Star. — London, England, 1810-06-14 00:00:00

I a necessarily result from the timely adoption or rimet-s.tlartyeaprilinyciple of Reform, which would gra-. proceed to the correction of those dually but stea d ily d the progress of time must unavoidabll h ab : e9 r ; birth to. But that principle of Reform should °:- tici!ie,e o e r p t within the line Marked out by the Con , exceed the wholesome limits which ex am.' rrience points out, and public utility dictates. As on respecting the reform of the tither H o use golfleVilirliartrent, he ' knew not how he could makethatthe subject of anyobservations in that House, without perhaps transgressing the bounds of that re spect' h tsarwue to an integral branch of the le lslaterc.R nothing could be done in further _u ° mice of that object , wi t hout the concurrence of all the brandies of the legislature ; as the question itself was, e of t he highest importance, not alone to the branch f t he legislature more immediately concerned, but to the other two branches, an d m the nation at u rge ; as it was of cons i derab l e importance to him poi to b e nos represented to the public ;—he felt i t necessary,hurnhle an individual 'as he was, to :elate, that he still retained the same senti ments he had ever entertained on the subject ; and t:at it was no w, a s it had formerly been, his convic that a te mpera. p cautious, and judicious adop. I tt , e a o f reform, was the most desirable for the come ticn of those defects in the other House of Parliament, iectred such scandal with the public, and fur eishel &signing men with a pretext for inflaming the ions of the multitude, to mislead them from the f oe of their duty. To such a Reform, whenever it s hould be proposed, he would ever be anxious to yield rea dy and zealous assistance. But he never did, laver should, propose any plan of reform, on the Ind of theoretical perfection. He never did, nor should, propose any plan of reform, which had t fur its basis the practical correction of existing muses . To that extent, and to that only, was he zd to F o ; because no reform that did not pro on the principle of practical correction of abuses be productive of any safe or salutary result. It t ee n frequently of late objected against the Con 'mien and the privileges of the other House, that were not to be found sanctioned by any public lZe, or in any written code. But upon all the best cideratlon he had been able to give the subject, •as ' too by the authority and opinions of those great eitutionel Statesmen : from whorls he derived his itical principles; he found, that what had been stated as an objeedon, was by him considered highest recommendations It was the folly and presumption of the present day, to decry every :cg that was not to be found in a written statute. nation was now told, that unless every salu pcwer possessed by the different branches of Le„islatuie could be found recorded in the tten coee, it was therefore illegal ; and the doctrines were - again promulgated, which had alreiely nearly subjected this kingdom to an 'eery Government. The convulsions and ca ',;es ' period bad, however, happily, since in:o a system of mild and regular go which, tie ugh not perhaps co;sistent with theories of political speculators, was yet practi v adapted to the spirit of a free people. If any e cruel more than another confirm him in the lions he entertained on this subject, it would be concurrent authority of a late great Statesman suppee: Mr. Fox), whose views respecting Re he LI freqeent of portunities of learning, in course cf various debates. It *as the opinion thet great man, that the whole of the Consti .mof this country was a system of practical in-1 ; and he had often declared, that, if the ablest, and most virtuous men, had ever lived in.any country, could be brought and seated round a table, for the pur ofdevising the best constitution for a nation, be eet believe they could form a system which it old be possible to live under, without some prac del rations and alterations, accommodated to the of times and circumstances. This opinion accustomed to 'enforce by an apt but homely .ion : that he had scarcely ever known an in in the building of houses, of any one having provided in the first instance wi;11 all the con ores which, in the occupation of it afterwards, . found practically necessary. To the principles practical reform, he was therefore determined to ; and these he should be always ready to sup , whenever the question should be agitated ; but trust again repeat, that such reform as he was to support must provide practically for the, :ion of t h e a b uses o f t h e const i tut i on — muse b e. .e.l within the bounds of the constitution —and launch nut into the extravagance of theories, Ives no new opinion of his ; and if eheir Lord cold consent to attend to any statement re ine an inelividuel so humble and inconsiderable flie.ll, he should prove to their satisfaction, that had ele•ays been his opinion. For this purpose, sheioe a o so far back as 1792, a period when cpinions were mede the subject of more po ' and conteation than at any subsequent At that t i me , a soc i ety was f orme d to pro . . the cause of parliameetary reform, of which had been a merraee. That society and its dif n"' llbt:rs collectively, and individually, had thee b en much misrepresented, and subjected as the triethis of temperate reform were now, to ' 14 ` 311 -''e Oiloque They had been held out as no :re friend s te reform—no real advocates fa- the tits o f ti ntion—because they were nut prepared suFPert .; ve.at le a then, now, called a radical 'm•'hese c4iarts had been communicated to by a society formed about the said time, forl cr )ti.ig c,.. ls: :tteicual information. The answer .:nicatio a would spew what principles of stellailisi:.carlili and his hisf.iends entertained at that time. been signed by his Noble Friend un (Lind Erskine). and, with their Lordships' he shoul ; ;fad some passages from it. Herr the Noble Larl read various extracts from up-r, to the efft•cl. that the society never enter the N ish that the plan of Parliamentary Re-1 ail.l be carried into effect on the principles Aired by the other society ; that they would :ricourage the. probable consequences 1.0 wisdom could foresee, nor no skill', or put a s t o p to :,t h at they w i s h e d no c h ange ` h as xvoulti be consi s t en t w i t h t h e p r incipl es o f n nstaution ; that they desired to reform the con '011: because they wished to preserve it ; and the :',•nded with a statement, that they would break t . . 11 tiler connection or communication with dig declare, ' inentb he i that i! wiz; tion that a tion of ref( tien of tho iall'a aci' wished tiesi, pasiturlS Of line of the should be i i,i s ready a nd never ground of ever shout ti nt for its :buses. 1 iisposed tt d on th , cull be p I d been I stitution as they were statute, or nulidcrati fisted too 1 DLifitUtio litical p ' us stays e 11:; , hcss e presun Icg that i'be natior 1:: - pcwe I,e I,e,isl rater co e doct :ce alrea I:;trary i sities .4 ibiicled i anse-t, le theore iiy adap ' . . - .1 crUl 'alions I: re COI.CU: ve suppt. :In he ,t cows , d tLI f itMll of sf...tut . ors • 11 tie I, at had ' , crier, , ?se old il ,, t I ould be 11 det i. urge of • was :IC, 'astratiol - ice in 1 I , 11 pt r ov .fences re foun practic 'sere ; . rt, wht roust ..1 epared irm retie,' , ;te.l w if 61111 C lis was ps cr L: clin g ; I hinssLi , lild 1.10, 0 , ti cpii 'al h e . e . i l • 4te the had I cat TT • the ti: en, as sid , :r tlcere i ghts 0 suc p i .or m. , en- h , -Toot; ta w , : c 'rra is ara ' 7 iiln _ - 111. .i.51 ,Herr ti p r, .I;Cd tl 'Di Si. iir,ui l t true ,:v till t suet on, ' , itio n sie ; .,, i 44 r. . . sdciety fee ,Priatioting constitutional information, in whose views they tould not concur.j. These were the prinetples which he then, and now, entertained. The extracts he had read would shew what were the opi nions of those with whom he and . his friends then tenouncid all intercourse or connection. Such opi nions he still condemned ; and now, as then, should renounce all connection or intercourse with those who entertained them. He would not be so uncharitable as to impute criminal motives to all those who held such opinions. Many of.therh, he was ready to admit, were actuated by no improper or unworthy motive, however they might havebeen imposed upon or misled; some, however, he could not altogether acquit. The . path they were treading was dangerous in the extreme, and called for the most vigilant attention,to prevent any injurious consequences. Whenever the people should take up the question of reform temperately and affec tionately—for he doubted much, whether there was at ' present any verygetteral disposition to that measure pre valent—there would be some prospect of accomplish ing it in a manner consistent with the security of the constitution. But until that should be the case, the examples of the other nations of Europe should deter them from any precipitate attempt to carry into effect a measure on which the best interests of the country so essentially depended. For his own part, whenever he should give his support to such a measure, it should be upon the principles he had already laid down, and wereapproved by all thegreatmen to whom he had referred, and not upon the views or principles of those with whom he uniformly renounced all con nection. He could not have avoided stating so much upon this most important subject, because nothing, in his view of the case, could tend so effectually to frustrate the wishes of these,who were friendly to temperate and practical reform, as the attempt to force a reform by the clamours of the people.— If ever the Government shbuld take up the mea sure, there would then indeed be a prospect of its being accomplished without any risk of inconyeni. ence ; and the more his Majesty's Ministers reflect ed upon the subject, the more they would be con vinced it was a measure indispensably necessary to restore the decayed energies of the nation, to revive the lost confidence of the public, and to promote the best interests of the empire. In proportion, therefore, as this question was agitated by the public, he was desirous that his principles should be known, because they appeared to him the only principles upon which reform could be effected, without endangering the se curity of the constitution. But he was still more anxious that these principles should never be lost sight of, in reference to a question which affected the privi leges of that House and of the other House of Parlia ment now also attacked. He was not disposed to do any thing so improper as to enter into the considera. tion of a case then submitted for decision in another place; and more particularly, as it might eventually be brought before their Lordships. An he wished to do, therefore, was to state some general princples upon the subject, in order to correct those pernicious errors which were entertained, and studiously circulated, re specting the privilege, of Parliament. These privi leges dtpethied upon their acknowledged public utility and the inclispt• sable necessity of their existence.— If they were e c founded upon these principles, they ought not to be mai , itained, and the exercise of them would be unjust. These privileges, therefore, he con tended, rested upon their known utility, and the neces sity of their existence ; and were conformable to the principles which pervaded every branch of the Go vernment. They were evidently supported upon the same grounds as the Common Law of the land. The privileges of Parliament were given for the pur pose of enabling the two branches of the Legislature to perform their respective functions.. So far as they wt re necessary to that end, they must possess them, but uo farther ; and all such privileges must be inherent in Par- I liament, whether sanctioned by a written or any other law or not. It was necessary that Parliament should have the power to protect itself from obstructions— to protect its legitimate authority from being slighted or questioned, to protect the freedom of its delibe rations, a privilege which was more immediately con- nected with the rights and interests of the people.— Whatever power or privileges were requisite for all these purposes, Parliament must possess ex nrceultaie rei ; and if even such power should be carried to the extent of imptisonment of offenders, it should always be remembered that it was exercised solely for the general protection of the liberty of the subject.— Agaiust what was it that the privileges of Path:merit were intended to be a guard ? Was it against the influence ef the Crown ? Most certainly. But was there nothing else to be gitirded against ? Were not the calumnies and slanaers vented against the legis lature— was not the civiwn ardur prava jubentium to be also guarded against, as well :is the influence of the Clown ? This, then, he contended, was the true doc trine rt.specting the privileges of Parliament ; and these were the objects for which their Lordships were called upon to assert them. The powers of Parliament mast be co-mensurate with the case, and exercised internally and separately by either House, without recurring to any other branch of the Legislature. These were the doctrines of our ancestors ;—these were the doctrines uniformly held out since the Revolution ;—these were 6he doctrines which ie had at all times maintained, and would "ever adhere to. It would, he be lieved, be readily admitted, that the Revolution had saved this. country from arbitrary power. Who ever should reflect upon the history of that revolution would be convinced, thitt if Parliament had not then exercised those powers which had of late been ques tinned, they would not be now debating us a House of Parliament. But even in the present times, when ' it had become the fashion to vilify and defame public men, these doctrines had been sanctioned by great au thorities. The late Mr. Fox, whom no person could suspect of not having been a strenuous asserter of the rights of the people, had often contended in support of the privileges of Parliament. His opinions upon the subject had never been controverted by his great poli tical rival ( Mr. Pitt.) Mr. Burke, too, and other eminent men of the day. had maintained the same principles ; and when so many persons, who dif fered on so many other subjects, agreed upon this, it did not require any great exertion of charity to con chide that they had not 41 conspired againstehe libel-. • ties of the people, and in support of the privileges of Parliament which were not legal and constitutional. It was an old and a sound observation that even laws, , not pet in force, if no inconvenience resulted from their existence, ought not to be repealed without proper de- liberation ; and die moment of their repeal often Ortiz , *ed• the wisdom of theit enactment. The same ob servation would apply td the pried? of Parliament, which hating been supp o rted by al the great men of modern times, and 'uniformly Maintained since the revolution, ought not to be new ptecipitately repealed. But it was not upon the ground of authority that he should rest the defence of these priVileges- , --they were essentially necessary fir the performance of the in ic tions of Parliament, and ought therefore to belong to it. He was aware of the popular argumeefs which were generally employed against these privileges, viz. that Parliament was Judge in its own cause ; that it punished the offender A ithout trial ; and that for tlee injury thus inflicted, there was no redress: All this he was well acquainted with; but such a power was nothing more than necessarily belonged to every branch of the legislature, occasionally exercising a . supreme power. It was not fair to argue against the privilege from the abuse of it. If Parliament was to be stripped of this privilege, could they on the same principle leave to the other House the cern mand of the public purse ; or to the Crown the command and controul of the fleet and arms- ? Na 7, what would become even (,f juries and their fttnc tions ? Yet they found Sir Francil Bur,lett repre senting himself as a martyr in the go id old cause for which Hampden bled, and Riivell and Sydney died. But these illustrious martyrs to freedom had not suf fered in consequence of any contest against the privi leges of Parliament, or by an exercise ef the tyran nical power of a House of Commons ; bat because they had not the advantage of a fair trial by jey, in consequence of the wicked interference of the most detestable Government that ever existed. Though these eminent patriots had suffered by an abuse of the trial by jury, that would not be a good argument against the advantages of a trill by jury in all cases. He begged, therefore, to call the attention of their Lordships to this question, as most important to the security of the liberties of the subject. But it might I be asked, whether they should give to the House of 1 Lords, and the other House, powers which were not given to the King? This argument, however, would not stand the test of examination. Thefunctionsofthe King were those of grace, cf favour, and mercy ; and for the performance of such functions no such powers were necessary ; because they seldom, in their exercise, came in conflict with the passions or the prejudices of the public. Besides, the King had other efficient securities and did not, therefore, want such po avers. Another good reason why such powers had not been annexed to the Crown was; that the King was an in dividual; and it might not be wise to give such powers to an individual who had also the command of the army, and the whole influence of the Govern ment. Parliament, on the contrary, originated all the revenue laws, and various statutes imposing re strictions or burthens upon the public, which would be likely to excite discontent amongst the people; and consequently Parliament required privileges for I its protection. He had before referred to the revo lution, and should ask their Lordships, whether they forgot the violent mobs which had been excited in support of the doctrine of non-resistance—whether they could put out of 'their consideration the mobs and the hypocritical try, which for the worst of purposes, had been, at later peril :Is, raised under the sanction of the Government ? The privileges Of Par liament, therefore, were founded upon the absolute necessity of the case, and w:th a view to the mainte nance of that freedom of discussion, which was so intimately and essentially connected with the rights and liberties of the nation. If this were so, then, he would ask, what was the danger that this power would be abused ? And this suggested another ques tion, whether Parliament had the power to abuse ? 1 The power had, unquestio :ably, been exercised in the best times of the Constitution, though he would ad-' mit that there may have been cases lately in which it had been exercised, when it would have been much better for Parliament to have forborne. He should deny, however, that the power had ever been abused to the oppression of the nation : and it was due in justice to all Governments_which had the administra tion of public affairs, however he might have differed with some of them, on important questions of national concern, that they had allowed as great a latitude of discussion as was consistent with the interests of the Government, and the freedom of the country. Could this lenient and forbearant practice have arisen from accident, or was it owing to particular individuals,or to particular periods ? Or was it not, on the contrary, the result of a general principle, which was acted upon by all Governments, and which was not liable to de generate into abuse ? But at all events, the Parlia ment was secured against this abuse, by the very na ture of its institution. It was not easy to induce a number of persons to agree to an act of oppression ; and particularly as their own Members were equally sub j 'ect to the power, and consequently had a direct interest in not oppressing the people. -But even sup pos'itg the Mere:els of the House of Commons con spired together for the abuse of their power, would not the other branches of the legislature afford secu rities against the continuance of the evil ? Their Lord ships \%oUld have jurisdiction judicially upon any such question if brought before them, and the Crown could interfere by the power of dissolution. The only danger of abuse, therefore, would be confined to a con spiracy between the three branches of the legislature, each of which had a concurrent but separate security against any unjust or oppressive use of the power of the ether branches. But such a conspiracy was too monstrous to be contemplated as possible, and would amount to a dissolution of the compact between the Government and the People. He had thus stated his sentiments at more length than per haps he should have done, though there yet remained various other coesiderations which might be urged upon this important question. He had felt it neces s try, however, to state thus much, in order, it pos sible, to bring back those who appeared to entertain erroneous opinions upon the subject, to a temperate consideration of its nature, and a sense of the conse quences that might follow from the accomplishment of their own views. He was fully sensible of the Danger he incurred of misrepresentation, and foresaw the obloquy to which he should consequently be ex posed. It would have been easy for hint to have taken the popular side of 'the question, and courted tt , t ap plause of the people at the expellee of sincerity and principle. But such a course was little suited to his habits, and still less coulistent with the feelings and principles by which his public conduct had al. ways been governed.—He was sensible of the effect of tlioid arts, Wlfich reefuired eettber talents nor Virtues to practice ; but, on the contrary, succeeded' best hi the absence of both, in Vilifying and caluthni• r ating the„ehatacters of public M2ll. He beheld with indignation and disgust the mean artifices of tbosi who, rent un:ing all the obligations of faith and he: nciur, and breaking through all the bonds and env.. ments that hold the various classes cif society cvn r nection, had the baseness to traduce and defame the conduct and characters of those who may not be di`. posed to accoMpa. , y them in all their Fri:fleets. Such arts he held in sovoreigit contempt, and should never descend to employ them even to acquire the ap. probation of the p:ople. —lt was not- without feelings of regret and mortification rhat he found himself d.:prived of such approbation by the basest Misrepresent it;on and the f ou l es t ca l umn i es . B at k this he must submit to with patience, as it was a defect inhere: a in all free Governments. Every ! thing proved that. popularityblind as for. tune. If it :Wald fo p llow Vs humble efforts, he receive it as .• grateful proof of his havilz faithlylly diseharp,.,:t his duty i but if he s h ou ld ' be redti,i-ki to an alternative between popularity j' freedom of conduct and action, he should nev e r hesitate a moment MI it dezision to m lice. N ot hi ng I should ever induce him to submit tO th At basest descrip. tion of setvitiide, that vilest degree of slivery, : ►be content to flayer the worst prejudices of the people. The most dam. :tons consequences were to, be app r e-• bonded, if the f eelings of the people w: re :o be genera i ag..i Ist the privileges of Parliament ; bec a u s e if t h e y should once succeed i n overthrowing these privilegrai they would destroy the fiunest security for the liberties of the nation. The Noble Earl then briefly recapitulated the various subjects to which he bad felt it his duty to call the attention of their Lordships— the establishment of some stable system of finance— the conciliation of neutral Powers--the adoption of measures for re-establishing a free currency—a speedy endeavour to allay the discontents of the people, par ticAnly in Ireland—economical reforms, as far a 4 may be consistent with the public service—iand, lastly, a temperate, and cautious, but sincere measure of re i form. These were the principles, which, if attended to, would enable the country to meet the dangers and difficulties with which it was surrounded. The Noble Earl then concluded a very able and eloquent speech by moving : That an A4.l:ress be presmted to beg Majesty, earnestly to en• treat his Majesty's attention to the advice, which, impressed with a deep sense of the increasing dalgers of the country, his Ms. jesty's faithful subjects, the Lords Spiritual and Temporal in Par. liament assembled, bare let It to be their indisper.sible duty, humbly to submit to his Majesty's Roy.:lconsidera To state to his Majesty, that we cannot doubt his Majesty's readiness to embrace the fit st opportunity of concluding a paw on just and reasonable terms ; but, that lookiog to the nature of Vie COQICSt in seltit.h we are etsgaged, to the power of France, now unhappily established over M. greater part of Europe, a:.d to the spirit and character of the Govtruraeut of that ct•un:ry ; wave convinced that this event, so ax liously desired by his rvlajesty and his loyal people, will be best pentauted by proving to the world that, while his Majesty is actuated by the most jt.st and moderate views, we possess the Instr.n, of permanently supporting the honour and independence of our country against every specks of attack by which the enemy may hope to assail as i. That far this purpose, it Is indispensably necessary that his M ad jesty's Government sho uld henceforth adopt a wise and systematic policy, regulated not only by a just estimate of our present diffi culties, but by a prudent foresight of'the probable talgeucies of a pr.Anacted warfare; that we have deeply to lament that the conduct of his Majesty's Minisrerohas been, in this respect, di-. rectly the reverse of what the interests and the safety of his Ma• jesty's dentitions required; tha' they have blindly involved them selves in schemes of continental ape:ado:As uhen they amid:oot to no power capable of affording them an adequate support; and rasWy t ngaged in expeditions so deft ctive in their plan, so imps. litic in their objects, and so ill-combined as to the time at which they were itudertaken, that they could terminate only in an us. profitable waste of the resources and the blood of 1111 Majesty's fAithful subjects. That whilst the war has been thus unfortunately conducted, and our future means of di fence thereby materially impaired, the conduce of hi. Majesty's Government, with respect to neutral powers, has tendA to alienate tlouse wham it was most our ur terest to conciliate, and unite wit.t us In opposition to the nick. sures of France. '1 hat ter the professed purpose of counteracting those mea sures, a system has been adopted, under which no independent power could be expected to acqeitsce ; and new and visionary projects in legislation have been resorted to, which have br ght almost every branch of our trade to depend on the penni , stort, and to be exercised under the controul, of the executive Govern. mere; whilst a considerable pouion of that trade has heel trans ferred to a foreign navigation, thereby improvidently su e prying the enemy with a new resource for ths improvement of hi, navy. That in what more immediately concerns our domestic policy, we have equally to cop•plain of the total want of wisdom and of foresight in the Councils of his Majesty. That instead of any well-considered and permanent system of Finance adapted to the exigencies of a protracted warfare, thee:. pensive and improvident operations of the last three ye ire have been supplied by temporary financial expedients, of the. neon ruinous description. .1 hat out paper circulation, from which the restriction imposed on the Bank had removed the only adequate and elle t:tual limitation, has bt en extended to a degree highly d:.o. gerous to the pecuniary interests of the country. That no attempt has been made by wise and equitable arrangements to allay tbq discontents arising front religious differences amongst his Majes ty's faithful subjects, more particularly in Ireland ; and that tine der the unexampled pressure of taxation, necessarily burdensome in its amount, and severe in cellection, no measure has been taken to remove the causes of jun complaiut, either by introducin g e n effective cecenomy into the great branches of the public service, or by the due consideration ,f such timely reforms as may, in any instance, be found 'Aniline for recoring to our Government that practical excellence which the gradual corruptions of time may have obscured or diminished. That we should ill disc:large our duty to hie Majesty and to the Public, if we were to disguise from him our well-founded appre. liensions, that owing to these and other caue-s, discontent and dis• trust are begiening to diffuse. themselves amongst his Majesty's faithful People. 1 hat we intreat his Majesty not to listen to those who would persuade him that such discontent and distrust, in whatever de gree they may exist, are solely to be attributed to the evil arts of men hostile to the interests of their country, and seeking to excite the people to an invasion of those Institutions on which their fro. dons and happiness essentially depend. That we are firmly con vinced such designs have as yet found no favour in the hearts of hie Majesty's loyal subjects; and that nothing can afford to those who entertain them, any hope of success, but tha• impolitic and Mien. sive inattention to the re al sufferings and j ist complaints of the People, that determined resistance of every proposed curr,enion of abases, which in our own times we have seen yrs:flier such fatal effects in other countries. " That we humbly pray, that his Majesty will be pleasi.d to talcs this, our dutiful representation,into his immediate and most • b ionaideration That he will see the necessity of adopting such measures di iroy deprive the ei...my of all hopes of since.% front a failure of our nation ii resources: That he will, thertfete, actively coi4.ur with his Parliatu;nt, in giving .41. ct to acououti cal and syatematic arrangements, for the conduct of the war lu prodding !or a recurre,:ce to the true principles of a free Cym. nierce and cirmlation, both at holm: and abroad ; is end:ne w s.. Ly a weir feral p..slicy; to unite in the bonds ',la com mon interest an chaos of his big •sty's subjec , s, o', whatever aef‘ioos fisrsuasion and, hotly that he will be grad Au • pleased to countenance the reatpt nue cons.dastmoo, 41 „eliberate adop tion of 1 0 1..1h thuely refs:Mations, huh ceconom' A4 an d po im ag l a las may satisfy his 1 _uya_ 1 people t t oat the saastie " required of tbsas• 'are strictly limited, and fothfutly applied the real interests and safety tithe Public ; and that, both for preventing the growth of auy dangerous abuses, and lot cut the misessodusn of