The Statesman. — London, England, 1810-06-14 00:00:00

thie f ; thee was ohnoltioes speedily repaired. This the public Interest and feelings required ; and though he was not disposed to give way to any unreaennabie elameer, yet, tinder the pressure of Issethenc, and with the sserilices which the peo. pie were celled upon to makie he considered it their lordships' duty to consult their ease and their feelisigs in these respects, as well as in larger and Ilion important savings; and by such conduct, to du what was in their power to allay the generally Intending discontents of the conntry.—Reopectitig evil, in the practice of the government, he was not ready to agree., ith all the theories he had seen, or beard on that subject •. but he did seriously think that the liefineneesiGirrernment In various ways bad of late years very considerably increased. .—in a tercet debate Is that House on the Its. 'Milli • Bill, a Noble Viacount had stated, on the sethority of a 'pamphlet lately published by a Methher of the other llnuse, (hlr. Rose) that the influeuce of .the Crown had not in. tressed. Ills rellectioes on consulting that paw. Idect led him to consider It as containing much. InisreptCsentation on this question. Was it possi. lA% with the inerslese of our expellee in a few years from 16,000,0001. to 85,000,0001. with all bet immense extended establishments at home, in the East and West Indies, and our colonies in every quartet of the Globe, with the vast number or persons employed in the labours of collecting the reroutes, and in every department of govern. went, wish the immense additions to our. army find lusty—wee; it possible. that, under alli these Combined circumstanees, the influence and patron. lee must .not have increased to a great, to an en. keusva amou n t Such was his 'pinion .on the subject of litiltienee, which not only fur the like of economy, and_ "of aatisfying Oh ! lie feeling, Init elso to Secure' the Constitution, against the farther increase of influence,. he thiiiight it hißeesSary fur Parliament to look. at rarefelly, and reduce; and he regretted here again that ilweenment had taken ep no system suitable to the times; and he particularly had to . lament that fatal blindness and infatuation that had led Ministers to reject every proposition that was made to foliate those leree,untiecessary, and insult. tie emoluments of which they complained. But as if to inautt,idiagost, and Irritate the public mind, reduced already alMost to.deipair, they gave away places of the description 'lse alluded to, to those who had no ciaini of public service to entitle them to suet /awards; of which . there was a recent instance, fresh in every . one's mind, (Mar! hear!) where no service had been performed, es. eept that suet of service which formed so strong an ohjeedun to these places—he meant, servieu performed in Parliament! (/fear!) Here, as in dvery . (Melt AAP, they continued, by their errors end crimes, 10 shock' and irritate the public mind, by a conduct totally inconsistent with their duty. Their Lordships' duty did nut stop there. He bad spuken hitherto of economical reforms, and the reduction of needless places; but he would not hesitate to say, that it was his sincere opinion that it was incunibent on their Lordships to took into the defects, which, by lapse of time or other. vise, had inipaited the frame, and corrupted the practice, of the Constitution of Perliareent ; and to apply such remedies to the case as were according to the ininciples and object of the Constitution. flu should not have ventured to speak upon this matter before their Lord. ships, without great previous care end die liberalism. It concerned a triestion which he tnuk nil at an early peried of his life, and' Which lie then pursued with eager expectations and sanguine hopes. lie would not pretend to sty that there were not some differences between Ms opinioas then and now, as to the mode of ace comilishing such an abject : but now, in his ma. three age, he wolild say, that he hail nut seen reason to abandon the general opinions ho had formerly entertained and avowed on the subject. A man must have been prematurely wise, or have derived no benefit from experience and observation, who, after the lapse of 20 years, looks on such a subject, its all respects, in precisely the same light. fie was likely, therefore, now to tvonsider and es. abate this question more cantiously and soberly, than at an earlier period. Upon this most honor. Wit question, he had no hesitation to declare, that in his opinion snitch good would nedessa. ri4y result fr en the timely adoption of some a i l o tey principle of reform, which would grade. silly list steadily proceed to the correction of those anus s, which the progress of time ;nest unavuid. ably have given bittli tea. Bat that principle of rearm . should be kept within the line marked out by the Constitution, nue e.scced the wholesome limits which esperience points nut, anti public • utility dictates. As to the questions respecting Oa reform of the other House of Parliament, he knew nut how he could make that the subject of *sty observations in that house, without perhaps transgressing the bounds of that respect which was dee to au integral branch of the legislature. Bet as nothiug could be done in furtherance of that object, Without the concurrence of all tine breeches of the legislature; as the question itself was of the highest importance, not alone to the branch of t lie legiviatio re more immediately concern. ed, but to the other two beitncion, and to the nation at large ; as it Was of considerable importance to h im net to be misrepresented to the public; he felt it necessary, humble an individual as he was"' to detiere, that he still retained the same sentiments he had ever entertained on the subject ; and that it Was truer,. as it hid formerly been, his convia. lion, that a temperate, Cautions, and judisiotia aduetioe of deform, was the must desirable for the correctien of those defects in the other House of Perleineut, a hid, excited such scandal with the public, and furnished designing men with a pretext fur iiid outing the passions' of the multi. tele, to sni.leotl Olsen from the line of their dew. Tu mieli a Referee, %believer it should be unit pose!, he weeld user be anxious to yield hit ready mil zealous assistance, But he never did, amid uever should, propose any plan 'of Re. form, on the ground of theoretical perfection. lie never did , nor never should, protease any plan of riertmns which had not fur its basis the practical Forrection of exiting abeses. To tlixt extent, and 1 , 4 glitA 0 0 )1 IVA 4 tit; dispesed W go; hem* no - • . - t 1 • . • . . .., • ;• • . . 1 ' 1 1 .., .1 t ' , 1 ' 4 :o' . 1 i • I i • ' 1 ' 4, I . .. . . I . .. 5 I • i ' . . • I ' . .r. 1 . .1 ' I . , ‘ . I— -41 s . i ~ ' 1 i ' 1 ' ,_ .. • . . _ • Jr .• reform that did not proceed on the principle of practical correction of abuses, could be productive of any safe or salutary result. It had bath fre. pently of late objected against the Constitution and the privileges of the other House, that they were not to be found sanctioned by any pub. tic statute, or in any written code. But upon the best consideration he had been able to give tie subject, assisted too by the authority and opi. niuns of thost4 great constitutional Statesmen, from whom he derived his political principles, he found, that what had been thus stated as an objection, was by Mm considered the highest recommendation. it was the folly and the presumption of the present day, to decry every thing that was not to be found in a written statute. The nation was now told, that unless every salutary power •possessed by the different branches of the Legislature could be found recorded in the written Code, it was tsere. fore illegal ; and the same doctrines were again promuiaatci, which had once already nearly sub. jected this kingdom to.an arbitrary government. The convulsions and calamities of that period had, however, happily since subsided into a system of mild and 'regular government, which, though not perhaps consistent with the theories of political, speculators, was yet. practically adapted to the spirit of * free People. If any thing could more than ,another confirm him in the ()pi. nions he entertained on this subject, it would he the concurrent authority of a late great Statesman iwo.soppose Nl.r. Fox], whose views respecting ,yeform ho h.d . frequent opportunities of learning is the course of various debates. It was the opinion of that great man, that the whole of the Consligation of this country was a system of ern. ticsl institutions;' and he had often declared, that, if all the wisest, the ablest, and most virtuous mu, that had ever lived in any country, could be brought together and seated round a table, for the purpose of devising the best Constitution for a nation, he did not believe they could form a system which it would be possible to live under, without some practical deviations and alterations, accummodated to the change of times and circum. stances. This opinion he was accustomed to en. force by an apt but homely illustration : that he had scarcely ever known an instance in the build ing of houses, of any one having been provided in the first instance with all "the conveniences which, in the occupation of it afterwards, were found practically necessary. To the principles of practical reform, he was therefore deter !mined to adhere ; and these he should be always ready to support, whenever the question should be agitated : but he must again repeat, that such reform as he was prepared to, support, mus' provide practically for the correction of the Auses of the Coustitqtion—must be limited within the bounds of the Constitution—and not launch out into the extravagance of theories. This was no new opinion of his; and if their Lordships could consent to attend to any statement respecting an Individual so humble and inconsiderable as himself, he should prove, to their satisfaction, that such had always been his opinion. Fur this purpose, he should go so far back as 179 t, a period whet such opinions wore made the subject of more political heat and contention than at any subset- Tient time. At that time, a society was formed Ho remised the cause of Parliamentary Reform, of which he. had been a member. That society end its different members collectively, and individually, had at the time been ouch misrepresented, and sahjected then, as the friends of temperate reform were now, to considerable obloquy. • They had been held out as no sincere friends to reform—no real advocates fur the rights of the nation—be. cause they were not - prepared to4ispport, what was then, as now, called a radical reform. These charges had been communicated to them by a so ciety formed about the said time, •for promoting constitutional . information. The answer to that communication would skew what principles of re- Gan he mid his friends entertained at that time. This answer had been signed by his noble friend near him (Lord Erskine), and with their Lord ships' permission, ho should read some passages from it. [Here the noble Earl read various ex tracts from the paper, to the effect that the soci ety never entertained the wish that the plan of Parliamentary Reform should be carried into effect un the principles maintained by the other society; that they would not encourage innovation, the probable consequences of which no wisdom could foresee, nor no skill prevent or put a stop to; that they wished no change but such would be con. sistent with the principles of the Constitution; that they desired to reform the Constitution, be. cause they wished to preserve it; and the answer ended with a statement, that the would break off all further connection or communication with the society fur promoting constitutional information, in whose views they could not concur.] These were the principles which he then, and now en. tcrtained. Theestraets he lad read would shew the opinions of those with whom he and his friends then renounced all intercourse or connection. Fffech opinions he still condemned; and now, as theft, should renounce all connection or inter. course with those who entertained them. lie would not be so uncharitable as to impute criminal two. tives to all those wholseld such opinions. Many of them, lie was ready to admit, were actuated by no improper or unworthy motive, however they might litre been imposed upon or 'misled t some, how. ever, he could nut altogether acquit. - The path they were treading was dangerous in the extreme, and called for the must vigilant attention to pre. vent any injurious consequences. Whenever the people should take up the question of Reform temperately and affectionately—for ho doubted much, whether there was at present any very ge. neral disposition to that measure prevalent—there would be some prospect of accomplishing kin a manner consistent with the security of the Coil stitution. But until that shoul.l be the case, the examples of the other oatieas of Europe should deter them from any precipitate at tempt to, carry into effect a measure on which the best interests of the country so men. deneeded, For his own .part, whenever be' shonbl give his support to .such a measure, it sboeld he open the priueiples he had already lelttiOnWu t Awl „wure approved by eatho •rust ~~11 • ,t --,-,--a111... THE STATFSMAN iv ... • wee tewhom be bad referred, and not nisei+ the views or principles of those with whom be uniform ly'resiounced all connection.—lle could not have avoided stating so 'ouch upon this most important subject, beeause nothing, in his view of the case, could tend so.etfectually to frustrate the wishes eF those it ho were friendly to temperate and prat. tical reform, as the attempt to force a reform by the clamours of the people. If ever the Govern sent shonI•1 take up .the Measure, there would then indeed be a prospect of its being mecum. 'dished without any risk of inconvenience ; and the more his Majesty's Ministers reflected upon the subject, the more they would be convinced it was a measure indispensably necessary to restore the.; decayed energies of the nation to revive the lost con. fidettre of the public, and to promote the best inte.; rests of the empire. In proportion, therefore, as this rptestion was agitated by the pfeblic, he was de sirous that his principles should he known, be. cause they appeared to him the only principles up on which reform could be effected, without endan. gering the security of the 'Constitution. - But he was still more anxious that these principles should never be lust sight of, in reference to a question which affected the privileges of that House, and of the other Howie of Parliament, now al•wr attacked. fie was not disposed to do any thing so improper, as to enter into the consideration of a case ilteu submitted fur decision in another pl.tce k and more particularly, as it might eventually be brought before their Lordships. All he wished to do, therefore, was to state some general princi. ciples upon the subject, in order to correct these pernicious errors which were entertained, and MU. dioesly circulated, respecting the privileges of Par. lianient. These privileges clepended upon their acknowledged public utility; and the indispensa. ble necessity of their existence. If they were not founded upon these principles, they ought not to be maintained, anti the vsercise of theist would be unjust. These privileges, therefore, he con. tended, rested upon their known utility, and the necessity of their existence ; and were conform. able to the principles which pervaded every branch of the Government. They were evi dently supported epos Me same grounds as the common law of the 'intl. The privileges of Par-, liament were given for the purpose of enabling the two braitchowof the Legislature to perform their respective functions. So tar as they were neces. say, to that end, they must possess them, but lip farther ; and all such privileges must be inherent in Parliament, whether sanctioned by a written or any other law or not. It was necessary that Parliament should have the power to protect itself from obstructions ; to protect its legitimate au thority from being slighted or questioned, to pro-, tect the freedom of its deliberations, a privilege which was more immediately connected with the rights and interests of the people. Whatever power or privileges were requisite for all these purposes, 'Parliament must possess ex necessitate rei ; and if even such power should be carried to the extent of imprisonment of offenders, it should always be remembered that it was,exer. cased solely for the general protection of the liberty of the subject.-- - -Against what was it that the privileges of Parliament were in• tended to be a guard ? Was it against .the in. finance 'of the Crown ? 'Most certainly. But was there nothing else to be guarded against ? Were not- the calumnies and slanders vented against the legislature—was not the cieiuns ardor prams jet. bentium to be also guarded against, es well as•the influence of the Crown ? This, then, he cane tended was the trite doctrine respecting the privi leges of Parliament ; and these-were the objects for which their Lordships Wert called neon to assert them. • The powers of faClienseat must be commensurate with the Misc, and exercised inter. nally and separately by either Inure, without re. coning to any other branch of the legislature. These were the doctrines of our aneeetors ; these were the doctrines Uniformly held out since. ' the Revolution; these were the doctrines which he had at • all times maintained,• and. would ever adletits to. it would, he believed, be readily admitted, that the Revolution had saved this totintry from arbitrary power. Who ever should tilled Upon the history of that Retro. lution would be convinced, that if Parliament had not then exercised those powers which had of late been questioned, they would nut be now debating as a House of Parliament. Bet even in the pre. sent times, when it had become the fashion to viii. fy and defame public men, these doctrines had been• sanctioned by great authorities. The late Mr. Fox, whom no person could suspect of nut having been a strenuous assertor of the rights of the peo. ple. had often contended in support of the pri vileges of Parliament. His opinions upon the subject had never been controverted by his great political rival (Mr. Pitt). Mr. Berke, too, and other eminent men of the day, had maintained the same principles : and when SO many persons, who differed on so many other subjects, agreed upon this, it did not require any great exertion of charity to conclude that they had not all conspired against the beetles of. the people, and in support of the privileges of Parliament which were not %pi so& eutistitntionat. It was an old and a sound obser. cation, that even laws, not put in force, if ntr inconvenience resulted from their existence ought • not to be repealed without proper deliberatioai and the moment of their repeal often proved the wisdom of their enactment. 'rho same observe., tion would apply to the privileges of Parliament, which having been supported.hy all the great moo. of modern times; and uniformly Maintained since , the Resolution, (slight not to be*tiow precipitately repealed: - But it was not upon the ground of au. thority that he should rest the defence of the privileges : they were essentially necessary for the, , performance of the fooetioes of Parliament, and ought therefore to belong to it. .110 was aware of the populer argument, 'which were generally employed against these privileges, six. that Parliament was a Judge in its own cause ; that it punished the effender without trial ; and that for the injury thus inflicted, 'there was redress. AII this he was well acquainted with ; hnt sorb a power was nothing 'nitro than neceasorily holongt.tt tg brour.ll fif le;islature, ingasitnnq . ; • • • L.; exercising a supreme power. It was not fair to argue against the, privilege from the abuse of it. if Portiamcnt'aras to he, stripped of this privilege, timid -they, on the mime principle, lerre to the ,other House tho,conititaptl of Illepublie purs e{ ' fir to the Crown. the.command '41)4 &novel of the f‘a et and *coy ...Ptsoc 0 4 4 WVi r ktbecome even of f Ories akol their l'eneflonsl . i irtt they found Slaraeris Burdett represetillog tiftnielf as a mar. , I tyr to , the good old amine for which Hampden bled, attd, Russell and 5j dney died. But these il. lustrions !martyr; lo ; freedom had not sefferual its consequence of any Contest against the privileges of Parliament, or by an exercise of the tyratinicil power of a Housed Commons; but because : they hailltot the advantage of a fair trial by jury, ia consequence of the wicked interference of the JIMA detestable government that ever existed. 'Longa these eminent patriots had stiffend by an otiose of the trial by jury, that would not be a goOd argu. ment against the advantages of a trial by jury ill all cases. lie begged, therefore, to call the wen. tien of their Lordships to this question, as most impurtant to the security of the liberties or the subject. But it might be asked, whether they should give to the flow of Lords, slid the other House, powers which were not given to the King? This argument. however, would not stand the test of examination. The functions of the King were those of qracc, of favour, and mercy; and for the per. formaoce of such functions no midi powers a we ne. misfits . ; because they seldom, in their exercise, came in conflict with the passions or the prejudices of the public. Besides, the King had other efficient secu. rities, and did not, therefore; want such powers. Another good reason why 'such powers had not been annexed to the Crown was, that the King was an individual; and it might not be wise to givesuelt powers to an ind cidual who had also tire command of the army, and the whole bales/tee of thegoiermeilt. Parliament, on the contrary, originated ail the re. venue laws, and various statutes imposing restrie. (ions or burtheus °pm' the public; which would be likely to excite discontent amongst the people; and consequently Parliament required privi. !eget for its protection. Be hid before referred to the Revolution, and should ask their Lo,ollll'B whether they forgot the violent mobs which had been excited in support of the dos:time of new. resistance—whether they could put out of their consideration the mobs and the hypocritical cry, • which for the ,wt. of purposes, had beeth at later periods, raised under the sanction of the Government?. The privileges of Parliament, therefore, werelosu44.4 upon the obsolete news. sity of the case ; anti with a view to the maintenance of that freedom of discussion, which woe 'so inti. mutely . and essentially conuected .with the rights and .liberties of the nation. • if • this were so, tlkei,' . lke. *Ovid ask, what ,was tho:dertger that this power would be atatsediV iAd this seg. !tested 'Another question, whelk** Parlitalleat had the power to, alma ? TOG power had, unquestionably, been exercised in the beet times of the Constitution, though he would ad. mit that there may have been Casa lately in which it had been ezescised, when it would have been . much better for Parliament to have furberne. ila should deny, however, that the power had ever been abused to the oppression of the nation : sod it was, due, in justice to all Governments which had the administration of public Whirs, however he might have ili&red with some of them, us kn. portant questions of 'national concern, that they had allowed w as great .a latitude of tlisenasioa at was consistent with the interests of the Guttered,' invite, and the freedom of - the -country. Could this lenient and fortiearant practice have osisow from accident, or was it owing to portico/at fa. diriduals, or .to particular periods ? Or was it' • • en; on the contrary, the result of a general principle, 'Which was acted upon by all Goverio.• meats, and which was not liaWe toiegenerete We' ' Oast? But at alrevents, Ike-Parliament was aecered against this abase, loy ; ,tfte,`rety nature of its: Wad( Olen. -It . as its not easyba bane.. a number of perms to agree to an actodzopprtiasiew; and parti. ' culanly'ital heir own members widie'equatly subject' to thepplyo) and consotpnently bad a direct interest in not oppressing:the "people. • But even supposing' the members of the liumperof iCommons conspired together for the abuse of their power, would sot the other hretteltes of the legislature afford seen. rities against the soutinnance of the evil ? Their laurdships would have jurisdiction judicially Nowt • soy such question if brought before them ) mulling Crown could interfere by the power of dissolution; The only danger of abuse, therefore, would be confined to a conspiracy between the three branches of the Legislature, melt of which had a endear. rent but separate security against any unjust of oppressive able of the power of the other breaches. • But such a conspiracy was too monstrous to be contemplated as possiWe, and would amount to a dissolution of the compact between the • government and the people. Ile bad thik ' stated his sentiuteuts at more Joni* than. pers. 4 : haps he should have done, though *taw yet re.' !Maned various other . considerations irshich might - be urged upon this important (position. 'fie had ' felt it necessary, however), to elate thus -meth, iti order,. it possible, to bring back these who ape peared to entertain • erroneous opinions; sweet it subject, to a temperate consideration of its instare, and Lionise of the ceneesinencre that might Weir ' front the accomplishment of their nen Views. 'Mt was fully sensible of the danger lie inewrred of misrepresentation, and foresaw the oblnquy to which he should consequently be astiased, It oftsrubi have been easy for him to have totes r itio popular side of the question, and courted t the applause of the people at the expenee of shay eerily and principle. list such a course wee lit.' ' ik suited to his habits, and still less' cOniiiittatt' l stiith the feelings and principles by whielts" .B public ,conduct had always been govisetied.iitiflial • was settaililq . uf. the effect of those eats whits" ie- • quired twit/ave.-talents nor virtues to practise ; but " on titP,ennteark, succeeded hest its the absence of ; moth;. to vilifying . and calumniating the characters of Poillitt Inetts•i. 'Or-beheld with indignation and ' slit pcs thttbieatt_litlificeti of those, who, renoone. ing.eil the ,ebligaiJoes ef faith and honour, and .iteeiskinkthrongh all the heads mid engsgeriseeste 1; iliaLO(l.l/1 1,40 . taaiOns.iiiiiefiqi . suriczy iskpumule. • , i. .! . Lik