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On the 16th day of the trial sentence the provisions of that act, did perwas pronounced ; so that this trial mit Alexander Trotter, his paymasin Westminster Hall was concluded ter, illegally to draw from the bank within a shorter time after its com.
of England, for other purposes mencement, than the trial of lord than for immediate application to Macclesfield at the bar of the house of navy services, large sums of money, lords. The credit of this dispatch which had been issued to the bank was in a great measure due to the on account of lord Melville as trea. lord chancellor, whose consummate surer of the navy, and place the knowledge of the law of evidence same in the hands of Thomas Coutts constituted him the best authority in and Co. his private bankers, in his every question of that sort which oc- own name, and subject to his sole corred, while the candour and fairness control and disposition ; of hisconduct induced all parties to ac- 3rd. That not only did lord Melquiescemost readily in his decisions. ville permit Trotter to place as The trial, as we have already said, aforesaid the public money in the began on the 29th of April; the evin hands of Thomas Coutts and Co. dence and arguments of the council his private bankers, but to apply the on both sides closed on the 17th same for purposes of private pro. of May; and sentence was pro- fit and emolument, whereby the nounced on the 12th of June. said money was exposed to great
We shall now proceed to give as full risk of loss, and withdrawn from an account of the evidence adduced the control and disposition of the and arguments employed in this treasurer of the navy ; important trial, as the narrow li
4th. That part of the money so mits of our work will admit. taken by Trotter from the bank, The articles of impeachment were
was, by permission of lord Melten in number, and in substance as ville, placed in the hands of Mark
Sprott and others, and applied for Ist. That lord Melville while purposes of private profit and emo. treasurer of the nary, did previous. lument; ly to the 10th of January 1786,
5th. That lord Melville himself like and receive out of the money did, after the 10th of January 1786, entrusted to him from his majesty's take and receive from the public exchequer, the sum of 10,000%. and money issued to the bank of Eng. fraudulently and illegally convert land, the sum of 10,0001. and frau. the same to his owo use, or to some dulently and illegally convert the other corrupt and illegal purposes ;
same to his own use or to some and on the 11th of June 1805, in other corrupt and illegal purpose ; the house of commons, did refuse to
6th. That lord 'Melville received account for the application of the advances of large sums of money
from Trotter, out of the public no2ad. That, after the passing of ney so obtained by him and depo. the act of parliament on the 25th sited in the hands of his private est of his majesty's reign, entin bankers, which advances were n. tuled “- an act for better regulating tered in an account current kept the ofice of treasurer of his majesty's between Tr
ter and lord Mel. ," lord Melville, contrary to ville, and preserved till February
said sum ;
1803, when by mutual agreement illegally convert the same to his dated the 18th and 23rd of Febru. own use or to some other corrupt ary of that year, it was destroyed and illegal purposes. wi'h all the vouchers and other me. The articles of impeachment were morandums relative thereto, for the far from being well drawn up. The purpose of fraudulently concealing same charge was frequently repeated these transactions ;
in different articles, and the same ar. 7th. That, in particular, lord ticle often contained more charges Melville received from Trotter the than one. It was sometimes ditfi. sum of 22.0007. out of the public cult to discover under what article money, and that the accounts rela. a particular fact was charged, nor tive thereto have been burned and was it always easy to distinguish destroved for the above mentioned between a substantive charge, and purpose;
what was meant as a mere aggrava. 8th. That among other ad. tion of other charges.
These vances of money as aforesaid, lord defects in the articles of impeach. Melville received from Trotter the ment were in their operation fasum of 22,0001. for which he vourable to the defendant, by les. paid interest;
sening the apparent number of per. 9th. That Trotter acted
on the last day of the agent to lord Melville without any trial, pronounced him guilty. For, pecuniary compensation, and in there were some of his judges, who, that capacity was generally in ad. though they agreed in the lacts of vance for him to the amount of which they thought him guilty, yet from 10.0002 to 20.0006. out of differed so widely in their constructhe public money in his hands; tion of the articles of impeach. that lord Melville was aware, that ment, that meaning to find him Trotter had no means of making guilty of the same fact, they voted him such advances, except from the him guilty on different articles. public money of which he had ille. Accordingly, though 59 out of 136 gally so possessed himselt; and that lords, who voted on lord Melville's Trotter was induerd, to act gra- impeachment, found him guilty of tuitously as lord Melville's agent, high crimes and misdemeanors, there and to make these advances, in con. were not more than
who sideration of lord Melville's con- agreed in finding him guilty of any nivance of his free use and uncon. one article as charged by the com. trolled application of the public mons. money to his own private profit and But the charges against lord emolument;
Melville, though multiplied by the 10th. That lord Melville between managers of the impeachment, were August 19th, 1782, and January in substance only three in number. 1st, 1806, did take and receive The first wa', that before the 10th from the monies issued to him out of January 1786, he had, contrary of his majesty's exchequer, as trea. to the obligation imposed on him surer of the navy, divers large sunis by the warrant appointing him to of money, amounting to 27,0001. the office of treasurer of the navy, or thereabouts,and fraudulently and applied to his private use and pro
Et, divers soms of public money 2,3241. 6s. 6d. in full satisfaction of entrusted to him in that capacity. all wages, fees, and other profits The second was, that after the pas. and emoluments, heretofore en sing of the act of parliament in joyed by fornier treasurers of the 178, for the better regulating the navy; and that lord Melville him. office of treasurer of the navy, he self declared before the naval com. had in breach and violation of that missioners, that he considered the act, permitted I'rottir, his paymas. said additional salary to be in full ter, illegally to take from the bank satisfaction of all other profit and of England, for other than imme. emolument; ciate application to navy purposes,
That soon after lord Melville's large sums of money, froin the mo. acceptance of the office of treasurer Bus issued to the bank on account of the navy, viz. in August 1782, of the treasurer of the navy, and there was a considerable difference place the same in the hands of his between the balance of public mo. private banker, in his own name, ney charged to the treasurer, and subject to his sole control and and the actral balance to the esposition. The third was, that he credit of the treasurer at the band fraudulently and corruptly bank ; and though it did not appermitted Crotter to apply the ino. pear in evidence, that the whole of bey, so abstracted illegally from this difference was occasioned by the bank of England, to purposes of the application of public money to private use and emolument, and had the private use and profit of lord tinsell fraudulently and corruptly Melsille, yet it was satisfactorily derived profit therefrom. We shall shewn that certain payments were trifly state the evidence substan- made to his private use out of the tated on each of these charges by public money entrusted to him as
treasurer of the navy, soon after On the first of these charges com. his acceptance of that office. Thus pretending the
first and tenth it was shewn, that a particular bank articles of impeachment, it was note of 1000l. issued from the ex. prored in evidence by the com. chequer on the 6th of November
1782 for navy services, was paid That on the 19th of June 1782, by Mr. Douglas, paymaster of the the house of commons resolved, navy under jord Melville, to the " that it is the opinion of this house of Messrs. Moffat and Ken. dzuse, that from henceforward the sington, on the 22d November pastaster of his majesty's forces, 1782, in discharge of a bill to that and the treasurer of the navy, for amount, drawn by a person of the the time being, shall not apply any name of Newbigging, on the right 522 or suids of money entrusted to honourable Henry Dundas, under 13:0, for any purpose of advantage the designation of lord advocate for or interest to themselves, cither di. Scotland. Another bank note of rectly or indirectly ;"
10001, issued from the exchequer, That the warrant appointing lord on the 22d of November 1782, for Melville to the office of treasurer public navy services, was traced to
the nary in August 1782, granted the house of Messrs. Drummond, w him an additional salary of one of the private bankers of lord
Melville, to whom it was paid by surer's “ old account,” by creating lord Melville himself, as appeared a debt to a corresponding amount from an entry made and proved on his 6 new account,” by which in the books of Messrs. Drum. the former difference of 7,600l. in mond.*
" the old account” was reduced to It was also proved, that although, 1,6001.; at which it continued till according to the obligations under the death of Mr. Douglas in Decem. which lord Melville held the office of ber 1785. treasurer of the navy, there ought It was further proved, that these to have been no dillerence between fraudulent drafts having occasioned the balance charged to the trea. a difference of 6,0001. between the surer and the balance to his credit balance charged to the treasurer, at the bank, yet in May 1783, and the bank balance in the 66 there was a difference amounting account,” this difference was in. to the sum of 23,0001. ; which dif- creased to 10,0001. by two sums of ference, before the end of July 2,0001. each, drawn from the bank 1783, was reduced to 7,600, in con- by Mr. Douglas, to the name of sequence of various payments made Mr. George Swalfield (chief cashier into the bank on account of the to the victualling branch of the treasurer of the navy, by Messrs. navy pay.office), the one in August Muir and Atkinson, and other pri. 1784, and the other in May 1785, vate persons, from which it is appa. both of which there is reason to be. rent, that the money so repaid had lieve were applied to the use of lord been used for some private purpose Melville, because no part of these and applied to private profit and sums was ever received by Mr. advantage.
Swafield, or in any way entered in It was also shewn in evidence, the official books of the navy pay. that before the end of March 1785, office ; and because Mr. Douglas during the second treasurership of paid 2,0011. to the account of lord lord Melville, certain drafts were Melville with Messrs. Drummond, drawn under the authority of the on the day on which the last-mentreasurer of the navy, the produce tioned sum of 2,0001. was thus frauof which was not applied to any duiently drawn from the bank. public purpose, but to the discharge It was also proved that the trea. of part of the debt due on the trea. surer's debt on the 66 new account"
The private arcount book of Mr. Douglas, paymaster of the navy under lord Melville, in the years 1781, 1783, 1784, and 1785, containing the particulars of his moncy transactions with that nobleman, and referring to accounts which had been settled betwixt them, and to balances agreeing both as to their date and amount with balances proved by other evidence to have been due on these accounts by lord Melville, was produced in court; and extracts from it are printed in the re port of the managers to the bouse of commons of the 4th of March 1800, which show, that every farthing of the public money, diverted from its proper
destination to naval services, and occasioniug thereby a difference between the treasurer balances and the balances to his credit at the bank, amounting at one time to 23,000!. had been applied to the private nse of lord Melville ; but whatever con viction the perusal of that book may produre on those who examine its conten's it was not admissible erience against lord Melville, and was therefore rejected by the court.
was, in October 1785, reduced after the ist of July 1785 no mom from the above-mentioned sum of ney for the service of the navy shall 10.000l. to 9,000!., by the pay- be issued from his majesty's ex. aent of 1,000l. to the bank, chequer to the treasurer of the nathrough the hands of Mr. Davis of vy, or shall be placed, or directed the nary pay-ofiice, being the to be placed in his hands or posses. amount of one quarter's salary due sion, but the same shall be issued to the right honourable Henry and directed to be paid to the goDundas as treasurer of the navy ; vernor and company of the bank of at which sum of 9,0001. the dif. England and to be placed to cerference in the “ new account” con. taio acoounts according to the serazed till the death of Mr. Douglas vices for which it is craved and in December 1785.
issued ;'' All these facts were confirmed by
66 And the monies to be issued the proof adduced by the commons, unto the governor and company of that after the death of Mr. Doug- the bank of England, on account las, lord Melville confessed in the of the treasurer of his majesty's month of January 1786, to Mr. nary, shall not be paid out of the Trotter (who succeeded Douglas as vanki, unless for ny services, and in paymaster of the navy,, that he was pursuance of dratis to be drawn on indebted to the public in the sum the governor and company of the of 10.6001. ; vbich sum of 10,600/1 bank of England, and signed by the exactly corresponds with the deficie treasurer of the navy for the time €ty of 1,6001 on the sold accountt” being, or the person or persons au. and of 9.0col.on the "new account.” thorized by him ; prored to be the residuary balances " And that upon the death, resig. af divers payments made by the au: nation, or removal of the present, thority of lord Melville, for pure and every other treasurer of his maposes extra-official and unexplained, jesty's navy hereafter to be appoint. to a much greater amount, and re. ed, the balance of cash, for which daced to the above-mentioned sums he shall at that time have credit on by difierent repayments, all of his account or accounts, as treasurer which were traced back by the of his majesty's navy with the go. Commons to private sources. vernor and company of the bank of
On the second of these charges, England, shall, at the end of the Contained in the second article of current month after a successor shall impeachment, it was in the first be appointed to the said office, acplace shewn by the commons. tually vest in such successsor, in
That subscquent to the appoint. trust for the service of the navy, and bent of lord Melville for the be forthwith transferred, carried second time to the office of trea. over and placed to the account of surer of the navy, an act of parlia- such successor. ment was passed, intituled, “ an And, in the next place, proved, act for better regulating the office that, in direct breach and violation of treasurer of his majesty's of the said statute, lord Melville dary;"
gave permission to Trotter, his pay\ bereby it is, among other master, to draw from the bank of things, enacted, “ that from and England, for other purposes than