The British Press; or, Morning Literary Advertiser. — London, England, 1810-12-28 00:00:00

li tine.tioned in any inferior Court. I cannot express my seisi;re.e..ts better than in the wools of Lord I n .k a mans part in the iii,elle, , loll of 171 e. ...s1 .sno had a particular coerce:toes, and ac. sr.cy air. iciness, l c his sentiments upon subjects or that a ...tie. Ile said. that the Great seal ww su itistruitient by winch the King spoke; that it war iuveriably the inouile-of the Royal Authority; and such was its psi - visor, that even if the Lord Chancellor put it in use, it could not be questioned ai.y where. Even the Judges could not dispute its authority ; for whenever the Great Seal was affixed to a IltIL it must nenesoinly. 1w law of the land. Now, 111 in stating this doctrine, if is ethicist that in Parlla . meat clone it is that a Bill 0:110 be quest . A. It I. in the power of Parliament to revoke it, if the Great Seal has Lorca improperly applied. An in stance of this occurred iu On attainder that was pa.-ed in the last year of King Henry the i'lllth, an Act whim was isi 'owe d uring t h e re i gn of RI vard the Vltli ..nel V Ilth; and sioshiug is to be landerstoad regard .ig it th at contravenes the doctrine that - I have laid dorm. On the con trary, it proves doctrine, that if the Lord Chancellor slid cn illegal art, it iv in the power of Parlifonent to correet it ; and it proves that the act was to ne deemed legal, till it was re voked by Parliament. !Joon this subject. I ant ready to admit, that if the King he capable, the two Houses earnest legislate without his an tbority ; but if he be incapable, we have no tether means of legislating. The common pries ante end view of the matter is, not to legislate parriaily, if you can legislate generally. It yea have u iiaturnl defer' in ni.e broach of the Legisla ture, II you must come to that point which is nearest in tier whole three, in order to complete an act of authority lay that which remains. We must either pursue that mode of legislating, or du no thing at all. We must exert our legal authority by the best meant and forms winch we hove, and we have then the eat sf ici ion of knowing, that OW act of authority canon• or disputed, except by Par liament itself upon te •nable groend.. We most come to that coarse of proceeding which hears the gr mist analogy to the Constitution of the CO:111. tev.--I defy any of your Lordships to state a single instaact, where a power of this nature was ever given or granted when the CfUVIls was full ; but I can shew you numberless instances wnerein it wee otherwise. As to Ilse precedent of 168 a, of winch so much has been said. I do not think it necessary to go into it at any length, hut merely to observe, that it can bear ao analogy to this present question. The I • aple of the present is, that the Crown is NIL the Courts are ipso. so d the State is alive in all its parts; whores?, isi the Crown was vacant, the Courts were shut, eeeiy situation was void. the King hail quitted the king dom, and carried the Greet Seat with him. Tli..t I think is a pretty strong authority to chew of what conseq.sence the Great Seal Is. You base, in fact, no univer at all without it. Our ancestors acted upon that occasion as wee thought expcatent for the exigency of the case, as the Constitution itself was dissolv.d. Another authority that has been cited. is the prece dent of the Irish Podia. -- 'Mem, in the yenta 170-9, wherein ibe unpile by Address; was adopted ; hot then it is to b.: ub- Served, eleti It wet not a proceeding of rim Legislio. s• tare. with all its powers' then in existence ; and to 4 the immortal credit of a Nettle Marquis. whom I ' do not see in his place (the Marquis of Bucking ' hum), he protested against it. You have therefore • ....most ag..intt the proceedinga spoil th it Ad dress, which does away the authority of that precedent. to the year Inou, when the Union of both countries was adopted, these v-ere considera. tons urged in Parliament fur that great and salutary measure. I think, therefore, that under all cir.. cauastaaces, that Irish precedent is not one that eon he relied upon in the present instance. 1 have " hitherto considered oar present situation as appli cable to the precetleitt of the British Patliaineut in 2788-9 ; and if I point out all the stages of those former proceedings, I'll widertake to say, that it clears our course of all doubta that can possibly exist. A month had then intervened between UM Majesty's indisposition and airy proceeshoga hi Par mint. When Parliament wet, they referred it to a Committee to search for precedents hearing any analogy to that which then existed. The solijcit was then most amply discussed in both lion.es, and they admited the Resolutions which I shall now propose. These proceedings then gave, if not universal, at least very general 'satisfaction. Upoo ?vb. ad, Parliament was, in lytig, opened by Com mission under the Guest Seal. That was during His M 'jet. ty's indisposition. and in the middle of that Month His Majesty recovered. On the 11th of March. Parliament was opened by it Commission, signed by His \Neely himself; and I wish to call your Lordships' yttrium.' to the speech of the Lord Chancellor, recorded upon your Journals.”—[Here Lord Liverpool read part of that speech, which al luded to and confirmed the former 0,111(1E6.1011 and proceedings of Parliament. —" If that Parliament hod been assembled hi s Commission that was il legal, th-it .11 she Ells oleic% had proceeded th gh their several stages would have fallen to the grouted; but instead of this the King roofings ed them ; and a considerabl: proportion of property retailing dependant open those Bills to this slay. We are therefore authorised by that precedent to proceed in a similar manner, as the I-gel mode of Riving effect to th'e personal exercise of the Royal Authority; suit fillin g u p the CiilVPFlllarlii. Ido with, ' , tweeter. th t three Resolutions should rind • anon their own merits, and iipoo tti •in exclusively for I think that upon them rests one of Bite greatest questions that ever sow discussed in Parliament. cooneeted with the most essential rights of the Titular, and which snake it inconsistent with Mis• itarehy itself. that any person, however exulted his rank, s mild have any right inherent in himself to exercise the powers of anvereigniy.“—'[..e Noble lied the,, concluded with moves% the three Item luenn, Which had been previonsly adopted by the House of Coinutaine,_ am! which we have a lre a dy ve i n in the former rtebste upon the subject of the Reorliey in that House. The Ist Resolution was put and unanimously carried. Up.m thr 44 Rosalntim heirirresid— &el Sreviture istggert it to he understood, t h ni . i n .if.j.-etni.t In the 'Levilotion then °tiered to their i,oethiitp,,* tousideration, in its pte.ent state, he did not memo to oppose it ou any of the grounds recapitulated by tlie NnLie Earl (Liverpool) art the other side. He (Earl Stanhope) had thought that thin Noble Lord would not hambeen displeased at the interruption he bad given Lim for the purpose of setting I • right, when he was advancing a IHOI. statement; hut he had liouglit it Miter to pro ceed—and he (E4rl Stanhopi) .1141 not again inter rupt him. He was glad that lie hail not—for if he bad meted othernise. their Lordships could pro bably have lost some of these tio:cial arguments, those extraordinary reason., which that Noble E irl had adduced tu the course of his speech. lie bad asserted, that uo aveintelit could lie made in the Courts of Jmitice against soy instrument having the Great Scut affixed to it—that latch an imam mein could not I,- doubt/al—sod that King James the Second, that greet law authority, (who, their Lordship.. would recollect, had beets expelled from this rummy for his !Ms-government) had carried away with him that symbol of authority, which was an undoubted proof of its wouderful value !-14 tau' h.)—Now he would put a case, in n Inch it ap proved to him that an averment might be made even against the authority of the Great Seal. He did not thiuk the Noble Earl (Liverpool) wits • thief, but he would suppose him to be one for a few minutes, and that lie hail stolen the Great Seal fiom the pocket of the Noble Lord seated next to him. Having secured it, summit he should then create himself Duke rf Flashing—confer on himself a pension as lar4e a., the Great Seal could give.-- and, finally, affix that Seal to a pardon for having committed three acts—Could there he no avermeoit made against such proceedings? That was the law of the Learned Lord—who, however, was not PO leariod as his learnt (1 friend, King James M— lle would, however, call their Lordships' attention to the Act of the Gth of Milne, providing for the succession to the Crown ; they would there find a clause rtlative to the Great Seal, both with regard to the apttointnient of Lords Justices, and iu o r . dinttry cases: and he hoped the Noble Lord would not pre fir the audio-oily of King James the Second I. the innvitions of an Art of Parliatnesit.—The Act alluded to explicitly said. "Anil he it enacted, that the Great Sent and l'rivy Signet. now in be nig, .101 be used until the •urcesteirs to the Crown give an order to the contrary?' How lung then was the Great Seal to be cousidered effective?— Why, simply, until an order to the contrary was given by any successor to the throne—and there was an end of the validity of the Grist Seal. Nor was there a fiecesity for the Monarch to use it when he was out of the kingdom—for the :!241 section of the same Act •a)s, " Thnt he may use any seal which he please-, and which shall have the effect of the ordinary Great Seal."—With respect to the Re solution, lie agreed in the propriety nt ii as a• it went ; beests.e the law, On orrititary cases, had settled the succession to the throne on the their Apparent —but he did out know deny Act which pointed wit the person to whom the kingly power should be de. legated in case of the Monarch's illness—and con sequently unne but the Representatives of the people bad a right to confer that power. Ou • former occasion, he hail voted on the same ques tion, and he soul., not then trouble their Lord. ships wish any argument. The Resolution, how ever, he thought incomplete, and he would siiew how it ought to be remedied; he would proceed to state his Amendment, and he then would trouble their Lordships with • few further ob ervations.— The Amendment he was about to submit to the House, would follow the last word of the Resolu tion before them, and has as follows:—" elsul until the Houses of Lords had COM/110111. OpOIS a fell and satisfactory pewf of the fact, have declared that His Majesty is sofa,' reessere , l as to lie capable of performing the duties if his lice."—The Resolution would rhea stand this- That it is the opinion of this Committee " That it is the eicgt mad the duty of the LUeda Illphitual sad Temporal, and Common., of Great Rritaia sod Ireland, non oast-tabled, and lawfully, fully, and freely remearating all the Kitates of the pro* of this realm, to provide the means of supplying the defect of Ilse Immortal raereitie of the Royal Authority, origin: from His Majeaty's said iodieposi iu such miner as the exigency of the rase may appear to enquire ; and until the Routes of bode au,l Cionnions, upon a full and satisfactiny proof of the fart, have declared that Ills Majesty I, so far ri.ciivered as to be capable of per. forming she duties of his Mice." fie thought that there could be no objection made to this propowton. It had been agreed, that the two houses of Parliament had a eumiwteitt jurisdiction tinder the present circumstances ; cod whether the Resolution was proposed in a case like the present, or in one whose leading features were weaker, still the right of decision remained with the two Houses—end no where else for if they had not that right, where ems there • power or • Court that could decide it And the two Houses having &aced their opinion on the question, there was 'to authority which could contravene it. No nun would contend, that even the authority of the ruby Council could be put in competition with that of the two Houses. They alone were competent to rntert'iu the subject. end no other power. He thought nothing could be more germs than to 'mild out a particular time wheu the authority of the Regent should be done away, • without - providing for every possible contingency. lie would out ■ ease with respect to a King, rood not to the Kong. Suppose six Physicians were in attendance on a Monarch, rod that four of the m stated hem to he capable of perfortning his Regal ditties, end two thought otherwise ; though certainly the four were posse.sed of the senio rity. yet it would be piecing the Legis lature in a most extraordinary situation. The unfortunate illness of His Majesty, which gave row In the present discussion, put him in mind of one of the most acute replies which he had ever heard. It was made by one of th• utmost barred and aide Judges this country hail ever produced ; lie alluded to Mr. Justice Burnet.—lle happened ti, he sit company with a country' 'squire, who as ' s. r:•d that the office of a Judge was a silly and • wades% one, because no case had more than two sides—and it was easy to see and declare whether it was block or while. The Learned Judge answered; that lie was very right, there was no difficulty in weskit% out what was 14111th or white; hut the business of the Judges lay entirely among the ,rays.-..-Aesti. in the case be. fore them, there were so tianraltates of dirt mice. such contrariety of opinion. that k was • matter of very great nicety to discrinsisele between them, sod act in the manage most beneficial for the coun try. No authority is the realm could•4utcute that important July, saveand except the two Houses of Parliament. The question was thee put co the Amendment* which use negatived without a divi t sjuo, Lord HOLLAND merely' rose to state Ms feWilfl , on the occasion, and tot to enter bite the merits of the Resolution, which was sinsply • repetition 4 1 that brought (toward on a firmer occasion.—lt was a Residuum) upon which there was a recorded dim (creole of opt, on their Lordships' Joanna's — and he always thought it dangerous to debile*b street questions, for the introduction of Mated there was no necessity. The person who that Resolution elsewhere (11r. Piii) stated, that, it was a matter of notoriety that helm(' not intro duced fur it the purpose of provoking discussion.— Some persons thought the Heir Apparent had • tight to the office of Regent—some thought the right to appoint was vested in the two Houses of Parliament—while others denied that prin ciple, and asserted that it reverted to the peo ple at large. All thirst jailing opinions, Wes• metaphysical nit:et:es in th:, ussion, resolved tlivin• selves into argunie,.ts of logic soil grammar. Rut all men kiwis that there could be hut our Regret, and the universal wish was, that the Regal au hority should he conferred on the Heir Apparent. tic would, therefore, fed it his duty to wove the pre. vious question on It o 1.41 Resolution; and, should that motion he occriled to, hr w. old th e' , move, That the Lords Spiritual and Temporal, and Com mons, of Great Wilton sod Ireland, iu Parliament argent bled, should *aka suds I • as the exigeacies of the ease require; end that tittntr 11.11 . 4111106 sbutahl be is confer. may wills the priuciplcs of the CuiAttiutiuu." The question ws. than put on Lord Holland's motion. **Thu the HOUM: di/ resume;" Rod gU tired without a disision.—The oiigiuul Resolution was of course carried. . . . The Third Resolution as then mond by the Earl of LtvLamm. Lord HOLLAND stated, that he rose for the par- I pose of moving an Amendment on this Resolution. lu doing so, it was impossible nut to make souse remarks on the manner in which the business had been opeoed. In the first place, the Noble Earl (Liverpool) had stated, that he wished the Reso lutions to be discussed on their own merits; and, notwithstanding this assertion, he bad proceeded to argue on general praiciples, no which he stared the whole question to turn. Although he agreed with WHIN of those principles, he did not think they bore out the present Resolution. The Noble Earl had said. that the political end personal capacity of ass Nlejesty were distinct and ditferent—i-but he (Lord Holland) did not think that that argument went to sapport the principle contained in the tie would not argue whether the distinction sus right or not, but it was his firm opinion that the Noble Earl had totally mistaken and misapplied the principle. The Noble Earl stated, that the Regent had, in several instances, been formed by the Parliament ; hut, in et cry instance hr had ad duced, it would be found that the Regent had been appointed by three co-ordinate authorities— the Lords, the Commons. and some other existing and properly recognized authority. If the Noble Earl meant to say, that, by an act of the Legisla ture, • right to. the Regency could be given to the meanest subject, he would agree with him.—lt was that principle which seated - the House of Broom wick ow the Throne, and to which the Country was indebted for the freedom whii•li it at present en joyeter :But these were Addled' Parliament, and not the mete offspring of the Houses of Lords and Commons.—The whole question wee, whether that strange anomaly, that singular instrument, speci fied in this Resolution, and proposed by the Noble Earl, was, or was not, in Act of Parliament ? If he were convinced such an instrument was an Act of Parliament, even though it appointed as Regent • person not of the blood royal, however much he might disapprove the conduct pursued towards the Heir Apparent, yet he would obey it, and look upon the Regent an appointed as the Ruler of the realm. But such an instrument he could never look upon hi that point of view.—With respect to restrictions, even in a full Parliamtot, he never could agree to appoint a Regent hedged round with Institutions. Whatever hi, feelings might be with respect to the general authority of the Crown, be could not accede to any temporary restrictions. He stood there unbiassed by any im proper motive, as the friend and advocate of the people of England; and he was decidedly of opi. nton. that none but a full Parliament of King, Lords. and COMDOIII., could do that act, which was then sought to be performed by the two Houses. The Noble Earl had asserted, there was no instance of a Regent without restric thin ; but he would state, that though in eases of infancy, or absence from the rodeo, the Lords Justices, or persons appointed for the time being, had been restricted, still the 'bowers of the Crown were in full being--and could be ex ercised by the Monarch, whether in the kingdom or out of it.—The second Resolution unctions the principle, that the two Mures have • right to provide for the vacancy in the Constitution ; and what is the conclusion to be drawn from the Reso lution now before us ? Why. that the two Houses being of theinseires perfectly capable off performing • particular act. must nevertheless look for • third party to support it. In what system of logic could such a proposition be found? War it passible to re duce it to a syllogism' Ile (Lord Holland) might as well say, a Beceuse I can walk firmly upon my two legs, I must therefore make use of a stick or a crutch :o assiat me." He wouldrwirh to hr clearly unit...mood. The two Houses were said to be competent to perform this act—they might concur iu • proceeding in shape of Bill—and then they were to direct • certain person or persons to pot the Great Seal to tint Bill, which would give those arrtiin person or persons a right to give their assent to a Bill which lied pissed she two Houses. The isruceediag, by Address. on the other hood. which he would hare the honour to move.- was more manly. more expeditions, and snore simple, It wee his intention to submit to the House the propriety iiif addressing his Roy it flightier". .6 to take upon himself the powers and eathorities of the Crown. during the con ter:roam* of the Royal inatisposiiinn, and not kicer."—The question was, whether their Lord ships would proceed by 841 or Address—wluels of the two .nodes was the most constitutton al, whi c h the most exprulent—aisel he dnutated not their Lordships *wild delileir surly consider a suls- Vet °Chet.% iinliettatite. Ile col t N A o c b t: h eu e : b m peg od ri e od or ip: Mittelman, it:would , be fuund that d 47 hict i l n 'I g th bY e the time elf Bit Tudors. 11, had' been 'nailed host uncoils! that the seeds of eitirliberties were en knee* Wind wha the Royal Assent preterd tot'. Act Of'Palitaillent ? It was iwpo . 1 largue the etiStisiy; o usel b0,,Tpa,54 p . dritra: Vont • pempfil or 30 mei igo, which their Lindyl It was intitletl "ilatic;pation, who was not reasinrkahle for deserting tilt, stated, in one pail, " that ow' , Constitution, composed of King, I mom." An Act of Parliament Rh St' u meut. 'and If the three Estates of nut posy to O. it would he u enure the Courts of Law asserted that had a binding operation, it was ti ,h e validity of such assertions. the 33d lieury VIII, and tier tat - t & u.' exprersly, l'hat the law of , wane has been, that the Roy givroi to Bills, in toe King's'own 'toy, by his Commission under the Great thereto affixed his Sign Manual." iiiivsio n , which hod she GlO4 Seal instead of the Sign Manuel, had r was declared null. and ,orin, ettecr therefore, be no querakin, as to a,. Parliament. And. by the fedi of was provided, that soy person stating two Houses to have the off ct of an inent, should be liable to prosecut wire. The precedents quoted by mode directly against the priucipli eating. in the minority of Henry was with Out a Parliaments-and al Why the Duke of Gloucester issued a Parliament together—and the act ed by him was allemande ratified I Perliement. In 1641. • Conmosnon to militant • mods regon, when 0- piing into Scotland with troops, of gtving the Royal Assent to s . i!Vrral were before the Pat-Bement. Ma , took place'en the sufject in tt amongst the McMinn' of which were land, that celehmtllll lawyer Mr. Selden, flyile, afterwards the great Earl of they at length determined that then to give the Royal Aseelet. So carer, not to ulirp powers whieledid not le that, until they abolichnd owner: meddled with the Great Seal, Litt public hosinese by ordinances. I dent of the Restoration made again then of ;sewer—for, al that time, the sitting for a whole month after time King's latter truth Breda, which was as opening the'Parliurnent, and they ceive Bills : but they did not intern, making use of the Great Seal, for the ingenuity of Ulan could not point ceeding more :Against the constitatinea' were bound to pursue. No preeettel more directly in favour of the mode than that of the Revolution. it I that then they were providing for a —but who declared it vacant That particular point in the case. Wheel r tell whoa was likely to be the event in the Parliament of that day, t% ward with an Address to the Priam, He (Lord Holland) felt convinced tt manly, Constitutional. and expeditious to pueme the Rites marked out by tl of their ancestors it the case of Kim., Aud he hoped it would be considered who would now uffix thepreat Seal tr mint iu contemplation..yaight, at be liable to punishment figi their i respect to the ease of; (2ps. he brooght to think it proper priced , lather Act, as it was itself de Motet that precedent was im itiOre than those who formed thtmajority—and collected, the .. inigonly also boasted a , of ability.- Hirthriught the precedent Parliament it 17s8, wee entitled ' was formed on the principles which the English Parliament on former he certainly thought the people were not well treated, when it not an Irish Peer had been nominal , Committee to examine His Moiro.ty'y —lie proceeded to state, that 0 . Europe. and of tbis moony, were . rent now from what they hod been Ines; that there then existed • great party, hut that there were maoy r and raetaphysireel distinction. Which to meet on fair, broad, and coast/ pies anti which those esculent m time possessed the confidence of the not have made subjects of &sewer was situated in the awful and perils which at prevent was unfortuoetel Noble Lord had stated, that no i likely to result from the delays . place. and from the course of proceedings and those who acted with him had to adopt. But why had he made Because he had daringly ventured out the sanction of the Conon, the knowledge of the King, wit cedent of Parliament. without of a legitimate Administration. Lord imagine that it is a matter this House, and to this country, subjected to his dominion or that %Vales ? or that it is to be permits serious and solemn functions of are to be administered by a done rate (settee. who wish to overture and rule the ,eanistry ?—(Hear, - ',mulct ask theAt eepar o if they referred relation., how shalt est extricate the the dilemma in which 4 ey were placed ask them. whether the Governinenr States would be astrefied with di material points of dispute shoe at twee?) thine (*nutria, seititehe lit vrrnment of this Country ?-rille how they should proceed..keLeterenti 01110. -4.1 and, dhi a, to It such p 5,„,,. sn Pstitutional, ; , t of Exit hod sl , ere Ile would h 0 es rut; oh" In :o forst a ram 0 reuld str , vro tot plilet puldishe !ships might r and them :rag any thin g iv Lords, and (7 el was a frilienhi 14 of the , re nu11,1 ) — ; • I. The t it - cif Mare, 1, o nt thts Aiteseta ought t loot .5.41, ha A ." Aid u C 11 eat anaexe,l, I sottsly I its t rt. Them to bltt oda so A or Chad' s 1 1 tiuK arrt Att at MI Act of Psi j 'Woo for a • P y the No le • pie he was ad y VI. the tom - what was d o red writs rylfia ✓t thus pert ti dby the rex • tsaion was iss n the Kl4# 14 for the pm verel Balls w tlany discuss . I 6.4 Paris ' were Lord F Seldom, pyrs h If Clarendon; they hed no eareful were It belong to t itchy, thett 11 Lott carried me a Even the p midst this assu a he Parliament 6 " the receipt of tt woo looked ti of they began t• F tempt to act 7e they knew it point oot a 11 two' course eedent caul ft rode by Ad Is t had been a •• vacant 'hat was the es an MIA ant of the de they amine riime of Ora I d that the I ditious Way. • y the proeserl King While t stdrred that ti aal to the lot t it • future pi- t r cetiduet. e could n.ter I edent for a L. t twice transact - I an the ant hart I ind it should Ir I ted • great no , t edeat of tilt I I dto repro. • [eh had tidier I ler occatioeis, e of that cos I was known 4 somenatod eaty's Phi ic 1 t the sitnatic 1 re materially ( 1 been iu the ,iy points of I ich a was di usawtionaf Pr ki l i t; fil e ys e C 4L :o: e t i l re llicli o p : t 1 4 1 1 'o that had roceedsngs th sad thouzin P de tine state tweed to att natitution, mutant tor tnl the our Does the I sr of indithl - : r, whether t - at of the l'r pitted that the of the Gower Ira the Cooloi r, hea r, Ara lulall'et4l/I"lettrligeirEDiocuaruenentrer:dlihi°,FolleUtifn:io.)tge4otosull'hxt;.,ltre