Star. — London, England, 1818-06-06 00:00:00

- 7"1 4 7.14,1 4 • • 4 ing a motion upon it shoul a am assemble r4 l lOO nourab e demon tention in the present collect that he had p 1816, and that a di upon it. They woub sensed another Petiti That Petition was fc two individuals—the General of Ireland, a deted to be printed, now moved that it s postpone the consider which was, in fact, ai dividuals whose cond of the Petitioner was Chancellor of Ireland intervention of a Cot the authorities were a the late Mr. Ponson Chancellor, had not right ; and wheneve bought forward the to, shew that no blame calliar, or to any oth •allttcled to. Mr. BROIJGHAIV. pied in attefiding the vented him from 100 l • The ab s ence of his H for Dublin and the 1V another reason for de the - Petitioner undert • but to the discretion ercised in the instance upon this ground, t} from the office of Jus • Attorney-General ad friendly to the Cathc teen mentioned as would he support the of this description? Mr. PEEL wished Ilonourable Gentlem be printed which co • dividuals ? Mr. BROUGHA? t. under all circamstar Mr. CANNING b der what circumstar posed. It had been years, without afford it was directed an o ' griffons. It was ap and now, in a mann not compliment, the allegations in order tradicted for bix mom • Sir S. ROMILLY Petition against the 4 had himself, in the a (Mr. Brougham), m • but had consented, c for of the Exchequer to, to withdraw the Mr. CANNING c that statement mirk 1 "0 " now was no proof of The SPEAKER' es ITC • fore Ted to. Sir ROMILLI agreed to before the The motion for t then rejected. LC Mr. BROUGHA: reagh) in his place, in which he was no wards him, or his / tertained a high res 1 He put the question act of justice to the delay for which he arose from a desire of a Court of Justice facts by the proceed that they should nc f: the Noble Lord hac Court of Chtncery, they had no concert come from this cow • of Vienna, and als Lord of the Bedchai was, whether durin from that station, twelve months, he arising from it? 'll was, the inconsister attendance of a Lor nary to the splendo question whether ti received, when the compatible ? lie sl Noble Lord could g inquiries. Lord CASTLER that the llonourahli by a'public motive just,stated. He rq did not feel it neces It must be obvious with a respect for • lative could not I socnter. Ile had re . , and was det.‘ined Ilonourable (lentlei understood, that the situations abroad, home for the arran In those cases it wa lary of the Secretar the Ambassador, wl • the case of his Nob] ' inconsistency of the that in no instance was appointed to ax necessary that he s service of the covet I I Mr. BROUGHA, 1 putting the questio was unnecessary. .4 Bedchamber, if it , ice" 10 0 4 'ID • S !te%%. I• • , its egations, when Parliament sh - oul aam assembler - IWsbisiroraordinary that the Ho -% nonrab e tleman should have abandoned his in present Session. The House would re ' I presented a similar Petition in . discussion had thus taken place would also recollect, that he had pre- Petition in the course of last year. found to contain charges against individuals—the Lord Chancellor and Attorney and for that reason was not or printed. The Honourable Gentleman hat it should be printed, intending to consideration of it till the next Session, an act of great injustice to the in conduct it impugaed. If the object was to oppose the right of the Lord Ireland to dismiss Justices without the Court of Law, he would find that , were against him. He would find that Ponsonby, while in the office of Lord ad not only justified but exercised that , henever the Honourable Gentleman " the question, he would be prepared blame could attach to the Lord Chan - other person in the particular case ,AM said, that his time was occu. the Election Committee, which pre looking into the details of this case. • Honourable Friends, the Member Member for Trinity College, was delay. He did not intend, nor did undertake to object to the right itself, tscretion under which that right was ep istance referred to. The Petition st that Mr. O'Hanlan was removed iustice of the Peace, because, as the . admitted in conversation, he was Catholic Claims. Mr. Ponsonby had as an advocate of the right, but the exercise of it upon a principle , wished to know, with what view the Gentleman desired that a Petition should contained an attack upon two in- AEI thought it should be printed fG begged the House to consider un nstances the Petition was now pro been presented for three successive affording to the persons against whom opportunity of rebutting the alle , again presented two mouths ago, manner the candour of which he could , they were required tb print those order that they might remain uncon a months more. IMILLY defended the advocates of the - the charge of a want of candour. He the absence of his Honourable Friend moved that it should be printed. •ci, on the suggestion of the Chancel luer, though the motion was agreed he order. G contended that, however correct ight be, the printing of the Petition of candour. R. stated, that if his recollection was -- printing was withdrawn be ROMILLY insis - ed, that the motion was the suggestion was made. the printing of the ketition was LORD STEWART. seeing the Noble Lord (Castle. place, wished to put a question to him, not influenced by any hostility to tis Noble Relative, for whom he en. ° respect in his military capacity.— iuestion in a spirit of candour, and as an the House and the Country. The he might be charged in this case ire not to clash with the proceedings Justice, but the notoriety given to these proceedings in Court made it necessary now be noticed. The Brother of had stated, in an affidavit in the itncery, upon a private suit with which -.oncern, that he had 12,0001. a year in :ountry, as Ambassador to the Court also that he had 10001. a year as (chamber. What he wished to know luring the absence of the Noble Lord In, comprising a period of about ie continued to receive the income The next point he wished to notice :onsistency of the two situations. The -I Lord of the Bedchamber was neces 'tdour of the Crown, and it was a the emoluments of both should be the di: charge of the duties was in should feel mnch gratified if the give satisfactory answers to these aiEAGII declared himself satisfied Lble Gentleman was only influenced tve in putting the questiGas he had regretted at the came time, that he zessa.ry to do so at an earlier period. sous to the House, that, consistently for !iis own character, his Noble Re have removed from the country returned here on leave of absence, 'd by the circumstance which the .leman had noticed. It was well those public servants who held high were often permitted to return arrangement of their private affairs.— . was customary to augment the sa :retary of Legation from the salary of or, who was absent. This was done in Noble Relation. With respect to the the two offices, it was to be observed -e where a Lord of the Bedchamber an embassy abroad, was it deemed he should retire from the personal Sovereign. 'MAM said, he had abstained from question before, because, he thought it As to the office of Lord of the it were requisite for the splendour of the Crown, another person ought to be appointed when one was sent abroad. Lord CASTLERE.AGH remarked, that the case had often occurred before in which that principle was not acted on, the House would therefore judge why it was now brought forward for the first time. Mr. BROUGHAM observed, that the reason was perfectly clear. He had not noticed it till now, be cause now for the first time it was admitted upon affidavit in a Court of Justice. AL I EN . S.S AN K OF SCOTLAND. Sir JAIIES MACKINTOSH presented a Petition from certain individuals against the clause introduc ed into the Alien Bill, depriving them of the privi lege they had acquired as naturalized subjects, by the purchase of • Stock in the Bank of Scotland.— He described the Petition as relating to the most im portant subject, a subject which involved the great est breach of faith that was ever proposed to a Bri tish Parliament. It alluded to the Amendment adopted in the Alien Bill by the House of Lords, which went to deprive persons of their rights who were naturalized in that mode since the 29th of April. In consequence of an Act which had passed in the Parliament of Scotland in 1695, the purchasers of Stock in the Bank of Scotland to a certain amount were naturalized. The same was since confirmed by five Ads of Parliament in the reign of his present Majesty. The present Petitioners were long resident in this country ; they were many of them Merchants, and had children who were natural born subjects,— ' The Petition went on to certify the loyalty of their conduct, and challenge inquiry into all parts of their character as men and as citizens. It added, that they purchased Stock in full and entire faith in thl law as it now stood. After dwelling with much force on the injustice of retrospective Acts, be coni, eluded with moving—That the. Petition' should lie , on the table. Mr, TIERNEY moved that it &W OE rot to a Committee. Lord CASTLEREAGH opposed the Motion, from a conviction that all which was necessary to be known would be known without having recourse to a Com mittee. Nothing could be more absurd than to admit naturalization to be conferred by the purchase of Stock, without subjecting them to those conditions which were imposed upon those. who were admitted to the privilege in the regular way. tinder the clause which was alluded to, 49 Aliens were natu ralized, and not less than 17 or 18 were now soli citing with the same view. It was quite a secret, until of late, that this obsolete provision of the Scotch law was in existence, that the purchase of a single share amounting to £BO, placed the person under this Statute in the condition of a natural-born sub ject. The fact was, that many respectable individuals had been naturalized under it, but it opened a door, for the rejection of those provisions which wens, handed down to us from our ancestors. We difH fered from other countries in this respect, for even when Prince Leopold was naturalized, it became no cessary to pass a law to set aside the disqualifications that belonged to the Acts on the subject. It was necessary to set aside the Act of George the First, which denied to naturalized persons the right to sit in Parliament, and the other Act of the same reign, which denied them the right of British subjects abroad. These persons had obtained their rights by fraud of an Act of Parliament—(Cries of hear, hear, hear) He repeated it was by fraud of an Act of Par liament. For the old law had been virtually repealed both by the Scotch Act, and by the Act of George the First, and the 13th and 14th of Geu. 111. re specting the naturalization of Aliens. It would be monstrous to sacrifice the public interest and safety to a technicality of law—and that having framed a Bill to guard against and regulate Aliens, the Le gislature was to be defeated in its o's ect by an old and almost obsolete Act of the Parliament of Scot land, by which all purchasers of the Stock of the Bank of Scotland took themselves out of the class of Aliens, and of course freed themselves from the operation of the Lill'. The retrospective nature of the clause had been complained of. This was a qua lity, however, very usually to be found in Acts of Parliament. Nothing was so common as in a Bill ' augmenting the tax on a particular commodity, to make it operate back to the period at which it was in troduced, and not to allow it only to commence its operation lom the time of its passing. When the, Bill for regulating the residence of the Cl!rgy was passed, it had also a retrospective effect; and there were various other precedents, of the determination of Parliament, when it thought any particular object desirable, not to be arrested by any consideration that a retrospective operation in a Bill *as unfitting. On these grounds he opposed the reference of the peti tion to a Committee. It was not a question of the merits or the demerits of the individuals. It was— wEetber an obsolete statute should be allowed to de feat the object of the present Bill, and virtually to repeal all the naturalization laws—whether the Le gislature would sanction this short cut by which all the inhabitants of the Continent, if they chose it, might become entitled to the privileges of natural born subjects of Great Britain. As to the Scotch statute, what the Legislature might eventually do with it, he knew not. Its final fate was not however at issue. What the Howse had to determine was, whether or not it should be suspended during the continuance of the Alien Bill ? Sir S. ROAIILLY rose for the purpose of strongly supporting the petition. He could not conceive it possible that the House, if it had the least regard to principle, if it was not determined to act in viola tion of all law and all justice, would rot consent to appoint a Committee for the investigation of the sub ject. Since he had had a seat in that House, he had never seen a petition of greater importance, consi dering the nature of it in itself, and considering the extraordinary doctrines which had been just ad vanced by the Noble Secretary of State. The Noble Lord had said, that there was no occasion to refer the Petition to a Committee, because the House knew all the facts of the case. The House did not know the facts of the case. The Noble Lord himself did not know the facts of the case. The Noble Lord had asserted, that if an Alien bought, and held Stock of the Bank of Scotland for 24 hours, he be came entitled to all the privileges of a natural-born subject. How did the Noble Lord know that? Had the Noble Lord the Act ? If the Noble Lord was in possession of the Act, it was a thick upon the House not to declare it. But the Noble Lord was mistaken if he thought the repeal of only ore Act necelrary :• It would be necessary to rereat no less than five Acts of Farlipnent. It was a mistake to suppose that the individuals in question were entitled to their claims by the Scotch Act merely. They were entitled to them by Acts of Parliament passed by the Eng lish Parliament—(hear, hear.) By an Act of the Scotch Parliament in 1695, the Bank of Scotland was created with a capital of I:100,000—(heer.), The exact terms of that Act it was not in h:s power. to state, for it was impossible, such was the haste of, the advocates of the present measure, to procure In 1774, however, it being thought proper to in crease the Capital of the Bank of Scotland, an Act was passed by the English Parliament—the Parlia ment of the United Kingdom of England and Scot-, land—the Act of the 14th of George 111. c. 32, in creasing that Capital to 200,0001. ; and in the 17th Section of that Act, it was declared that the Act of the Scotch Parliament, in 1695, should remain in full force as to every particular, except so far as the' same was altered by the Act then passed, and that the provisions of that Act of 1695 should operate with regard to the new Stock, as they had operated with regard to the old ;—in other words, that all pur chasers of the new Stock of the Bents of Scotland as of the old Stock, should become naturalized sub- jects. This was done five several times. In the 32d of George 111. another Act was passed, further in creasing the Capital of the Bank of Scotland, and in the 34th of George 111. another; both declaring that the Act of 1695 should remain in full force in the particulars which he had already described. And yet, in the teeth of these repeated Acts of Parlia ment, the Noble Lord had asserted that the indivi-, duals in question had obtained their rights by fraud of an Act of Parliament. 4. most monstrous asser tion I Did the Noble Lord—a Minister of the Crown, high in the confidence of the Prince Regent, mean 50, assert that it was not perfectly justifiable in those persons to purchase the stock in question in order to become naturalized ? Why, it was the advantage held out in order to induce aliens to become proprie tors of the Bank of Scotland Stock. When the Bank of Scotland was established, which was a year before the establishment by charter of the Bank of England, it was a boon offered to aliens to tempt them to be come proprietors. This boon the individuals is ques tion had accepted, and now the Noble Lord called that acceptance a fraud on an Act of Parliament ! To take it away would be a fraud on the part of Par liament—( ieer, hear.)—Parliament had offered cer tain conditions to aliens ; and when, relying on the faith of Parliament, they accepted them, Parliament withdrew its part of the consideration, and put the alien purchaser in the situation of being compelled to sell the stock which he had purchased for a particu lar purpose, at the reduced price to which it must necessarily be lowered. The Noble Lord had ap pealed to precedents and to past times e' and espe cially to the reign of Queen Anne. Did the House recollect what was done in that reign ? Ia the 7th of Anne it was enacted, that all Protestants were, on landing in this country, to become naturalized.— (hear, from Lord Castlereagh.)—He knew the mean ing of the Noble Lord's cheer. The Act of the 7th of Anne was thought inconvenient, and so it was re pealed. But how was it repealed ? Did the States men of that day dare to take away the privil ege s which had already been conferred? No. The Bill was prospective in its enactments. Its operation was not to commence until after the passing of the Act. Three months were allowed to foreign Protestants to come and take the benefit of the law, by rendering themselves entitled to the privileges of natural born subjects (hear.)—A thing so extravagant, so contrary to all law, so completely in violation of all justice, was never thought of before the time of the Noble Lord and his colleagues. And what was worse was, that it emanated from that branch of the Legislature which was the Supreme Court of Justice in the coun try—(hear)—that it proceeded from men who filled the highest judicial offices—who took an oath to ad minister justice with impartiality— (hear.)—Those took " a short cut," as the Noble Lord called persons They did not even venture to intrcduce the pro position in a Bill, where it would be repeatedly dis cussed, but took care that there should be only one question upon it, by making it an addition to a Bill already discussed. Much stress was frequently laid on the forms of Parliament. Here all forms had been violated. The House of Commons sent to the House of Lords a Bill continuing an existing law ; the House of Lords returned it with the repeal of an existing law—(hear, hear.)--And this they called an addition to the Bill ! By this proceeding they told the House of Commons--- , ‘ Either the Bill to which you have agreed, shall .not pass into a law at all, or else it shall be accompanied by an amendment which we have added to. it, and which is wholly Alien to its original object." And this was done on the presump tion, that the hurry at the close of a Session would prevent the House of Commons from having any al ternative. A monstrous proceeding--(hear.)—There was another view of the case which was most important. He did not profess to be very learned in the law of I Parliament, but, unless he utterly mistook that l aw , he conceived that the House of Commons could rot, consistently with its privileges, agree to this amend ment. For observe what was its effect. To subject a large description of persons to the Alien duties.— This was one part of its injustice. Another was the forfeiture of estates. Suppose among forty-nine per sons who had availed themselves of the Act, there I were some who had done so for the purpose of purr , chasing estates. Was the House aware, that the , effect of this clause would be to make these persons forfeit the estates so purchased ? If aware, would it be so regardless of every principle of law and justice ' as to consent to the proposition—(hear.)--Reverting. however, to the law of Parliansent, he observed, that he had been looking into authorities to see how that law stood with respect to the circumstance to which he had recently adverted ; and he found that the House of Commons had rejected amendments made by the House of Lords, that were much more re motely connected with the privileges of the om inous with respect to money regulations than this clause, by which Alien duties were impo..ed. Thelast precedent in Mr. Harsell's work, was in 1794, a her. the Ilause of Commons threw out a Bill returned to them by the House of Lords, for regulating the dis tribution of rewards in cases of felony, because the House of Lords had diminished one of the rewards of forty pounds. The House of Commons rejected this as an interference with their privileges.--(hear.) But how iuferioe an interference was it to the pm- smr, in which the House individuals ?—( Hear, hear, of Lords made an Amendi them from the House of C hvt Jail, which Amendmi. Horsham Jail should be rep; ner as other jails. On thir by the House of Commons, imposed on individuals the was one of the most importAl of Commons, and one Avlii guarded, to originate Mon , ceive that the pre.ent was a lege ought to he strongly ai ing the Stock of the Ban) one of many Acts in whit! to Aliens the advantage , Service by Aliens in the F? dente of Aliens in the Col were by Acts of Parliamei on them the privilegi.s of Noble Lord, in justification ratter of the clause, had ref actions against the Cttrgy ' pended. He (Sir S. Romi that Act was altogether were circumstances — which it ; but at any rate it ought was not passed without hi was to be affected by it. occurred to many Honoural to that Act, that it would in a Ease like the present. themselves of precedent al Lord and his colleagues invade and destroy the (hear, hear)," Sir, (said mow what course the 19 this subject, although I c. that course will be ;—a cot to the individuals more in: utterly repugnant to the proceeding. Deeply inrol in this question, yet as 11 probability be prorogued fear its last act will be at Such will be a fit close proc.ceor.gs. Anrehent very kn• hours of t!'e existence, before tie mo lel us recollect for wh.t Lc: us recollect that we for the first time in the 11: suspended the Habeas C profound peace. Let Js tiding Parliament winch niste; with the autherit pension, in expectation.. 'anted; they 'would call render it into their hltru! not do, altho4ll they that the necessity for :t ceased to exist. Let us rt Parliament whien conrei ty's :Ministers to the abu of which they had been g authority vessed in them, ars the same Parliament inta the grievances stated and memorials with whirl we turned a deaf ear to pressed—that we even at sufferings. Let us reco: Parliament which sanctioned formers by the British 6, Government, once so ceh honour, into a condition b of the ancient French poli we are the same Parliament suing of a Circular Letter Country, by a Secretary hold persons to bail for was found. Let us recot►. Parliament which sanctioned 'opinion of the King's King's Solicitor• General, us recollect that we are the sanctioned the shutting of pitable nation to unfortunai persecution in their own we have done ; and we a t present most violent and • coar successors may be I that this country may nein as regardless of the liberti and of the principles of liament h 3; been!!"— a some by loud and cox Lord CASTLEREAG he had mentioned the sub Act which had been solid Learned Gentleman, but privileges were enjoyed sr The ATTORNEY-GE: of the Honourable and Le cause the capital of the various times been inerea/ Parliamer.t, Aliens deri, from the English Acts, and They derived those rig ht Act of the Scotch Parliami and on the Scotch law alt with respect to the law itsi was contrary in its regal: ciple of all naturalization try : for it was without at either to religion, to co comstance. The Natu serving for certain peri, residing - in our infant Co ls that those Aliens shout. that they should tindergt respecting Aliens in the - C residence of seven years, of allegiance. Not so the of whatever religion, frc world he might come, rr certain quantity of Bank last Act at so small an e , come naturalized. In tb of Pat li.unent passed to served three years on boa a special Proclamation f for that purpose. Even required . ceriaiugnalifio at the Preambk vi the Si Intent t~ a 101 l salt t+p to tent s 'as is the JSiil vas thro Ct asserted. 7be 3t: Fleet la I) llllllfhriniC:.l , .... 6:(Clll to the eir„,ct, th▪ '" niliy) did not cor.crce z lessened the objedo-s ht to heating the indilidu re that rablierl be abe.c liafter rsd l re: e u re p. in cei n bers d ,I n e enias m ilt: he" : w it k pki o tic i a: No greal i 4 : : : r4sr :**: Thus it was, that a r ,, 4 be 1 s libert of PesP•e— • [loose is akin: to c a b :annot help suspectin g e h. l curse utterly nivarrarcali. e split of all P.c:i.cl•:cLett olved as c..ur this i 7 sr din a very r I L. an act c' signal: 1...• the z i rei.:tr p. t ot . re • :oat Kt .",r terni:rat.....! of Olt pel•i-g at >rner.t 61.; ecd, tCt iar-e acro-.. .2:e Ce P•trri..•:cer .!i t s , to yof t:l.f • • :7 1 :S Ac . ., in a i.e . ▪ t: rec.;:.et.• tll.it ••••t. ate }.e t'•• er.trusteli ka 3' ijr.rv . • ' , lt. V etna that 7t•laa : 7. u t P.c:iamcat r ••. :% a s. v .1.:•• , •••• - • I pi t!..at p • er col:cct : 177 . '7 c' ate.! t., Mo• ..• •n• tses guilt ) , in Cae 1. Leo us reeo::ett •••• : t" it which refused to ic.Trin St d in the numerous. pelWa eh a r table . grttaned—at to the complanos of the or , u l _, amused ourselves with :hit to sheet that we are the tam oned the use of spit: alio. Government—debasir.g lebratecl for good ik.s and lower in character lice. let us rev:Le. the n ent which unctio - A !T to the Magistraq c the r of State, urging taro ta libel before an in.irrra ~1 11 ollect that we are the u„' reed the tending out of Attorr.ey•Genual ra.l -'' Li as the law of the latai. Le. the same Parliament via f the ports of this oar: nate foreigners flying ika s: country. This, Eir, a wit ue about to crown all by :IT 1 ," most unjustifiahle act. ".a know nct ; but Goo rat P ever see another Parli;artf. :ties and rights cf the r ;,,r:t, c. general justice, as this P 1. Dis sleet', 4 was follcwei dinned derriag.) :11, in splana::" t II bsequent Acts to the Strati ced by the Honov.r.Ve : it was his opinion that frt miler the Scotch laz as :NERAL denit.l the par: r : .earned Gentleman, u•.:c. et- . • e Bank of Scotland g ;• Ised by Acts of thc i r 7: ived the rights in c t uew 3 and not from the Scoalt:•.c• is entirely from the area. On the Scotch done, the right stood. :s oro '. . tself, the Scotch Act of it 4; falai, to :lit general pn:•• n Bills adeptcd in this cc" , •‘. my rt tricticn with: rercri.sv aunt: t, er to any other c Acts for . 1 .3 in cur Fleets and Arc. docks, etc. all rcquirec 4 ,:•••-• Li be Protestants ; secor.. • o teremor.iec - t, C• s c a . : l r o c.it n , l hth cs .e re ct tr ti. ai Li. retl itigny : ffi r a l c.. l . ,.. l. l Torn ‘ehat:7ver quarter might. by the purchase c; k of Sc-ulatti thy rtpc rac !is c he seven year' war an .ka )114;:trAi aird his blips 1 "-: From the Kilt.; %%as tice,cgc L the Statute :if ll'u's s anions. Let the Howe tAtute by which that •