The National Register. — London, England, 1816-05-20 00:00:00

'Dr 11aUsonalf No. 436.—V0T.. IX. POLITICAL DISQUISITION. CONSIDERATIONS ON THE ALIEN BILL. AFTER describing, in our last, the nature of the 5r. 5 .1...14 ft reual ;not ars pews u A Rai, we shall now consider the other side of the question. The sup porters of that measure stand on very different grounds. All with them is policy and fear. Because peace is re stored, they tell the country, you are not to suppose that mischievous intentions are eradicated from the minds of Aliens, and that precautionary measures are unnecessary. The revolutionary madness is quelled and abated, but not extinguished; and it is not the mere signature of a treaty of peace that can secure the country against their machi nations. Can it be recommended to throw open our shores, and to give an unlimited and unqualified protec tion to all the agents and spirits of Buonaparte, or to all French subjects? Can any doubt arise, that we arc not justified in adopting measures of precaution at home, when it is found necessary to keep an army of 150,000 in France? Without a peace Alien Bill, the country would be deluged with the most dangerous characters; and, to regret the measure, would be to show a total in sensibility to the real state of Europe.—Such are the grounds of policy, vibich, according to its advocates, call for the enactment of this measure. But many auxiliary arguments are brought into its support. It is described as rot liable to the charge of novelty. It was found ex pedient in 1803 and 1814; why, therefore, should it be deemed impolitic and unjust in 1816 ? The number of aliens in this country is greater at this time than at any other pereel. 1 t amounts to 23,000, and over such a population it is necessary to retain sonic discretionary power. The present Bill also differs widely in its pro visions from the former. This is all mildness, and the other was all severity. As long as it continued in force, no alien, even after having once obtained leave to land in England, could stir a step without a passport, or live any where without a licence. He might be sent out of the country without any right of appeal; and if he return ed without permission, he became subject to transporta tion for life. From the Bill now proposed, all those severities were expunged. Once in possession of the certificate which allowed him to enter the land, an alien would now be as free and unshackled as a natural-born sub ject ;Itemight roam through the three kingdoms, and even leave them at any port, withoutany permission, on showing his certificate. He would still be liable, it was true, to be sent out of the country ; but he would have a right of appeal to the l'rivy Council, which would be a check on time exercise of that prerogative. An effectual bar would thus he opposed to the undue interference of foreign ministers, which it -was most clearly declared had never been exerted. Indeed, the proceedings of Govern ment had been so lenient, even while they were armed with the bill in its most terrible shape, that since 18 1'2 only 9.1 aliens had been sent out of the country ; and of those six were individuals who had returned without leave, and exposed themselves to the penalty of transpor tation for life. Of the latter, since the very birth of the Act, not a single instance had occurred. Could it there fore be expected, when all the obnoxious provisions of the measure were excluded, and mildness had become its cha racteristic feature, that it would be productive of greater cruelty or injustice? The power of removing Aliens from the country was not a novelty in the constitution. It existed in the crown, and might be exercised by proclamation. If those proclamations were disregarded, their object might then be pursued, and attained by indictment. The present Bill only opened a new way for the exercise of that power, and simplified the means by which it was to be exerted. Neither was any article of Magna Charta violated. The clause in that charter was confined in its operation to merchant strangers ; and was intended to protect theta against the exactions of the subjects who did every thing in their power to exclude them, but not to disarm the King of his prerogative. Au Alien had no Utaitittr. Our ilium ConOtitutian anU if.aim.6. MONDAY, MAY 20, 1816. inherent right, by the laws of natio►►s, to come and reside in another country, without the consent of its Sovereign. He owed no allegiance to that state ; l►is services could not be demanded, his departure prevented ; he could not b. .ecatled as a natural-born subject, and punished by outlawry, and the confiscation of his property, if he did not return. Neither could he claim. to their full extent, the same privileges as a natural born object, who could never be forced to quit his country, but by the commission of a crime, which subjected him to the vengeance of the laws. Yet with these few exceptions, he enjoyed all their advantages, and that was more than the Legislature of any other country grante►. Such arc the arguments urged "by the author, and defenders of the mu inure. It will create repeated dis cussions next week; and in recording its fate, we shall express our own opinion on its merits. IMPERIAL PARLIAMENT. — r e m — HOUSE Or LORDS, MoNna it, MAY 15. MILITARY IN THE STREETS. The Earl of ESSEX agnin addressed toe House, complaining of an outrage offered to him. not only as a Peer, hat as a Bri tish subject. He stated, that he was stopped this day by armed military. near the end of the Ilaymgrk, !. The soldiers lined Pall Mall, for the lord alavor to weep with an Address to the Queen. He te.kel fer a-police officer, and was told by one of theioldiers, We have no police here , we have nothing to do with police." The NiAile Earl was obliged to go round by Piccadilly to St. James'ii-street. He deprecated this interrup tion as illegal. and subversive of the rights of the British sub ject, introducing a military despotism disgracetial and foreign to the principles of the Constitution. He concluded by mov ing for a copy of the order issued for placing the military this day in Pall-Mall. The Motion was opposed by Lord Stumm - Tit and Lord Hantrownv, as a serious proceeding uncalled for by the cir cumstances of the case. It was contr.-4d, that it had been long customary to call out the military on occasions of State ; and though the proceeding might not be constitutional, it could not be discontinued without great public inconvenience. A division took place on the question. The numbers were— For the question t;—Against it 33—Majority IT. The Marquis of BLCK ING II M ease notice that he should move on Friday an Address to the Prince Regent to obtain the Order refused in the preceding motion. The Bills were /btu anted, and the House adjourned. TLESDAY, MAY It. The Earl of FIARROWIIY delivered she Regent's answer to the .%dilirss of the Mouse on the marriage of the Princess Charlotte of Wales an Prince Leopold of Cobourk—Ad. journed, WEI:NI:WAY, MAY 13. The Tw•o Millions trish Treasury Bills Bill, the 1,100.0001. lei+ll 'treasury Bills Bill, the Local Militia Ballot Bill; and the Yeomanry Corps Bill, were read a third time and passed.— Adjourned till Friday. FRIRAY, 'AIAY IT. On the motion of Earl Stanhope, the conference with the Commons regarding the Statute Book, was postponed - until Friday. Earl Stanhope also gave notice for Friday for a motion re spec•ting the subject of weights and measnres.—The Lords were ordered to be summoned for Friday. The Malt and Beer Duties Allowances' Bill, several local and private Bills, were brought up from the Commons, and read a first time. INTERFERENCE OF TM', MILITARY. The Marquis of Becutsoit.tst observed, that the subject of the interference of the military, on which he had given unlit e for this day, hail risen into importance, in consequence of the defence which Ministers had set np. It appeared front what had been stated by them, that a violation of the law had been committed; and that, notwithstanding all the efforts of the Noble Secretary of Slate, there was stiU some power above the law which ordered out the military to take upon themselves the duty of the police, without any communication with the civil authorities. The Noble Viscount stated, that there was , an imperfect communication between the military authority and the office of the Home Department, anti this -statement rendered the interference of Parliament necessary, iu aid of the Secretary of State, for the purpose of enforcing the law of the land. It was not a little singular. that the Noble Viscount, who united in hitnwlf the offices of High Steward, or Head of the Police of Westminster. and Secretary of State, by virtue of which office he was at the head of the police of the whole country, should, upon a recent occasion, have Mond himself without the means of resorting to the aid of the police ; whilst, by , some authority, the military were called out to do the duty of the police. The interference of the military had, however, , been attempted to be defended oa the ground of public con • venienee ; hut the setting un peblic convenience in this way above the law of the land, it was scarcely necessary to say, was wholly contrary to the principles of the Constitution. The legality of the practice was however also attempted to be set up, and the illustration of it was the trial of Mr. Hastings ; he denied the argument, and rejetvd the illustration ; the Address to the Crown on that occasion was elect ly nothing inure than for the military to be called out in aid of the civil power. Besides, the privileges of Parliament were paramount to all law, taking their date prim to any statute law; and no analogy could be drawn to compare With them any privilege attached to the Sovereign, there hying cone which belonged to the sovereign, of the same nature as those of Parliament. PRICE 91d. But it having been clearly established that there was a pri vilege claimed so Mel% Imre. and a power :lethally esei cased. of calling out the military, not only to do the ditties of the police, but to obstruct the streets, and stop his Majesty's subjects in the pursuit of their lawful avocations, and that too without communication with any civil authority, it became absolutely necessary for Parliament to interfere, in order to put a stop to this growing practice, which was equally contrary to law, and a violation of the Constitution. As a first step to such a mea• sure, it was necessary to know the authority from who nee the orders for calling ant the military on Monday last, the day complained of, issued. And he therefore mused an tddress to his Royal Highness the Prince Regent, praying that his Royal Highness wontil be graciously pleased to communicaie to the House the authority limier which the military were called out on Monday the lath inst. and a copy of the milers issue,) for that purpose. His Lordship observed, that if a satialactory statement was made on the other side as to the conduct to he pursued in future, he was ready to withdraw his motion. He thought it due also to say, that two Court days had occurred since Monday; and that partienlarly yesterday, o n th e h a ppy occasion of the congratulations on the Royal marriage, lie witnessed what took place ; the conduct of the military was certainly quite exemplary, and he observed ',dice officers properly stationed. Lord Viscount Siostot TH entered into a detail of the circum siallen which had taken place upon this ',abject, and which have been before teentioned,and observed that he had anxiously searched the Journals of Parliament and the Records of his ow ii Office, hut that he could not fool any instance of a com munication being made to the °dice of the Secretary of State, regarding the calling out the military for public convenience, nor any allusiou made in Parliament to such a circumstance. He, however, thought it was right that such communication should- be made, and that the contrail upon such an occasion should rest with the Secretary of State for the Home i)e?art• ment. As to the legality, what he had argued was, that if the practice (Weaning out the military for poetic convenience was illegni, an Address of the House of Lords could not m. ktiit legal; but lie found in the cases of Sacheverell and /qr. Kist. logs, that the Crown bad her:: addressed to call ont the Guards, 4, had been t.snai such e.. , 's, a clear proof of• the• re age.— He, liasvever, felt tient there to' be a reirMllibiliLy fla• tailied to the office of Secretary cf 'Hate t..tr t'.. Hotae'l)cparr. meet, upon the occasions 'Musa the military were called out for public convenience, sad that consequently in that depr.i t ine* Ilse mew* suet nasmagemout, upon steeds taft•usira.i, oughtlet be vested ; and lie hall now to state, that the w h ole duty of the management and confront upon such occasions had been assigned to that department, and that he had exercised that duty yesierday. The 'Marquis . of' BUCKINGHAM expressed himself salitffiei with this arrangement, and proposed to withdraw his meson. 'fhe Earl of Essex wished, however, to ask a question of he Noble Secretary of State, as to the moaner in which the duty of the sole management and controul upon these occasions was assigned to the Home Department? 'I lie orders num the oc casion alluded to (he believed it was no secret) came lion' the Lord Chamberlain; but he wished to know by whom the duty was assigned to the Secretary of State for the liaale Detain ment ? Lord Viscatint QlnatoUTtt saitl, he had received tha Prince Regent's eattatnevids to take thi: duty upon ItonAqf az‘ Secretary of State for the Home Department. The E..trt of ESSEX expressed hilmelf satisfied. 'I'JIE BANK. Tn answer to a invstion from the Earl of LAI:DERT/ Ur, the Earl of LivEit pooL admitted that it vvas the intention of Go vernment to apply to the Bank for a Loan, in the cotir.e of the present Session, hat could not state the amount. In the Committee on the Bank Restriction Act, the Earl of Lix emeriti!. proposed, that the resumption efCash Payments by the Bank should take place on the :ill' Jely 18ls. 'the Earl of LAUDERDALE opposed the extent of t►is post ponement; and said, that a chine of mea'nre•. more than length of time, was calculated to accelerate this event. Ile conceived the measure arose more oat of a spirit of accom modation between the Government and the Bank, than out of the real necessity of the case. The Noble Earl moved, as an Amendment, that the sth July 1311' bluish" be substituted.— This Amendment wits negatived. HOUSE OP COMMONS, MoNDAY, MAY 13. 11\R1) SOAP. Lord ST...2IMM observed, lie had a question to put to the Rt. Hon. Gentleman respecting MI , . Of the Orders of the Day— the Order for receiving the Report , 'f the Soap Bill. This nay Bill of very great importance to the manufacturing interest ; aud, he WAS Lorry to say, bad nut been attended to as it ought to base been. ft had now arrived nearly at its la , t stage. and remained almost unnoticed. I le this morning had a communi cation from ome ofisis constituents on the subject . and had now to request that the Rt. nom Gentleman world postpone the time for receiving the Report a few days. Mr. VAUITT4HT had no objection to postpone the Order of the Day till to-morrow, though he did n o t consider the lowthen to the manufacturer coald be so •great as the Noble Lord seemed to think. Lord STANLEY was obiized to the Rt. lion. Gentleman frit any delay, though to delay till to-morrow could be of little !ter vice ; as it would not afford any opportunity for the Rt. Hon. Gentleman teceiving a depubdien on the subject. The Rt. lion. Gentleman said he was Hot aware that the burthen would pre.s on any person heavily. Many of his (Lord S.'s) constitu ents had used hard som in their manufactories: and lithe duty on this article was doubled, it would certainly prove a licit%v burthen on them. _ Mr. VAnscr-rvrcr said, the duty would only increase one fourth, and not be don bird, as the Noble Lord supposed. Mr. l'nom Enos: wished the Bill should be re•committed. He also wis►ed to observe, that by the Bill, as it at pri sent stood, the duty would commence from the let of May, and not