The National Register. — London, England, 1817-05-19 00:00:00

lbeir origin. Dr. B. has exccuttd his talk wit► great Skill and discrimination, atidlve hope that his fellow countrymen will reward his labours according to their merit. There are a few verbal differences from the English ►ucde of expression, which we believe arc the ar►ations of the American dialect, from that of the mother country ; and without adverting to 'the work having been compiled is America, any reader would be ready to call them inaccuracies of grammatical cor r., in t im ; but these are very few, and may be rendered palatable to au English reader by an attentive editor. Another wlrk has lately found its way to England from the fiesta) press, which we shall hope to notice en a future day. " The history of the Jews from the Destruction of the Temple to the 19 Century, by Marmot Ada►►►s, in 2 Vohs." IMPERIAL P.411.1.1.11EVT. HOUSE OF LORDS. MOND %V, MAY 12. A Petition was prolented from the Roinan Catholic. of Warwick and Stafford, on the subject of the Veto, by Lath Fiztwilliam.-0; dead to be Irid on the table. LORD SIOMOLLO'S I'IRCL LAR. Earl Gney rose to bring tOrward his motion on the Circular Letter of the Noble Viscount. The Noble Earl observed, that he should content himself with moving for the case upon which the Cirtular Letter was grounded. It was necessary to the understanding of the opinions of the Law Officers of the Crown ; hut as the present saotion might be the foundation of smite future proceedings, he would make some observations on the case. The Cit color Letter was addressed to the Lords Lieutenants, in order to instruct the Magistrates how to act, in eases %envie persiiiis so otleutling should be brought before them. That no application had been made to the Noble Vis count, he must contend. (The opinion was here read by the INioble Earl.) The power of a Secretary of State to Commit for treasonable practices liliel,is an acknowledged right,w Inch he could not dispute ; nor would lie question the same authority being ve:..ted in the Judges under the 48111 of the King ; but the power given by the Act in question applied only to the Judges of the Court of King's Bench. In that respect the opinion was incorrect, when it stated, that the power wa, given generally to Judges. Now as to the opinion of the Law Officers, they appeared to have grounded it upon the decision made by a Noble Autl Learned Lou.ol In the Cucuta' . Letter though the word" illaSpile1130115" was used, no such word was to be found in the opinion of the I. iw Oakes... Every sire des of minor offence, vested in the Magistrates the power of coinntitting or requiring Lail; and if the opini on of the Crown Officers be true, they were now justified in committing far libel. In the Common Law he had nut been able to find any sitelt Law as this—the Statute Law was silent nu the sub ject ; nor could be hod any •it..lt powers upon record ; on the contrary, all the authorities he had tout,d militated against it. In the commission of the Justices, no such power was re cognised. 'Fite first opinion he found was that of Lord Coke, who denied the power of the Magistrate to commit previous to indietinent for trespass, such a proceeding being contrary to Magna CleJlts ; nay, even in felony, he had no such power. Rut this authority was questioned by Lord Hole. HA in his Pleas of the Crown, is of opinion " that a warrant might be granted for treason, felony, or premunire, by a Ntagisti ate out of Quarter Sessions, and lie 'night commit for the like offences." But it was clear that this could out apply to Libel, or other misdemeanours The next authosity that of Cilia* Jtiviees Hale, who says, " that Justices may commit prisons charged with crimes cognisant within the jurisdiction of the Session•of the Peace."—" The opinion °fifty Lord Coke was too straightdared,"—says this Learned Judge. The opinion of Blackstone was not at yafiance with these, but that writer was subject to have his opinions contravened. The Noble Earl contended, that these ontliorities wcte in favour of the position he had assumed, namely, that Magistrates were rut vested with the powers of committing fur libel. 'file opinion of Chief Justice Holt was, that Justices derived their power in consequence of their being Conservators of the Peace. In two eases of commitment by the Secretary of State for libel, decision was made by the Judges of the Bench in favour of the person committed. So in the ease of Wilkes, where, in reference to that of the Seven Judges, my Lord Camden was of opinion " that Jiidge Foley, the only honest man of the font', was right in deciding i.gaiiist the power exercised by She Secretary of State." Lord Camden was of his opiition, and discharged Mm. Wilkes. He would ask the House whe ther they could produce any practice to sliew that Macis trotes had exercised such power, except in caselilotennspira cies, which were cognizable at Sessions. But Lord Mans field, in a case which e.11»4' before him, was of opinion that Justices of Sessions had the inrisdiction over crimes of this description, the Sallie as in cases of cheats; but then the power did not exist, in any other form Hiatt by the decision of two Magistrates. It was on a practice of this sort that the opinion of the LAW Officers rested. He wait pretusrert to con tend, that such power was not vested in this- Secretary of State, Without ina-aiiiug to Itllect OH the character of Magistrates, who were in geueral men of gond character, Country- G e n_ slomen, exercising their duties gratuitously, it was nut right to permit theta to exercise titmice! %%%%% -yrs which the opinions of the Crown Lawyers were calculated to support. Tne ins• mense powei granted was a new anti dangerous one to the Constil to iota. What was the effect of this power It enabled e -ery informer in the country to carry his tictito before any , Alogist I ate. who, from mnotivesof seWinterest, or to serve ail, political perpoNe, nieglit commit for libel , without at rmil ia : the avew,ed person an opportunity of gettuirt bail. He would here cite the opinion ot Lord Camden, denying the authority Of the Secretary of State to commit in eases of lids So iu the case of general warrants, the Judges. as was well know, coa:lsnmed the practice of issnitig them as being ill e . al. 'file Noble Earl Collilndoi, Ili it the law was only to lie foittid as laid dowd by the tout is of Law. In the vase, a nd Spence, A ll Slick authority was Vl.S , ed in tile I.teis. trates ; indeed, if it had been, it would be dangernits to the per: t ile AA the State. But there was another . conside r ation, an d lii 4 t was, the conduct of the Secretary of state, who had sent ;h e mush actions to the Lords Lieutenants tit tlic s••verat counties. Tile N pule Earl here allotted to the Magior„t„ who committail Mr. Wright, and stated that he had read the s,.r. mon for which that Ge:alernasi was charged—it did •hew the not dent (lie i.e.triortality of the soug lie ineuttolied rums to entrweing the Magistracy with such pow ors sod Al rziut cJ ill • case which carte before the Linn of TIIE NATIONAL REGISTER. King's Bench, on Friday, When a motion was made to tile 4 erbuitial info, illation against a Magistrate for outstepping the bonds of his jurisdiction, in not only committing a man l'or a Mod, but taking upon himself to intl'w•t penalties under the Stainp Act. the Noble Earl concluded with moving fin• the case, meaning to follow it in future by some direct proceed. logs in fortlieranee of the opinions he had stated. Lord ELLENBORoCCH contended that the authorities re ferred to by the. Noble Earl sanctioned the Magistrates in committing and holding to hail all persons Chat with crimes. Hale and Serjeant Hawkins recognized that right, as Conservators of the Peace within their jurisdiction. In deed, the Magistrates load exercised that right in many instances„ and Lord Camden was an authority for the exercire of the powers of committal in the ciro- , of libel. It was u monstrous proposition to stale that the Magis trate ought to have no power in cases of libel ; for an of fender might go on for the period of the long vacation, libell ing Government, and escape Isecause the Magistracy, accord ing to the Noble Earl's doctrine, were not competent to ap prehend him. The Noble Lord here produced a variety of recognizances, from William and Mary down to the present time, where the Attorney-General held to bail betiu•c indict ment was preferred, or information tiled. This was proof of the power exercised by the Magistracy, and consequently num be taken as the law. He was not aware of any instances in which the party accused might not be committed, except in the cases of perjury and forgery, and there indictment was necessary: if the practioe adopted since the Revolution walnut sufficient to give legality to the prileendiligi of the ;Magistrates in cases of this kind. Lord Ensaimr: professed great respect for the opinions of the Noble and Learned Lord, and those of the two Learned Gentlemen,the object of the present motion. Ittit lie denied that a Justice of Peace could Assoc his wan rant to hold to bail fur libel. Sarli a circumstance had not occurred dur ing the period of the French Revolution, when the country was inundated with libels. The I l iwstion for consideration wits, %Vhat is the COIIIIIIIIII law a 1• the laud lu respect of liiwl? lf, as the Noble and Leagued Lord had said, this was the law of the land, recognized by lb • recognizances which be had this night prodeiced, why did tint the Noble Secretary of state act upon that law at once, without going to the Law °dicers of the Crown for their opinion? The LORI) CIIANCELLOR h rd tio difficulty in saying that the Noble Earl had argued the subject very learnedly, but still lie could not agree with his eloctrines.—Many of the sub jects had been held to bail for ; if unjustly held, they had their actions against the individuals who so held them. Much had been said about the iiiterference of the Secretary of State. Why, did the Noble Earl forget that in 1793 and 1;91a proclamation was issued, calling upon the Magistrates to attend to publications of a seditious tendency, which in those years rose to a great height ? Was it not the duty of• the Attorney General to exercise the authority with which he was invested; and to use a strong hind in repressing blas phemous and seditious libels, tending to subvert the govern ment of the country. With respect to the opinions of Attor nies General, would Noble Lords say that such 111(t11 as Mr. Northey, Lord Maywood, Sir Dudley Ryder, Lard Mans• field, none of them contemptible Laws cry, though compared with the Tyros of the present day of Id or 15 years standing, were not of some authority: these aide Lawyers were all of opinion, that the practice of einitwitting before information was legal. The .Notate• and Learrwel Lord read several cast s in point, from the thise of Queen Amu,. to spew that perems charged with blasphemous and seditious libels were lia ble to apprehension. Among others, in the reign of George I. a man named 'Flionlas Paine, had three distinct libels charged agoinst him. 'l'h,• question of to-night war, not what the law ought to be, hut what the law really is. The Noble Lord observed, that he had taken an active part in public but it' Ist retirement, iii the decline of life, lie should think that lie Inel heti, I:1C means of abridging ►he liberties of his fellow sit resets, he shonld feel touch regret; but lie could say, most cooseientionsly, that in all the prosecutions, which in the disebaige el• his duty he bad instituted, lie had been actuated solely by a desire to preserve the country. Lord ifOLLAND contended for the necessity of producing the paper called for. A great deal hail been said upon the law, in answer to the statement of his Noble Friend, but he must maintain that the authority of Lord Camden was far be yond the opinion of any Attorissy or Solicitor General. It was well know', that on many occasions these Gentlemen had fought to suppoi t infringements on the Constitution; there. foie it %mild not avail to place such into in opposition to the great testa riders. He eliforeeel the authority of Lord Cam den, to show that the Magistrate's were not vested with the power contended for. Viscount StiamouTii said, that in conseqnsnee of the vast number of seditious dull blas phemous publications, circulated by itinerant venders, the Magistrates had applied to him, and he had taken the opinion of the Law Officers. On that opi nion he had written the eicular in question, and lie was in duced to do so, from a desire to preserve the peace of the country, which was endangered by these venders, who bid defiance to the Magistrary, telling them that they could nut lunch them till the Sessiuus, and 'lief efore they would go on disseminating their poison. With respect to the opinions, they were clear, without the production of the case ; and therefoi e seeing no necessity for laying it before the House, he should object to the motion. Earl Gur.y replied; after which, the House divided --Con triits,, 19—Non Contents, 73—Alajority against the Motigm, 50.—Adjourned at lialf past twelve o'clock. The Duchess of Ctiniiierland was present during the de bate. Her Royal :•01 was introduced at the door throtigh which the King as as accustomed to enter, and a seat was prepared for her war the steps of the 'throne. She was accompanied by the Duke of Cumberland and a lady. TUESDAY, Mi 13. Nothing important occurred. WEDNESDAY, MAY 1 1. 'Elie Landlord and Tenant+, and the New Gas-Liglit Lon dun Company Hills Weie read a third time, and passed. THM 1.1(, MAY 16. This day being Holy Thursday, their Lordships did not meet. FRID4V, MAY 10. HOMAN CATHOLIC CLA The Earl of Donovan none called the attention of the Homo to the Petition trim the Catho praying for the re• niiival Of the iikabilitirl tinder which they laboured. The Catholics cumpldined they were grio,sly itti%re vremeosted, liipt lied, after ha.ina lafeu deprivi d of their Noble Lord said lie had been tarnished with tra , to acaingt Ilibm ut• We: tuwt Abominable teallAticy—au that it might be MAY 19. imagined we lived in the days of bloody Mary, and that it was intended to revive the disgraceful beelll 4 Of litsO, and to bow down the Catholics to the ground. He thought the Catholics bad come forward with a sobstantialguaranare, - On the subject of the Veto. it was well known how much they disapprov ed of it, and he, as a Member of Parliament, vlion:d also nut approve it ; for the business of the Catholic Eeclesiastical Establishment would be left in Ireland to the 11111magemcut of it second or third Clerk in the Castle Vara of Dublin. ‘t ill, respect to the pay went of their Clergy, he conceived no alteration ought to be made therein, nor did the Clergy desire any stipend beyond what they receive flout their own dot k. it the House would agree to the Commit tee, it might be asked what measure he had to propose. To that question he would reply, a direct emancipation,restor ing to them the rtijovineut of all those rights possessed by their Protestant brethren in the Civil Establishment, except those appertaining to the (Ares in the Established Church. The Itishop of LAS DA FE would vote against the motion ef the noble Earl, because Ito considered the Catholics had now complete litigious toleration. The House could not ftcl much confidel.ce in the attachment of the Bishops to a Pio testing King, when they saw the oath of allegiance to the Pope, which they took at (brit consecration. They 'were now called upon to break down these securilies against fo reign influence, which the wisdom of their ancestors had es tablished, and which, if once broken down, the wisdom of after ages might not he able to restore. The Bishop of NIIRWICH said, that this exclusion was the most severe, and the longist persecution that had ever been, exhibited against men, who had at ail times given proofs of their allegiance to a Government who la.td unjostly refused their claims. The Bishop of noloirty said, that Mr. Locke had laid a com plete exemption against the Catholics heiiny admitted to a share in a Protestant Government. He could prove, 11'0111 the written opinions of Catholics themselves, that as to allegiance and domestic tolerati in their determioations were as unstable as the sands of the desert. How were the Catholic Bishops to take a strong oath of allegiance as mentioned by the Noble Earl, echo presented these Pettions, when they vivre hound to consider their pastor's instructions as the words of God.— Shier, the accession of the House of Hanover to the r Throne, every Sovereign had pledged himself to maintain the Protestant asendency in Church and State. He trusted the House would refuse guiug into this Committee on constitutional grounds, The Earl of Hxonowny denied that a mere difference of religious °Mohn should disqualify any loan from a share in any Government ; nor would he admit that the allegiance of any man who belonged to the Established Church of the State was more smite than that 411 A man a hose religious principles required him to acknowledge a foreign head of the Church to which he belonged. Why should they allow Catholics to spend their yoath and their blood in the army, mid yet deny to them promotion, after they had proved their allegiance at the hazard of their lives? He saw no reason why they siniald not go into the Committee on the Claims Or the Catholic-. although all the good anticipated by then from acceding their claims might not he realized. ... Th. Bail of lA% ER I'oo4, said he Sli I II: ffered from his No. ble Friend. 'Phis motion Was not brought forward to reform any partial injury or anomaly in our laws, but to place the privileges of Catholics on the sans« footing as Protestant.. He wits war ranted it. this view of the questiou, because when the clause in a Hill introduced for the purpose *fallowing Ca. fluidics to tat in Parliament was rejected, on the motion of a high authority in another House, those who brought in the Bill considered that as a defeat of the whole measure, and would not accept of any privileges to Catholics in the army, or at the bar. As to the securities of Veto, zi:c. ha conid pia no frost in them; at th,t saute time, lie had no doubt of the Catholics as to their individual respectability • but it was the influence their Bishops were under, from the S ' ee of tome, which he dreaded. Lauking at this measure as one tall of danger to the Constitution, as established in Church and State, he must oppose it. The Earl of Dmismgy supported the motion. Lord GRENVILLE could not consider the question as one of theological discussion, but one of policy, wed befitting the consideration of Statesmen and Legislators. • In legislating, the Home ought to look at the situation of the conntry —the temper of the people—and then who could see any room to doubt of the policy of agreeing, to the :notion ? If by nice and subtle arguments, some danger might possibly be pointed out, would the House shot its eyes to a question involving in it. refusal danger, when for the last 16 years so many practi. cable inconveniences ;tad been proved to exist? let they were told the claims ought to be resisted, because they appre (tended the Protestant Establishment might be endanger...l. —lie was prepared to say, that nothing could tend more to strengthen that Establishment, than to admit to a participa. tion of ei% il right between four and five millions of the inha bitant/40f the realm. This was the time, if ever there was a time, to convince Ire! mail that her past conduct %vas respect ed, and that the people were recognized as united by nature and sentiment also. EllI B 11111UHST contended that it was impossible to act with the Catholics as with other Dissenters, and that it was impolitic to admit them (the Union not having recognized them, as the Scotch Union did the Presbyterians, as the Esta blished Church of the kingdom) to participate in the civil and other high offices in the See. He did not believe that having granted all that the Catholics desired they would then be satis fied, for they wonld demand the establiAinent of their chit ten. Earl GREY said, he was sorry to hear it stated, not only by a Noble Lord at the head of the government, but also by a Reverend Prelate, that to admit the Catholics to a partieipa. Sion of their rights, would be to endanger the Protestant Es tablishment. The Lunn CHANCELLOR sail, it would be impossible this motion could be grained vithout a total repeal of the Test Laws. The pi incipal objection he had to the granting those claims e as, that it tended t;) destroy the King's supremacy in church Riti state. lie would tripe his vote against the SOO.. lioll, because, before it could be acceded to, the COSIAHR• Iron must be re-modelled. The Reuse dkoird—Contents, 9 0—Nou•conteuts, 112— Majority, s:Z.—Adjourned to Monday. HOUSE OF COMNIONS. MOND %I' Mil 12. The Game Preservation Big was read a Odic) time snit pas,cii; HIM a elapse it fur imuisbuig persons dustro)ing Game by night. Al. MY ESTIMATI A. Lord PALMERSTON Lila, that in rising to move these l' mates, lie air ids d them into font. elasen ; the land tin ecs charges for volunteers and ) . eoaraury the trourb pditl l, y