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that we are now driven in these trans.'

Lords; I beg your Lordships to consider either interest or advantage of the pub.
at this period the struarion in which the blic money.
Commons have stood with regard to the The noble Lord is a man of educa.
articles that they have exhibited to yout* tion and sense ; is elevated by the fa-
Lordships. At the time they were ex.

Wivour of his Majesty, and in consequence hibited, the committee were not in pos of services which his Majesty has been session-of a great part of the evidence pleased to acknowledge, to a situation in which I shall now have the boncut toch he passes sentence, in this house, open to your Lordships. We drew a judge upon life and death, upon his the charges as it were in the dark, but honour, in cases of felony and treason. fram'd them in such a manner as'* And yet, my Lords, that noble Lord that the evilence, whatever it might be, said, that he never did that, which we might apply to some of the articles, or undertake to prove that he did; and rather some parts of the charge, which he has said, and subscribed his name to we have adduced agaitist "the roble that assertion, that he was ready to take Lord. And I also beg your Lordships the solemn sanction of an oath tu that to consider, that the lapse of time from effecé.

:7Piace! the, date of the criage which we charge My Lords, I charge that the noble ut. upon the defendant in the first'arricle, Lord 't only took this money; but is no less than twenty four years; that that he used it for his own advantage, many of the persons who acted in these and part of it for his own interest. transactions have been long since asleep, Your Lordships know, that I am -110W in their gravés ;' that much of the writ- adverting to the first charge, which is, ten evidente which we ought to bave that Lord Melville had possession of á 5.7 been able to collect has been purposely certain sum of 10,000k. Now korefer. destroyed; and put out of the way your lordships to the tenth article, for that much has been accidentally lost; and it is necessary, that we should take

living wit. those two articles together; the 10,000ks nesses, who were actors i

as your Lordships will find hereafter, actions, in order to establish before your being involved in the 27.000l, which is si Lordships the guilt of the person whom charged in the tenth article, as I shall we accuses But our difficulties are sur- have the honour to explain to your munted, I trust; and we shall be able Lordships presently, to lead your Lordships by a circuitous First of all though upon the tenth ar. path ; by small steps perhaps at first, ticle itsel; how are the Commons pre. but afterwards, as I have the satisfaction pared to prove that article? And to say, byla more plain and open road, what is the evidence that is to be ad. to an eminenee, from whence you' sħaní duced to you upon thistoccasion? Why. survey all the transactions of the delen. my Lords, no less than a confession, dant, during the course of alve last eigh. which I heard made by the defendant

homself in the House of Commons, He the difficultits, we have met with, the

avowed that had , result shall be usuch as to establish an the public money ; le asserted thar he irresistible conviction in the minds of had not used it to purposes of private your Lordships. My Lords, if we have profit or advantage, but he told the conquered wour difficulties we canvor House of Commons this remarkable fact, however conqiden our feelings, and it is that he was determined he never would a must päinfot rask which I am now a- reveal, to any human being, what the bout to udertake ; for, my Lords, your application of that 10,000l. wast" That Lordshipgsperhaps may know, (if not, expression the defendant uttered in the we know and we are to prove,) that face of the House of Commons; and at a certain time'lin the course of the which, perhaps, may now be 'to be ress last spring, the defendant 'aid, in a mo

10. peated, in the face of your Lórdships ment of forgetfultless, writt a letter ad- and his country, That I say was an dressed to the Commissioners of Naval impeachable offence. He, nor any man Enquiry, which swas, byk motion, laid breathing, had a right to sethimself a. upon the table of the House of Com bove the lasy. There is no dawewhich mons; and which does in "substance, could authorise the payment of that mo. contain a denial, that, during the pay- ney: He tells you he did it illegally'; mastership of Mr Douglas," he made he'tells you he did it for your benefit,

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md yet he will not tell you, to whom sum of money ordered to be paid to or for what service he paid the money. the Treasurer of the Navy, was deli

My Lords, we not only charge that vered to kim in such way as he chuse the noble : Lord was possessed of the to take it : for instance, he might have sum of 10,000.. but we charge also, that it all weitten into his bank book, jf be he continued in possession of it, after pleased, and carried to the account of a new æra had taken place in the Navy the Treasurer of the Navy , or that le Pay Office, contrary, as it would then might put some in the bank book, and be, to the act of parliament, and we take some away in bank nutes or cashi, know, not only that he confessed it and place it where he thought fit. 100% in the House of Commons, (which I , It so happened that, on the oth of beard,) but that he confessed it to November 1782, M. Douglas had a pay2 person, whom I must now name for ment to receive at the Exchequer, to the first time to your Lordships, Mr the amount, I think, of 4:51900lig. Me Alexander Trotter, and whom hereaf. Deuglas chose to have 49,9001, written ter I shall have occasion frequently to intornis bank book, and, to take 5999l. name. Soon after Mr. Trotter was ap- away in bank notes. Now this issa pointed Paymaster of the Navy, Lord transaction that has often taken

place Melville confessed to him, that he was before, Former Paymasters of the Navy, at that time in possesion of this sum, and Mr Douglas among others, in the

On the 19th August 1782, Lord Melo execution of that offices under jother ville (then Mr Dundas) was, for the Treasurers of the Navy, have frequentfarst time, appointed Treasurer of the ly acted in that manger; they havs freNavy. On the 20th of August the sum quently taken sums of money, in bank of 1000l. was paid by Mr Douglas into notes, and had the balance written into : a banking house with which the gable their book: but as far as we have been Lord has an account on behalf of Mr, able to trace all the sums so subtracted Dundas.,

from the aggregate balance gimpressed - Now, my Lords, who was Mr Dou.. to the Treasurer of, the Nayy, were glas? for it is necessary we should sheiv uniformly sums of 3000 lm, which were explicity, by proof, who he was. We set apart tą pay exchequer fees, g This shall shew he was pymaster, appoint. 5099 l. that Mr Douglas so took from ed under proper authority by Mr Dun. the Exchequer, and put into his pocket,

and that every sact he did at the was never carried into any, public actime, and afterwards, as paymaster of count whatever, it was carried tu a place, the Navy, bad the sanction of the de. according to the statement made by fendant himself; and that he, insa pecu. Mi Douglas, which also was a place of liar manyer, shewed his private confis safe custody, one in which he had a right dence in him, distin at from the public to deposit it; it was carried to what is confidence he gave him by his letter of called the iron chest of the office. attorney. I do not believe that, the Mr Whitbread then stated some parsoool. $0 paid, was any part of the pub. ticulars of the account Mr Douglas kept lic money, but that upon the first esta of the money they deposited in the iron

blishment of the connection of the two chęst; but as no evidence was given », men, a payment of 1000l. was made of them, it is not thought necessary to

perfectly legal, and perfectly proper.- enter fạrther into the subject. He then Early, however, in November, a pay- stated that of the goool, received by ment of a different description was made Mr Douglas at the Exchequer, one into the yanking house of Messrs. note for topol, was sometime afterwards Drummonds, on the behalf of the de.., paid to Lord Melville's, account at fendant. It is necessary, I should state Messrs Drummonds. And thai another to your Lordships, that in the then, note for 1000l. received by Mr Dauglas mode of conducting the office of Trea. at the Exchequer, in the same way, at a surer of the Navy, the paymaster of the subsequent period, was a fortnight af

Navy was in the habit (after the me- terwards paid in discharge of 1 & morials , had been issued upon which the debt of Lord Melville's,

,21708mo), 2* Warrants of maney, were granted from Mr Whitbread, then continued, I

* Exchequer, of going to the Exo have heard the noble defendapt say, chequer, together with a bank clerk, that, at the time he held the office of and, having presented his warrant, the Treasurer of the Navy he was in a vast

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vernment, which made it necessary for have completely proved the first and the him to disburse money so secretly, so tenth articles of this charge: "4412 privately, with so inuch care, and cau My Lords, we now come to the sc. tion, and circumspeetion, that he would cond division, in point of time, of the - not tell even his

an individual so ville; I mean that which took place unauthorised whilst Treasurer of the ter Mr Trotter was appointed Paymas Navy, takes

s this 10,000l. into his own ter of the Navy. And here I must take pocket, and then boldly tells you he your Lordships back, for the sake of was the servant of the publie; that he perspicuity, to that new æra which had took it for the service of the public ; tu been created in the Navy Pay Office, by which public he will never reveal it. To passing an act of parliament, which obwhum, after having so possessed himself tained the royal assent, I believe, in

„vaid he pay this 10,00ol. ? What the month of June 1785, “ for tlic betbecame of it?so'

ter Regulation of the Office of the 'TreaMr Whitbread then entered into some surer of his Majesty's Navy."). ***** details of the accounts of Messrs Mures'; My Lords, when I am speaking of and Aikinson, with a view of shewing the defendant, and of those persons conthat the 10,600l, was deposited in their nected with him, upon whom it is my hands; but these statements were not duty severely, but I trust not intemper. given in evidence. - 2. di

ately, to animadvert, I wish to say every "He then adverted to certain payments thing that can go to the illustration of made to the credit of Lord Melville's their good deeds in the office which account at the Bank, by Mr Atkinson they executed; the one as superior, and and Grey in the year 1783.

the other as subordinate. And so far 3 lid And he detailed the particulars of va- from imputing any blame to them, for tious, receipts and payments, to i shew that which does not deserve blame,

I that the difference between the accounts wish to give them all the credit and all Sat the Bank and the official books of the praise which is their due, during the The Treasurer of the Navy in Decem. time they continued so connected towas to,odol.

gether in that office; and therefore it But, my Lords, (continued the ho.' is with satisfaction," I say, that during mutable manager,) how did the de. the time Mr Dundas was Treasurer of fendant act when Mr Douglas died, the Navy, several most beneficial regufand

lations took place, in that office, which known both to him and those who suc. he has the merit of having produced to ceeded Mr Douglas. Upon that defici- the public. That several acts of parthe defendant" said that' deficiency is and desence of the unprotected and deciency being stated to the defendant, liament were passed for the protection mine so much I owe to the public. fenceless. I mean the widows and orphans If then he ackowledged the closing ters of the brave seamen ; and for the allotmination of this account, which was soment of wages to the wives and families compose it as I have stated to your Lord of those who were fighting the battles

ships, I say he acknowledged the whole of this country. Above all, that several * of it, and that it is impo mos he can regulations took place, and were enacshew

new to your Lordships he any red into laws, through the instrumentapublic use of this morey. If it 'were fity of the defendant, which saved a

possible, he is impeachabite for not re- ' number of lives from public execution ; bbond whatever for such a defence. vealing the use of it; but there is no because, my Lords,- the net of parlia

me ment, to which I now particularly al. Now, my Lords, if chat

the con- ' Jude, tenders almost impossible the dition of Lord · Melville, the evidence crime heretofore so common, the forof Mr Trotter, and the evidence of gery of seamon's wills and other instruthose who heard him make that extra as ments to obtain their pay. These checks ordinary, that unjustifiable;' that im were devised and carried into effeet by peachable, assertion, in the House of the Noble Lord. For these and other Commons, with regard to his determiz" acts of regulation in the Navy Pay 0;mation to keep the affairs of the public" fice, the Noble Lord demands fkie tiranks om the public themselves, shall prove of his country; and the unbounded gra 91.1 5190

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titude of that meritorious class of men, borne out by some corroborating witthe seamen of our fleets. I believe, too, ness of veracity, of some book which that Mr Trotter was extremely useful cannot impore upon you.. These are in suggesting hints for these several de circumstances most fortunate forjustice; signs, and that he gave Lord Melville fortunate for the prosecution ; fortunate material assistance in the detail of all for the country; and most fortunate for these different plans.

Mr. Trotter himself. My Lords, Mr Trotter is a person My Lords, an act of parliament paswho will be most frequentiy mentioned sed in 1785 for better regulating the hereafter; his name has been much in office of Treasurer of his Majesty's the public mouth, greatly to the dis. Navy. We should have simply put in comfort and dissatisfaction, undoubted. this act, and read it, and stated to your ly, of those who are nearly connected lordslıips the conduct of the defendant, with him; and as I shall have occasion without making a single comment upon to speak of those misdeeds of his, in the the act itself; but, my Lords, to my way in which my duty will require me utter astonishment, I heard the noble to do, I think it right here to state, that defendant say, and my ears still tingle he is a person, who in early life ever with the sound, that he was yet to conducted himself with the greatest pos- learn in what particular he had violated sible propriety; that, except in these the spirit, or the letter of that act of transactions in the Navy Pay Office, I parliament. Good God! my Lords, know nothing, and I believe no man is not that act plain? Ifs that act of knows any thing to his disadvantage. parliament is not plain ; if he who runs He was employed by the Treasurer who cannot read that act, you may as well succeeded Lord Melville; and up to burn and consume all your statute books; the very moment of the Resolutions of there is not one that will not admit of the House of Commons, he continued a double interpretation or a quibble. in the employ of the last Treasurer. 1 Magna Charta itself may be miscon. have heard the defendant honourably, strued; the Habeas Corpus Act, the Act generously, and manfully declare, that of Succession to the Crown of this counMr Trotter, notwithstanding the cloud try, the Bill of Rights, might admit of which hung over him, was a meritori. a double interpretation : nay, my Lords, ous man, and one who ought to be I had almost said, that Law, which was trusted. My Lords, I do not know a delivered in all the magnificence of Hei. person more beloved by his immediate ven, written on tables of stone, * Thou relations, and those connected with him, shalt not steal," might almost be explainthan Mr Trotter; and this is one of ed away by counsel. I say this act is the strongest testimonies in favour of plain. any man.

My Lords, read the statute and see My Lords, Mr Trotter is a person what it

says. Is there any double inwho is to give you most material infor- terpretation to be put upon it? Can the mation, upon the subject of the tran. learned counsel torture it? Simple and sactions of the defendant ; whose tran- unlearted as I am; I throw down the sactions are so intimately connected with gauntlet and defy them; they can put his own. In consequence of that ge- but one interpretation upon this statutc, neral impression, your Lordships con- which is, that Lord Melvillc, from the curred, with the other branch of the le. time of the passing of that act, was gislature, in indemnifying Mr Trotter bound to place the public money at the from all criminal prosecution for his own bank, and no where else ; that he could misdeeds, that he migbt be rendered a not withdraw it from the bank for one witness, able to speak the truth upon moment, except for naval services, withthis trial. And it is a very fortunate out having broken, not only the spirit, circumstance for Mr Trotter, who is but the letter of his own act of parliathe only man capable of revealing these ment. My Lords, what did he do? He transactions, that every thing he will suffered, he will tell you, and he told say to your lordships will be confirmed the House of Commons (I heard him by, irrefragable testimony, because it say it,) he suffered his paymaster to do will be confirmed by documents, which so. In that which he did' by his pay. now exist; and in every one of the state- master he did himself; he was bound to ments I have heard him make he is see that he employed no‘servant who

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did not act according to his public duty. ney; they are both equally the proper.

Mr Whitbread then entered into an ty of the country till claimed. I. argument upon the construction of some I presunie your lordships would not parts of the act, but as all questions say that a man draws out money for a upon it are now disposed of by the un. navy service, if he draws out socol, to animous opinions of the judges, it is purchase India stock, in the name of not thought necessary to siate particu- Henry Dundas. I do not suppose that larly the points Mr Whitbread relied on. if a person draws out a million of money,

It is necessary (continued the honour- and puts it into the hands of his private able Manager) to state to your lordships banker, when the assignments do not that there are three branches in the pay. amount to above a fifth part of that sum, ment of the navy services : the pay your lordships would say that was for branch: the victualling branch: and the navy service; and yet such things have navy branch, It so happens that upon occurred. the navy and victualling branches assign- The honourable Manager then argued ments are always made by the respec- ? that the act, to indemnify the persons tive boards for every farthing

to be paid - engaged in the advance of 40,000l. to our to the individuals, who furnish ma. Boyd, Benfield, and Co. was a legisla. terials for the navy, and so forth. Upon tive declaration that the transaction the head of pay, assignments are made was illegal. in part, but not upon the whole of it. * My Lords, (continued he) the 'defen

My Lords, the assignments having dant, in an examination taken upon oath been so made, it is the duty of the trea. before the Commissioners of Naval Ensurer, under the form prescribed by the quiry, confesses (and takes some credit act, to draw the money from the trča. 'to himself for so doing) that circumsury, which money is there paid into the stances induced him to give permission bank, and the treasurer is directed not to his "pay master to draw the money to take it out, either by's imself or by from the barik.'". The question put by any other person, unless he has a navy the commissioners was, ** Did you at service to which it is applicable. thorise 'the payinaster, in or about ihe

My Lords, I also heard the defend- year 1786, to draw the money applicable ant, to my astonishment, say," that there to naval services from the bank, and was a difference between the assigned lodge it in the hands of a private bankand unassigned balances, as. if he had, er?". The answer of Lord Melville is, after the passing the act of parliament, "I cannot precisely state the rime, but the perfect controul over such assign- I am certain that I did peririt Mr Troted balances as were unclaimed. Good ter to lodge any money, drawn from God, my Jords, if there is an assigned the bank for public services, in his pri. unclaimed balance, to the amount ef vate banker's hands, during the period 400,cool, which the treasurer or his pay. it was not demanded to the purposes master, by his experience, knows will for which it was drawn." not be called for to its full extent, is it Now, my Lords, Mr Trotter took not the most preposterous thing in the large sums of money from the bank, worid 10 say, I will give you a draft in aod lodged them in the hands of prithe proper form 3A will take the whole' vate bankers, assigned or unassigned 100,00cl. though I know only 20,000!. was matter of no consideration with is wanted for the public service, and I him. Navy; pay, or victualling, he will put the other, 80,000l. in my poc touk equally under each of those heads. ket for purposes: of my own, till peo. He equally paid them into Mr Coutts's, ple come with their : bills? Your Lord- and drew them out of Mr Coutts's, Ships will, perhaps, be surprised to hear, without the least rogard to naval service that the unclaimed assignments ordinari. at all. We can shew your lordships ly anaount to the sum of 140,oool so every month from the beginning of these that the noble, lord was giving to'lis transactions down to the month in which paymaster (reckoning that sum at 5 per he quitted the navy pay office, to what cent.) 79001, a year for the execution of amount he did these things. He began an office for which the public allow only with 10,00cl. then went on to 20,000l.; Soc. But I say there is no difference then in 1999 to 101,000l.; and at last between assigped, and unassigned mo- it comes to so targ'e a sum as-480,000l; June 1836.

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