Star. — London, England, 1814-03-02 00:00:00

4 ' I fully aware of the vast importance of that object, to which the House would have a future opportunity of giving that attention which its magnitude deserved ; and under all the circumstances, he thought it right to state, that the subject to which be alluded ought to meet, not only with a deep and careful but also a most dispassionate attention. Having thus stated the view which he had of the present motion of adjournment, and the circumstances connected with it, he did not think it necessary to at tempt throwing any further obstacle in the way of the motion, being of opinion that he had discharged his duty in calling their Lordship's attention to the sacri fices which they were making f in giving their concur- rence. Lord LIVE RPOOL.—He did not feel himself called upon to say any more than a very few words, with reference to what had been said by the noble Marquis. He agreed with him that, notwithstand img such a mode of adjournment, a motion to that ef fect coming recommended by message, any peer Might, undoubtedly, oppose the motion, if he thought proper to do so. But the respect which was generally shewn to such a message, under such circumstances, made it rather an unusual proceeding to oppose a motion of adjournment founded upon such a recom mendation, and under such circumstances as were at , present known to exist. Then, as to the question of theexpediency of such anandjournment, the noble Marquis had said that the Ministers would not be embarrassed nor interfered with, even although Parliament sbntlld continue sit ting. Yet he Lord (Liverpool) must observe,thatthis was an argument which might apply to every ad journment under any circumstances. But the real question was, whether, upon the whole, it was advisa ble that this motion should be acceded to by their Lordships, on a view of all the circumstances with which it was connected ; or, in other words, whether, upon the whole, the advantages which might be de rived from such an adjournment, considered with re ference to time and circumstances, were such as might be fairly considered as counterbalancing any incon venience that might be supposed to result from such an adjournment. With respect to its being desirable that the House should adjourn, he could only throw himself on the indulgence of their Lordships. To enter into any explanation at this moment would be obviously im proper, aud no such explanations could therefore be reasonably expected to be given. Certainly, how ever, before the Prince Regent's Ministers thought it right to advise his Royal Highness to send this re-' commendation to their Lordships, they had taken into consideration the possible or probable inconveniencies that might result from the adjournment now pro posed. The result of their deliberations and inquiries on this point, bad been to convince them, that no very material inconvenience was likely to arise from the proposed. measure of adjournment to any important - interests whatever : that was, that no inconvenience * was at all likely to arise from it, which could equal the inconvenience that might result from Parliament's continuing sitting. This was all that he conceived it • proper at present to say on the subject. Lord DARNLEY.--How was it possible to say, that no material inconvenience could result from this adjournment, when it was notorious that there was such an arrear of causes in that house—causes which ought to be proceeded in without a moment's un necessary delay ? How was it possible to say that no material inconvenience would arise, when the regtila ration of the Corn Laws loimed an object of so much importance, and one which demanded prompt atten tion ? Parliament had already adjourned far beyond the usual period of adjournment, and now it was called upon to ad,journ again. He did not mean, however, to set his own individual opinion against whampeared to be the general sense of the House ; he should not, therefore, oppose the motion ; he was as anxious as any .1 their Lordships that Ministers should not be interfered with in the great object about which they were at present particularly em ployed : but he thought they might have taken the . pledge that they should not be interfered with even though the House were to continue sitting. Though he did not decidedly oppose the motion, be could not help thinking that Ministers would have acted a wiser - part if they had trot pressed this motion of adjourn ment The hearing of the appeals would be interrup ted, and a press of business would come at the close of the Session, so as to render it impossible that it should meet with the proper and requisite attention. The LORD CHANCELLOR.—He had merely a single word to say with respect to the appeal causes. On the best judgment that he could form, it appeared to him, that the adjournment need be attended with little or no inconvenience in regard to the hearing of appeal causes, provided their Lordships thought pro- . per to prevent it.. It he did not sit there, he must of course sit in the Court of Chancery during the three weeks to which the adjournment extended. If, then * : as much of his timer was taken from the Court of Chancery, and devoted to the hearing of appeals, on th e insesing-01 Parliament after the adjournnalnt, t as' the Court of Chancery now gained of that time by the proposed measure, he did not see that much in- Convenience we:likely to arisefrom that adjournment, with respect to the hearing of the appeal causes. Lord DE KBY.—The adjournment must, it it took place at all, be, in reality, protracted till the middle of April. At the close of die adjournment now pro posed would come Passion week, and then Easter ; so that this adjournment, though nominally only for three weeks, was, in fact,- ao adjournment for six weeks. He had discharged his duty in stating this. . The Ministers might have given credit to the pledge of his Noble Friend, that they would not be inter rupted or interfered with by the sitting of Parliament, in the prosecution of the important subject which now engaged their particular attention. About the negociation, it might he improper at present 'to say any thing farther than this—that he wished, from the bottom of his heart, that Ministers might be able to bring that negociation to the desirable termination— that they might be able to bring a peace founded on a solid basis—a peace likely to be lasting, and one which would be safe and honourable for all parties. No impediment would be thrown by him in the way of Mir:ilium. is the conduct of this negotiation-..sines would have been thrown io their way Sal hira tbongra Parliament had continued sitting. A future %Ma . *unity would occur for the full investigation and dis, 4 P'"°P of the conduct of Ministers in this respect * aod he should be most happy to (tad du% their con. duet had been such as he mild acescientiuusly sp.' , prove and applaud. Duke of NORFOLK.—It was very possible, that after the close of the present adjournment, another might be proposed. No precise judgment could be ' at present formed, even by the Ministers themselves, whether a further adjournment might or might not be thought necessary? But unless they thought it pro bable that Parliament could really proceed to business at the close of the adjournment now moved, it was desirable that they should give some notice te the agents who were concerned in Appeal causes : many of these had, to his knowledge, come to town already in the full expectation that Parliament was now to have proceeded to business. In some way or other, notice might be given them before the end of the pre sent period of adjournment, that another adjournment was in contemplation, in case another should be thought advisable. Lord LIVERPOOL.—He could of course give no positive pledge now on that subject. It must in some measure depend on circumstances ; but he could state, that at present it was intended that Par liament should proceed to business at the close,of the present adjournment. As to the inconvenience stated by a Noble Lord on the other side (Derby), from Passion week and Easter coming close upon the pe riod of the proposed adjournment, that circumstance had been considered, and it was expected that mat ters could be so arranged, that the inconvenience would not be very material. The motion was then put and carried; and the LO RD CHANCELLOR accordingly declared.. that the House was adjourned to Monday, the 21st of March instant. , t I. I t * • • . • HOUSE OF COMMONS. The House met at die usual hour. In consequence of the great accumulation of business, an unprece dented number of Private Bills were brought in, and read a first time. • -SIR WILLIAM GARROW. Mr. LUSHINGTON having moved, that the Speaker should issue his warrant to the Clerk of the Crown to make out a new writ for the election of a Burgess for .the Borough of Eye, in the room of Sir William Garrow, who since his election had accepted the otfiee of Chief Justice of Chester, Sir SAMUEL ROMILLY observed that the ap pointment which had occasioned the necessity for the motion just made by the Hon. Gentleman appeared to him to be so objectionable in its nature, that he should not consider himself as having proper)y dis charged his Parliamentary duty, unless he called the attention of the House for a few moments to the sub ject. It was not his intention to make any motion respecting it ; he had not heard that such was the in tention of any other Hon. Member. The present; therefore, was the only opportunity which he could ever have to make the observations that seemed to him to be so necessary. He understood that his Ma jesty's Attorney General, who had recently accepted the high judicial office described in the Hon. Gentle man's motion, had not resigned the office of Attorney General, and did not mean to resign it ; but that it was . ..his intention to hold the two offices together. To him (Sir Samuel Romilly) it appeared that the two offices were wholly incompatible. (Hear, hear, hear.) To appoint a Gentleman holding a lucrative office se the sole pleasure of the Crown, and rtmovable from' that office the very moment that he might give dis satisfaction to the Crown, to a high judicial situa tion, was in his opinion distinctly inconsistent with that independence of the judicial character which it was so important to preserve inviolate. It could not be out of the knowledge or the recollection of most of the Honourable persons who heard him, that early in his Majesty's reign, and on a very memorable oc casion, his Majesty was pleased to state to Parlia ment, that it appealed to him - that the independence of the Judges was essential to the impartial admini stration of justice, to the preservation of the liberty of the subject, and to the maintenance of the honour of the Crown. He could not think that these sacred considerations were attended to in the appointment of a Gentleman to a high judicial office, who, as he had before observed, held at the same time another office, very lucrative in its nature, and frt%a which he was removeable at the pleasure of the Crown at any moment at which the Crown might think fit so to remove him. Besides, it was evident that to place as a Judge over the subject an Attorney• Gen eral—he whose duty it was to assert and maintain the rights of the Crown against the subject, was not the way to insure the equal administration of justice.— He trusted that in making these observations he should not be understood as intending any thing personal or any thing disrespectful to the Learned Gentleman in question. He had merely done as others had done before him. An individual who stood in the high situation of his Majesty's Attorney-General, had a right to expect, and had a right that the public should expect for him, that when any high judicial situation became vacant, he should be vested with the judicial functions. But then he ought no longer to retain his office of Attorney-General. He knew that there was a particular Attorney-General for Chester, as well as an Attorney-General for the King ; and that in many, perhaps in most cases, pro secutions might be conducted in the Court of Chester by the former, without any previous interference by the latter. But this Orag not always the case. For instance, the recent criminal prosecutions for riot in that part of the country were directed by his Majesty's Attorney. General, who assisted at the consultations of his Majesty's Government, the object of which was to ascertain the best mode of quelling the disturbances. Should such occurrences again take place under the existing circumstances, persons would be tried by an individual who had advised and directed their pro secution ! It was undoubtedly true that these two offiees had at former periods been held by the same individual. Lord Kenyon, Lord Alranley, and other persons, whose memory he highly respected, had so held them. But so inconsistent did the ap pointment seem to him, with pure notions of the independende of the judicial character, which' ought not to be exposed to be affected either by the hope of Royal favour, or by the fear of Royal re senturtst, that no example, even had Sir Matthew Hale er Lord Sensors himself afforded it, could, in his opinion, sanction such a measure. It was a great misfortune that the instances to which he had just alluded, in which the two offices were held by one in dividual, bad bees allowed to pass withouteommene. mposaible as it was to lassify the appoistakeot a is was essential that such silence shßuld not again be ob served, and particularly in that House, one of the peculiar duties of which was vigilantly to watch over the impartial administration of justice. What would be said by the country if one of the twelve Judges was to accept an office inconsistent with the proper discharge of his judicial functions, and from which he was removable at his Majesty's pleasure ? What then could be said of an individual who held the two incompatible offices of Judge and Attorney-General, the emoluments of the latter office being four or five times greater than those of the former, and from which latter office he was removable at the pleasure of the Crown ? Could such. a person be considered an independent Judge ? The House must be aware that the office of Chief Justice of Chester was a very high one, being next in importance to those of the twelve Judges ; the Chief Justice of Chester having always to try an extraordinary number both of crimi nal and of civil caws. He had felt it to be his duty to throw out these observations ; but he repeated that it was not his intention to make any motion on the subject.—( Near, hear.) The motion was then put and agreed to. On the motion of Mr. PONSONBY, a new Writ was ordered to be issued for the County of Kildare, in the room of Lord Henry Fitzgerald, who had ac cepted the office of Steward of East Hendred. ADJOURNMENT. On the motion of the CHANCELLOR of the EXCHEQUER. the Committee of Supply was post poned from to-morrow until Wednesday the 23d instant. On the CHANCELLOR of the EXCH EQUE R's making a similar motion with respect to the Com mittee of Ways and Means— Mr. TIERNEY 'wished to know what reason the Right Hon. Gentleman had to assign for postponing the Committee of Supply and Ways and Means? On whatever grounds he proposed this (he, Mr. Tierney) should have thought it would have been proper to state them before he made the motion he had submitted to the House. The CHANCELLOR of the EXCHEQUER replied, the reason which induced him to wish for the postponement of the Committees was, that in conse quence of the existing state of public affairs, he had a communication to make to the House from his Royal Highness the Prince Regent, which commu nication he would then make, namely, that it was his Royal Highness's pleasure, acting in the name and 'on the behalf of his Majesty, that the House should adjourn until Monday the 21st instant. In conso nance to this intimation, he would move, that at its rising the House should adjourn to Monday, the 21st instant. Mr. W HITB RE AD observed, that although every one had anticipated the communication which had just been announced by the Right Honourable Gen tleman, yet it was certainly surprising that the Right Honourable Gentleman had not preferred making the communication the preliminary step to the postpone ment of the Committees, instead of making the post ponement of the Committees the preliminary step to the communication. If he were not avow that such was the usual style of a communicatimpOlhat na ture—namely, that it was his Majesty's Near:ire the House should adjourn, he confessed that he should think it rather an ungracious mode of expression.-1I It was certainly, however, justified by the prece- I dents on the Journals. He did not rise by any means to oppose the Adjournment, to which, on the contrary, he should consent with the same readiness as he did to the last proposition of that nature. Nor would he express either disappointment, or hope, or ' fear, with respect to the events that had taken place' since their last meeting, or that might be taking place at that moment. It was his wish cautiously to abstain from any observations on the subject, reserving him self until the period when that information should be afforded, to which he, the House, and the Country, looked with confident expectation. But although he had no hesitation in voting for an Adjournment, and for an acquiekence in the pleasure of his Royal High ness the Prince Regent, yet he owned that he enter tained some apprehensions lest the present proceed ings should be drawn into a pernicious precedent : he was not without his fears, that when the circum stances of the times should not be well recollected, posterity might accuse those who consented to the present proposition, of an abandonment of their duty to their constituents. He was aware, that in 1799 an adjournment of a much longer duration even than that, the termination of which had that day as sembled the House, had been proposed, and without difficulty acceded to ; but that was at a period of the Sess on at which the public business did not press so heavily as it had pressed during the late recess, and would necessarily press during that which was about to take place. Therefore, although he did not regret having voted for the last adjournment—although he did not repent having placed the confidence which he on that occasion placed in his Majesty's Government —although he was not disposed to cavil at the ad journment now proposed, yet he did wish to guard the proceeding from being converted into a dangerous precedent. He wished to have some record on the Journals of the House, of the grounds on which Par liament had been induced to take such a step. In the words which he had committed to paper for this pur pose, he hoped he had so entirely abstained from ex. pressing an opinion, or any thing like an opinion, or an anticipation with respect to public alai's, that he really entertained a- confident expectation that the Right Hon. Gentleman opposite would not object to their adoption. He would therefore move, as an amendment to the Right Hon. Gentleman's motion, to leave out all the words after the word a That," for the purpose of inserting the following : An humble Address be presented to his Royal Highness the Prinee Regent, to express to his Royal Highness the grateful acknowledgments of this House for the communication which his Royal Highness has been pleased to send to this House, in the name and on the behalf of his Majesty. To assure his Royal Highness, that notwithstanding the re cent Adjournment of this House, at a sow when so many mat tees of the gravest Importance pressed themselves upon Its cond. deiratio% and for a period of very animal length, this House wil l cheerfully comply with the pireare of his Royal Highness, signi. lied by the Chancellor of the Exchequer, and adjourn itself to the Bin day of March instant, 'rustics th at unexampled state Of ra ve trO t n e its of r ufo drawut t s I t their aideas oa s t 1 l a to precedents. P e t s acrdw wi ll to morel posterit y,precludeaj pt 4 possibility of lb being attributed to inattention to the gra* cos cerns which call for the Increased 'vigilance and activity of the House of Commons, or any dereliction of its sacred dutks." The CHANCELLOR of the EXCHEQUER stated the reason for his moving the postponement of the Committees, before that motion which the Ron. Gentleman (Mr. Whitbread!) bad conceived might to have had the precedence. He had done so, in confor mity to the precedents in a similar case. He was aware, that the motion which he had now submitted to the House was liable to sbch observations os had been made by the Hon. Gentleman ; but he thought that when the House considered the n ature of Ito proceedings, they would not conceive them likely lead to any pernicious Precedents. It was consi-N dered that a delicate attention to the feelings cf the Members of that House, made it advisable that the decision of the question of adjourning should be left to them ;—but if the House should think proper to adopt the suggestion of the Honourable Gentleman, heleszed thit it would tend to establish the more dangerous mcedent of the Crown being induced to exercise its prerogative of proroguing Parliament, rather then recommending to them adjournment. This adjournment was, as the Hon. Gentleman had observed, sanctioned by usage, and by precedents. As to the recommendation of his Royal Highness, for that recommendation, like every other act of the prerogative of the Crown, his Ma jesty's advisers were responsible ; an d whe n the pro. per season for explanation should arrive, they would be prepared to give their reasons. He had only found two instances'where any debate had taken Once upon an adjournment so recommended. Jo one of those instances only was there a division ; and in that iv stance, the whole body of the House divided against the two who were the tellers on the opposite side.— lie should abstain at present front assigning any rea. sons for the recommendation, and would confine him self to stating, that 4 was an act advised by his Ma jesty's Ministers, for which they were responsible. A time would possibly come when further explanations might be required; and when the. proper season should arrive, he would then be ready to assign his reasons. Lord ARCH. HAMILTON, when he considered the advanced period of the Session, and the length of the Adjournment which had already taken place, felt himself compelled to resit the motion of the Right Honourable Gentleman. He would ask the House, if they had foreseen, when they agreed to the Lite Adjournment, that at the end of two months a all limber delay would be asked, they would have con sented so readily as they then did ? He. wished to throw no embarrassment in the way of his Majesty's Ministers; but he really could not see in what way the sitting of the House would embarrass them. The quantity of papers exhibited that day in the House was a strong reason for opposing the Adjournment. Mr. PONSONBY said, no man could feel more forcibly than himself the inconvenience to the public with which an Adjournment would at present be attended ; but every man must also feel the very im portant and delicate situation of affairs at this crisis; and when his Majesty's Ministers, on their responsi bility, came forward to the House and asked an ad. journment for three weeks, be felt himself unable to resist the application. He could not conjecture what the affairs were which rendered such a measure ne cessary ; but when the time arrived, at which a dis. closure should be made to the House, he would then be prepared to enter on the consideration of them.— He should feel a difficulty, if his Honourable Friend pressed his Amendment, of supporting it ; for he knew no instance of the liouse, when it ;Treed to any measure like the present on the recommendation of the Crown, having entered a reason for that com pliance on their journals ; as the House had always considered the recommendation as a sufficient reason for its compliance. To act otherwise, would be to bring on a premature discussion of that which it was the object of the measure to avoid bringing under discussion. He would therefore confide entirely, in this instance, to Ministers, on that constitutional re sponsibility which attached to their situations, 'and which at no time they could be, more called on to exercise. The motion for Adjournment was then put and agreed to. On the Motion of the CHANCELLOR of the EXCHEQUER, the time for receiving Private Bills was extended. No Private Bill to be read a first time after Monday, the 28th of March, and no Re port to be received after the 23d of May. Mr. HORNER moved that there be laid before the House an account of the amount of Bank notes is circulation, from the 4th of December, 1812, to the Ist of March, 1814: also for an account of the proceeds of the Droits of Admiralty, and the pay ments out of that fund, since the time up to which ac counts had beeti laid before the House.—Agreed to. A short conversation then took place respecting the sitting of Committees on Private Bills, during the adjournment ; after.which the House Adjourned. GERMAN AND =Tat PAPERS. AMSTERDAM, FEBRUARY 17. Yesterday was received here, with every demon' stration of joy and affection, the organised Militia, which had come from Haern. GOES, FEBRUARY 13. The country of Hulst and Axel has, within the few last days, been delivered from French intrusion. I The day before yesterday, in the evening, Commis. sioner De Yonge, from Zierik Zee, arrived, and yes• terday he proceeded through Axel, for the purpo of taking possession or the States of Flanders, in t!,c I name of his Royal Highness our Sovereign Prince, • and to appoint the National Functionaries for thg establishment of the same, authority. 0 Yesterday 300 more Russian marines reached us, by which the joint Anglo-Russian force on our island is increased to 2,400 men. BRUSSELS, FEBRUARY Yesterday all the troops belonging to the division of General Borssel, and which proceeded from MeC lin, left our town to pursue General Msison, who had • retreated by the way of Aash and Daorniek. By a vessel arrived at Sheerness, from the Mat o we learn, that on Thursday last a heavy cannon!dil was heard in the direction of Flosithl e which la w ! from &Tett o'clock to three.