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VOL. VII. No. 13.]

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LONDON, SATURDAY, MARCH 30, 1805.

[PRICE 1OD. "Thus" (alluding to an inquiry during the Duke of Portland's administration]" a new and extraordinary power was given to inquire into and correct obvious and trifling abuses, while those of a more covert, a more dangerous, and a more extensive nature, were to be left to the ordinary controul of the establishFor my part, I can see no teason for passing over even the most trifling abuses, except laziness or "pride, and these are obstacles which I hope will never stand between me and my duty. Nor can 1 con"ceive how, in the present situation of this country, any person or persons, to whom the care of its interests “are entrutsed, can justify to themselves to omit any exertion, that may tend, even in the most minute particular, to promote that economy, on which the recovery of the state from its present depressed situation "so much depends."MR. PITT's Speech in the House of Commons, upon the bill for establishing a board of commissioners to inquire into the abuses, To. Co. of the different offices.-Debrett's Debates, 8th March, 1785. 449]

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"the better conducting and managing the "business of the said departments, and of prize agency, in future."

[The following contams the whole of the TENTH REPORT, as far as that report relates to LORD MELVILLE and MR. TROTTER: the other parts of it are mere illustrations of this part, and are not material. -The whole of Lord Melville's evidence is inserted. That part of MR. TROTTER'S evidence that is the most material is inserted; and, I have also thought it right not to omit the written paper, which MR. TROTTER delivered to the commissioners, and which may be regarded as his defence.-I think it right to observe, that, whoever wishes to form a correct and impar tial judgmen: upon this important subject, should read the whole of what is here printed. Every part of it is material. The preliminary matter is essentially necessary to a clear and right understanding of what follows. The act of the 25th of the King cap. 31, is the ground work of the whole. The provi-jesty, cap. 31; having done this, they found very

sions of that act, as well as the resolution and report that preceded it, should never be lost sight of. And, the reader should remember the times, and the language in fashion (see the motto), when the act was passed.A just and impartial decision is our object; and, again I beg leave to recommend, an attentive perusal of every sentence.]

TENTH REPORT

OF THE

COMMISSIONERS OF NAVAL INQUIRY.

To the Honourable the COMMONS of the United Kingdom of Great Britain and Ireland, in Parliament assembled: the Tenth Report of the Commissioners appointed by an act of the 434 year of his Majesty's reign, entituled, "An act for appointing commis, "sioners to inquire and examine into any "irregularities, frauds, or abuses, which are " or have been practised by persons employ"ed in the several naval departments there"in mentioned, and in the business of prize "agency, and to report such observations as "shall occur to them for preventing such "irregularities, frauds, and abuses, and for

[Such is the general title of the report, which then begins by stating, the object about to be reported on is, "THE OFFICE OF TREASURER OF HIS MAJESTY'S NAVY," as to which office, the commis. sioners having issued their precepts to the Treasurer of the Navy for an account of the state and disposi tion of the public money, with which he stood charged on the 31st of December in each year, from 1786 to 1502 inclusively; that they might judge of the propriety of the balances of public money left in his hands, and see whether the balances unappropriated to public services at those periods, were in the Bank of England, as required by the 25th of his present Ma

great deficiencies. But we will now take their own words ]

The returns made to our precepts commenced with the year 1784, and we discovered by them, that the sums standing in the name of the treasurer of the navy at the Bank were, for the most part, considerably less than his unappropriated balances, as will appear by the following statement; viz. [Here follows the statement; but, to avoid repetition the reader is referred to p. 481, where he will find the sums stated in the first question put to Lord Melville.]

The discovery of these deficiencies led us to examine the regulations which had from time to time been established for the better management of the office of treasurer of the navy, and the circumstances from which they arose: we shall give a brief account of the circumstances and regulations, as well as a general outline of the mode of carrying on the business of the navy pay of fice, and then state the conduct of the different treasurers under such regulations.The attention of the commissioners for taking and stating the public accounts of the kingdom was particularly directed to this department. -Several wise measures were proposed by

these commissioners to remedy the inconve.niences, and prevent the losses to which the publie was subject from the then mode of conducting the business of the navy pay office; and most of the subsequent regulations were grounded upon them.--On the 18th of June, 1782, the House of Commons, in a committee, took into consideration the reports made by the said commissioners; and, among other resolutions, came to the following: "That it is the opinion of this com

mittee, that from henceforward the pay"master general of his Majesty's land "forces, and the treasurer of the navy for the "time being, shall not apply any sum or sums of money imprested to them, or "either of them, to any purpose or advan"tage or interest to themselves, either aircatly

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or indirectly." * -On the next day this resolution was agreed to by the House. In fartherance of the intention of the House of Commons, we find that his Majesty, on the 26th of the same month, directed, by warrant, that the salary of the treasurer of the navy, being at that time £2,000 a year, reduced by taxes and other charges to £1,850, should be increased, by an additional allowance to £2,150; that his annual income in future might amount to the sum ' of £4,000 in full satisfaction of all wages and fees, and other profits and emoluments, theretofore enjoyed by former treasurers.

-The same commissioners, in their eighth report, of the 20th of Dec. 1782, respecting the then mode of passing the accounts of the treasurer of the navy in the office of the auditors of the imprest; state that their examination on that subject has enabled them to form an opinion upon another point of moment to the public, which opinion we shall give in their own words;---" The legis "lature have, in the last session of parlia.

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ment, introduced into the office of the pay"master general of the forces a regulation, "which, as it seeins to us, may be applied as beneficially to the office of the treasurer of "the navy. The custody of cash applicable

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to the navy services may be transferred "from the treasurer to the Bank of England, and the account only of the receipts "and payments be kept in his office; all "the sums now received by him may be re

ceived by the Bank; sums from the Ex"chequer may be imprested to the Bank;

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sums directed by the le teis of the differ"ent boards to be paid to him, may be di"rected to be paid into the Bank; all bills "assigned upon him for payment may be

* This resolution should be particularly attended to.Note of the EDITor.

"paid, and all extra payments may be made "by his drafis upon the Bank; the payment "of the seamen, the artificers and labunters "in the yards, and the persons in the bos"pital ships, and on the half-pay lists, must "be carried on in the same manner it is fr now; these men cannot be paid by drafis; "they must have cash, and with that cash "the pay clerks must be entrusted as they " are at present; and the treasurer must "continue to be responsible for them, as "for officers of his appointment, and under "his controul; but this will be no obs ree"tion to the regulation. The money may be "all issued to the pay clerks by the drafts of "the treasurer upon the Bank, according to "the requisitions of the navy board, in like

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manner as many of these sums are issued

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at this day; and, upon the death or resig "nation of a treasurer, the balances of his "cash in the Bank, and in the hands of his 65 pay clerks may be struck immediately, and "carried over to the account of his succesIn this situation, the treasurer, nei"ther receiving nor paying public money bin "self, can be neither debtor to, nor credi "tor of the public, except as far as he may "be responsible for his clerks. On passing "his accounts, the bill indorsed, or requisi "tion of the navy board, is both his autho "rity and voucher for his draft; the draft "indorsed is the voucher for the Bank to

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prove their payment. If these accounts "agree (and they ought frequently to be compared together) it is highly probable "that they are both right." *———— We are not aware of any measures taken by parlia ment on this report until the year 1785, when an act was passed (25 Geo. III. cap. 31.) intituled "An Act for better regulating "the Office of the Treasurer of His Majes "ty's Navy," which directed,-That from and after the 1st of July, 1785, all monies for the service of the navy should be issued from the Exchequer to the governor and company of the Bank of England, in like manner as they had been theretofore issued to the treasurer of the navy: that all such monies so issued, should be placed on an account or accounts to be raised in the books of the Bank of England, to be entitled "The "Account of the Treasurer of his Majesty's "Navy," inserting the name of such treasurer for the time being for the pay branch, cashiers branch, and the victualling branch;

*Particular attention should be paid to this; because the act of 25 G. III. cap. 31, was founded on it, and other reports of these commissioners, as appears by the preamble of the said act. Note of the EDITOR.

and that no money for the service of the na vy should be issued from his Majesty's Exchequer to the treasurer of the navy, or should be placed or directed to be placed in his bands or possession. That no monies should be paid out of the Bank but for navy services, and in pursuance of drafts to be drawn by the treasurer, or persons in his office duly authorised by him, in which drafts should be specified the beads of service to which the sums therein mentioned were to be applied. --That on the death, resignation, or removal of a treasurer, the balance of cash for which he should at that time have credit in his accounts with the Bank of England, and also the balances of cash in the hands of the pay clerks at the several out-ports, should vest in bis successor, and be transferred and placed to the account or accounts of such successor.That the treasurer of the navy should cause to be made up to the 31st of December in each year, an annual account of the navy and victualling services, to be transmitted to the auditor or auditors of the imprest, after being examined in the offices of the commissioners of the navy, of the victualling, and of the sick and hurt, and signed by the commissioners of the navy.

[The commissioners, after some further introduction, in which they make a statement relative to the Treasurerships of MR. BARRE, LORD, BAYNING, and MR. DUNDAS, when he was treasurer the first time, come to the circumstances of the Second Treasurership of Mr. Dundas, now Lord Melville, which hey divide into Two PARTS, the First Part embraeing the period previous to the passing of the abovementioned act, in 1785, and the Second Part, embracing the period from the passing of that act to the year 1800, when Mr. Dundas finally quitted the Treasurership.]

FIRST PART OF THE SECOND TREASU

KERSHIP OF LORD MELVILLE.

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advanced to him, he has continued to make payments as an ex-treasurer.--The late Mr. Andrew Douglas having also acted as paymaster to Lord Melville during this part of his second treasurership, we questioned Lord Melville, whether he had derived any profit or advantage from the use or employment of the money issued for carrying on the current service of the navy, between the 1st of February, 1784, and the 31st of December, 1785, which question his lordship objected to, answering under the provisions of the fifth clause of the act by which we are constituted, and upon the ground before stated alluded to in his letter.

SECOND PART OF THE SECOND TREASU-
RERSHIP OF LORD MELVILLE.

The act of the 25th of his present Majesty, cap. 31, for better regulating the office of the treasurer of his Majesty's navy, directed, that the several provisions therein contained should take place on the 1st of July, 1785, but they were not carried into effect till the 1st of January, 1786; we understand the delay was occasioned by the necessity of making some previous official arrangements.In that month, Alexander Trotter, Esq. who had lately been a clerk in the navy pay office, was appointed paymaster by Lord Melville, and he states that he acted as deputy to the treasurer in all the duties attached to the situation, except the appointment of officers and clerks. As the directions of the Act are positive, that the issues of money for Navy Services shall be made to the Bank, and that the mo-❤ ney shall not be drawn from thence but for Navy Services, it appeared to us, that if the directions of the Act had been observed, the circumstance which we have before noticed, that the sums standing in the name of the Treasurer at the Bank were less than his unappropriated balances, could not have existed. We therefore deemed it our duty to inquire minutely into the cause of such deficiencies, and with this view, we first examined Mr. Trotter, and afterwards Lord Melville. Mr. Trotter, when first called upon to account for these deficiencies, said he could not precisely explain the cause of them; but afterwards acknowledged, that he had been in the practice of drawing noney from the Bank in large sums, and lodging it in the hands of private bankers, previously to its being issued to the Sub-Ac

Lord Melville was re-appointed on the 5th of January, 1784, and continued in of fice until the 1st of June, 1800. - - In speaking of this treasurership, it will be necessary to divide it into two parts, a, from the 1st of January, 1786, the business was conducted under the provisions of the 25th of his present Majesty, cap. 31, which instituted a new mode of account for the of fice of treasurer. The old mode of account of course ceased on the 31st of December, 1785, at which time Lord Mel-countants for the public service. This pracville stood charged with two hundred and seventy-five thousand and eight hundred and twenty pounds fifteen shillings and cleven pence, out of which sum, and others

tice, he states, was introduced about the year 1786, with the knowledge and approbation of the Treasurer. Lord Melville admits that he did permit Mr. Trotter to lodge the pub

lic money in his private banker's hands, but not, as it would seem, to the extent understood by Mr. Trotter. Mr. Trotter, on being questioned whether he had derived any profit or advantage from the money withdrawn by him from the Bank, refused to answer under the provisions of the fifth clause of the Act by which we are constituted; and he availed himself of this clause in every question which bore any relation to the use or employment of the public money, either by himself or Lord Melville; urging in the latter case, that as he had drawn all the money from the Bank in the first instance, be conceived himself implicated in its subsequent appropriation. Mr. Trotter gave us to understand, that money applicable to Navy Services, which had been advanced by him to Lord Melville, was employed by his Lordship in the public Services of the State; and that he was led to this conclusion in conse quence of a considerable sum, so advanced, baving been returned to him by Mr. Long, 'one of the Secretaries of the Treasury. Upon this statement we issued our precept to Lord Melville for an account of monies received by him, or any person on his account, or by his order, from the paymaster of the navy, between the 1st of July, 1785, and the 31st of December, 1800, stating when such monies were received, and also the times when, and the persons by whom the same were returned to the Bank or the paymaster.

-In answer to that precept, we received from his lordship the following letter: "Wimbledon, 30th June, 1804.-GEN"TLEMEN, I have received your requisi"tion, of date the 26th instant. It is impossible for me to furnish you with the "account you ask.-It is more than four 60 years since I left the office of treasurer of "the navy, and at the period of doing so,

having accounted for every sum impressed into my hands, I transferred the whole "existing balance to the account of my suc❝cessor.

From that time I never consider

ed any one paper or voucher that remain"ed in my hands as of the smallest use to "myself or any other person, and conse

quently, being often in the practice since "I retired to Scotland, of employing some "time in assorting my papers, and destroying

those that were useless, I am satisfied there " does not exist any one material by which

“situated, I did not decline giving occasional "accommodation from the funds in the trea "surer's hands to other services not connected "with my official situation as treasurer of "the navy. If I had materials to make up "such an account as you require, I could "not do it without disclosing delicate and "confidential transactions of government, "which my duty to the public have re "strained me from revealing. MELVILLE." Desirous of being furnished with an account of the sums issued to the Bank for the service of the Navy, which had been drawn from thence, and appropriated to any other pub. lic service, and judging that some note or record of such transactions ought to have been preserved in the Navy Pay Office, we issued our precept to the present Treasurer for an account of the sums of money which had been advanced or lent by the Treasurers of the Navy, or by their directions, to any public department, or applied by them to services not connected with their official situation as Treasurers of the Navy, between the 1st of January, 1786, and the 31st of De cember, 1803. In answer to which, he informed us, that there were no documents in the Office which enabled him to return any snch account. We did not apply to the Navy Board for information respecting the sums which had been so appropriated, as those transactions are stated to have taken place without the knowledge of the Board Lord Melville, in his examination, objected to answering any question on this subject, relying on the fifth clause of the Act by which we are constituted, and also upon the circumstances alluded to in his letter before-recited. He also declined, and upon the same grounds, to inform us whether he had derived any profit or advantage from the use or employment of money issued for carrying on the current Service of the Navy, between the 1st of January, 1780, and the 31st of May, 1800; that is, from the time of the operation of the Act for lodging the money in the Bank, to the time of his quitting office.- However the apprehension of disclosing delicate and confidential transactions of Government might operate with Lord Melville in with holding information respecting advances to other departments, we do not perceive how that apprehension can at all account for his refusing to state, whether he derived any

I could make up such an account as you "specify. But independently of that cir-profit or advantage from the use or employ

cumstance, I think it right to remind you, that during a great part of the time I was **treasurer of the navy, I held other very confidential situations in government, and was intimately connec.ed-w.th others. So

ment of money issued for the Service of the Navy. If his Lordship had received into his hands such monies only as were advanced by him to other departments, and had replaced them as soon as they were repaid, he could

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not have derived any profit or advantage from such transactions, however repugnant they might be to the provisions of the Legislature for the safe custody of the public money. Although we were not able to ascertain what monies were paid over or advanced to Lord Melville, yet, independent of such advances, Mr. Trotter admits in the latter part of his examination, that, in following his Lordship's instructions, or acting in his affairs as his private Agent, he had occasionally laid out for his use or benefit from ten to twenty thousand pounds, without considering whether be avas previously in advance to his Lordship, or whether sucb advances were made from bis public or private balances. Mr. Trotter not only drew money from the Bank in large sums, which he deposited with his private bankers, Messrs. Tho. Courts and Co. but he also prevailed with his Sub-Accountants to deposit the greater part of their balances with that house. One of them indeed, the Cashier of the Victualling acquiesced with reluctance, having always before that time kept, his balance at the Bank, and wishing, still to keep it there; he stated to us, that it was by direction of Mr. Trotter he opened an account with Messrs. Thomas Coutts and Co. where he took credit for the sums advanced to him by Mr. Trotter's drafts on that House; but that he drew out those sums as the public service required, and kept the greater part of his balance at the Bank, where he deposited such sums as were advanced to him by drafts on the Bank. Mr. Trotter states, that between the years 1791 and 1799, the greater part of the monies drawn by him from the Bank, passed through the hands of Messrs. Thomas Coutts and Co.; that the monies so drawn were sometimes placed to his credit in his accounts with them, and at others were carried immediately to the credit of the respec tive sub-accountants; and that the consent of the treasurer to this measure was signified to him in a conversation, in which he represented the facility that would be afforded to the public business, and the additional seCarity to the treasurer, by the drafts being left with the bankers, instead of their being sent to the Bank, and the money brought from thence, at his risk, by the messengers of the office.--Lord Melville states, that he certainly did permit Mr. Trotter to lodge any money drawn from the Bank for public purposes in his private banker's hands, during the period that it was not demanded for the purposes for which it was drawn; but it is to be inferred from his evidence, that he

intended Mr. Trotter to draw upon the Bank for the amount only of the assignments made on him by the different boards (an account of which is furnished to him daily), and that the balance of such sum, till demanded, should alone be lodged by Mr. Trotter in the hands of his private bankers. The rea son given by his lordship for this permission is, the opinion that it would add more faci. lity to the conduct of the business of the office in the multitude of small payments to be made, than if the money were to be deposited, according to the constitution of the office, in an iron chest; and that the various parties receiving small payments would be less liable to be imposed upon than if they were each to receive drafts for such small sums upon the Bank, at such a distance from the office after its removal to Somerset-place.

Although the larger demands upon the treasurer are paid by draft, a necessity for making the small payments in money has always existed, and the money necessary for this purpose is of course drawn from the Bank. The sums so drawn, if conveniency only had been studied, should have been placed in the charge of the different sub-accountants, by whom such demands are paid,, and not kept in the hands of the paymaster, who is not a disburser of public money, except that issued for the payment of Exchequer tees.--With respect to the risk of bringing the money from the Bank, and of the loss or embezzlement of the drafts by the messengers of the pay office, we do not find that the apprehensions entertained on this subject arose from the experience of former losses; for none are known to have happened.--The opinion which we had formed of the insufficiency of the motives assigned. for the departure from the at of parlia-. ment, is confirmed by the inquiries instituted, and the measures taken in consequence thereof by the succeeding treasurers.-Lord Harrowby, the immediate successor of Lord Melville, disapproved of the practice, as being inconsistent with the spirit of the act and as he had just quitted the office of paymaster of the army, where similar regulations had been established and carried into elect without any complaint of inconvenience, he was desions of putting the office of treasurer of the navy upon the same footing; but previously to his directing an alteration he deemed it necessary to inquire minutely into the validity of the reasons urged against the change. Flis lordship had nearly completed the necessary inquiries, to satisfy his mind that the difficulties and inconveniencias which might arise in the detail of the business from this change, were not sufficient te

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