Mr. Lyttleton then moved, That the petition be laid upon the table.

Sir H. Montgomery objected to this; as it was a complaint for not being promoted, according to the expectations of the individual who petitioned. His Majesty had a right to promote whom he thought fit; and it would be improper for the House to interfere. The person promoted over captain Foskett, was not a junior, but a senior officer to him. The reason why he was not sent with the regiment to Portugal was, because his troop was the worst in the regiment, and therefore the fittest to be left on the recruiting service. When the House knew the cause of his not being so rapidly promoted as he expected, they would acquiesce in the justice of his colonel. The cause was this: Captain Foskett, an old officer, had gone out as a second in a duel, with two boys of 16 and 17 years of age, and suffered them to try to murder each other, by firing no fewer than six shots. It was great grace and indulgence in the duke of Cumberland, that this was passed over at the time; for had it been reported to his Majesty, captain Foskett's name would have been struck out of the army list.

Mr. Whitbread said, he had not any knowledge, and never had heard any thing of capt. Foskett, but what he had heard from his hon. friend. He would admit, if that was true which was stated by hon. gentlemen opposite, that his name deserved to be struck off the military list, and on that account he ought not to have been offered a majority in another regiment. He had offered to produce recommendations, in favour of his character, as an officer, and there was not a voucher of. fered to shew they did not deserve full credit. Under these considerations, he could not see an objection to the petition being laid on the table.

General Phipps thought it was highly improper that the House should interfere. General Loft could not perceive where the cause of complaint lay. There was po charge of a junior officer being raised to rank above him.

The Chancellor of the Exchequer thought no beneficial result to captain Foskett could arise from the petition being ordered to lie on the table. No allegations were made of his having been refused promotion improperly. No junior officers, it appeared, had been promoted in preference to him. He had no right to complain of being left behind when the regiment went

on service. That was a regimental arrangement, which rested in the first instance with the colonel of his regiment, in the next, with the commander in chief. It had been at first so arranged by the colonel of his regiment, and it was in a way of being redressed by the commander in chief when the regiment returned. But it was then said, why was he appointed to replace an officer in Spain, and why of fered a majority in another regiment? seeing his conduct had been improper. If he had been concerned in a duel two or three years before, though that might be an obstacle to his promotion in his own regiment, yet if it was not thought proper to bring him to a court martial on that account, it was hard that that should hang over him for ever, and prevent his rising in another regiment. With respect to the article of war, the utmost extent of it was, that the commander in chief should examine each complaint, and report upon it to the king, where the case required it. This case was not thought to require it. The army, it appeared, understood that article to refer exclusively to pecuniary matters. What was there to complain of, when, because the commander in chief could not report favourably, he declined making any report at all? If he complained of marching in the rain, or any thing equally frivolous, would it be said a report should be made? Under all the circumstances, as he apprehended no ulterior mischief from it, if it were a matter of doubt whether or not the petition ought to lie on the table, he would, in all such cases, give no opposition to a motion, to that effect.

Mr. W. Smith thought it was quite a different case, where a commander in chief was called on by an officer for a courtmartial, which he took at his own risk, and a commander-in-chief thinking he ought to be brought to a court-martial, and mak ing it a barrier to the officer's promotion, and although he will not bring him to trial, keep it hovering over his head. He should vote for laying the petition on the table.

Mr. Lyttleton was not inclined to make many remarks, as he would have an opportunity, on a future day, to enforce his arguments. The petitioner complained that he was aspersed, because he was a second in a duel, where something like murder might have taken place. He had made every inquiry into the circumstances of this duel, and learned that several shots

had been fired, but that the petitioner had tried every means to prevent it; but, from the abusive language of one of the principals, he could not succeed. One of them was wounded slightly in the leg. Both of the principals were put under an arrest, and, after a short time, dismissed from that arrest. He could not therefore allow captain Foskett's character to be whispered away, or assertions made that could not be supported. He had applied to his lieut.-colonel for a court-martial, which was granted as far as his influence went. It had been said by an hon. baronet, that the reason captain Foskett was left behind was, that his troop was the worst in the regiment; this he did not know; but he had learned it was unusual to leave a senior captain at home, when his regiment was ordered on foreign ser

vice.

The petition was then ordered to lie on the table.

HOUSE OF COMMONS.

Monday, April 30.

THE

[KING'S MESSAGE RELATING TO DUKE OF BRUNSWICK.] The Chancellor of the Exchequer brought up a Message from his Majesty, which was read from the chair, and was to the following effect:

"G. R. His Majesty finds it necessary to communicate to the House of Commons, that in consequence of the continued occupation of the territories of the duke of Brunswick Wolfenbuttel, on the continent, and the unfortunate events in the year 1806, which were attended by the lamented death of his illustrious father, his serene highness has, after a series of the most gallant but unsuccessful exertions, been obliged to seek an asylum in his Majesty's His Majesty, under these circumstances, recommends that the House will make some provision for his serene highness, until such time as the state of the continent may enable him to return to his own dominions. His Majesty relies on his faithful parliament to make a provision suitable to the rank and fortune of a prince so nearly allied to his Majesty's throne, and for whom his Majesty's feelings are so strongly interested."

dominions.

The Message was ordered to be taken into consideration on Thursday next.

HOUSE OF COMMONS.

Tuesday, May 1. [DRUBY LANE THEATRE PETITION.]

Mr. P. Moore presented a Petition from the right hon. Richard Brinsley Sheridan on behalf of himself and other proprietors of the late theatre royal Drury lane; setting forth," That the late theatre royal in Drury Lane was erected in the year 1793 by means of subscription shares, amounting to the sum of 150,000l.; and that owing to the great miscalculation of the architect employed to build the same, and to various other unforeseen circumstances, the theatre was left under a great accumulation of debt after the expenditure of the said sum of 150,000l.; and that in the year 1802, the whole affairs and demands on the theatre were regulated under an order of the court of chancery; and that the property thus circumstanced, and in the progressive discharge of those demands, was wholly destroyed by the calamity of fire in the month of February 1809, being insured only in the comparative small amount of 35,000l.; and that, under these circumstances, the proprietors, duly considering the interests of the various persons whose property to so large an amount has been embarked in the undertaking, find that the only adequate mode to do justice to such persons, and to rebuild the theatre, is by transferring the property to a large body of subscribers, who are willing to raise a fund adequate to the accomplishment of that object, on the sole condition that the subscribing individuals shall not be subject to any call or demand beyond the amount fore praying, for leave to bring in a bill of their original subscriptions; and therefor effecting the purposes before-mentioned, and for such other purposes as may be necessary for supporting, maintaining, and improving the said property, under such regulations and restrictions as to the House shall seem meet."

Ordered, That the said Petition be referred to a Committee.

[SICILIAN SUBSIDY.] Mr. Lushington brought up the Report of the Committee of Supply which sat yesterday, of their resolution for granting to his Majesty the sum of 400,000l. to make good his engagement with his Sicilian Majesty for the present

year.

Mr. Lambe opposed the resolution, inasmuch as the grant exceeded by 100,000l. the original stipulation with his Sicilian Majesty. The proposition for this additional grant, he understood, was founded upon an alledgement that it was rendered necessary by certain other stipulations

not yet finally adjusted; and he thought it a bad precedent to grant so large a sum of the public money upon stipulations that might never take place. He thought, therefore, the House would be deserting its duty in voting away so large a sum of the public money, without having a very strong case made out to prove an urgent necessity for it, or that some serious inconvenience might arise from a delay of the grant until the stipulations were ratified. With respect to the alledged stipulations, he was anxious to ascertain whether any of them were of a commercial nature. His reason was that from authority in which he confided, he had understood that notwithstanding the assistance Great Britain afforded the Sicilian government, and though there was a great demand for British produce, still this country, in a commercial intercourse, was the least favoured; and that actually duties were levied upon such articles tantamount to a direct prohibition. He understood also, there was a commercial treaty in existence between this country and Sicily, upon which our interests were greatly neglected by the British government. On this point he was not sure whether he correctly stated the fact. He understood also, that the people of Sicily complained that this country, by the occupation of their island, had drawn upon them the hostility of France. A vast expence, too, was incurred to this country in the necessity of detaching so great a portion of our disposable force as 10,000 men, to keep up an army for the defence of that island. Such an expence ought not to be incurred, without some adequate object of advantage, and not merely for enabling the Sicilian government to maintain principles of domination over its subjects that were very oppressive and obnoxious to the people of that island, and which rendered them highly dissatisfied with their government. Of this fact his Majesty's ministers were fully apprised in the dispatches received from the British officers in the island. It was well known that the people of that country were anxious for a reform in their government, which they would wish to effect through the means of England, rather than of any other nation; but even through Buonaparté rather than not at all. Experience had proved, that the French, with all the insidious designs and rapacious cruelties which designated their character in every country where they obtained a footing,

had still the art of persuading the population of those countries, that their object was the public good, thus inducing numbers to become their partisans. He thought therefore it was the duty as well as the sound policy of his Majesty's ministers to use their influence with that government which they were subsidizing and defending, to adopt such a system of reform as would at once satisfy and attach the people; instead of teaching that government to rely solely upon the defence of British troops, maintained at so great an expence to this country, and which occupied so very im portant a portion of our disposable force, and required so considerable a number of our transports which were essentially necessary to other objects of the public service.

The Chancellor of the Exchequer said, though the hon. gent. had entered into a very wide field upon the present occasion, he would confine himself merely to notice such parts as applied to the question of the grant before the House. From what had fallen from the hon. gent., he understood him, though opposing this vote, to be friendly to our connexions with Sicily; and indeed, when he considered that not only the present, but all the governments of this country, and men of all parties, had held this connexion as of value in every political view, as well as with regard to our commercial interests in Malta and the Mediterranean, he thought he might assume, that there was no difference of opinion as to the importance of preserving the independence of Sicily from the grasp of Buonaparté. This had been so felt at all times, that every government thought it worth a great expense; and to this consideration it must also be superadded, as the hon. gent. himself had acknowledged, that we were bound to Sicily by ties of good faith, from the circumstances attending the breaking out of the war with France. He was afraid the hon. gent, had gone a little too much, not only into accounts derived from Sicily, but into such as night easily be traced to another quar ter. That there was a general dislike to the Sicilian as well as to all old governments that the intrigues of France might have been in some instances successful— and that there might be some disaffected

he was not prepared to deny; but that the feeling was universal there was no proof. Reports might come from Sicily to that effect; for were there not even in this country, men, mad, wild,

foolish and wicked enough to say, that there was nothing, even among ourselves, worth fighting for; and who found such inveterate faults in our constitution, as to be ready rather than submit to it, to submit to French tyranny, with all its evils? But this did not prove that this government ought to intrude alterations of system on other governments; for, whatever reforms in our own enlightened country we might judge right, it did not therefore become us to force on others. We ought to be averse then to prescribing terms which could never be done wisely; and if we interfered at all, it ought to be by advice and suggestion, and not by controul; and the more so, as it must be to a party to whom we were affording aid and protection. It was the object of his Majesty's government to maintain the independence of Sicily against Buonaparté; but to intermeddle with the form of government in that island would be, in his conception, to violate the principles of good faith with that prince with whom we were in alliance. With respect to the additional sum of 100,000l. now voted, he begged to remind the hon. member that a similar sum was voted in the last session of parliament, although it was not advanced. The grant was thought necessary with a view to render the sum stipulated as effective as possible, without burthening this country with any loss arising from the difference of exchange, which must amount to a very considerable deduction; and, as the money was to be advanced by proportionate instalments, and no reasonable doubt could exist of the accedence of the Sicilian government to the stipulations proposed, he thought that any delay in the present grant would only lead to disappoint that government in the early instalments they were taught to expect.

Sir John Newport supported the objections of his hon. friend (Mr. Lambe.) He was decidedly against granting the additional 100,000l. until the House should be informed of the ratification; and as to the scruples of the right hon. gent. about using influence with the Sicilian government for a reform of oppressive abuses in favour of the people, there was lying on the table an official document from their own ambassador in Spain, and now one of his Majesty's cabinet ministers (marquis Wellesley) to shew that they had not scrupled to interfere with the Spanish Junta in matters of internal government; and therefore the pretence now made was directly

in opposition to the principles already adopted by ministers themselves. The oppressions of which the Sicilians complained were not of a modern date. They did not originate within the last twenty years, nor within the last century, but had from time immemorial been severely felt by that people. They did not result merely from the government, but from certain rights and privileges claimed by individuals and coroporate towns; and he could not see the impropriety of ministers recommending to a government in their alliance, such a reform as would attach the people to that government, and insure their co-operation against the common enemy; and as to the necessity of granting now the additional 100,000l. he saw no other principle on which to solve the riddle, except that his Majesty's ministers, pressed as they were, wished to have as much of the public money as possible speedily placed at their disposal, in order that they might prorogue the Parliament, and avert the discussion of many important subjects still pending.

General Tarleton observed, that the right hon. the Chancellor of the Exchequer did not state a single reason why the House should agree to his resolution. He had talked of jacobins, and of something said somewhere, and by some person; but all this was wholly irrelevant to the arguments enforced against this proposed grant. In answer he must tell him, that the best assistance jacobinism, if it existed, could receive, would be from an unnecessary. expenditure of the public money. There were numerous reasons why the additional grant should be delayed. In the present state of circumstances it became the paramount duty of the country to husband its resources, in order to be prepared for those trying occasions, which, from the present state of Europe, were likely to arise. Under such an impression, he felt it his duty to move, as an Amendment, that 300,000l. be substituted instead of the 400,000 originally proposed.

The House proceeded to a division, when the numbers were,-For the amendmendment 25. Against it 55. Majority 30.-The original Resolution was then agreed to.

[PRIVATELY STEALING BILL.-Sir S. Romilly moved the order of the day for receiving the Report upon this bill. The Report was then brought up and the amendments agreed to. On the question that the bill be engrossed,