Star. — London, England, 1817-06-27 00:00:00

A ..:..e.izance, to appeat to Veceive inclgenene • if 0 ., Hid he ernvicted on the new trial. sir TRA NCH; BURDETT said this tondnet on of the Attorney-General was very handsome, ~r o silt, V....i01er he thought should accept the offer. Tt o m• tem was agreed to. • l'r "MON OF THE HABEAS CORVI:3 ACT. :,1 CASTLEREAGH moved the Order of the •i o t r a Committee on this Bill. • Ole rintiim that the Speaker do leave th.: Chair, • .. WOK NEY said, that lie had voted for the 13,11, b e cause he thooght that it was necessary vest the Government with the power of detain . ...lie pus iaa in custody, item whose machine ., h t te was reason lo apprehend danger to the ; but in so voting, lie never meant that any t hreild be consigned to solitary confinement, !se tinder-tood was the case with regard to v ho were imprisoned under this Act. He was *Ltd the more adverse to this system of Altai} , ~tfinement, because he had the assurance of a gen ..msn so confined, some years since, in France, that • confinement had a great tendency to affect the But from an attentive review of the Reports a l tie Committees of both Houses, he could not feel utistiol in supporting the proposition of the Noble LerJ. The people were, no doubt, from the pres soe of di.tress, still very discontented; but the power influence of the local Magistraerfemmished the brit eld against the operation of that discontent. Li. Bill, however, ptoposed to take away sill efficient Nor arom the local Magistracy and cam:entre it in I!: Gc,vernment. What then was the tendency of i•:ch a measure When the people saw the Govern roe confining all power to itself, and connected :ill such men as Castle and Oliver, while it ap p .toted such a person as Reynolds upon a Grand .ry, to find a bill against those whom it thought ::epee to accuse, it was natural to apprehend that t.e popular discontent would be considerably aggra- Tat .d by such unjustifiable proceedings. Sir JOHN NEWPO RT thought, that however in aisposed the House might fed, in common with him suit, to impose any undue restriction upon the prero ptive of the Crown with respect to the prorogation, the convention, or the dissolution of Parliament, still i would be conceived necessary to provide that the iteration of a Measure suspending the liberties of the neople, should not depend upon the discretion of the Crown, or its Ministers. Admitting even the neces esty of this measure at present, it was not to be dis puted that it ought not to continue for one moment beyond the existence of that necessity, and therefore be proposed to limit its duration to a particular pew nod. It. however, it became necessary afterwards, it would be competent to the Crown to assemble Par liament, in order to consider the propriety of the fur err continuance of such a measure, and from what pissed previous to the meeting of the present Parlia ment, it was obvious the House could not rely upon the proper exercise of Ministerial discretion on this 'object. For, although the danger was alledged by Ministers themselves to be so imminent as to endan sor the security of the Cmistitution, and to disturb oe peace of the country,/ they never thought of ton ...mg the *visit= of Parliament until an unusually chanced peiiod of the year. He would not, there 're, trust cc the discretion of mach man as to the du -lion of a Bill which suspended the constitutional i:erties ot the people, and tt would depend entirely ,p,:n that discreti o n if its duration should be limited only to six weeks after the commencement or the neat Session of l'arliament—(Hear, Hear, !wary— It should be recollected that the Habeas Corpus Act was originally enacted as a protection for the liber ties of the People against the power of the Crown or its Ministers ; .and therefore it was obviously incum bent upon the House to provide that the continuance of the suspension of such an Act should not depend e?on thrice/ of the Crown. 'From the year 1794 to laul, the continuance of the suspension of this Act was fixed by Parliament for some definite day. lii for the first time, the duration of. the aspen von was limited to six weeks after the meeting of the next Session of Parliament. But would the House way imitate that example, and thus allow the dune him of such an extraordinary law to depend upon the will and-pleasure of the Crown, for with that will and pleasure it remained to decide when Parliament should meet: besides, a rumour had gone abroad. upon the authority of one of the Ministers of 0: 4 Crown, that it was hi contemplation to dissolve Par liament after the present Session; and if so, an ex tended recess was naturally to be expected. This, then, furnished an additional reason for the Motion which he was about to submit. The prospect too of %favourable hardest, to the failure of which last year the Committees of" both Houses had attributed so mach of that disturbance of public tranquillity, which originally called for this measure, justified the limitation which he meant to propose tb ,the House. —But if, unfortunately loathe country, any causes should arise tot the further continuance of this men are, Parliament might be convened to consider the *abject, and to decide what was proper to be done. After the harvest began, and the people should be employed, he, for himself, thought that the reasons assigned fee this measure would cease; and among those who were the most strenuous advocates for the measure, he never found a difference of opinion upon this point, namely, that such a measure should ter minate as soon as possible. Upon those grounds he Propesed, that it be an instruction to the Committee Vi fit the duration of this Act for the first of Decem ber ne.a. Some Gentlemen who pleaded for this znee:ure had, he observed, complimented the Consti lotion fur the flexibility of its character ; and be was 'Asp to find that Ministers had found it very easy . to lend it to their peeps, occasionally. But he should other see that Codinstution more firm and unbending •-tor fravas sums *etas would, in his opinion, be a 4 .':,re ;appropriate characteristic of that noble system. he motion bating read, Lord CASTLEREAGH • o and said, that the Honourable Baronet had very orly stated bis view of the subject, but that accord , o to the regular order of Parliamentary proceeding, the motion was altogether unnecessary, because it aat competent to the Committee, without the pro posed instruction, to fix the duration of the Bill at any period it thought proper. Such an instruction seas indeed called for, only where it was deemed Proper to introduce in the Committee some matter :let strictly relevant. But waving the point of form, he must object to the motion upon principles-for if eie note of the country should be such at the period !rated to the motion, as to fequirc the [unlit; wail hhonce or the Art. Le did not know that to calf Noblemen and Gentlemen to attend Pirliamenh front the several distrirzs in which their local in thieoce and personal aut!lority might be so usefully exercised u) restore tranquillity, would not be a greater than the cessation of the Act itselt —( Hear).— As to the rumour of an intended dissolution at the dux Of the Session, to which the Right H•inonrable Baronet had alluded, he could not think it probable that any of his Majesty's Ministers would have made such a declaration as the Right Honourable Baronet had stated, for such a declaration would imply an intenerence with the prerogative of the Crown. But this had nothing to do with the question before the It would be obviously inconvenient to as semble Parliament before Christmas, and especially so for the It ish Members ; and yet such a proceeding might be necessary if the motion of the Right Hon. Baronet were adopted. The provision of the sup plies, and the re-enactment of the Mutiny Bill, would of course render it necessary for Path:meat In re assemble at such time as to render the Right Hon. Baronet's apprehensions groundless, With regard to the indefinite duration of the B:11. But yet he (Lord Castlereagh) proposed to fix in the Committee 4 cle• finite period for the duration of the Bill, not so early, however, as the Right Hon. Baronet desired. Sir J. NEWPORT stated, that the Minister, who was generally regarded as the first in the Admini stration, had declared, that it was intended to dissolve Parliament at the close of the present Session, and that this declaration was made to more than vise Noble Lord. Lord CASTLEREAGH said that he could not answer for the declaration of any other Minister than himself ; but he could say, that he was not aware of auy such declaration as the Right Honourable Bar% net had stated. Mr.'C. W. WYNN supported the motion,conceiv ing it probable that the cause of disaffection and po pular disturbance would cease by the Ist of Decem ber, and denying, that if the fat 'her continuance of the measure became necessary, it would be either in convenient or unusual to assetnble Parliament before Christmas. Mr. BATHURST vindicated the objection urged by Lord Castlereagh. Sir W. BURROUGHS observed, that the oppo. sition of the Noble Lord, and the Right Hon. Gen tleman to the motion of his Right Hon. Friend was of a most extraordinary nature. They resisted the motion on the ground that it would be desirable that those Members who resided in the disaffected dis. tricts should remain in the country as long as possi ble. Now, the country would either continue in a' disturbed state or not. If the machinations of the dis affectedceased, then there would be no occasion for the Bill beyond the time proposed—if they did not cease, ' what stronger ground could there be for calling Par tiament together. With 'regard to the Bill it placed the country in a worse state than it would have been had the Habeas Corpus A,Ct never been enacted. For previously to the passing of that law, every man had a right to expect that he should be bailed, if there were any unnecessary delay in the prosecution. If' the Bill s hould go into a Committee, it was his inten tion to propose two amendments; one, to prevent eappersoa fires rin g taken up by the warrant of single Secretary of State. They had seen enough. from what passed in that House, to justify theirjea lousy of any Secretary of State; but with respect to' the tioble Lord at the head of the Home Depart meat, he could nottelp thinking that that jealousy ought to be felt in a still stronger degree. His amendment, therefore, would enact, that the warrant should be signed by six Privy Counsellors, two of whom should be the Lord High Chancellor, and ooe of the Secretaries of State. His other amendment s l would be founded upon the preoedent of the suspen-' sion of the Habeas Corpus during the American war, when its operation was confined to treasons commit ted in America. In like manner he should propose that the present law should be limited to the dis. turbed districts, namely, the counties of Lancashire, Derbyshire, Nottinghamshire, and Leicestershire, with a part of Yorkshire, and the towns of Binning. ham and Stockport. Sir JOHN NEWPORT replied, and • strongly condemned the unconstitutional arguments by whi t his motion had been met. In the better times of the' country, the existence of treasonable and seditious practices would have been thought a sufficient reason to maim it the imperative duty of a Minister to cal 'I Parliament together at the earliest possible period.— Instead of looking to the advice and counsel of PAe liatnent under such alarming circumstances, the doc trine now was, that every thing was to be left to the Executive. He maintained, however, that such a principle was highly unconstitutional. The motion was then negatived without a division. After a few observations from Lord Atationr and Mr. W. Salm, the House resolved itself into the Committee on the Hibeas Corpus Suspension. Sir W. BURROUGHS moved the two Amend ments mentioned above, both of which were negativ ed without a division. knet Sir JOHN NEWPORT moved his Amendment, to limit the duration of the measure to the first of December next. Mr.WYNN wished to know from the Noble Lord (Castlereagh), whether it was his intention to fix any definite period ? Lord CASTLEREAGH had no objection, iss he wished not to give any pledge respecting the assem bling of Parliament without necessity, to have the period of duration fixed to the Ist of Much next. Mr. GURNEY wished to be inform-d whether the persons now imprisoned under the Suspension, were to remain in solitary confinement for nine months more ? Lord C AS TLE REAGH assured the Honourable Gentleman, that every reasonable indulgence would be extended ; but though an unlimited' access was not allowed, their relatives or friends, either on busi ness or otherwise, were not now denied admission. General GASCOIGNE. though a friend to the measure from the conviction of its necessity, still eon , sidered that the lst of December, when there were hopes of the distresses of the people being mitigated by a favourable harvest, the best time to 6z tbe (tura don of the Bill. He should therefore vote for the .Amendnient of the Hon. Baronet (Sir J. Newport). The Committee then divided.—For the Amend , nsent of Sir JOIAII Ntwport—Aye; 45 ; Noes, 78. Itsjority. 33. On our re•Adsnission, we found the Honourable Mr. bat*. is objecting to the eitention of the Sus pens;on to &Inland. Lehi FOLKESTONE observed, that as doubts existed in the ositils of very learned and able Gentle men, respecting the operatioo of the M:asure, he, who was no lawyer, wished to know whether it was intended to extend it to Scotland; in the opinion of his Majesty's Ministers After a pause for some min Otes—: Sit SAMUEL ROMILLY declared it a most ex traordinary proceeding, that, on so serious a measure, his Majesty's Ministers refused to give an answer to the question of his Noble Friffid. Lord CASTLEREAGH did not ttink Ministers bound to discuss the legal question, whether the late could be executed or not in Scotlard ? From the frame of the Bill, it was plain that it was meant to ex• end to Scotland. Mr. PONSONBY reviewed the reasons which in duced his Majesty's Ministers to ground the renewal of the Suspension of the Habeas Corpus on a Parlia mentary proceeding, by the appointment of a Com mittee of Secrecy. WAS their Report to be consi dered a mockery and mere form ? Was it intended AS an expedient, to hold out to the country the ap pearance of a deliberative inquiry into the actual state of the public disorders ? Or was it meant fairly to obtain a true and candid statement for the consi deration of Parliament ? If the latter was its object, then he mutt aye without fear of contradiction, that there was not a syllable of evidence on which to im peach the loyalty and tressieillity of Scotland—. llear.)—And yet the Noble - Lord new called upon the House to suspend the liberties of the Scottish na tion, without fault and without crime —(Hear, hear). lie must say, that if the Noble Lard (Castlereagh) succeeds in his object ? it will be one of the most vio lent measures se which an acquiescing Parliament ever gave its assent. What avails good conduct, freedom from crime, unimpeached loyalty, patient resignation under aggravated dimes% it the return which the Government shall bestow is a violation of the dearest and most valuable rights of the subject, and an equal punishment with the most disordered districts of the country—(Hear, hear)?—He hoped the House would pause before it passed that most violent measure. _ _ _ Mr. BATHURST said it would render the inea• sure altogether illusory, if any privileged place was left, to which the authors of these hostile machina tions might retire. He perfectly concurred in the Opinion, that there was no evidence art any disaffec tion existing infacotland. Sir R. FERGUSSON rose as a Scotsman to pro test against this injustice of extending the measure to his country. He defied the Noble Lord to instance 'even a solitary case of disaffection. With respect to the apprehension that the Right Honourable Mem bee (Mr. Bathurst) expressed as to emigration, he believed there was little fear of the Londoners select. ing Scotland—(New', hear): - Lord GEORGE CAVENDISH traced the recent disorders in Dahl/shire to the spirit of Luddism.— To meet these disorders the present measure was not necessary, as the jurisdiction of the Magistrates was full; competent. In consequence of the measures of his Majesty's Government, the' people who before in public Meetings, assembled secretly in barns and Methodist chapels, where they hatched their plans of outrage. The district where the disorder principally prevailed in Derbyshire did not extend more than ten miles north and south, and five east ani4 west—(Near. hear).—lt was not alone the work of the inhabitants of this district, they had had a little assistance from another quarter—Mr. Oliver had been with them—(Grief of Hear, hear). —Or, as be could not say positively it was that identical person, at all events a person of his name, and probably pros Cession, was active in instigating the discontent. lie thought the Magistrates had plenty of power without any such infamous assistance. Mr. BATHURST egplained, and said no com plaint had come from Scotland against the loyalty of the people there. Lord FOLKESTONE condemned the system which Ministers had adopted of including Scotland when there was no _ground against it, because no single person had been taken up under the Act. Ile reprobated the system of espionage. Strangers were then ordered to withdraw and while excluded from the Gallery, Sir W. BUKROWIIIS condemned the proposed measure. If it was to be carried by clamour, then the fate of the country wa s decided. _ _ _ Mr. BROUGHAM reprobated the measure; as did also Mr. PONSONBY ; while Mr. CANNING made a few observations in its support. A warm discussion took place between Mr. BROIT.IIA2I, Mr. CANNING, and Mr. PONSONBT, when, alter much con fusion iu the House, a division took place— Far eausilisa; it to scotbm, 129—Against It, 48. Lord CASTLLIMAGEI—" sir, atter what has occurred, I think it proper to say, that I shall, to. morrow, move the third reading of this Bah Sir SAMUEL ROMILLY brought up a Bill re. specting Vexatious. arrests, which was read a first time, and ordered to be read a second time to-morrow. Mr. BROUGHAM postponed tin next Session hi: moduli fur a repeal of the liepasoial Act. The House having disposed of the other Orders of the Day, adjourned at Twelve o'Clock. THE EVENING STAR. LONDON. FRIDAY, JUNE 27, 1817. PRICE OF STOCKS THIS DAY A I' Twv.vE ercLocic Roluatel 'NU—Consols slint-.-Cossols for Opg. 761 4 per Cent. 9441--Navy, slinst--Bank Long Ana. indla Bonds 9Spre...-Esek. &lb 74. Its. pr. We learn, bf<dte Flanders Mail of this morning, ,that Prussia hoe prohibited the passage of Emigrants for America through the Prussian provinces, unless, they carry with them passports signed by the Prus• sian Legation ?eliding in the States they have quit ted—such pusports to be given to none who have not the funds necessary for their journey. The KnIG of WIRTEMBURG has ordered an ir.ven tory to be taken of lid the grain, meal, and Hour, in towns, villages, hamlets, and farms in the Kingdom. A Marimdm price has been established. Several larws have been burnt in tbc wt au lime, it it, believed, by incendiaries and t,thct • have been giTatly alainied by thieateising Tbere is now, bootee*, every appearance of an earl? Ind abundant harvest 1 and torn has ihttady fallen contiderJbly in the diferent ntstkett in the Media. ialitii. The Par% Papers of Tuesday . art ir7ed this rinrnire. The Funs heginniop to recover from the r!-.- press:9n th-y bad experienced. O. Monday gat up from 6:: fr. .19 c. to CI fr. 2.5 r. The c4u .e of their &cline i; new said to have been rot so much the apprelteusion of a netv call by Gnvernment cn the tmney market, as trn alarm nccasinred by e , e recent disturbances at Lyons and other parts of t':e cortntry. - Thc sst;sfactory assurances, however,wh;c l t ace now given of perfect trangeiny feint' es•-!r!, where restored, have revived the tonfaleoce of th:! monied interests, and it is not doubted will in a trr , v days bring the Cowie of Etch ange to its former ler is By Charlestown Papers to the 27th *e informed that the yellow fever Las 13zely rage! wrh great virulence at the Havannah, are. has oi a great number of Americans and Europ..ant.. A number of American and British se.trn...n a. now in prison at Havannah, taken on board C.irtha• genial, privateers. About the first of May, one of the Cnnsulado fleet (formerly the Chasseur brig) sunk a small vessel of the Patriots, the whole crew being killed or drowned, except eighteen men.. These were carried to Havannah and thrown into prison, where l it was suppled they would perish from want. Captain Gone, of the British Government brig Saracen, had applied to the Spanish Auth , litics for the release of certain Bri.ish subjects confined in prison, but could not obtain their liberation. A vessel from the Brazils, arrived at B il;imore, reports the coast of Brazil to be in a state of revolu tion, and that no doubts were entertained that an Independent Government would be established, to the total exclusion of the Pottuguese authority.— The date of the sailing of this vessel f rom the Brazils is not stated ; hut she had short ptssage. SINCLAUt takes the beautiful Scots Pastoral of the Gentle Shepherd, this evening, for his benefit, at Covent Garden Theatre; and we sincerely wish him a bum. ?er; for, inclependently of his transcendent merits As a public character, his conduct has always beet& that of a gentleman. Last night, at the Opera House, M. Tams and Madamoiselle Gatutors, accompanied by M. M mum and Madamoisi.lle FIVPRD, gave several seen-; from French Plays with grand effect. There Wes most brilliant arid numerous comp.inv, rionsklerirg that the Fashionable ‘Vorld had Been eilnagt.,l e whole day at a crowded Court, with :'.re tnerrnDinz. ter at 90. ENGLISH OPERA.—Last night the popular Opera of The Alectim was performed. The tuitions of KELLY. of BARTLEY, JonNsYnNe., and Mr. gave this Piece very considerable effect, •red it we-.t oil with its wonted success. At a q•rarter past ter. o'clock his Grace the Duke of War.morma entered the Theatre, dressed in a plain blue cod and star, without any suite. Mrs. WELLESLEY POLE and seve ral other Ladies of distinction were present to receive his Griner The moment he to' k his seat, he was recognized. The P.t rose np and gave three huzzas, and the 1k r: bowed in a most complacvnt manner. " Gnu save tile King" was immediately called f r from all parts of the House. The general acclama tions were, however, for A moment, interrupted, by the appearance of Mr. ilf•Na:tglwn, who has recently made so much noise at Bow.stieet. Ile said some thing of injustice done him by the Doke of WELLING TON, but he was speedily removed by the Officers attending at the Theatie. 'l'h:• National Anthem was then sung in good style.—After this Li!. :beer followed. an amusing !idle. Hi , . Guar': waited till the whole of the performances were over. and when he rose to depart, the Ituzzas of the I'it were re newed, and handkerchiefs were si , en waving in every quarter. The Dress Ciicle was gilled with well dressed Ladies, and the Pit and Lipper Circle of the Boxes were crowded. FALmourn„.luse2 L. —Arrived the I 'erodes, Kiva, from J.tcyuemel (St. D.,mingo) in 49 klays—the 2.)th inst. she spoke the brig B.lSall and Grace, bound to Gibraltar. Also arrived the Active lteve,we cutter, from a cruiz.. PORTSMOUTH. JUNK the Vitt oi i.i , CAR.. I.lst.R, from the Havannalt—she sailed the IG•h M a y ; left there the Albicore and RUSiI4 Company I iading, the former would be ready in ten days, the litter in 14.—the 10th inst. spoke the Wellington, Tiz•,mvsiN, from Liverpool for Kingston, all well. Dent, JUNE 'X.—Cone down from the River the Good Fr tends, for Rio Janeiro ; Agepot for Hien.; and Neptune, for Tenerifre. tioii..l the Diana, kn.. Africa ; Nimrod, for the tinniti ; Arg.), for Li verpool, and Bengal, and Mon:rt.:l, tor Qttel,:c.—.. Arrived and sailed tor the River the .itratiger, EL. siNGIIAU, from the %Vest 1 DOVER, JUN —S tiled last evening the Lord Duncan packet, CL.,•;tain PAstot:, for °amid, with mail and passengers. The fo:.: was Oitensely thick at Margate, on Si. turday hilt, gnat it wri; with great difficulty that the Regent packet, front L'inilon, could wake the bout, anti that on:y by the„darrn•bell uo the p;cr being rung for above an hour. GRAY ES CK a, Jo as V.—Arrived the Regent, landerin ' fior B a Li,. • V e nus bccvi 'l, want New Yurk • Eliza, lain. and MA:- qui. of ilvglebea. Bowen, from quad; Kingv.on, Young. Imat ttu,Suuth z•ras; 'Percival, lavingstw $ hum Grenada; awl Ne• . tor. Thacker, front Sena:. badeg tile racifie, Sin), tor n t anr_ ; Boa Fe, Da Silva, for 141bou; arid Wawmorelani, fur Ower.3. CORN EXCIIANGTt, MARIGLANE., JUNE 27. Gar Market continuit in the same dull quite as oit Monday and Wednesday, the F.ne weather hivio.: camed vie' a change in the minds of the bowl that no seiei can lie effected; the p• of all Grain are nominal, an] bovines.; &iir. ARNET, .111N;.' t• Bret Si 61 to -Is 4.; V..+l 1. ..1 M1:::On 3111 t 4 to •s IX Hitt i• 01 to s 01 Lartlb St. cid to O. Od Le..sts , f.:O zusl r 5,7•4 n o 'riAY AND Sl'sl Of &Tit t UAL). 0 so 1.. ael 414 Os 63 al I.S. f ~wY .1..' 1. .a.• s•. fi t