The National Register. — London, England, 1808-05-22 00:00:00

1 13. I I , I ~'. . 312 . - • co. XXI. s 'ATIO: Porte, if it will not save us from the necessity, will at least afford us the time, of putting ourselves in a state of de fence : and the system of defence that ought to be adopted, in India is the same system that we have before stated as necessary for the cement of Bonaparte's Empire of the West, the same system that we shall .hereafter take an op portunity of inculcating as indispensable for the preserva tion of Ireland. It is a system of gentleness substituted for a system of oppression. The colours of the human body, and the cultivation of the human mind, may vary in a thousand shades from India to the Pole t but from India to the I'olc the human heart is the same : the clams of liberty, the rights of independence, the prerogafves of man, alike exist for every individual, and are able re quired by every nation. Those who protect a people in the enjoyment of these blessings, that people for their own sake will in turn protect: but they who govern by ty ranny, and coerce free beings with the chastisement of slaves, must expect, on the first opportunity of change, that those beings, having been reduced to slavery, and knowing that they have already endured the word, will incur every danger for the chance of a better cordition, and join the enemies whom the Government has rut made it their interest to repel. What is now our foding in India r Do we not stand there by the terror of our 'words? Have we not, from time to time, guaranteed to every Prince, and to every realm along its vast peninsula, their dignity, their power, and their independence ? Aid have ive not, in spite of all our guarantees, from time :o time, degraded, deprived, and disgraced them ? What have the people to fight for ? A continuance of their batdage ? What have the Princes to fight for ? A perpetudion of their ignominy ? No—it is in civilized nations oily that »tan disposes of his freedom, and nobility sues or ser vitude Let the rights of the native Princes be restored, and the East India Company no longer throw the sword of conquest into the balance of commerce ! Let British faith be re established and preserved : then we may hope for the re establishment and preservation of British security. But at present the natives have every thing to gain, and nothing to lose : the, wait with impatience for an Invasion : they will hail it, not as a defeat, but as a deliverance. Our enemies will march undisturbed up the country : and India and England will bow before the Conqueror of the European Continent. REVIEW OF POLITICAL DECLAIMERS. THE INDEPENDENT WHIG. In The Independent Whig of last Sunday there is a long and flaming attack upon Lord Ellenborough for having refused a rule to Sir Francis Burdett. Mr. Clitlbrd, as Counsel for Sir Francis, moved to sct aside a verdict given against him (in an action brought by Mr. Morris, the high-bailiff of Westminster for certain expellees of erecting the hustings at the last election) find to obtain a new trial. The ground of the learned Counsel's application was, that the decision of the jury was illegal, being contrary to the statutes 8 William and 18 George It. which re strict the sum to which the candidates are liable in such cases. Lord Ellenborougb, in answer to this motion, observed, that the Inistingl were erected not only fur the use of the poll-clerks, hut also for the convenience of the check : clerks, and of the friends of the candidates, who were not within the contemplation of the statutes referred to. And in consequence of these observations, the rule was refused. Sir Francis Burdett then complained to the House of th;s of air as a breach of privilege. He said that at the last election be had been nominated a candidate for Westminster, by >oine of the electors, without his knowledge, and that he had heard of it only when the business had been almost concluded. No law custom had been shown to prove that in such a case the candidate -was liable for the expeoces of the !timings, and tet the judge bad directed the jury to find a verdict against him on no better ground, than that he had taken his scat In thr.t lime. Nowt . - 4 ‘ 4, 04 1, m 11 1110000 9 ~,..,....., Mr, i. ~:.: ~~+]c~.~ MAY 2n, how was the taking his seat iu that House to make him liable ) It was not a voluntary act, for It had been done in obedience to a writ, by which he was compelled to take his seat, or submit to pains and penalties. The Chancellor of the Exchequer was of opinion, that no case had been made out by the Honourable Baronet in which the House ought to interfere; but the Speaker thought the matter important : and conceived that the Honour. able Baronet, if be should find any practical consequences likely to result from the judgment which could give cause to complain of a breach of privilege, could not be too expeditious in bringing the business before the House and asking its inter. ference. These appear to be the facts of this interesting case. The comments of The Independent Whig are In the usual strain of stupid abuse: The electors of Westminster will here perceive, according " to the new doctrine of Lord Ellenborough, that their worthy " representative is, if we may be allowed to use a light express" sion" (observe the pun) " placed as it were between two " If he take his seat in Parliament, in compliance with the " choice of his Constituents, and in obedience to the laws of hi; " country, he is to be answerable for all the damages, and ar• " countable for all the expences, however extravagant or name .. " cessary, incurred by those who sent him thither; and, if he " decline, he is liable to pains and penalties for contumacy and " neglect. Was there ever any thing so monstrous and absurd ?" We do not had that Lord Ellenborough any where asserts the liability of the candidate for all the expences of his elector:, however extravagant or unnecessary. This is merely a charge for necessary expences: a charge which certainly must be Foci either by Sir Francis Burdett, or by his electors, and surely the friend of the people is too generous to ask the electors to pay expences, which though not incurred by him, were all incurred for him. If the High Bailiff had made an unreasonable charge, we should have been happy to see Sir Francis Burdett resisting it on account of its exorbitance : but to take advantage of the letter of two old statutes, when the spirit of those statutes cer tainly went a different way, does not to us appear a proceeding so honourable to Sir Francis, as to deserve the public comments of his friends. Even if we were inclined to allow that in the construction of these statutes, Lord Ellenborough argued with out law, which by the bye we do not mean to admit, yet surety he argued with the greatest equity. It is necessary, areordiii ,, " to the modern system of large elections , that t here he cheek clerks as well as poll-clerks; and in such a place as Westmin ster there ought surely to be some accommodation fur iii friends of the parties. But is the High Bailiff then to pay the expences of all the buildings that are necessary ? Certainl; not. " Nor the Candidates," says Sir Francis Burdett. Then. the Electors must pay the bills, and treat their candidate. How shall we reconcile this with the following paragraph is the same article of the The Independent Whig. " Sir Francis afterwards declares that he does not bring for " ward this subject on his own account, but as it is important " to the Electors of Westminster, and material iu respect to tilt " prig sieges of that House." This is disinterested indeed! And Sir Francis's friends really do his reputation a great service when they represent hint re • fusing such demands as the bill of the High Bailiff for the hust• logs and the Clerks ! But the most entertaining articles in last Sunday's IVkig aro, the extract that has been made from Mr. Miles's Letter to the Prince of Wales, and the Conductor's comments on it. I n this Letter the Prince is warned that " a project is widely surpectcd " to suspend the constitution." We remember to have been passing a few years ago through the village of Ross, in Ilerefot dshire, when suddenly the church bells began to ring most loudly. The post was come in, and no news had arrived that could give occasion for any such boi— terotts exultations but our curiosity as to the calve of the übilee was soon gratified by the report o f an old man, who stated that France teas taken. When we tind it proved that France is taken, perhaps we shall believe that the constitution is to be suspended : in the mean time we content ourselves with enjoying the liberties thi.t we possess, and regarding as equally distant the sitbjliAatitin our enemies, and our own annihilation. The Independent Whig declares that secret rumour has de clared Lord Wellesley to be the champion w Ito propo s to carry this new measure into execution. 1)0 the Conduc tors of this Paper imagine that Lord Wellesl e y is as mad as his old antagonist, Mr. Paull ? Are these times in w hick att se however pre-eminent in genius, however regardless of hiannuit: however devoted to dc•potic principles, will tonic forward 4" r