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R. P. Scudamore, Esq.
Bryan Cooke, Esq.
Wm. M. Pitt, Esq.
Hon. W. Howard,
Davies Giddy, Esq.
A. Strachan, Esq.
Lord Althorpe

H. Martin, Esq.

F. J. Wilder, Esq.
Dan. P. Coke, Esq.
Hon. C. Herbert
J. Wharton, Esq.
Hon. W. Broderick
Thos. Kemp, Esq.

NOMINEES.

| Chas. Wms. Wynne, Esq.

Mr. T. Grenville presented, by his majesty's commands, the warrant of the admiralty under which Sir Home Popham has been arrested. The warrant was read by the clerk, and upon the motion of Mr. Grenville, ordered to be inserted upon the journals of the House.

Lord Howick observed, that as the object of the call of the House, which he had moved for this day, had been answered, he apprehended it would be unnecessary to press the call at present. But he moved that a call should take place on Tuesday next, for which day two ballots were appointed. The order was made accordingly.

The order for taking into consideration on Monday next the special report from the committee appointed to try the merits of the Penryn election was discharged, and fixed for Monday se'nnight.

MUTINY BILL.

Lord Howick moved the reading of the order for the se cond reading of the mutiny bill on Tuesday next, with a view, as the noble lord stated, to move the postponement of this order to a future day. The propriety of this postponement in the absence of his right honourable friend (Mr. Windham) would, he had no doubt, be readily admitted. But there were other objects which rendered further delay necessary, in order to afford time for the preparation of some additional clauses which it was intended to bring forward. It would be remembered by many members, that in the year 1792 a clause was inserted in the Irish mutiny bill, allowing catholics to hold a certain rank in the army, and this clause it was now proposed to make general. It was also proposed that all catholics in the army should be allowed the free exercise of their religion. This was, no doubt, the practice already-but it was understood that it would afford much more satisfaction if it

were

were made the law. In addition to these there were other clauses of less moment which it was proposed to submit to the House. Such were the reasons which urged the noble lord to move a further postponement of this measure.

Mr. Yorke asked, whether it was likely that the discus sion would be brought forward upon the day mentioned by the noble lord, or whether it would be postponed any further?

Lord Howick saw no reason to apprehend that any further delay would be necessary. The noble lord moved, that the order for the second reading of this bill should be fixed for Tuesday se'nnight.-Ordered accordingly.

WESTMINSTER ELECTION.

Mr. Sheridan rose, pursuant to notice, to move that the order for the appointment of a committee to consider the petition upon this subject should be discharged, with a view to move for the further postponement. The right honourable gentleman was so much of opinion, from what had passed when last this question was before the House, that a motion for further postponement would be immedi ately assented to if required, that he confessed he heard with considerable surprise of the intention to oppose the motion, par icularly on the part of the noble lord (Folkstone), by whom a similar proposition was last submitted to the House. Had he happened to have stood in the predicament of being unable to bring forward such a motion, he really thought that the noble lord would have been ready to propose it himself. At least he felt that he would be warranted, from the noble lord's former language and conduct, in relying upon his readiness to steond him in this proposition. Of the grounds of this reliance, and the justice of his opinion, the Ilouse would be able to judge from a short review of the history" of the case. When the petition before the House was presented, which was about the 23d of December, the first or second day after any petitions could be received, the noble lord announced the desire of the petitioners that the earliest day possible should be appointed for the ballot, and that they were ready at once to go before a committee. Accordingly the 13th of January was appointed. But, notwithstanding the declaration of the noble lord, and the publicly proclaimed resolution of the petitioners, he received, not many days afterwards, a note from the noble lord, stating,

that

that it was through a mistake he presented the petition so goon, and that the parties were not ready to go into the investigation on the day originally appointed. The noble lord therefore requested his consent to a further postpone ment, as a matter of personal accommodation to himself, and a matter of justice towards the petitioners, who would otherwise suffer through his error. Having had an acquaintance with the noble lord, he was certainly disposed to accommodate him, but yet he felt himself bound, before he complied with the noble lord's request, to consult the opinion of his friends, and they decidedly objected to the delay required. However, when he came down to the House upon the day appointed for the motion, the noble lord applied to him again; and again asking his consent to the motion as a personal favour, he did grant it. So far as he had gone, he believed the noble lord could not say, that what he had stated was not strictly true. But as to the conversation which took place the day the noble lord's motion of postponement was agreed to, he held in his hand a document which contained it. He knew that he could not distinctly allude to the evidence he had adduced, because according to the orders of that House, strangers were understood to be excluded. But somehow a memorandum of what was said on the day alluded to, did find its way into print, and certainly it was detailed with considerable accuracy. In looking over this memorandum, it would be seen that all the arguments advanced by the noble lord made against his motion, and of course it was a very natural inference that the motion owed its success to something else. That something was his concurrence— and he recollected very well, as it appeared from this memorandum, that he mentioned at the time his apprehension that the 24th of February would go too near the circuits, which would render a farther postponement necessary, as his counsel would be out of town. Such was his statement then, and it was only upon the express condition that farther delay would be acceded to if necessary, that he gave his assent to the noble lord's motion. This he could aver from his own memory, but there were not less than twenty or thirty gentlemen present, who also heard the noble lord, and who could bear testimony to the noble lord's observation. The noble lord did state upon that occasion, that when he mentioned the 24th of February, he was not aware that the circuits were so near, and that if that

that day should in consequence become inconvenient, there could be no objection to a farther postponement. This declaration the noble lord was understood to have made by several friends near him. The House he had no doubt would agree with him in thinking, that when the petitioners urged the noble lord to move for the former postponement on the ground that they did not wish for the trial on an early day, that the noble lord was not aware of the resolution relative to a speedy trial, which these pe titioners had just before published, and in all probabilitý the noble lord was equally unaware of this circumstance, that the counsel for the petitioners did not go any circuit, while those retained on his part did. But of this the petitioners were fully apprised, and they would fain urge him to trial without the advantage of his counsel. It might be asked, why he did not make this proposition of postponement somewhat sooner. He would candidly an swer, because, as he stated before when this subject was under consideration, he really did not think the petition would be persisted in, but from what he had heard of their proceedings within the last few weeks, he was led to believe that his opponents were much more sanguine, even than he suspected, and that they were resolved to perse

vere.

Upon the whole, however, the right honourable gentle man could not persuade himself to suppose that that House would call on any gentleman to enter upon such an im portant investigation stripped of the aid of his counsel→ and he could not help observing that the attempt to take advantage of him in this instance, was not a very liberal return for the manner in which he gave way to the noble lord's motion upon a former occasion. But his manner of acting towards the noble lord, and his friends in this transaction was, that which perhaps few men would be ready to imitate.

Lord Folkestone wished that he could return the compliment which the right honourable gentleman had thought proper to bestow upon his accuracy; but he differed from him entirely as to his report of the conversation which took place on a former day. So far from the right honourable gentleman having expressed a wish for further postpone ment, that he treated the proposition at the time as an omen of the petitioner's total abandonment of the are. Without referring to any of the newspaper reports brought VOL. H. 1806-7. S forward

forward by the right honourable gentleman, he had no hesitation in positively asserting that he never made any such pledge or promise of agreeing to farther postponement, as that stated by the right honourable gentleman. But he would go farther. He denied that the right honourable gentleman so understood him at the time of the discussion, or so understood him since. But the right honourable gentleman was not more inaccurate in his text than in his preface, particularly relative to the private note. For he denied having ever asked the right honourable gentleman's consent to his motion. He merely sent him a line, as he thought himself bound in courtesy to do, apprising the right honourable gentleman of his intended motion. But he would deem it very improper indeed to apply for the leave or concurrence of the right honourable gentleman. As to the observations made by him upon the subject of the circuits, he did not recollect, nay, he was certain that he did not utter, one word that could warrant the conclusion drawn by the right honourable gentleman. He merely said that the propriety of farther postponing the ballot in consequence of the approach of the circuits might become matter for subsequent consideration. But he made no pledge, nor did he think the right honourable gentleman either then or since believed him to have made any pledge upon this subject. The noble lord, after restating the manner in which he was led into the mis. take of presenting this petition sooner than the petitioners wished, and commenting upon what he called the "right honourable gentleman's perversion of the fact," declared that he did not know until the preceding day, who were the counsel employed on either side, and concluded with expressing a hope that the House would not countenance a motion supported upon such light grounds, and brought forward only four days before the day fixed for the ballot.

Lord Howick thought the House should be always jea lous of motions of this nature, and decide upon them with the utmost impartiality. With regard to what had passed on this subject on former occasions, he could not hesitate to say that the impression upon his mind, from what the noble lord had said, was precisely the same as that stated by his right honourable friend (Mr Sheridan). He would enter into no contest with the noble lord as to accuracy of memory, or as to the precise words he used: but most certainly he understood the express condition of his right honourable

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