumitances put doors. Ils Majelly's Ministers must be within our grasp. Shall we then fit frangely changed in their difpofitions
Parliamentary Intelligence. since I had the bonour to fit among joyed before they came to be fo absurdiz thern, if they are now disposed to involve defined. ther country in a war, or to encumber The Marquis of Lansdowne. It has it with unnecessary expences. I beg ever, my Lords, been a maxim of my leive to bear my humble testimony io life, that literal confidence is dee to those the merit of their labours in this Negoci, ulo ft ftain the severe respor-sibility of ation. They have in my mind accomi- ollice In difficult fntuations, where iden plifned ali that they pledged themselves act at their peril, and chuse to encouna to obtair - Jnd I was indeed surprised, ter tbe hazard of their owu fysiem, they that a noble Earl, from whom I have reo ougüt, in my mind, to receive from their ceived much Paruamentary information, country a degree of rational truft. Bur, hould have moved for all the papers of my Lords, 1or this very reason, it is the Negociation that could not be dif- the more incumbent on Minifters to give closed without danger to the State ; and a clear account, when the day of account for the produclion of which, I will ven- comes. If, instead of conccalment and ture to say, he cannot produce a fingle confidence, Minifers chole in the fritt isprecedent. I was not surprised that the hance to take Parliament along with noble Earl's friends did not think proper them, they might afterwards, fairly eto fupport the queftion.
nough, take their juft proportion of The Earl of Kinnout. The noble Lord, blame-if blame there was, or they if he had taken the trouble to attend tó might ose to them the language of an ac. the words of my motion, would have complice of guilt, and fax." Do not found thai I did not desire all the papers, bę over inquisitive, for if you are, the but only the memorials, papers which injured country may discover that we in their nature. cannot be danger- are both to blame.”. But where Mirious to disclost; and that there is a pre- fiers in the' fiift place, call for confirleace celent, let the noble Lord look to the on the folemn promise that they will cale of Paulkland's Fland, where he fand the peril, and, when the engage will find, that more papers than I ment conies to be wound up, throw aked for were cheerfully granted. themselves again on this majority for
Lord Portchefer.My Lords the mo. protection, the matter is serious indeed. tiou of my noble friend was not only dic- The Conflitution is wounded in its virated by discretion, but by aitentive re- tals. We are no longer a Free Parlia. gard to that nicety which Minimers af. ment, nor is truth a Parliament at all. fect. The noble Earl asked for icls, per- Our functions at leaft are gone, and the haps, than he ought; certainly for no- exterior remains only to perfetuate the thing more than ought to be given, if we dooin of the country. My Lords, I proare at all to enter into the difcufsion of test that I cannot yield to the evidence the subject. I cannot conceal from your of try fenfes. Do I hear righth-is it Lordships iny sertiments, tiar i expreci- pofuble, that aster the ratification of the ed rather to incet illis matier in the hape Treaty is made known to you, Miriflers of impca liment than in the ilape of Ad- call for coroniendation and refuse you do dress for Thanks. A conduct io abfurd cuments? Do they, indeed, tell you that and punirious--so deftitute of all policy they chuse to poltpone the papers ad -o fruitful of danger and fo harira of Graças-calendas, and only put you to the advustage-l will be bold to say the hit trouble, in the mean time, to approre tory of nations coonot exhibit. Bullying their conduct? The noble Viscount keys, to unprovoked, évaporating at length in that his Majesty's Minifters must be a Convention fo unirteaning a Cotidence ftrangely changed fince he sat among given so literalls, and to i rewarded, then, if they are now disposed to irI defy any Lord to parallel io l.is seade volve their country in a war; I can say ing, nuch leis in his experience. It is, vith truth, that they are indeed much in faci, a bubble, fuccefstully Flown up, changeu tince I was connected with at a critical conjun iure, to enable Mini- them; and youč Lordhips will forgive iters, under the ficutious name of an me if I glance at a matter so personal to Armament, to ir fiuence : General Elec- myself, as the peace of 1982, which I tion in such a way as to biniche majori- mall do, without meaning to gain any ty in the Service of Ministers. The no- confideration -to it from the referene. ble Lord having made a preface to this That peace, if it was good for any thire, e di, entered into a critical examination was good on account of the fimplicity of of the Convention, jo latim, in which is principles. It went upon that great he a ledged that lie faw nothing but and benevolent principle to which the noa mncie coniulioa cf i ghis buta: co- bile Lord wlio moved the previous quel tion, with the spirit fo becoming the galo rope haraffing every Court with their lantry of his character, alluded to, the intrigues, filling every country with broad, simple principle of extingushing their Messengers, forcing connection animosity between two nations, disposed against policy, and trade against nature. by nature for the soft friendly connec- They had entered into the miferable tion. It went to file for ever the squabble of every Cabinet, and bad mixsparks of jealousy, that till that æra ed in every forry project of every perty, were ever bursting forth into occasional Court. They had even travelled out of Names. And you see that experience has Christendon, and at Conftantinople had justified the principle. Not one spark of raised up the Turks to wage a war of discord has since appeared. It concluded curses arid cruelty on a poor old womar, every possible quellion between them, the ancient friend of their country, and and laid the ground-work of a permathis too at the time when they were sendnent and generous friendship. In regard ing forth prociamations to reform the to Spain, the principle was the fame; morals and prevent the profanation of with this addition, that if any thing was religion. They drove to bring the poor to be conceded, it was to be given to the decrepid Empre's with horror to the weakeft power. But nothing was hung grave, and to tear from her withered up for Consuls to discuss. The lines of temples the laurels that the former kindfriendship were bold and definite; and nels of England had aliiited her ow. it preserved, as to Spanish America, the bravery, in bindirg there. Three years fyltem of policy which had been handed have they becn labouring in every core to us by the wiseft and moit enlightened ner of Europe, aut in what do all their of our ancestors. Ir
. regard to Holland, mighly projects of aggrandifement conthe Treaty bad only one variation from clude in Nioca Soual! After all liberal principle-That ia oue article it this wafte of character, after all this was calculated to make her feel and rue bustle of negociation with every Cabinet, her own misconduct is not treating fepa- for an island here, for a treaty, of comrately with us; but throughout, the peace merce there, for 2.liances in every breathed this one ftrong, timple princie quarter, and . unheard of pomp and ple, the extinction of all caule of quar. power, what is the relu'r ? A joint right re!, and the furtherance of that fpirit of io catch cats in Noorka! Not onc national benevolence which philosophy acquisition more.
He defied them in had introduced into the politics of Euc exhibit another advantage. For this rope. Such was the ground upon which they had facrificed all that our generosithe King's Ministers found themseives ty had obtained. View them in 1782, established in office in the beginning of und in 1799. In 1782, England was 1784. Try them by the use they have courted by every Court of Europe. They made of the glorious cpportunity. Here acknowiedged, with sepentance, that the noble Marquis run over the admini- their conduct had been unvenerous, and ftration of Mr Pite in relation to external beholding our dignificd ftand, they copolitics, in which he found Minifters, veted and courted our friendllip. slown to the year 1785, Audiously obler Mark the sad reverse. Within the last vant on the principles on which they let three years, tuch has been the r:Aless,
The first incomprehensible aci- intrigue, the exasperating haughtines, an acı, the meaning or lenfe of which he the intermeddling fpirit, and trie diplocould not yet discover, was the concef- matic insincerity of Ministers, that there fioa snade to Spain by that memorable was not one court in Europe which we Convention-And from that moment zo had not offended. The Emprets nethe present, he was bound in conscience ver could, and he was positive fie never to declare the whole fyltem had been a would, io per the attark made on her marked and violent departure from the descending days. The King of Sweien principles of the peace, and from the lyf they had Nirred up, and had abandoned iem on which they had let out. Instead in his need; Denmark they had insulted, ot maintaining the honourable lla:ion we because she was weak. The Belgic States had acquired by our moderation, instead they had excited to rife up against their of being the ar biter, and, what was as Sovereign, and had' deserted them; in valuah!e, the factor of Europe, infleail the high-minded bolon of Spain, they of giving to our situation its uncrippled had planted a thorn that would rankie way, instead of leaving the re-animated and teser. Even Portugal, after prorni. genius of the ille to chuse its own resion lng to interfere in the liviennent of the for its fight, they had suc round @u- dipures with cur Micrelanta, they hart Parliamentary Intelligente. insulted hy neglect, and had forced pre- wanting here to elucidate the busineis, ** cipitarely into the arms of Spain. Per- which the House had to detern in:: for haps, if they chuse to alter the policy on here was the message of his Majesty, conwhich they set out, if, remarking the taining the injury, and fairiy stating what combination of circumstances unparallel- would be the reparation that should faed in the history of Europe, that made tisfy. Here was the Convention, the wing the Family Compact a dead letter, and that r paration was complete, as it was put it in their power by a frasonable originally proposed; and unless it could blow, ftruck hard, to level their rivals, be shewn that the fatistaction vid not and tecure o Britain peace for a century, come up to the proposai, or that there, if, inft:ad of the more fenerous and was ground to fufpect r iftatement--if ne ble deportment which his lyflcm point- they thought the money faid to be ipent ed out, they bad chosen this grouna, and had been milapplied, or that fome other had just fied it on the grourd of hiltory gross malversation had occurred, he faw and example, even this might have no folid ground for calling upon Ministers had ar leati its fplendid excuf, if not to disclofe what never could be done its genuine glory--But they had all the without indelicacy, and perhaps danger. difgrace of attacking their neighbours He entered at full length ino the articles when their house was on fire, and had of the Convention, to thew the benefits gamed nothing out of the flames. They we had obtained, both to cur fithery and had been mischievous without ambition, fur-trade, and in particular he answered and had quarrelled for cats when they that charge of Lord Lansdowne, which might have demolished navies. Our po- imputed :o Ministers a change of the paliry as to Spain, had always taught us cific system in which they let out. He that the true value to us of her Arnerican was uiterly ignorant of any one of the Colories was to be gained by a direct intrigues that the Noble Lord had aí. trade with Old Spain; by which we cribed to them. An account had been made them in fact our miners and our latt Seffion presented to the House, that ba: k. They wrought for the gold and Spain had insulted the honour of the filver which we pocketed. In this view country and their Lordfhips had of cur policy from 1540, downwards, he unanitioutly addressed his Majefly, fujoully
duelt on the wisdom of Sir pledging themselvcs to fupport him Wilian Godolphin, the ancestor of the in retrieving that honour ; in conpreten: Dule of Leeds, who urged his sequence of this, Ministry had proceedwval Malter to beware of all schemers, ed, and they found the cause of comwho, for their private ends, should advilé plaint to turn upon two points; the hon. him against the principles of his Treaty, our of the Britim Flag, and the trade of wbich put the trade with Spain on its the country; previous to entering into True bals. lie treated with fovereign any Nogociation upon the particulars, contemp: the miserable Convention, and it was first thought requifite to have the the quackery of our pretending to pre- point of honour settled; and this was ro verit linuggling in the South Seas, islo jooner cone, than the declaration, eftacould not prevent it at home, and who blihing that point, was laid before their could not even prevent the adventurer, Lordships ; from that they proceded to Mir Mearts, from violating our own investigate the other business, and Spain coarcers, who, afier failing under false co. bad, in the end, acceded to our claim, hours; io cetriol a friendly nation of its and promised to make good the injurice reyenues, had claimed and obtained the our fellow subjects had luftained :--they auspices of the British flag. lle conclu- had also made confiderable concellons ac a ipecch of unequivocai lofiility to as to our chablishing Settlements in that Niinifters, with folemnly pledging him- part of the world, which, whatever feif to renew the difcuflion of this impor- might be our claim, they had never re. tart subject.
cognised before :-their restrictions, with Lord Grenville made his maiden speech respect to cur, diftance from the coalt
, as a Peer, in answer to him. He con. he thought very defensible, as it was tended, triat if any thing more than ano- principally with a view to prevent (mugo ther made the Constitution England de- giing, and of which they were very jezer siderable, it was the distinct authority lous-it was nothing more than a which it give to Government to negó- adoped with respect to some of our cire, un nackled bv the Legifla:ite own settlements, and by no means to fo pending the business, and refponfible ori- great a diftance. Ile would not speak Jy cn iis conclusi :r.. INo one paper was of his own au hori.y; but, from the
information he had received, the dif- Ile observed that the case of Thomas tance would be no injury to our filery, Hall, which was quoted as a precelent As to the Fur Trade no man would wil was not a case in point; for that Hall, lingly pledge himself to its advantages; though ferved with a fecond indictment, but, he believed, some of our best ma- was to have been tried for a different nufactories had arisen from a lels pro- fpecies of Swindling from what he had voising origin. He denied the traffic been found guilty of, and the second to have arilen frorn a few idle Adventue indictment contained
set of new rers to China- che trade havin, bern facts. ftrongly recommended by Captain Cooke. Ilo said, he founder his opinion on a His Lordihip combated mof of the aryu. Mort and simple maxim laid down in our ments urged againit the Address, and ancient law books, that no person who . concluded with hoping it would moct had once tholed an aflize Mould be liable. de concurrence of their Lordships.
to a second trial; and this maxim car. The House divided on the previous
ried its rezfon on the face of is, the very queftion, when it was negatived by a expression thole, meaning more than Majority of 43, and the Address carricd. merely passing thro' the form of a trial. It
imporis also the fufftring the pain and
anxiety ofa trial, circumstances more SCOTLAND.
dreadful to fomne men than even death
itself. Flis MAJESTY'S ADVOCATE, %. The genius of our law, his Lordship John MENZIES.
observed, was merciful: this was a maxMenzies, an. Excife Officer, had been greatest regard in courts of justice, be
im of mercy, and as such deserved the Fried at Perth for murder and found cause it is founded not only on motives guilty. But his Council urged in arrest of humanity, but on strong reasons of jusof judgment, that one of his Jury was tice, and the principles of equity. a minor, and that consequently the ver
In our criminal law, it was anothers diet was null. This objection appearing maxim, that every person coming to to the Judges on the Circuit, to be of trial, is presumed innocent till he is proconfiderable importance, they certified ved guilty; and he has a title to every is to the High Court of Justiciary, where presumption and prejudice in iis favour it was folemnly argued on Monday 15 till his guilt is made manifeft. But in December, nd the verdict deciared by the present case, the pannel will be the Court to be nuil.
brought to his second trial, not only unAfter this Interlocutor was recordedl, der the imprefiion, but under the prethe Lord Advocate petitioned the Court fumption of guilt, and bis second jury. for a warrant of recommitment against will not be able to dive't themselves of Menzies,as he meant to try him a new for the impression made by his former con, the fame crime. This waswarmlyoppoled piction on the verdict of sourceen" legal by Menzies's Council who contended and unexceptionable men. that by the Law of Scotland, no person
A new tsialis further inconfiftent with could be tried twice for the same crime. the genius of our law, which requires, The Lord Advocate maintained that the that all witnefes before exrmination, pannel not having been legally tried, shall be locked up in a place by them. could not be considered as having been felves; that they may have no opportunitried at all. The Court granted the ty of hearing the evidence given in court the prayer of the petition, Lord Swine by any other witness ; and it has always ton alone diflenting.
been deemed a sufficient reason for setting As this case is novel and perhaps ap- a witness afide fif he is found to have been pealable, and as it tends to establith a in court during the examination of any precedent of great importance in the other; but after he has given his own eCriminal-law of this country; we shall vidence, he is at liberty to remain in here insert the substance of the opinion court, a liberty which a very na ural.cudelivered by the diffenting Judge: riofity generally makes him avail hitam
His Lordfhip began by cbserving, self of. that this was a case of considerable im- It is not thercfore to be doubted, that portance, as it was the first atterapt in the witnesses who were examined on the this country to bring a person who had firit trial, either were present at the exbeen once acquitted to a second trial for amination of tbrir follow witreffis, or the same of:oce, upon the fame facis. have been informed of the particu