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and since he sat down, two honourable officers, well acquainted with it, had mentioned it as a rock, in which there were many cavities that were filled with water when the rain fell; and that there were also many birds' eggs.

down, he wished to offer a few observa- | which there was neither food nor water; tions on some points which had fallen from hon. gentlemen on this occasion. In the opinion of the ship's crew, Jeffery was left to starve and die on the island, and they did not, as an hon. gentleman supposed, think that he was merely put on shore where there was no risk. With regard to the man's property, it was certain ly illegally taken by captain Lake, and if they could not prosecute him for the murder, he hoped they would punish him in another way, by bringing an action for the clothes, as was often done in cases of child-stealing, where the greater offence escaped punishment. It was a most atrocious act to leave a man at all in a foreign country, and the honour of the king was implicated in-protecting the lives of his subjects. But to leave a British subject in a desert was still more heinous, and he trusted the perpetrator of the crime would be punished, somehow or other, to a greater degree than the sentence of the court-martial. Much had been said, and many doubts thrown out, as to the possibility of trying a man by the law of the land, after having been tried by martial law. He was of opinion, that a man might be tried twice in this way, otherwise he might, for an offence against the law, be rescued from the law by a military court. He concluded by withdrawing his motion.

Mr. Whitbread said, that in consequence of what he had mentioned in his first speech relative to an Address, he had drawn up one, which, if the hon. baronet had agreed to withdraw his motion, he would beg leave to read to the House, which he did, to the following effect: "That an humble Address be presented to his Majesty, that he be graciously pleased to give immediate directions that a minute and accurate search be made forthwith on the island of Sombrero, for the purpose of ascertaining if any traces can be found of Robert Jeffery, a seaman of his Majesty's ship Recruit, left on the said island by the hon. Warwick Lake, late commander of the said ship, contrary to every principle of duty, and in violation of every dictate of humanity: and that two commissioners be appointed to go to the said island and make the said search."

The motion having been handed to the Chair,

Mr. Whitbread observed, that an hon. and learned gent. had described the island of Sombrero as a low sandy island, in

Mr. Stephen repeated that he had seen the island, and that it appeared to him to be low and sandy. He had not made the unqualified statement attributed to him by the hon. gent. He had merely spoken of the weight of strong presumptions amounting to irresistible evidence in certain extraordinary cases. He put the case of a sailor being let down from his ship when at sea, and abandoned to the chance of a hencoop; that hen-coop might float till a passing ship took up the man; but what was the presumption as to the motive of the act, and as to its probable result. He had been in the neighbourhood of the island of Sombrero for 11 years, and he never had heard of Sombrero being an inhabited island. He animadverted upon the unwarrantable harshness with which the hon. gent. had commented upon him, as if he would insinuate that his evidence was false, which he could attribute only to the hon. gent.'s disposition to tear him and every one who differed from him in pieces, and was proceeding in terms of warmth, when the Speaker interposed-and

Mr. Whitbread said, he did not mean to question his veracity; but as the hon. gent. had taken up the matter so warmly, and accused him of tearing him to pieces, he could only say, that if there was any tearing to pieces in the case, the hon. and learned gent. had completely committed the action himself, by the vehemence with which he had made his attack.

Sir C. Hamilton fully corroborated what had fallen from Mr. Stephen. The island had the appearance stated by him when seen from a distance, thought it was 40 feet above the level of the water in the interior, and completely answered the description of the hon. officers, who were more nearly acquainted with its real situation. There were plenty of shell-fish, birds, and eggs, on which a man might live a long time. He did not say this to exculpate captain Lake, of whose conduct every officer in the service must be ashamed.

The Chancellor of the Exchequer did not suppose that two commissioners were necessary to be sent over to the West Indies, to walk over an island a mile and a half

in circumference, and only half a mile long; he therefore objected to that part of the address, and as he thought the Admiralty sufficient for the inquiry should move an Amendment to that effect.

Sir J. Sinclair said, he had good reason to suppose that the man had been taken off the island by an American vessel, and is now alive in New York. He thought it better to adopt the amendment of the right hon. gent. rather than the motion of the hon. gentleman.

Mr. W. Pole thought further inquiry necessary: with respect to the assertion of the right hon. gent. (Mr. Sheridan), that it was no uncommon thing for captains to send men on shore and leave them: he must express his reprobation of such a practice. The navy was not in such a state to require any such expedients, and such assertions going abroad might prove injurious to the service. Mr. P. suggested that if instructions were sent to the American minister to make the inquiry, the object would be obtained without the Address.

Mr. Sheridan, in explanation, declared that he had stated it was not unusual to land men on inhabited islands, but he had never said men had been left on uninhabited islands.

Mr. S. Bourne suggested that it would be as well to leave the discretion in his Majesty's councils, to make such inquiries as they thought necessary after the man, both at the island and in America.

Mr. Whitbread, with every respect to the opinion of the hon. gent. who moved the amendment, thought that solemnity was not due in respect to the extent of the island, but to the enormity of the offence. If any officers were going to the West Indies, they might be appointed.

Mr. Secretary Ryder said, that if Mr. Whitbread would not agree to strike out the latter part moved as an Amendment by his right hon. friend, he would divide the House.

Mr. Whitbread accordingly agreed, and the words relative to the commissioners were struck out, after which the motion passed nem. con.

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Mr. Whitbread then moved a second Address to his Majesty, That he will please to give directions that a search be made in all his Majesty's settlements abroad, and in his Majesty's fleets, and also in all foreign countries, where his Majesty has influence, to ascertain whether the said Robert Jeffery be still alive." Which being read from the Chair,

Mr. Whitbread then said, that, as it must be satisfactory to admiral Cochrane to have it shewn to that House and the world, that his conduct on this occasion was free from blame, he felt it necessary to move, "That an humble Address be presented to his Majesty, that he would be graciously pleased to direct that an inquiry be instituted into the conduct of vice admiral sir Alexander Cochrane, touching the representation made to him respecting the landing from the Recruit, captain Lake, and leaving behind on the island of Sombrero in the West Indies, a man named Robert Jeffery, in the month of December, 1807."

The Chancellor of the Exchequer thought that if the hon. gent. was to have sir A. Cochrane brought to a court martial, it would be to carry the feelings of the House to an extravagant length, and therefore hoped that the hon. member would withdraw his motion.

Admiral Harvey expressed a similar hope, in consequence of the inconvenience to the public service that would arise from withdrawing the commanders of vessels from their ships, and the commander in chief from his station, in order to attend a court-martial.

Mr. R. Ward stated that the Admiralty had received the explanation of his conduct from the gallant admiral; and the explanation appeared satisfactory, not so far as to call for their approbation of his conduct, but certainly to induce them to abstain from any proceeding with a view

to censure it.

Lord Cochrane stated, that captain Lake had been sent home on the half-pay, in consequence of his conduct, though the lords of the Admiralty had afterwards thought proper to promote him in the West Indies.

Sir C. Pole observed, that sir A. Cochrane had done all but bring captain Lake to a court martial, and that he must, and. ought to have stated to the Admiralty why he sent that officer home on the half-pay.

Mr. W. Pole, as having been secretary to the Admiralty at the time, felt it necessary for him to state, that the fact asserted by the noble lord was perfectly new to him, and to the Admiralty. Captain Lake had returned to this country ill, and on his recovery had been sent out again to the West Indies. A commission had also been sent out to admiral sir A. Cochrane, to make that officer post on the

first vacancy. But the Admiralty then | oath to criminate themselves, peculiarly knew nothing of the transaction which was the subject of the discussion.

Mr. Whitbread stated that he should withdraw his motion on an understanding that the lords of the Admiralty would call for further explanation of his conduct from sir A. Cochrane, reserving to himself at the same time the right of bringing forward his motion on a future day, if it should appear that what may be done was not satisfactory. The motion was withdrawn, and the hon. gent. moved, "That there be laid before the House copies or extracts of all communications, together with the dates of the letters which passed between the lords commismissioners of the Admiralty, or the first lord of the Admiralty, and vice-admiral sir A. Cochrane, touching the landing from the Recruit, captain Lake, a sailor named Robert Jeffery, on the island of Sombrero, in the West Indies." Agreed to.

HOUSE OF COMMONS.

Wednesday, April 4. [ASSESSED TAXES.] The Chancellor of the Exchequer, adverting to a notice before the House from an hon. member (Mr. C. Dundas), for a motion relative to the collection of the Assessed Taxes: expressed a wish that that hon. member would have the goodness to postpone the motion until after the recess, as the subject was under the serious consideration of the Treasury, in consequence of complaints from various quarters. He assured the hon. member that every suggestion should be attended to that could tend to promote the object desired, and that with that view he proposed to recommend a measure of regulation which, he hoped, would serve to obviate the evils complained of.

Mr. C. Dundas, stating that he had no other motive in bringing forward this business than a desire to relieve the peo'ple from oppression, expressed his readiness to consign it to those who had more ability to administer that relief. He was, indeed, happy that the right hon. gent. who was so capable of giving effect to any arrangement upon this subject, had manifested an intention to follow it up; and he assured him, that any materials he had collected should be promptly at his devotion. There were points which he begged particularly to recommend to the right hon. gent.'s consideration; one with regard to the interrogation of men upon

VOL. XVI.

demanded revision; and there was another point which appeared to call for inquiry. Upon the latter point, a circumstance had come to his knowledge, of which, probably, the right hon. gent. had not heard. Some Commissioners of the land tax, from the county of Hereford, were lately obliged to answer a suit in the Court of Exchequer, in consequence of the performance of their duty. In this suit they incurred an expence of 2801.; and although the verdict was in their favour, they declined to avail themselves of it. This forbearance was, no doubt, honourable to the individuals concerned; but he submitted to the House whether such a case was not calculated to depress the exertions of gentlemen who gave their services gratuitously in such Commissions? and whether it was not likely to indispose other gentlemen, not so public spirited and disinterested, from deciding according to their judgment, lest they should be exposed to expence and trouble? It was obvious that the recurrence of such a case ought to be provided against.

Mr. Shaw Lefevre urgently pressed upon the attention of ministers the conjectural surcharges to which people were subject from surveyors, who, in fact, often knew nothing of the persons whom they surcharged, but proceeded upon a speculation, productive in most cases of extreme injustice and vexation, particularly in the country.

The Chancellor of the Exchequer's request was complied with, and the notice was accordingly withdrawn.

[MR. HUNT.] Mr. Calcraft observing, upon two notices which he had given for Friday, one relative to the neglect of the Ordnance Board respecting Mr. Hunt's security, and another with regard to Mr. Hunt himself; said that he understood it would not be quite regular to bring forward both motions upon the same day. His intention as to Mr. Hunt was, after a discussion of the papers with respect to his misconduct, to move his expulsion. Of a motion so serious it was obviously proper to give the subject of it previous notice; and he had sought him out for that purpose. Bnt that person was not to be found. He would, however, give notice of his motion respecting him, for tomorrow se'nnight, which he understood to be a fair interval upon such an occasion.-After a few words from the Speaker, the hon. gent. gave notice of a motion upon to2 G

morrow se'nnight on the subject of the 12th Report of the military commission; and it was ordered, that Mr. Hunt do attend in his place on that discussion.

HOUSE OF LORDS.

Thursday, April 5.

[SPANISH CAMPAIGN.] Lord Holland perceiving the noble secretary in his place, desired to be informed, whether a certain intercepted letter from the French general Victor, to Joseph Buonaparté, dated the 24th of July, and which must have been received by the British minister in Seville, the 3d or 4th of August, was in the possession of the noble secretary? And if so, whether, without injury to the public service, it might not be produced for the information of their lordships?

Marquis Wellesley believed that there was a letter, such as the noble earl alluded to, in his possession, and that, apprehending no public inconvenience from the production of it, he should lay it on their lordships' table.

home to their agent in Spain, except the solitary document alluded to.

The Earl of Liverpool rose to correct a misconception which the noble earl appeared to have adopted. That noble earl and the House would recollect, that the papers called for by the noble marquis opposite (Lansdowne,) and in consequence submitted to their lordships' notice, related solely and expressly to the campaign in the peninsula, and did not refer to documents or instructions on any other subject.

Earl Grey could not admit, nor did he suppose, that any noble lord, who attended to the motion of his noble friend when he called for the papers relative to Spain, could imagine that he confined his view to the mere military operations in that country. It was obvious that those very military operations themselves, must often depend on events and considerations of a political nature, where it was important to ascertain the temper, the spirit, and the motive by which the persons with whom we were in alliance were actuated in the The Marquis of Lansdowne perceiving, prosecution of a contest so momentous as among the mass of Spanish Papers pre- that, in which we were mutually engaged. sented to their lordships, the copy of only He therefore trusted, that, as the noble lord one letter from Mr. Secretary Canning to had on a former night expressed a readithe British minister in Spain, during fourness, and even an earnest wish to disclose months, namely, from the 12th of April to the middle of August 1809, a period during which some of the most important transactions were going forward in the peninsula, wished to learn whether that was indeed the only letter transmitted by his Majesty's government, for the direction of their minister in Spain, during a period, and at a crisis so momentous?

every document of his own, he would now, with the same frankness, consent to produce those of his predecessor.

Marquis Wellesley was willing to afford every facility towards their lordships information, and said, that he should again carefully examine all the official papers relative to the present question, and lay upon their lordships' table all such as should appear fit or useful to be pro

The Marquis of Lansdowne then moved, "That the House be summoned to take those papers into consideration, next Tuesday se'nnight."

Marquis Wellesley was not aware of any other letter of instructions, relative to theduced. object of the papers now before the House, being sent to Mr. Frere. He did not speak with certainty; but after a perusal of the official papers, with all that attention which the seriousness of their object required, the impression on his mind at present was, that no other letter of importance had been sent to Mr. Frere.

Earl Grey expressed his surprise at hearing it said by the noble secretary, that four months had elapsed, during which the most weighty and momentous events were passing in Spain-events which deeply engaged the interests, the feelings, the honour, the welfare, and perhaps, ultimately, the political existence of this country, without any other communication from his Majesty's government at

[EXPEDITION 10 THE SCHELDT.]-The Earl of Darnley wished shortly to call their lordships' attention to the subject of the late disastrous Expedition to the Scheldt, which had been lately discussed in the other House of Parliament. After the decision which that House had come to upon this subject, he entertained no very strong hopes, that an opposite conclusion was likely to be formed in this. Confident, however, he was, that, excepting the House of Commons, there was no public body, nor any other set of men, in these kingdoms, who entertained the opi

nion which had been expressed by that House, he thought, that it was a subject which their lordships could not pass over in silence; and, little as he was warranted to hope that a majority of their lordships would coincide with him on the occasion, still he could not rest satisfied in his conscience without calling their attention to the question, and giving those noble lords, who thought with him, an opportunity of expressing their sentiments. He was not prepared to name any particular day for bringing forward any motion upon the subject, but if no other noble lord should think fit to take it up, he should himself do it on an early day.

[REVENUE CRIMINAL LAWS.] Lord Grenville called the attention of the House to a subject which he conceived highly important to the jurisprudence of the country. A bill had been sent up from the other House of Parliament, for consolidating. into one act all the laws against smuggling, and other frauds upon the revenue. This bill also included and confirmed all the capital punishments against such crimes. He had opposed the bill in that shape, as unfit to be adopted, without the opportunity of fully considering and discussing the nature of the crimes thus subjected to the punishment of death; and, therefore, he had moved that a separate bill should be prepared by the judges, including all the crimes against which for mer acts denounced the punishment of death. That bill was now on the table. It had been read the first time, and described no less than seventy-five crimes against revenue law, subject to the punish ment of death. He thought it wholly unfit to be enacted, and inconsistent with the merciful spirit of British legislation. Where high duties upon articles of consumption were imposed, strong temptation was given for evading those duties, and capital punishments should not be inflicted where not absolutely and indispensably necessary to the due collection of the revenue. What he should, therefore, wish to do, was to move for the present, that the bill be read a second time; and then referred to a select committee, who should be instructed to inquire in what cases it was actually necessary to enact capital punishment, in order to the due collection of the revenue, and that the Committee should avail themselves of all the information to be derived from the solicitor of the revenue, and such other persons as were most conversant in carrying the revenue

laws into effect; and to make such amendments in the bill as they should think ne

cessary.

The Earl of Liverpool acquiesced in the suggestion of the noble lord, and thought a select committee the preferable mode of proceeding, as also that the law lords, members of that House, should be of the Committee.

Lord Grenville then, after the second reading, moved for the commitment of the bill, which passed accordingly. He then moved, "That it should be committed to a select committee, empowered to alter, or amend, as they should think proper, that part of the bill which related to capital offences against the revenue."

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HOUSE OF COMMONS.

Thursday, April 5.

[MR. LETHBRIDGE'S COMPLAINT AGAINST SIR FRANCIS BURDETT-ADJOURNED DɛBATE.] Mr. Lethbridge moved, "That the order of the day, for resuming the adjourned debate on the motion made upon the 27th day of March last, That a Letter, signed Francis Burdett,' and a further part of a paper, intituled, Argument,' in Cobbett's Weekly Register of March 24, 1810, is a libellous and scandalous paper, reflecting on the just rights and privileges of this House, be now read:" And the same being read,

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Lord Ossulston rose, and in a low tone of voice proceeded to vindicate the doctrine laid down by the hon. baronet respecting the right of commitment, as claimed and exercised by the House. It was not his intention to discuss the first part of the publication of the hon baronet, as that on which the greatest stress was laid was entitled the Argument. He was of opinion, notwithstanding all that had been contended to the contrary, that the publication did not come under the cognizance of the House. He cited the authority of chief justice Holt, that neither House of parliament could infringe upon the liberty of the subject. He further quoted from the same authority, that the privileges of parliament were founded upon the laws of the land, and could not be in contradiction to those laws. He stated also, that, in the argument laid down by chief justice De Grey, it was laid down that, as the law of parliament was only known to parliament-men, the public could not be justly answerable for any breach of it. The noble lord then adverted to those personal

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