The Statesman. — London, England, 1819-06-04 00:00:00

Jlerchuus, Nlanafachicall. 7 ied 4 lmeisa Intl 4hils• tiers, in Pepin', Lim,linage. and R.tclife•Ai g b. %ay, against the Forth's Entlatintat Bill.--Laid •n lh. table. The ATTORNEY-GENERAL moved she Order ad the IN . " the Fecund reading of ibis Bill. Sir ROBERT WILSON Saki, that when the At. terney•Cerer.l asked leave re bring in this Bill. she Learned Geotteesse Led stated that he introduced the measere solely on his onto responsibility ;but the Diable Lord, in We speech on that erosion, bed de. oared that the nies.nro was isthmoid, rooneeted with per reislion to Foreign Powers. To make dea ßill l appear the more desirable hod been pretend. std that it was brought in to a:period. the ether Auto' of which the periaities were mere severe. Before he skinned the Hoes. that the Bill wee not entitled le l their soppott ow at:terns or its pretended humanity, l it would be necessary for him to give a short bine& cal arcoant of the several Acts that bad bees passed es the subject. The Gallant General thew espiWoodi she peculiar ciresuri•tenees under •hich the first Ad which it will intended to abolish bad been passed is dm year 1736. The neat Act was passed in 1731, whew the signifies of the country wen very different from the present. The French bad seised on all the' British shipping in their ports. In the month d M otch the King sent a Me nage d own to Parliament,. , informing them, that he understood an invigilate was intended: I flu remewilvered, that the Pre- tended eaiin. Is little mere thane fort night aft irked been sent to the Pantie. went, the ACC - 69th was passed, preventing Bel. tin 'objects Feissi entering into foreign sereke, pod confirmieg ibis' Act of the 119th. It was evident, therefore, that these two Acts had been mode wader special circemstepces, and to meet special dial. wide,. The first Act ea the subject wee dist of James I. sod the very title of that BM showed its object. There was a clan, by it which stated that its object was set to prevent subjects from entering foreign woke, bet to preserve their reiigion. The second was passed le the time of James IL; and Leg William also made a similar law Its present Babied' free ealisting in the Novel service of foreign Powers; bet It VIP oeceesary to beer in mind that at the time the latter Act was passed, James was in in land; end Oleo the necessity of the unseen was evi dent. In no instance bad each a measure been adopted, bat when England was either a principal in a geared, et had accepted the oleo of overtake. lag Vetoers the contending parties. Besides, from the moment the Royal assent had been given to these Acts, they bed been consigned to the tomb—they lied become a deed letter. IM believed that no trial had ever take, place seder the Acts of George Whenever e @object had been tried for the offence provided spine I. thew Acts, the triad had proceeded vendee she milker; taw of the laud, as had recently been the tele with the British subjects seat home from the filastitios. In the Seem Years' War, which be. gem in 17116, we fought at the bottle of Mind,. 'giant' away Irish sierra. This was after the In t o Act, spinet foreign 001IIIIMPOt 11111 paused. Irish °Been lied been eagegell set, nip alba Freed se. min, Int ales I. the wan et the Austrians and ether Fetes. Of II!/ Angeles comp/saint, net less thee 10 were enisteedei b 7 Irish taws. The battle:lC/I/odes was relight in 1746. Abet that bottle the Preach corps whick dad epkOpenied the Prince sernedered, and amass #l , lll It moral Irish officers. How were 11101 treelled ? Were they , vanished ae Mess? Modell , . el' the Wed was at. tempted. They ,eve treated as prisoners of war. Is the years 1193 and 1794, General O'Hara and Ms party were taken prisoners, and condemned to do a 'by the Trench Contention, for having co. opersted With the French at Toulon: The Duke o f ierk wee thee Coesmiedee in Chief, and sent', an effacer, whose seine would convoy a higher India than 1.. was able to pronouncs—ohe seat Lord Hutchinson to protest egalest the prone* leg of the Convention, as contrary to the conduct el the British Gonetwitest towards those Irish officers found I. the Frank service le 1746. They were net pat to deeds ; they wore saved by the very costa. eeetin of the Act, ire question. I. the French 110. volition so Irish brigade I. the French service were taken by us. How were they treated ? Ws took them into our service to the number of fin or sin regiment'.—[Hear, hear 1-11 re did the seine in Spain. knenterable instances to the tame purpose eight be mentioned. General La Fayette had es. gaged is the Alaska service. Br Sydney Smith had cooperated with the Swedes. The Russian navy was fell of Scotch officers in all its ware with the Porte.—[Hoer, Amer!]—tn oar ewe navy, Danes, Swedes, and Russian., had fought and assisted as in getting end evaintaising the command of the seas.— Was this, then, the return we were to make ? Was this the loosely which we offered in refers ? Were we, after so meth eaperienn of the mastery effects of a contrary practice, to pass an Act so creel to many thousands, and s• hostile to nor own interest ? He would net trouble the noose with ley tpotatious from !offender"' or Grolier, in enter to skew' /abet the law of nations was upon this sehjset. Ile would only slate, that it had ever been recegnised as the law, that every neutral pester should suffer its sub jects to engage with soy el the bellipreets. In 1756 we had Mission corps, and also Hessians, Nanoveri. ant, and ethers, in oar service, without lathe least embroiling those States in war. The Swiss were no. torinotly stipendiery troops at the command of con. tending powers ; yet S•itseriand had on that account been involved in war. BillAmorie• was now re. ferred to as our authority in this case. He cherished n peculiar partiality sod attachment for America; he considered America es a vast and impregnable citadel of freedom, which threw wide open its gates for the reception end protection of the oppressed. Bet freedom and justice *head go together. lie nag not so banded by hi. lota of Americo a not to ire that sheespitert toe mete at ment. She had at lest et.C.lseesl cans; the Poo Guest • load beep Sled en her • had mat • • Tredy, at least 10 " al.e had ',debt shed province nest to Mimics. $ mutorot to.uporoil 1. D.s.st, end leA *ill dig role, riffiqj to time. the peat, hut the nook of sit those . Rt. (wallops might be easily (resin. America having porrien hpe popes dor into the Flasides,havingerca. pied the pew. adjacent to the Wesi.findier, wo u ld nest dreamt Cubs. She would without umch malty 'totals Cuba. Basins thesestendedher power, to Mexico, and ertalnished her cernmerattspen the Allende to the Pacific ocean, she would laugh at tag land for her simplicity and arignincetice. Bet what right had Spain to make this demand open es ? [Neer Tl—She was preparing an expedition against her colonies at the pert of Cad:s, lb nett port from which an espedition hod Sailed against this country, 4 which specimen, might be nee in the Tower of London. Del this constitute a claim spin our co. operettas ?—(A largh.)—Y et we WWI culled upon to pass a law which, at the same Bon that it would retard our r eMelerre, 'gold place tbossends of our fellow.sobjetts, whomever they tended their motive 'laud, at the mercy of any mercemary sod wicked in former, who could arrest them as criminals, and seed than to jail as malefacton. It surely a mild be esough te,tefer then who might be disposed to enlist is the mike of the South Itantesin to the Ordinance mode by Ferdieend, in Madrid, a few months ego, &votive ell who should solace in ibis emir* In the most ignominious deeth.—(ll ear, keg( I] —net meat it fernier be enacted by a British Parliament, that our fellow-1814,T0,, who may each tidily native shores, shall spend their lives iu British jails [!leer !J—file nest describe ibis Bill, a Bill not called for, hill which policy rejected and humanity condemned—[ficer t]—a Billie favour of Ferdinand and inaisspittoes to libeety.—( Isar !)—if they were to rake op the ashes of the Acts 9 and 50,9‘.. 11. it ought to be in order to consign them for env to the grave. Be would !noble the liaise with no farther observations, bet be mooed, as an amend sent, that this Bill be read a second time this day ads months. The ATTORNEY G Fl, SEItA L said, that the brat 1 pest of the Gallant (initial's argument went to esta blish the tight of the subjects arise State to enlist in 1 the service of another Slate, and even if that State should be at war with their State.—(Gesierst cries of no. no r)—The instances to which the Gallant Gene ral had referred west to establish that principle.— [Sir H. Wales rose to explain ; but the cries ofNo, no ! it is unnecessary. were so general, that he im mediately at down;)— Ile was not disposed to gear. rel with the mercy and humanity extended to the Irish brigade who were engaged in • service directly' hostile to this country. Their faults were pardoned,' and they were treated as *foreign enemy. With this clemency he did sot quarrel ; bet when instances of this kind were stated as arguments sleeting the pro. sent question, he must contend that they west to establish the principle, that subjects should be sef. feted to enlist in hostile armies. The other part of the genes* Genets'', argument went to the principle,, ' that by national and municipal law every individual had • right to **list in the service of another power against the policy of the State itself. Ile was ready to show, en the estetrary, that an individual bad not a right to enlist ier a* to break that neutrality which the State wished to preserve. Where a State was in amity with another State, it had a right to prohibit its subjects from engaging in war against it without the consent of the &monies. That was the principle for which be tonteeded. The Severeiga power of *Stale was entitled to compel the obedience of all its sub jects in this point. On that accessed it was, that the Sovereign in this country was levelled with the power of recalling alt subjects who were abroad: and by the swirliest laws, the Sovereign hod the right to prevent subjects free going abroad, because the individual was identified with the State on all the principles of policy sad safety, sod on all the prim eiples of social letercostee sod national intercourse. The Bill now before them said, 66 Without a misde. owenoer yes shall not violist piersetres, or suffer yourselves to be enlisted, without a licence, that is, without the consent of the Sing." This was the principle of the WI. It was founded on the priest'. pies of the Common Law. lie was aware that it might be replied, if it was an, why not leave it to the operation of the Common Low I. why inter/dace a new Statute I—(Yekesnent and continent sheers from the Opposition.)—lf it was so founded, the principle of the Gallant General, that every iodivi• deal bad a right to solid is the service of a foreign Power, must be gives sp. Bet although the right was founded on the Commas Law, there was so ab. solute power—he did not MID absolute in an oboes. kiss Kase—there was DO specific power to prevent individuals from enlist's& or to take any steps till they were gate. and the set was committed. With. out the Acts which made forego eolith/sent a felony, or an Act like the one now proposed, for making it a misdemeaeour, there was no specific power of pro. venting foreign osliatmette. Those Gentlemen who had done him the honest of sheering him seemed to admit that the right was founded ea Common lAw. He wished thew to ask one question. If foreign enlistment, et sae's own pleasure, tees contrary to law, why sot permit It f Why not, by the medium of en Act of Parliament, prevent what was contrary to law I That question he wished to ask. Wby *heels! the Insurgents—be woo anxious to avoid any offence to them, and to mote use of no bars! terms —why should the Insurgents, as they were called, why should the revolted Provinces of South Ave. rtes be is: * better state than recognised Stites ?—... It was eosin', to every principle of munkipal se nationsl law le makes distinction in theie heater.— With respect to the ships Stied out in this registry for the assistance of the Spanish Inseegents, and the argument which had been adduced is detonate( such equipments ought by no means to be tolerated, let what would be the aide with which they sere intend. ed to co-operste; and, therefore, be had so bertha lion in saying, that when be Gallant General bad alluded to the possibility of ships being hired by 1 Spain in this country to oppose the. Insargents, he had alluded to • case which never weeld happen.and 1 which it was the express object of t ills Mil is pels. l vent from happening: for the BPI applied ookpis ships employed io the service of tills or that pas: lac power, bet to ships employed in oft, ,sere 4 , i la. any power whatsoever •ilboot a 'legate fiqm l list( Government. The Pillions which ' hod , hat evening bete prelostrcl to the lloureipinst the But now before It, had either totally misnorlersto4 or else totally misrepresented its impelled object. They had stated, that it was cat/o,yd to check the canc. Ottercie/ I,rhetsctioes sad ee }quire the eammercial In retests or this roantry. If by the words " comer interesta and commercial transactions" were meant "warlike adeenteres," he allowed that it vcould •; hut if it were intended to argue that it va ne‘d e fair, legal, and pacific he moml.typier Ms protest against any such deetriors.— Now ho maintained, that as war was ideally carried ea Rimiest Spain by what the :letitioners called eons mereial ttansections, it was the dot, of the now to check and injure them as speedily as was possible. fin did not aspect that any Member woold emitted, that individuals were not boond by the acts of live State under whose protection they lived ; or that any Member would arras, that the country whlth al. lowed Wallets to be enlisted by boat of drum and 'owed of trumpet to serve in the ranks of one out of Iwo ematteding parties, was preserving a strict neu trality towards them both ; and yet, unless such ar gentine, were to be used, the present Bill most ap pear to every impartial man to be founded upon principles of MIS State policy, and upon mashes of the most undeniable municipal law. The Gallant Ceneral had oleo alluded to the particular situation of the Spanish Government be did not see how bat aulject could he merle to bear upon the present, be. Mat if the British Government thought that the *mist) province, ought to be abetted in their present r refierte, the niters of the tpsestion was entirely changed ; but if it professed neetrality, then it ought to idept a policy consisteet with that neutrality.— r Tie Statute of George H. prohibited the entrance of a British subject into the service of any " Foreign Stale, Power, or Potentate ;"' now, was it fair to allow men to elitist into the service of the unacknow. Irrife4 State, and to debar them from the right of enlisting let. the service of the acknowledged oar? As this Bill was founded on the Common Lew, and was absolutely necessary for declaring what was the law on the *object to those who were inclined to em. lurk their fortunes in this struggle, be should give II his most willing sad decided support. There was a provision in it to prevent its affecting those who were al.early in the service of the insurgents, which Le considered to be no less than what was required by jostiee and policy ' - those who entered into it here after, wool d enter into it with a full knowledge of the pains rad peaallies which they incurred by doing an. M. DENMAN mid not help observing, that the answer which had been jest attempted to be given to the arguments of his Mon. and Gallant Friend was any thing in the world bet elm and satisfactory. —Ulcer, hear!3-1k would, at a la.. yet, main. Lain, that if not all, et Item the majority of the legal arguments adduced by his Gallant Friend against the principle of this Bill were substantially correct and welt headed. Ile had urged most forcibly, end l in such a manner ascoold not fail to carry conviction loth* House, that the Acts which were passed in the years 1736 sad 1758, sod which it was now intend ed, if possible, to revive, hid never in any single in. stance been carried into 'location. Lfe bad never, butter, argued, as the Learned Gentleman op posite had done for Me that the Sovereign bad not a right to punish those of his subjrcts who would not prase that line of policy which had been prescribed by the State; bat he had stated that the common feelings of mankind, and the general. policy of all na tions, would render all each Acts totally nugatory, and, be might therefore add, totally unnecessary.- 71seso Acts went not founded on any such principles us As Learned Gentleman had maintained, but were deduced from the old law of treason, to • hich they bore a very striking aMnity. Could it be truly said, that any State was antral which prevented assistance from going to one of the contending sorrier, and allowing it to go without any hindrance cr impedi ment to the ether?—(Naar!)—That oath was the cam in the present instance so man in his senses could dosbt—not indeed by the enactments proposed. bet by the virtual elect which they would have, if they should happen to be carried.—(ikar!)—Wu it right to pass such enactments, beams' the Govern men. was inclined to speculate that its subjects would ly with mint alacrity to the standard of lamely than they would to that which was opposed to it,ilte stand ard of oppression ?—(llenr!)—There was not a man in the country, who poisoned the heart of an Englishman, that did not ardently pray for the seems of the Spanish Independents ; and if this Bill was intended, es be had no doubt that it was, to impede that success, it was taking up the mask of humanity, in order to conceal the destructive intentions which were harboured against the cense of Shorty. Ministers bad said, that this was an Act which would press equally on both the beill• pmts. Supposing this to be tree, he mkt not perceive the necitmity of enacting it. If, by the late law any English subject bad been precluded from enlisting is the *voice of the King of Spain, he might Iwo allowed that there was some rea son for (knitting our neutrality ; bet even such a cireenrstenc,e would not have rendered a new law like the present absolutely necessary, as oar stestrality might have been equally supported by repealing the former law. no would, therefore, under each circumstances, if nostrality was the object intended to be arcomplished, say to the Government, " Repeal your former law, you will then bold the balance between the Iwo belligerents even, and will get tid of that severe punishment of deck, which you now hold forth as one of roar rea sons for introducing the present Bill." The lion. Gentleman had asked, whether the -nave —ollie would al low antdiers to be raised in this country for a fo. reign Power, and to be marched up the Haymarket and paraded in St. James's with beat of drum and sound of trampet? Before be enswerri inch a wies- Ition s he Wahl be allowed to ask another—" fl ed any thing like this ever 'Bitted, or did soy thing I I like l exist at present ?" If there dot u,.1, was it [ proper that England should depart from her old po licy., "specially when she was at poses, if not in al liance with every foreign country ?—(hear !)—At 114 time the Bins of 1736 sod 1736 were brought Itstrs Parliament, there was a Pretender to the Throne, ,p 1 161 in allianeis with every Continental Power, Wan vie rieri either then en ga ged i n war , or . ' **Oh we were "specting hostilities; so leaf , "nactfnents only ordered, i n snore distinct l i e , no individial to besr arms *goi n g his Coin #is p.y. But then, says the Learned Gentlionee, this 'lltemlinn is only in furtherance of the Common !4w. Ile (Mr. Deiross) said so too. But was it -es either leo* apcessoll w as Pit extol regn to were* •sg iiiiiividoil leavitie tho country, a flare Irk er which enahlid hie Majesty to t these w le bed left it; and the re . ioret fore, if the biiiiktere of tie Crowe wished to mat to their home, these natives of Great &halo who hod entered into the fridepoodure service, they had it is their power to do so at airy moment they tbooght it to Woo the mandate. keyed, if stook a measurer was right and expedient, why had not they preeioo r .. ly taken it? why did they hesitate to t.ke it now ? and why did they call spun Parliament to do far them what it was their duty to have d toe bug ago" lf, however, it was impolitic why was Parliament t o be urged to enforce a plan, ;hies was any thing eke than beoeficiel to the interests of the empire!— " Bet then," he supposed that it would he said, "such a preventing es you recommend would be totally inefficient." ft was a method frequently re• sorted to with success in clues between private in. dirtiest*, and he did not se any reason why it shookd be onsacumfal in a ',ebbe emergency.-- Besides, if the issuing of a see extol repro was imp.- litic, why should they recommend to Parliament the adoption of a emigre which, es it would he far more general, week' be also far wore impolitic? if no English subject war to be allowed in embark in ti.• service of a foreign power without a licence from the Crown, the granting of yea e Neonate by the Grose would be the commission •f swam of heatility spina whatever power the individual who had obtained it was intending to act.—( Loard cries of hear!)—The Learned Gentleman had said, that there was no 'clause in site Bill a hick tended to ilium the com mercial interests of the country. Ills Galteld Friesi4 lin pre:waling t he Petition which he had that revising laid hermit:it House, and which, if be had been earlier in the Ilene, he would have found vest lobes solitary one spriest the Bill, had clearly pointed oat some of the injuries which the cowry would receive from it in a commercial point of view, if it were passed ioto a le w. Me wadi beg lute to all the attention of his gallant friend,oed aloe; vs ilk kis attention the etteetioe of the whale Hum, to • clause arb , cla,in his Imola* opinion, was more pregnant wish mischief than any clause which he had over reed In any Act. it wee the following :--" And be it further enacted, that if soy vessel In any port of this realm, phall have ow board say person or persons" (it might, fur instance, be a Smith American, sad not a D.isiah subject). " with the intentieo of enlisting in the service of any power, itc. any subject or subjects of this realm, ' or any persons weak? enlisted, ,litc. it shall be lawful for soy 01ficer of Customs at that port, or if there be no Officer of Commis there, for soy ledi. viduel whatsoever, to detain, or to cause to be deals ed, such vesseloseill such persun or persons shall be given op to the MenicipslAsthoritiee :" so that by lb* were word of a* informer, easy vessel ready for see might be detained for • considerable time, under a 'suspicion which it would be very (Mesh indeed le disprove. The lion. Member then read another clause, from which it appeared, that the Muter of the ship containing such persons was liable to be seised, Wes subjected toe heavy fine, sod was Wised ' to give, bell, if me intended to appeal against it ; sad also that if any action was brought against the ie. former, be was to be protected In the ume Musser as the officers of the Customs and Excise . . lie (Mr. Denman) did not perfectly understand whet the tatter part of this clause alluded to; he boil, however, resod out, that one half the penalty to be levied wes to go to the common informer, and do othor to the Crown; so that there wee a premium offered for the detention of every vessel in his klay•sty'a Mahon,. ; and yet it was owed that no injury could ac crue from this Bill to the commerce of the country ! It hid been said, that, like the former Act, the pre sent might remain a dead letter on the Statute Book ; but he was quite certain that this statement was iiienr rent, as no Act ever could remain a dead letter !Inch contained such classy' as he had just read to Attie Never lied there been any Wog 1 , , ungucioua of the circumstances under which it had been brooglistorw the Hesse. The crests of She late war Ind reap red a great part of the population militantg massy* Itk members were snaked for any thing else but , oar— , [Merl —snd now a measure was propotetfie the Boos, which would est them off frost • se. vicein which all their military enthusiasin might be freely intridged, and all their military ardour 'deli, esercierd.—. If the British Gooernenetst threw Us widest into the , scale of Smits, it would prevent those sire of aro*, 'ion, and those delightful sffinities which elide's , man to man, from being formed bet aeon this country sod the independent provinces, which would be so outs! is promoting the commerce of them both. If 'eel, perheps, better that he should tint us a word regarding the King of Spain—[Loud cam of thew 1 .1 —bet if this Bill had originated from any. communi cation from him, be thought the House were las pentively called upon to receive it with suspicion: if it had originated trot i a still higher quitter, if it had come from those who had arrogated to thee:Wreathe right of disposing of the fates of kingdoms and em pires, they ought, If possible, to receit• it wish still greater suspicion.—[llear, h eart] —Ors every prin ciple he considered that this Bill smiled for the moot determined hostilityof the House.—Voodch:citiagli Mr. WYNN observed, the opponent. of the Bilb said. " Show us a single Instance in which way indi.- widget has been prevented enlisting in the serviette of Spain, and thee we shall be convinced of the pro priety of adopting some new measures." The 'sigh. log law prevent& enlittmeot into the service of any ecknowledged European State, by the severity of Om penalties which it enacted ; it was sot the O t arrerro% meat alone which bad the power of caray !rig this Ism Into emotion, hot any individual who chine to se.. force it. Would it oat, Weider", be tie bounden I - duty of the American agent, if he saw the sgent of Spain raking levies in this country, to pat a stop to his proceedings by preferriog en indictment wins' him? Their neat argument was, that this law had been a deed letter over since it had been originally 11411M11.--. This he denied : he did not know the number of sae. notions which bad taken place end,- it; het if I • was to trust to those records of the times, the maga zines, some emotions bad most undoubtedly sakes 'place. The Hon. Member then took a short 1ei1.... of the history of the times in eeliklltEttirlighrneti bed fought in the ranks Or other Monarchs then their own, and paid that the cows which I ad been csteil of their i so &log, and which were the war of the Uott-11 rrn• rims the 40 pin io Germany, actict t.:estirel at after ber elm 'anodize. ore:voted the Seredt A tner;. litectiest corld at sr. Off- pelf/ for the ; Warr., if eh- to inspirr h -energy; 'tread j• a Tsai., the re. Niels; all these ine with o f 4 ...tips, sold No yrs the . Pkirielre." _The iiireueirsod s, Arekiite. ib r prophet, repitially la THE 'AT ..... ..,I.