Page images

dangerous manner. If the party could ob spoken explicitly, and at once have subtain no other fruit of his action than a judg-stituted bank notes as a legal payment inment for his debt without costs, he would stead of money. Not having thought fit to in truth, be compelled to accept the tender do so, the courts of law will not subvert made to him by the lodgment in bank notes, established principles in order to accomplish and thus, not by an act of the legislature, that indirecily which the legislature has debut by an arbitrary decision of the court, clined to do directly.--I trust, I have now all creditors would be compelled to accept sufficiently established the practicability of of bank notes, however depreciated, in pay. enforcing the payment of debts in specie. ment of debts.--An application of the I agree with your correspondent, however same principles wilt resolve your correspon in his doubts of the measure being enforced, dent's second query. If a creditor obtain at least, until bank paper shall be still furjudgment, he is entitled to satisfaction of ther depreciated.-- Permit me to add an his entire judgment out of the estate of his observation upon the statute abovemention. debtor as far as it will extend, and if a sale ed. The law, in its anxiety to enforce full takes place he has a right to insist that the satisfaction of debts, had provided that sale shall be so conducted as to produce him where a debt certain was sworn to, bail his entire debt, that is, to produce him mo should be given to abide the event of the ney of established, and not paper of uncer-suit, by two housekeepers, who should each tain ut depreciated value. The creditor swear himself worth double the debt, thus does not, as your correspondent supposes, giving a security to four times the amount of sell the property for less than its real value. the debt. By this statute, a lodgment of It is true, indeed, that if sold for bank the debt in bank notes is substituted fot notes it would produce a greater nominal the former ample security; and by the desum, but then its real value, is its price in preciation of bank paper this security may specie, and if sold for bank notes, the cre be diminished to a half, or a fourth, or any ditor would be the loser to the extent of the given proportion. At present it is 2. of difference of value between bank notes and 3 per cent. less than the real debt. In Irespecie. Suppose bank notes at a discount land it was 10 per cent. less. If such an of 50 per eent (it is now established that extraordinary depreciation should onfortuthey have been at a discount of 10 per cent nately occur, which must be admitted to be in Ireland, and it is hard to say how far an possible, the debtor may lodge the amount invasion might depreciate them,) would it of his debt in this paper thus sunk in value, be contended, that a creditor could be com and remove himself wherever he pleases pelled to accept of half his debt in satisfac. with all his property, and no process of law, tion of the whole? And yet to this length that I know, can detain him, because he has would the argument go, because a bank left the security required by law to abide note would then be worth only half its no the event of the suit, a security eventually minal value. If he should not be compel. worth little or nothing.--I am, Sir, your lable to accept half his debt, by what law is very humble servant, -AGRICOLA he com pellable to admit a déduction of 2 or 3 per cent? --The matter, in my judg.

FAMILY RECONCILIATION. ment, resolves itself shortly and simply to Sir,- In the country where I live, the this. Previous to the restriction act, the reunion of Messieurs Addington and Pitt only mode of paying a debt, known to our was received with joy; though none of us law, was the gold and silver coin of the could precisely foresee what good it was to realm, of a certain weight, as regulated by do to any body but themselves. Perhaps statute. And every creditor had a right to you can tell us. Having no sagacity of our insist upon, and could enforce by law, pay. own, we rely upon your's for information ment in this coin. The alteration made by on this point. The minds of men in this statute we must look for in the Act of Para quarter are agitated with many doubts. We liament. And, therefore, we find that a want to know which of the gentle pair is to man when sued for a debt, may deposit the take the lead hereafter; is it to be Nisus or Euamount of the debt sworn to in bank notes, ryalus? Is it Polluz who pursues, or Castig instead of submitting to an arrest, or giving who deposits the object of the chace ? Is it the special bail to abide the event of the suit, active or the passive party in the last change as he '

must have done previous to the sta of administration? Which is the sword, tute But there the act stops, and where and which is the scabbard? In short, Sir, it stops, the old law takes its course. If | which of them is to say to the other, i pre the legislature had intended any further in seynar, or are they to run a-breast, like ponovation, it is to be presumed, ii would have neys in a curricle ! ---Those doubts are very

much fortified by reading over again, as ! by the advanced pile battery of Fort Rouge, many of us have done, the manifestoes which I considered it an object of some importance the parties published, or caused to be pub to effect the destruction of that work, and lisbed, agaiost one another, while they were lately directed Capt. Sir Home Popham, of at war. A certain Near Observer (whom the Antelope, amongst other objects, to hold we all took for Mr. Addington), in his reply in view a favourable opportunity for making to a plain Answerer (whom we all took for this attempt.- I now transmit, for their Mr. Pitt), p. 61, says that, in " a certain lordships' information, a letter, and the enstatement made by the latter, there is not closures to which it refers, which I have one word of truth, though it came from un received from that officer, reporting the reder the eye of the ex-Chancellor of the Ex sult of an assault which he directed to be chequer.” But, in p. 69, there is a passage made upon it early on the morning of the still wore remarkable. “ Certainly, if it be gih inst, and from which there is reason to “ malice and animosity towards Mr. Pitt, conclude that the fort has sustained material “ not to wish to see him in the chief place, damage ; but that from the unfortunate cir“ I am guilty of it. No man has beiter cumstance of its not having been possible,

justified than he the famous observation, under the existing state of weather and tide, " that - Tel brille au second rang, qui s'é to carry up two of the explosion vessels to

clipse au premier."-" That he neither un the point of attack, the injury has been far • derstood ihe siate of Europe, nor the na less extensive than might have been other “ ture of the French revolution, is a part of wise expected. The conduct of Lieut. Hew ** history; that his orignal error infected Stewart, of the Monarch, on this recent oc" the whole character of the war, and made casion, will not fail, I am sure, to excite « his whole conduct, to use an expression their lordships' admiration and praise. I

of Mr. Burke, ONE ERROR, cannot be have great pleasure in conveying to their doubted by any man, who would wish to lordships Capt. Sir Home Popham's testi

pass for a statesman, or even an observer mony to his distinguished merit, and to the " of events. Ergo, none but a.

a. Alatierer zealous and active assistance which he rewould place him again in a station, where ceived from Capt. Brownrigg, Lieut. Lake, " he and half mankind have eternal reasou and Mr. Barıholomew.-l have the honour

to regret that he has even ascended.”— to be, &c. Keith Now, Sir, we wish to know from you, were

Antelope, Downs, Dec. 10, 1804. these declarations written by Mr. Addington My Lord, -I avail myself of the first mohimself, or did they come from under his eye, ment of my return to the Downs to acquaint or did he only furnish the materials and in you, that towards noon on Saturday the Sth, structions, without directly committing him the wind promised to come to the S. E. and self as the author ? If this be his opinion of knowing it to be your lordship's intention to Mr. Pitt, will he submit to act under him? attack the enemy at every assailable point, I or, if it bę not, how can he pretend to take sent the Dart on the close of the evening rank above him? A plain answer to these to an assigned station between Seagate and queries would be a considerable relief to Fort Lapin, accompanied by the Susandab many plain country gentlemen, who know explosion vessel, and two carcases, with a not what to think of this new country dance. view of making an assault against Fort Are the partners to join hands, and foot it Rouge.--Lieut. Stewart, of the Monarch, face to face, or side to side, or back to back, commanded the explosion vessel ; Mr. Baror are they to practise their close dance 10 tholomew, acting lieut. of the Antelope, gether, like Mr. Brisk and Lady Froih in had the charge of the first carcase intended the i Double Dealer'?

RUSTICUS. to be applied; and Capt. Brownrigg re

quested to take the other. Your lordsbip DOMESTIC OFFICIAL PAPERS. is aware how difficult it is to ascertain the ATTACK ON Fort Rouge.-Copy of a Letter precise injury done to the enemy in an en

from the Rt. Hon. Lord Keitb, Admiral of terprise of this pature, which, in most cases, tbe Blue, G'c. to W. Marsden, Eaq. dated must be undertaken in the night ; but, bat on board the Monarib, of Ramsgate, the you may be possessed of the best informalith Dec. 1804.

tion in that respect, I sent the Fox cutter, Sir,-Divisions of the enemy's fotilla whose master is an active intelligent man, passing from the eastward towards Boulogne, and well acquainted with Fort Rouge, to having frequently, when pursued by his Ma reconnoitre the place as close as possible jesty's ships and vessels, iaken shelter in the without risk, and I annex his report to Licut. harbour of Calais, their entry into which Stewart's, as the clearest account that can be has been particularly covered and protected given of the-able and officer-like manner in

which the Susannah was placed, and the For Cutter, off Calais, Dic. 9, 1804. evident consequences of such an application, Sir,-According to your order 1 proceedeven under circumstances of considerable ed off Fort Rouge, and examined it very disadvantage.- I very much regret that Mr. strictly. As I proceeded towards the shore, Bartholomew could not fetch the port; for I saw a great quantity of plank and timber I am positive he would have lashed the car floating, and would have picked up some, cass to the piles; be, however, very prudent- but was afraid I should lose the ride, as I ly returned with it to the Dart; and al wished to examine it at low water. In though something prevented the second car standing in, I could discern a great number: cass from going off, which evidently bad of poople all round the S. W. end of the been striking against the piles, from the infort, and from the W'est head all the way dention at one end, yet he recovered and to the Sand Hills. I did not discover any brought it also on board.-I am most per. alteration on the past side of ihe fort; fecily satisfied with the zeal and activity but when I got to the westward of the Fort, which Capt. Brownrigg manifested on this I could plainly discover the most part of it accasion; the Dart was admirably placed, to be damaged, and the breast--work knockand every assistance afforded from her that ed down, and I have every reason to believe could ensure the success of this service, it was very much injured, by such a number which must now be considered as confined of people being assembled there, and seem-. to the efforts of the Susannah; and I take ing at work upon it.- I am, &c. W. Blake. this opportunity of most particularly recom - To Sir Home Popham, K.M. mending Licut. Stewart to your lordship's notice ; which, I hope, will also be estend COUNTERFEIT Coin.--Circular Note ed to Mr. Bartholomew, notwithstanding he from the Sec. of State, Lord Hau kesbury, to could not fetch the battery ; and your lord. the Lords Lieutenant of Counties. Dated ship must be alive to the enterprizing con Wbitehall, Dec. 180-1. duct of these two officers on a former occa

MY LORD; -I beg leave to repre: sion.- 1 cannot conclude my report without sent to your lordship that much mischief is assuring your lordship that Lieut. Lake, of likely to arise from the frauds committed by the Locust gun brig, who was appointed to issuing of counterfeit silver coin, chiefly cover the boais, behaved in a most exem brought from Ireland, and frequently plary manner, by keepiog so close io as to stamped, the better to deceive the public's draw all the fire upon his own vessel ; and I and from an erroneous opinion having prehave great satisfaction in stating, that not vailed, that, because it was once circulated an officer or man was hurt in this operation. in Ireland (though since suppressed there),'

I have the honour to be, &c. Home it is now not unlawful to circulate it here. POPRAN.

In order, therefore, to stop the progress of His Majesty's ship Dart, Dec. 10, 1904 this evil, and to give efficacy to the laws Sir,-lo pursuance of your instructions, for the punishment of persons utlering and according to the arrangement you made counterfeit coin, knowing it to be so, partifor the attempt on Fort Rouge only, I left cularly the Act of the 15th and 16th of this ship at two A. M. and proceeded in

Geo. II. c. 28. I am joduced to request sbore with the explosion vessel in my charge, that your lordship will earnestly recommend until the water shoaled to two and a half it to the magistrates in their everal disfathoms, when I tacked and stood off, so tricts in the county of , to give no. as to enable me to fetch the battery, which tice to the public that large quantities of: I did about half past two, and placing her such base coin are in circulation; that such bowsprit between the piles, left her in that circulation is an offence againsi the last situation. To a few minutes I observed ber and to recommend it to traders to secure the swing with her broadside to ihe battery, in parties tendering such money, and also the consequence of the bowsprit being carried counterfeit money tendered, so as to ideiiaway, and as ao anchor was dropped the tify it; stating at the same time in such noinstant she struck the piles, I had not the tice, that, on the application to a magistrate smallest doubt of her remaining there until (in case these facts can be sufficiely the explosion took place, which was in a proved), the offenders willbe prosecuied bv few minutes ; I could not fetch the cover ihe Solicitor to his Majesty's Mint, at the ing brig, and as it had every appearance of public expense, and in that case a reas: coming on to blow from ihe 'S. E. in which able compensation will be made for the loss quarter it was when I left the Dart, I hope of time and trouble of the witnesses in sucht you will excuse my running in the galley to prosecution. --To facilitate this incue of the Downs.-I have, &c. Hew STEWAKT, proceeding, and the better to To Sir Home Popham, K M. Antelope. magistrates to carry it into itfirl, I b

11J POLITICAL REGISTER.-Embargo on Spanish Ships.-Cir. Let. of Com in Ch. (12

. . . leave to add, that in any particular cases ficer of his regiment, to his colonel; who, brought before them, wherein they may be in transmitting the same to the commander desirous of obtaining further information, in chief, may at the same time, if there are they may receive it, upon communicating purchasers in the corps, recommend in sucthe circumstances of such case to Joho Ver. cession, the senior of their respective ranks non, Esq. of Lincoln's Inn, the Solicitor to for purchase, both the colonel and commandhis Majesty's Mint.

I think proper to

ing officers certifying, that they are satisfied add on this occasion, that in the case of any that no more than the sum stipulated by his quantity of counterfeit coin being found in majesty's regulation is given or received. the possession of any person, it will be ex Should there be no purchaser in the regi. pedient to seize such coin, and to make im. nent, the resignation of the officer desirous inediate communication thereof to the Soli retire, is alone to be transenitted in the citor of the Mint, who has express orders to manner and farm above mentioned; whea, attend to such communication; and, in the should the application be deemed proper to mean-time, it will be proper to commit the be granted, his royal highness will recomperson for further examination. I have mend to his majesty, such officer for the The honour to be, &c.

purchase, as to his royal highness may ap

pear most eligible. Officers belonging to EMBARGO ON SPANISH SHIPS.-Order of regiments stationed in Ireland, must make

Council relative to the detention of Spanish Ships, their application in a similar course to the and Ships bound to Spain, Dated at the Court co

commander of the forces there; and, on foat the Queen's Palace, the 19th of December, reign stations, through the commandjog of1804. Present the King's Most Excellent Ma- ficer, to the general officer ander whose jesty in Council.

command they are; their applications beiog Whereas information has been receiv- uniformly sanctioned by their respective comed that an Embargo has been ordered to be

manding officers, who are to certify, in the laid upon all British ships in the ports of same manner as colonels, of regiinents, at. the kingdom of Spain: it is this day order- | home, that they are satisfied in regard to the ed by his Majesty, by and with the advice sums given, or to be received, being in sirict of his Privy Council, that no ships or vessels conformity to his majesty's regulations. Co. belonging to any of his Majesty's subjects lonels, when absent from Great Britain and be permitted to enter and clear out for any Ireland, may empower the officer in actual of the ports of Spain, until further orders: command of their regiments, or their regiand his Majesty is further pleased to order mental agents, to recommend purchasers for that a General Embargo or Stop be made of vacant commissions, in which case the ne: all ships and vessels whatsoever, now with cessary certificates, in regard to the sum to in, or which hereafter shall come into any be paid in regimental succession, must be of the ports, harbours, or roads, within the signed by them in the colonel's absence, as United Kingdom of Great Britain and Ire well as the recommendation for the purchase, land, together with all persons and effects and the person so recommending 10 corneton board the said ships and vessels; but cies or ensigncies vacant by purchase will be that the u!most care be taken for the pre held responsible for the eligibility of the per servation of all and every part of the car son recommended. The commander in chief goes on board any of the said ships, so that is further pleased to direct, that when an no damage or embezzlement whatever be officer is dósirous of retiring on balf-pay, resustained. (Signed) S. COTTRELL. ceiving the difference, the same rules are to

be observed in regard to transmitting his apCircular Letter of the Commander in Chief, plication; but no recommendation in stic

relative lo ihe Sale of Commissions.-Dated cession is to accompany the request to retire; October 24, 1804.

as bis royal bighness will himself oominate His Majesty's regulations in regard to the the officer to be proposed to his majesty for sums to be given and received' for commis the exchange. To enable the command. sions in the army, baving, in various instan er in chief to recommend officers for pur. ces, been disregarded, to the great prejudice chase, it is necessary ihat regular returns of of his majesty's service, his royal highness all officers prepared' to purchase promotion the commander in chief, is pleased to direct, should be transmitted from each regiment that when an officer is desirous of retiring and corps in the service to the commander in from the service, and of having leave to sell chief's office, Horse Guards, London, on the his commission, if his regiment is in Great 25th of March, the 25th of June, the 251h Britain, he is to send his resignation in the of September, and the 251h of December in usual manner, through the commanding of each year, under cover to his royal highness's

military secretary; and these returns must government of this kingilom constantly be. particularly state where the money of each long, of right, to the different members of individual desirous of purchasing is lodged, The Family, who, however they may dis. or offered to be obtained; and similar returns agree as to the distribution, ought, on ro must be forwarded to the regimental agent account, to suffer any portion of this their for the information of their respective colo. inheritance to fall into the hands of any pels. Cfficers, on leave of absence from other persons but them.selves. This prina corps on foreign service, may transmit their ciple seems to be so firmly fixed in the applicados lo purchasc or sell, through the minds of the persons who liave adopted it, coloncis of their regiments; and in the event that, upon whatever arises fairly out of it, of a cbange in an officer's circumstances be they, whenever an occasion offers, argue, as tween the quarterly returns, he may make a upon a self evident position. Hundreds of direct communication to head-quarters, in instances might here be cited, wherein th.; order to prevent any purchase, taking place members of The Family, or their partisans, in his own corps, by which he may be pas; have thus argued. Whoever has paid the sed over by a junior officer. This ride is ap slightest attention to their language, wheplicable also to officers on tbe recruiting ser ther in or out of doors, must have perceived, vice, or other military duties, whose corps that they always talk of the government as may be on a foreign station. Officers on something which is theirs; that they reason half pay desirous of exchanging to full pay, as if it were admiited, as a matter of course, giving the regulated difference, must ad that some of them must be our rulers; and, dress themselves to head-quarters, stating that the only question for both them and us where the money is lodged, or to be obtain: to consider, is, wbicb of them are the persons ed, to enable the commander in chief to re most proper, or whose turn it is, to role us. commend them as vacancies occur. After I have recently made sorte quotations from ter these orders bave beon circulated, no at. the pamphlet, entitled “A PLAIN REPLY," tention will be paid to representations of of published by some very close friend of the ficers who bave neglected to return them Addington branch of The Family, in order selves prepared to purchase, as, whatever to counteract the effects of the “ PLAIN hardship, they may suffer in that case, must ANSWER,” which was written by MR. be entirely owiag to their own neglect. In LONG, or, at least, which went to the press causing these orders to be circulated to the from him. The “ Plain Rerly" was atarmy, the commander in chief thinks pro tributed to Mr. BRAGGE, whether correctper to declare, that any officer who shall be ly or not I cannot say; but, it bears interfound to bave given, directly or indirectly, nal evidence of having been written,'or dic. any thing beyond the regulated price, in dis tated, by some one having direct access to obedience to his majesty's orders, or to have the then minister, and, in point of execution attempted to evade the regulation in any man it is not beneath the talents of MR. 'ner whatever, will be reported by the com Bragge. In this pamphlet the family doc. mander in chief 10 his majesty, in order that trine makes its appearance in almost every he may be removed from the service: and it paragraph. I will cite a few instances as I is also to be understood, that the prescribed turn over the pages. ". The fact is," says forms of application for the sale and purchase the writer, “ that Mr. Addington's relinof commissions, and the usual certificates “ quishment of his situation as Speaker was annexed thereto, are in all instances to be “ considered by him, and must be consicomplied with. By command of his royal " dered by every candid man, as an abso"highness the commander in chief. -G. A. 6 lute and real sacrifice.” Just as if he had EADEN, military sec.

given up the fee simple of a house or a farm;

and without, for a moment, admitting even SUMMARY OF POLITICS. the possibility of any other person ever preFAMILY RECONCILIATION (continued suming to offer himself as candidate for from Vol. VI. p. 1061). Before I proceed the Chair. Speaking of the friendly office further to remark upon the probable con performed by Mr. Addington towards Mr. sequences of this reconciliation, it appears Pitt and his colleagues (but towards Mr. Pitt necessary to explain a little more fully the in particular) in taking possession of the nalure of the connexion of our Political Fa. vernment at the time of the resignati n, ihe mily, and also to take a short retrospective writer concludes thus: “ From this” (the view of the causes and progress of the quar motions of censure on the part of opposi. rel which lias now been so happily termi- tion] “ From this, and much more, they were nated.---The main principle of The Fa " relieved by Mr. Addington's consenting mily seems, as was before observed, to be, 66 to become their successor. By his engathat all ibe power and emoluments of the "ging to carry on administration, they became


« PreviousContinue »