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variety of confidential situations of go what I have stated, I think we shall 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: 't yg privately, with so much care, and cau. My Lords, we now come to the se. tion, and circums peetion, that he would cond division, in point of time, of the not to his colleagues what he had charges exhibited against Lord Me. done it. Now an individual so ville; I mean that which took place at unauthorised whilst 'Treasurer of the ter Mr Trotter was appointed Paymas Navy, this '10,000!. into his own ter of the Navy. And here I must take pockan then boldly tells you he your Lordships back, for the sake of was the servant of the public; that he perspicuity, to at new æra which had took it for the service of the public ; to been created in the Navy Pay Office, by which public he will never reveal it. To passing an act of parliament, which obwhom, after having so possessed himself tained the royal assent, I believe, in of it, vaid he pay this 10,000l. ? What the month of June 1785, 1“ for the betbecame of it?

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ter Regulation of the Office of the TrezMr Whitbread then entered into some surer of his Majesty's Navy.", EN, X 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 copthat the 10,500k was deposited in their nected with him, upon whom it is may Hands; but these statements were not duty severely, but I trust not intemper. given in evidence. Lidl

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 And he detailed the particulars of va- iftom imputing any blame to them, for • rious receipts and payments, to shew that which does not deserve blame, r

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 to1785, was 10,000l."

gether in that office; and therefore, it But,

my Lords, (continued the ho. is with satisfaction," I say, that during Ti noutable

how did the de. the time Mr Dundas was Treasurer of Mr Douglas died, w' the Navy, several most beneficial regu

lations took place, in that office, which to . he has the merit of having produced to ceeded Mr Douglas? Upon that defici- the public. That several acts of parciency being stated' to the defendant, liament were passed-for the protection the defendant said that deficiency is and defence of the unprotected and demine , 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 3 and for the allotmination compose of this account, which was soment of wages to the wives and families

as I have stated to your Lord- "Sof 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 impossible he can regulations took place, and were enac. shew to your Lordships he made any mitt ped into laws, through the instrumentapublic use of this money. If it were lity of the defendant, which saved a possible, he is impeachatite for not re- ' number of lives from public execution ;

vealing the use of it; but-thére is no because, my Lords, the net of parliai pround whatever for such a defence. Sement, to which I not particularly al.

Now, my Lords, if that be the con lude,' renders almost impossible the dition of Lord Melville, the evidence crime heretofore

" so commong the forof Mr Trotter, "and the evidence of gery of seamen's wills and other instruthose who heard him make that extrao mnents to obtain their pay. These checks ordinary, that unjustifiable, that 'ima were devised and carried mto effect by "peachable, assertion, in the House of the 'Noble Lord. For these and other Commons, with regard to his determi- 'acts of regulation in the Nav Pay 0;Wation to keep the affairs of the public" fice, the Noble Lord demands eke thanks public themselves, shall prove bof his country; and the unbounded gra.

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titude of that meritorious class of men, borne out by some corroborating wit. the seamen of our ficets. I believe, too, ness of veracity, of some book which that Mr Trotter was extremely useful cannot impone upon you. These are in suggesting hints for these several de circumstances most fortunate torjustice; 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 pas. who will be most frequently 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 lordslips 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 tingie 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? If 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 Heiperson 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- unlearned 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 interpreration upon this statute, neral impression, your Lordships con- which is, that Lord Melville, 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 wilt 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 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 noʻservant 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.
argument upon the construction of some I presume 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 (f the judges, it is purchase India stock, in the name of
not thought necessary to state particu- Henry Dundas. I do not suppose that
Jarly 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 sengaged in the advance of 40,000l. to
out 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. 3 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 trea. '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 paymáster to draw the money to take it out, either by Aimself or by from the bark.'. The question put-by any other person, unless he has a navy the commissioners was, ** Did you'adservice to wbich it is applicable... thorise 'the paymaster, in or about the

My Lords, I also heard the defend year 1486, 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 permit Mr Trotod balances as were unclaimed. Good ter to lodge any money, drawn from God: my lords, if there is an assigned the bank for public services, in his pri; unclaimed balance, to the amount of vate banker's kands, during the period 400,000l. 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 Lorde, 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 aud lodged them in the hands of pri. The proper form 31 will take the whole' vate bankers, assigned or unassigned 100,000l. though I know only 20,000l. was matter of 'no consideration with as wanted for the public service, and I him. Navy; pay, or victualling, he will put the other 80,0bol. 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, pls 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 allo We can shew your lordships ly amount to the sum of 1.40,oool. so every month from the beginning oftliese that the noble lord, was giving toíliis transactions down to the month in which paymaster (reckoning that sum at 5 per he quitted the navy pay office, to what cent.) 79001, 2. year for the execution of amount he did these things. He began an office for which the public allow only with 10,000l. then went on to 20,000l.; sosl. But I say there is no difference then in 1999 to 101,000l.; and at "last between assigued and unassigned mo. it comes to so targe a sum as-490,000l

June 1806.

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and, at the time that Lord Melville to answer all these demands from the went out of office, the last balance that Treasurer of the Navy. No such thing; was struck amounted to 290,000 1. Did for you will find, on comparison, that Lord Melville make any enquiry what when 499,cool, were oui, le bad but he was doing with this? No, it never 16,0001. at Messrs. Coutts's; ard that at struck him once that it was an improper many times when the balances were very thing in itself to be done ; and yet it large in his hands, he had very small was a matter of great importance that sums a: Niessrs. Coutts's; and at other he should know what Mr Trotter was times that his account yasorer-drawn; about, because, not only his own cha. therefore it cou'd be for so other pur. racter, but his fertune was a stake. pose but to obtain private prost and My Lords, we charge, and shall prove, emolument, and there we unquestionthat the moner was exposed to great abiy prore ihe 12:50:, tird, and fourti risk of loss, by being no a: Messrs. arricies together, oamer, that te cid Coutts's but at 1: Trotter's one dispo- this for the purpose of rate enou. sal; for though it was nominals at ment. Ari Lord Weise bas indeed Messrs. Coutis's, for the purpose ci car- admitted to the Comississers of Naval rying on the business of the orice: re: Esquiry that he secret Vr Trotter to I shali shew it was ere:r where a'zosi do this for the purpose of prate e..obut at Messrs. Cezies's; and I can leren. sher insiaaces where great !:s Tas Xor, es Lou's, se come so belas risked. We charge, that raonstrere crisica of this access against the was a great risk er loss, but that the collec:d; re core !: cheze upa moner s pitbusara fonte ca. Lord Meri, thuhe is directly parti. troul of the Trexurer of the Vary. cipare in the press Ints by V: T:0:a'st the car was in the back of ters; weberespect the side, ad we England i was a rars under tis coc- 5:2! pore ite it eas of tose accedits trvu; the reacts orbis perrer cf i woh Lord Vene 2:3 se precorner put it onder bis canoa: i. Reisipok: mediater I VI: Toute: 3d, or ab. Tsere consist of these Serie: 20.2.11 Iozeriale articles i resse. sich Bus E-1, 2-mibe eina of the

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Trotter to him. He participated, se- account. He contended that Lord Mel-
condly, in a transaction in which interest ville knew the chest account contained
was charged by Mr Trodter to him, advances of public money, and that he
He participated in a third transaction authorised this transfer:
where no interest was charged by Mr Mr Whitbread then stated the circum-
Trotter to him : they s and in the arti- stances from Trotter to be such that the
cles in that order, but, for the purpose advances he made to Lord Melville
of explaining the transactions to your could not be made out of his private
Lordships more perspicuously, I beg to fortune. That in 1787 he advanced to
alter, but not lo invert the order of Lord Melville on bond the sum of
them; and to take the middle charge 4,0001., for which it appeared no inter-
first and then the other two together, est was paid, and therefore the advance

By the eighth article it is charged that must have been known by Lord Mel. Lori Melville obtained and received of ville, to have been out of public money, Mr Trotter a sum of 22,000l., or some He stated that Mr. Trotter was in the other large sum of money advanced to constant receip: of his lordship's salary, him by Mr Trotter, and for which i: has which was originally kept in a separate been alledged by Lord Melville that he account; that there was another separate was to pay interest. And we further account kept for the Melville Castle, but charge a destruction of papers to con- it being afterwards found inconvenient ceal this account also.

to keep so many accounts, they all resol. Mr Whitbread then stated the cir. ved themselves into two, viz. the Accumstance of the purchase of 13,5001, count Current and the Chest Account. East India 'stock, the particulars of Mr Whitbread proceeded I would which are detailed in Mr. Trotter's evi. not consume your Lordships time in dence; and insisted, that from the circum- minute detail, but perhaps it may stances Lord Melville must have known well to say that large sums were paid the loan was a loan of public money. through the account current to parti

He then stated that Mr Trotter kept cular individuals. Messrs Mansfield, two accounts with Lord Melville, the Ramsay, and Co. received to the a. one entitled the Account Current, con- mount of 5,000l, which was sent thro' sisting of receipts and payments of a Mr Robert Trotter to Edinburgh, with private nature; and the other entitled which soool. a heritable bond on landed the Chest Account, consisting of advan- security was redeemed, by which means ces made to Lord Melville out of the Lord Melville got rid of the payment public money,

of gl. per cent. upon so much, having He then proceeded-Your Lordships obtained that loan without interest, for recollect that in the year 1797 a loan no interest was charged in the accountwas obtained from the public ly the current or the chest account. Another subscription of a vast number of eminent sum, which it is not material to specify, individuals, as well as respectable pri. was paid through Mr Robert Trotter to vate persons, and respectable merchants, Sir William Forbes, by which Lord called the Loyalty Loan, to which I Melville also redeemed securities at inheard Lord Melville say,

it
was gener-

terest. He also relied on the circum. ally understood that all persons in high stances of 2000l. East India stock, and situations of government would suh. 7000l, in the 3 per cent, Reduced, for scribe, and he put down his name for the benefit of Lord Me ville, as sheve 10,000l. This 10,000l. he candidly ac- ing that the public money was laid out knowledged was not in his possession, for his benefit. hé therefore was to obtain it from He then stated, that in May, 1800, friends. Some persons have suspected Mr Trotter told Lord Melville, when these payments were made from Scot. he was going out of office, that it was Jand, but not a shilling of them came necessary his balances should be made from that quarter: every payment was good, and he laid before him an accurate made by Mr Trotter, out of the public statement in wrising of what his lordmoney.

ship was to make up. Mr' Trotter first of all carried this He then stated that, including the 10,000l." to the account-current, and money due for the East India stock, afterwards transferred it to the chest- the loyalty Joan, the balance of thé

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