The Statesman. — London, England, 1810-05-08 00:00:00

Capable of defending us from the dangers -that surround us, or whether, on the contrary, the existence of these dangers, the crisis in • which we find ourselves at the present moment, when our • all is at stake, are not mainly t% be attributed to the misconduct of the Minister, to whom the government of the country has been entrusted ? If any man, in the course of the discus. lion, does mean 'to take that extensive view of the situation of the country, which can alone enable you, or, if you carry an Address to the Crown, can alone enable the Crown to judge of the meant, of averting the impending dangers, and their con sequences, one of rho principal considerationh i must b.., the rashness, misconduct, mistaken 'kw*, and utter ignorance of the true primbples of OM Constitution, which have marked the whole eon; duct of those a ho, unfortunately for the country:l have had the administration of the public &Mrs. I agree with the Noble Lord, it is not from that quarter only we are menaced with danger. lam sensible, that while, on the one hand, we have a Government that rashly plunges into difficulties end measures, without considering how they are to extricate themselves from those difftculties, or bow the measures they adopt are to be supported ; you have, on the other hand, a disposition rising in the country, not against any particular act of Government, not against any particular mode of exercising the powers of Government, but against the exercise of the legal powers of the Constitution itself. It is this situation of things, that calls upon every man, who knows and venerates the Constitution of the country, to rally, not round the present Government, who have violated the Cousinu ion, but to rally round the Constitu tion itself ; but, above all, to rally round that which is the main source of all the blessings this country enjoys; to which alone we can look for security against danger—more prosper. ous, happy, and secure times —I mean, to rally round the Parliament of the country. My Lords, whenever the moment shall arrive—when persons of any description shall attempt to violate the • in. dependence of Parliament...when attacks shall be made with a view to destroy the confidence of the, country its its Parliament; I mean not the con 6. i (knee of the country in this or that description of : persons, who compose the Parliament, and who may forne t perts of this or the other House of Parliament; but I mein of the Parliamentary Constitution of the country ; if elrer: the people are taught to look. fur relief; for safety, for hope, but to, the Parliamentary safety, and the relief and hope to be derived from that source, it re. quires but little gift of prophecy to tell them that they will be deluded to their destruction. For, my Lords, from Parliament, the liberty of the coon. try originally sprang. All the wealth, power, and prosperity of the country, have arisen from Par. !lament, and are to be attributed to Parliament. — Whatever can be done within the walls of Perlis. - client, to promote the interests of the country, and to Selects its constitutional liberty, ought to bedew, by Partiatoinr. lam convinced, that 9 by Perlis. went, it may be done. But, my, Losll4, for, the faithful discharge of that duty which. Perlisinent owes to the country, it is the lint and priegipast duty of Parliament to maintain and used these privileges which were given for the beuefit of the country—privileges which have• uniformly been exereised for the benefit of the country, uod Cannot, without a species of treachery, - be abandoned. Without those privilegee, the ex ercise of which the people have been deluded to contest, a free and independent Parliament starer could have existed. Whoever knows any thing of the history of the country, trust be convinced, that • an Independent Parliament never could have ex isted, without the privileges and the means of ester. 'isles them, which are now disputed. Without twee powers, which are inherent to Parliament r and serene of the particular privilege, which, it is !slow said, it Is for the benefit of the people to pre 'teat the exercise of, Parliament could never have ' ifeldeved fur the country what it has. If! the per, sons who oppose this privilege should succeed is depriving Parliament of a privilege so necessary to its smietestee, it will preveut its asserting its own independence, and of Maintaining its own dignity. If they should succeed in depriving the House of Parliament of their privileges, and of driving them • to other quarters for protection and security, from that moment Parliament ceases to exist as an Ingle. pendent Parliament. Under such a system, Par liament never coal] have raised this country to what it is. At the period when our ancestor! established the freedom of Parliaments, at the commencement of the reign of the Stuarts, at 'that particular time it was that this instrument of "larliamentary power, which is now contested, was the means by which the freedom and liberty of the chuntry were effected; and, if ever Parliament roe linquishes that principle, they despoil elmaseekell of the means of affording to the Crown that nee; City which it will receive, rather from Parliament than from those who profess to be better f 1 rio to the Crown. They will deprive Parliamen t; the means of doing that which Parliament has ever I done; I mean, of -maintaining that liberty whiny', Parliament alone has established, and can alone secure the continuance uf. Whatever oircum 'Made* arise in this country, I will never desert the studard of Parliament—round that I will rat -Iy, because I know, and am convinced, that, upon the independence of Parliament, depends the best interests, the prosperity, the tranquillity, the free. dom, and the independence of the country." Lord EItSKINF said he felt himself called upon to say a very few words to their 'Lordships, although he was afraid irregularly, as there was no question before the House. [Lord IL •was here told that there was a question, theft!, of form, that the house should be sammorsoCthat day three weeks.] —That being so, he cupid speak with more freedom upon what Appeared to hint to be a most momentous subject. He said he entirely agreed with his Noble Friend who gave the notice, that notwithstanding buy imperfections with which time might have visited oar happy Constitution, it was the best and wisest upon the face of the earth, and wider whicb theta was the greatest enjoyment of happiness and free dom ; but it was impossible to contemplate that perfection without adverting to the principles _ I . .:~'~~. ' 1 which wets' its eisential characteristic. eha. , racteristic indeed had been correctly and lumine us. ly expressed by his Noble Friend (Lord Grenville) who sat twit to him, when he said, 66 that Parlia. meat was the authorof it, 'edam, like our' ances tors, from whom we inherited Cur freedomoteshould rally round PAitttfititat " so said his Lordship; "because in rallyingronnSPaumesitee,or in other words, round the King, Lords, and Coinmons, we were rallying round the Constitution and the Laws; around whleh ell were disposed to rally." It was the cause of the immediate reference to this sound doctrine that obliged him to address their Lordships. His Noble Friends bad adverted to the late exercise of Privileges by the House of Commons, and of thesessation they had created. If they alluded only to the disturbances in this great city which they inhabited, he joined Its la. meeting them ; but if they involved, in this gnaw went, the legal resietante by those whe been the objects of them—if they *Weida to actions, which though not pending, were in immediate prospect, he must declare that he considered it to he a matter of the greatest inagni. tude and importance, which the laws alone ought to determine, and with which their Lerdships had at present no manner of concern. If the Pri vileges of the Commons under the Constitution had been invaded, the Commons wanted no assist. ance from the Lords to protect them...the Laws would protect them ; and if in the invasion of their Privileges the Leeds' Privileges were by ana. logy invaded, it less became them to be forward in their assertion ; more especially as the question might come legally and judicially before .them, No man would more zealously &fend the Privi. leges of Parliament, or of either House of Parlia ment, than he should; and lie admitted, that what either branch of the Legislature bad been for the course of ages exercising with the acquiescence of the whole Legislature, would, in the absence of Statutes, which would be the grand question, be evidence of the common law of Parliament, and, a' such, of the common law of the land. ,Thu ju risdiction of Courts rested in a great measure upon the same foundation • but besides that, thine pre cedents, as applicabl e alike to all of thee', were matters of grave anti deliberate consideration — they were, and must be, determined in the end 81' TUE L&w.' lie knew that the contrary was insisted upon by the Commons, when- they committed Lord Chief Justice remiterten for holding plea of them in his .Court ; but so far was he from considering such a claim as matter of argument under this Govern. meat of L'iw, that I say advisedly, said his Lordship, that if, upon the present occasion, a 0- miler *tack was made upon my Noble and Learn ed Friend (Lord Ellenburough) oho sits next me, forthe exercise of his legal joriediction, I .would resist the usurpatiou,with my strength, and bones, astri Wood.. Why was may danger to the House of Commons or the Country to be anticipated by sober appeal to the jadeite* of the Laws? It his Noble and Learned Friend and hisilrethren the Judges hall 410 in tied joky, vat the Privileges of the geese of. Commons, they ..aauld say they had nu jurisdiction. If they thoeght they hail, they would give a just decision according to the (acts avid circumstances of the case, whatever.thermight late Theie fasts sad circumstances are considered, how. ever, too clear for imptiry ; yet the Kier' At. urncy General sod a Member of the House of roaintons, When called upon by the Serjeant• for t oilviee upon - the subject, was. obliged, and most properly, to admit that there wee no precedent to he found fur his , forcible proceeding, and that if death ensueiGlier weld not nadeetalte to insure his agaieft 0 10. leativiethea, and an execution for murder. Wes this the Omelet of an itnntetnorial and an acknowledged jurii. diction ?. But it was said that there was .an end of the Privileges of Parliament if they moat pray in aid the Xing, or any other authority, to - support their jurisdiction. Yet, in the very installed alluded to. they were obliged to pray in aid the King...no his laws indeed, to which the people would have ;mid the must implicit obedience, but of his bayonets, which, 'when contrary to law, they would resist., lie de- sired to warn their Lordships against too hasty a resort to force, until right had determined its application. It was a dangerous resort, which never could be necessary in the government of the British people, when the laws were en the side of authority; lot the laws speak first, and if they were disobeyeil l the people, instead of re. listing, would obey, an I execute them themselves. There was another view in. which this question must be looked at. lie was giving tio opinion whatever on the subject,' but stating rielr thereto. Lion. Suppose there should -be positive statutes upon this subject, before the possible origin of any jurisdiction of the House of Commons—it was con. tended that there were..-he was still giving SW opi. nion •' but suit not open to the subject, if. he were advised to plead such statutes in bar of the privileges in the ewes conteolled for? arida:J.ld any authority beta Court of Law over.rale such a plea ? could the Commons themselves resist the elfect of such Sta. tutee, to which they wore writes ? There might be Statutes, indeed, on such a subject, which, except in form, wanted no judicial cogaiesneei cause every man could •read for ,Adeseelf. If a written law would bear $ o. iniorpritatlens, and I the wet st interpretation had been gists to it by a series of decisions, that worst interpretation was undoubtedly the law ; bat where a statute, 'peke clear, plain, unambiguous langesies• the people had a right to the protectiou of its letter, end they ought to insist upon that protection. The Perlin. meet might repeal it; but whilatit wss a Matnte, neither the King, Lords, or Commoaa, or all 3 of them, had any dominion over it. It might appeal he was putting an stoat iospossible bot un that very ground he halt defended trees death the' subjects of this country, and perhaps ale re than them ; their Lerdshipe might not We beets sitting t" 44 7 i 4 it'so• Wit these grounds he had, not saesespfolit—tWended the dotolino of the law& He Wos t lhon twig theta earsspiriKy to levy Wind the King was treason, as ian *Mack. natural life et the Log ; he had said, Millethestatois of Edward lip. snider any , had said no abo. Ms was told that wa a STATESMAN. Lords Halo and Coke were he had answered, irreverent respects rightly, that their our against a positive', titian** , many large dies 'buzzing, !should for ever maintaii said, " I would rather l' mit to any dominion bin 1 the law upoothis subject, any of your Lordships not : and it would be criminal to surrender or even to withhold my opinion." If Ise had - been warm upon the subject he must be pardoned ; he could nut alter his nature—what he had ever been through life he mint be to-dap—what had been the character of his mind and understanding must coo tinue to be its character. lie made uo apology to his . Noble Friends for this expression of his opinion. They would little deserve the character they justly bad in the country, if they were capa ble not merely from courtesy but even from cue -- Science and affection to compromise opinions upon such grave and important questions. He was most sincerely attached to the principles of those with whom ho bad so lontacted, and particularly M his. two Noble .Friends, whose unquestionable integrity and superior talents entitled theta to the great station whiels they must etOr hold in 60 inpioiont Of mankind. It , was to secure that pre .erninenee that he made theeeebserlatitm, because he knew that nothing•could ever secure •content. sent and happiness is this cosotry, but the ran- TECTION AND DOMINION OW TM Law. ,The Lents were ordered to be summoned for this day .three weeks. CAMPAIGN IN SPAIN. . The Marquis of Lansdowne fixed his motion re specting the Campaign in. Splin for Monday heat,. fur which day the Lords were ordered to be sum moned, . Adjourned till to.morrow (this day). HOUSE OF COIMMONS, MAY 7. • 1. , '.. Mr. BYNG Irld in his band a Petition against the Lamle" Commercial Dock Billouut moved tbut it be btuoghlt, 4 but the motion was *Noticed witittoU' it divifina. - Mr. TA Y6O It poipoised hie • notleir- respecting Sults •isi the Ciotti of Chancer y , that supp , d tug , Tuesday, the TM init.,' to the Friday following. General. LOFT brought up * Petition, stating dint air, gross iniirepresentatiner had been made before the Commit $ on the Rotherbithe Dock Bill, aid praying that the Islll/0 re-committed. He moved that It do lie mi the table. The SPEAKER observed, that as there was no imp** Lion of fraud or corrupt practices, be very much questinw ed the propriety of reccivlogthe Petltion, and of thereby 4e, horriug the parties to the Bill, which they bad. been u' 'Sift prosecuting, from receiving the, besefibt. they .eight derive on the passing of the Bill. The Petition was rejected with out a division. Mr. -CAMPBELL brought op no scenes? of the toire4 tronsports in the public service. dalingslitiqng their statism, Sec.—Ordered to be printed. Mt. M ANN ING_postported the third reading of the Lee. I don Dock Bill, to Thorday nest. , Sir.,S. ROSt ILLY pol,tvined his _police respecting the Convict, seed to New South Water. to Thamilay vest. Mr. 11. SMITH possponed his native that aloud for this day, respecting Cutleries as Gliunargaoshire, to this day silo right. LETTER TO TILE WINO Of SPAIN. Mr. WITITBREAD inqnired of 'the Right `flon. Gentleman (Mr. Perceval).,Whom,hu saw in flis,plaee i .If khe i lettfr that , bad appeared . is. the' Lee • liettspapcif, p_nrporlins to be a lette4rom ' his a 'bis . jesty to the Kin of Spain, aid counter 4'silin bythellerquis Wellesley, were in authen. l- • ? - be copy .., • • The CI(ASCRLLOR of the RZCOF f QIJER:' replied, that it ; was iwt.rovrilesit 0 *newer. Ake question_. niit 44 !i 0 ,00.,* 1 that It was at all essential - Id* WWII Oftftiithat it should be an. , Mr. irtil s t altirttrepntpd his question ; ha On, chancellor ~ 1 14 , Sqebeipier persisted pfsir ! alting th p it erff Asit enaveniesst to en- Or it. tk i j '. • '‘allft F. stfittirt +vitfteci ft TO TA 1.?.:“.. • : • . ' .111PRAKER. . . :. •.t ' • • ..The SPEAKER. thought it .ismembent osilm, before the House proceeded.td sway other business, to call their stimulus islthe two menu :which he .bad received. from Sir F. ifuedeet r signifying his intention to proceed against him as Speaker of the House of Commons, in.tar Court of Law,* for a trespass, dm. and mbick.notiees he bad commitni cated to theta beforeAtbe Easter Recess. • As the Law Term was now: approach*, be conceived the [louse ;Hight to take iota coasideratiOn the proceedings had, and ,ta bs - hed l i.oa a subject .00 deeply interesting. ... . ..--„; , ).. .0.. - .. '.. The CH ANC ELLOR. of . the .11XCHEQUER moved, that a Select • Conunitter IN:appointed to take into consideration she proadsdings . .had, wad to he; had, with retinues. to :the notices b( Sit F. Bartlett. , ' . I. • ~ - ..... • Mr. WHITTIftEAD• wished that Abe Right I Hen. Gentleman would state the grounds on which Ise moved fee a SelsoAkeemitheri- ••htsek.tiniedwel , .elf peed since the.siotices• were first domartiiicated .:the•Huuse, nod the. taro' of notice had almost It il epireil. The Rights Ilea: Galactose would, no doubt, be table to state..his rations tor: anakiog Abe 'notion ; hit had, sat it, esshkaot be 'espposed I but that ho had, turned his . ..A*4o6on to the vies ',Alan, particularty.is be mettosmersidert it to-thi se elous coesideratioa or. other )iteiwbers baton iNi The CIIANCELLOR of the; EXCHEQUE , R ;thought the ilosseo Welt be Wiwi ibis to ditcog. the question from the advise she, might necks from a Select Committee. "•• ;. Mr. ADAM objected tO•thelnotibn In ill present .etale, because ,the .terms of :it wore too•ge.serat It was his loteetleio to, litektain the privileges f o r, t fitiloion, and. het *koala ostwesseat to 0,0 Owe asps**, body Ithe defaces ot - tbe I:riviisopt .1 that Mona : it wt s ,corapetwitio the 4014111/4 , of its own fil ' t o 'c:i :: • .%; : I I kt, :. The IP % • MsUd,tthat theleptiotorpo ; tot worried as s .seslt nantb. l llllo4o4l7'.nen lAA, , aggepally &Meet, '! s ibeg 'An Coptamitlett dr. • 1 their. efreeseatium-tbefeN t r ~ft Abeie. t 1 tiiersoa" , -.or kr ertlii3Osiema inielinffeetJ ' ' 1 ',, : The CHANCEiJsOR for.. the , rnagiUtri ilsea. added, 4 ,410.11010.41ter de ripen their epi, 1 uillen thereise.s!,,,,, ~ i '•• , v . •i..;41 1 1. ADAK visilii e glint,.the Committee siteeld, l -be. restricted i tags Units report of theta, mot dist ' they Ilitnutd In ht.seMtud Week!' their report.enli4, certain day. The . SPEAKER observed ) that it was eat Tbettise. estdiefirve zE r .ag bad ti me * att to talie s thir un, and havi tr ng reconinsended the consideration of the criestion others, he could out conseut to delegate the p ower n and authority of the um to a Committe e . le the House chose to be led frogsone step to &p o th er' from difficulty to difficulty, they would agr ee to the motion of that Right lion. Gentleman, who had shown that he did not untie:l-stand the geese, * he had taken In hand. He should vote against 114 motion, thinkiegit more hoPoareble to come to • decision immediately, tau to incur fresh difficul. ties by supporting it. Mr. PONSONBY observed, that motion en in consequence of the Speaker's communication to the House, •and that modem too was fur a Cm. mittee to obtain advice as to the line of coodact that they should pursue. He thought it a .ques. ' lion whether a Committee was not MOM calculated 40 raise * difficulties than to remove them. tee m they received the opinion, e. ere they to follow it! And it was a question whether even a report of facts were necessary to enable them to come to 11 citation on the matter proposed to be referred to the Committee. He did tint prettn.l to give any of his own, and he thought it adviseabla to adjourn the prose t debate. Mr. Secretary KY DER. sai I, that hit Right ;Mon. Friend (the Chancellor of the Exchequer) was only following the example of others, to ap.. point a Committee on an important and a difficoft question; to exa:nine for precedeuts, and to re. eon their opinion on such examination. That . was the mode of conduct alone that he thought it became the House to pursue. •No time would b e !lost, and he thought the report of such a Com inittee*would enable them to 'decide with.mure sa. t ie- act i on ; b o th t o themselves and to the country. Mr. W. W.YNNE wished that the Committee 'should be to examine fur precedents, and fur that purpose alum.. Mr. TI ERN EY observed that it was to be re gretted that the Chancellor of the Exchequer had not takei into consideration the difficulties that were likely to occur, when he so streuuonsly ar. geed fur sending Sir ncis Burdett to thereat. That Ives an.iostance of momentary vigour, and the Rouse were left to get out of the difficulties sathey could ; for the Gentlemen opposite did nut know what was to be done—they wanted ad. vice; that was the result of their rash conduct.— lie would stet *union the motion; for ha would not part with his privileges, as a Member of Parliament, to any Committee. Ile concluded With snoring tholthe intact part , isf, the question be omitted. Mr. IDIJbIPAS could sot conceive upon what ,ertneiple.tbe persuns who had voted a censure against the conduct of Sir Francis . Burdett altudd now be diareett with weekness and ignorance fur nut being able to fumeo that would be the re. suit of such a measure. The Hole Gentkmaa (Mr. Tierney) had said that the Committee ought not to.heviebeen eared; ete bit speeificoeinion. 'But the fact wee, it-eraa not iatendetikt refer to the Commiatee ;whether a breach of privilege bid been committed or not, butfor them to iiiquies what wet the beae.course to be pursued, and to seeeelefeemedetits in order to guide the whole Ilouseoseq,what would be the most adviseside plan its the present exigency. limier these tie. cunistances tie did fist think theta would be any ,impropriety in delegating to the _Cesmatitjes,eisp power proposed • by his ;; Sir ARTHII.I . It:IIGGOT obsessed that it WS now three weeks since a notice had been sent by Sir Francis Burdett to the.Bouse, of his intention to bring an action against the Speaker. for having broken and entered_ his daellistg.house and cult veyed him to prison. lie . did not cuoceire that any. blame was attributable to his Majesty's Minis ters-fur. having .leted the committal. of that or to the Tower; but he . t.l . smfit. they Iwo . bigisly censurable fur Imvitsceegered so Mg period as three weeks topipm,eswe• in 4.e o eelite extraordinary measure he had.. adopted. Opcaker bad acted in obedience to the comment; et tho House, and on receiving the notice alluded to did his duty by communicatiog it, without loss of. time.; it was then ordered to be entered on the Journals, as a matter of course; and from that Barg until the present no attention bad - been paid to it.. Such a notice was a proceeding entirely itew t and net alone unknown since the Revolutitia, but bad never been knowu before. The privi. Imes of the House of Commons had sometimes been tieltioned ; but it never entered into the imagination of any man thaten:action could be • brought against the Speaker., ;; lest - slicer 0 4 4 14 bile occurred where: actions had been brought against the inferior officers of the Howse; but sue) a monstrous and unheard of •novelte as that which was now under its view had never disgraced the history of the Country or Parliament. This was (Me of: the noreltid 40teedeeed . in opposition Ao *tfie• Constitution, lifthblettivliarly characteristic •of the new school, mhielk disgraced the present times. Yet, notwith. standing its siegularite. -it had not excited theholat ;Sealed of Ms Majesty's Ministers, from w e' ifilffilliti oll ,and 4 rmaa the influence they had over the ;deliberations 41/ the:Roust, it was natural to sup• isavolhey weultaet have suffered it to pass as an ;Ordinary traumatic*. -Wens ordered to be en- Eared oft thirifouttoals, .aad • beyond that no step ithatescr had keen taken—this' extraordinary aid epattinepaper, called a notices passed by as if it mottainad'nething calculated to excite attention. Lffsichsiglect is he contended, might be productive wf the most pernieiens and serious consequence,• saribils.tfitteinety imprudent, on the part of those -1,111.0ns who bad recommended the measure adopt. :ad by the House (the committal of Sir Freesia Burdett to the Tower) not to bays paid some • at tention to tills subject, and coatinc c d the world ~ \ • - ---- ""79*".411 • . . . . . . • ~. nom - ,- - - ----N. , _ rere splint him; to which usual tO .llllllllwall— Speassy '--` ' Jay for the Coni — mittee7 "6lll— o make ' rently perhaps, but in other their rufitlr s ti L L .:.-1.,.. sir authorities were no more .he $ AIERWtion put the motion as follows : mbiguons statute, than so 'h. 'that a Select , Cvdtmkpee be appointed to lake g,against, 4 wall; and se he • to eunsiderutisli the ryceedings hail, and to b e tain. Lard Erskine here 'bid, With refereace lo (fp notices of Sir F. Bar.. r die, my Lords, than sub. den ; and that they rapps:t such facts as they mi g h t it that of the law. I know A isik necessary, tooth! with their opinion the ft , :et, my Lords, 'as well as ts,' s tsi the II ouse.'". ~ I;it is impossible I should Ali....Wlll'fliftEit.t) objected to the motion. ...im;.l sn surrender or even Thi?Chaecellor of =the Exchequer, haring bad time P 1..... I gr i be ( 'II I b 1 1