The British Press; or, Morning Literary Advertiser. — London, England, 1810-05-08 00:00:00

t He felt Abet be wee doing in indispensable duty in resisting -04 or:uaittchief wipe!) had gone abroad, spreadingdeiusiou .04 d4asters The day after tionsorrow,woukl Ire the first . dely of term, sod no w all of a sudden hity Majeety's giiiimers awoke out of their trance , ful were ilessiim of covering themselves by appinutiog a COmputtee.—(l/enr. hear.) —They w i s h e d tia s pirt 'Speaker mid the privileges of the House under the protection of a Comiuittee, because they were afraid to encounter the responsilsility themselves. Did they not know before, that there was the commencement of an ac tion against the Speaker. who had only m et e d m i. n io re i a lly ; why then should they not hire reormi wended this Committee before, if it ass a measure nece ssary to lot adopted ? why did they not appoint it before the recess, or even in the course of last week ? 'Phis **snot the time to go in search of pre cedents. This was a question of great importance to the Constitution, and to doom who were tainted , it h the urw heresy. Upon the subject of right he would may, he wit not oily of opinion, that the House had such a privilege, but that it never could pat w i t h it—(bear,)—as long as it retained the iuquisitorial, arid functions, it must preserve it inviolate. lie ridiculed the no. tidos of the new school, upon pririleos from ob struction, and maintained that the House had a right to • its own Members. If any man P resumed to piece a placard upon the door, to inorrow, stating, that the vote of to-night War hare :eel corrupt, would ass one say that the I loose had tint a right to commit inn ? Many peo ple were forward is cryitrg out that the House of Cerebrum's lied nut a right to try fur a ; but did they d,sriihe the question isirly when they call.d it a libel ?- 1 111enr.1— leo, they might us well say, that it had not a tight to try tower, &c. for it did not claim either one or the other. :le was for from con-. vineed by all the daily trash lie had read upon the subject. The way in which die Hou s e of Com mons hail proceeded was the only way iu which 'her could punish such • tin °hence ; as that which was committed signiist it; they could not collectively bring MI ?KOMI. It was said by the Nee' school, that the question ought to go to a Jury; but in order to.briirg it to that issue, they mould supplicate the Crown to prosecute for thein, irid ins nitoneuts of Impala, delusion, like the pre sent, they would tint lie able to get a vercict— (llear). The miserable pretenders to public ap plause., the enlightened instructors sail guides of the people. would take every advantage. He could not help regretting that on ranter Holier was token of this lameness; nor could lie avoid considering this au insidious motion, adopted for the purpose of coveting ignorance and neglect upon the, most important question. Beatles, if any question of piolege wee to be discitord in the Courts below, an appeal would be to the Lords, who in that case would heroine the judges or their plivilegee. If the Chancellor had committed any pyre in for coo tempt of Cowl, and that an Attorney hail the pre sumption to glee up a *police to his Lordship of aii action, hr would not hesitate to have the Attorney called before lain, end punished uccroilingly. He coueluded with declaringelim determinatiou to vote for the smenilment. The SoetctroasGananae said, that he should not follow his Hon. and Learned Friend throogh those arguments whidi he hoped the House had heard with great satisfaction. He agreed with him perfectly as to the right lathe House to protect it self, siul, insignificant as he was, woul d give his martiou to the principle. He was sure, that if ever the privileges of that House were broken down to the mere limit of obstruction. it would make the Nome ridiculous. ( Mar.) He agreed with hit Hots. Friend'sdescriotion of the limittgd part of the quell non, it was perfectly novel. hi former times, actions of a different *attire were brought ngeinst the Speak ee, bat never a civil action. -The questions for them to decide were, whether the House ought to do am thing, and what it ought to rho ? It was agreed aim all hands, that it was high time somethilig should he done. The charge of remissness which tad been benuglit spinet Ministers, he did not think was very respectful towards Pailiansent. It went to suppose, that the Privileges of the House were only tote protected by the Molesters of the Crown. action against the Speaker, was, in fact, an action against the House itself, and, as such, was the cow era of every Member in the House, whether in or oat of office. That the acts of the Howie were the acts of the Min;ster would he a popular argainent enough to avow abroad, but be did not expect to have heard it there, or from any one who Ind a respect for Padiarnent and the Constitution: They charged the Ministers with delay, but what Were they about themselves ? An action was threatened against the Speaker im a fortuight hence. It was necessary that they shoidd adopt some pre paratory measure in order to meet it. The ques tion, therefore, for them to deckle Was. whether limited moniser was not better adapted to consider the analogies upon which the case was likely to be derided. When the Committee reported its opi nion to the House, the House would still be at li berty to revise, qualify, or contradict, and to form so irgettered judgineot with a view to all the facts. Mr. Wtsiontss thst the question divided itself into two branches. One as to the conduct which had hitherto bees, pursued; the other as to elia would be expedieut, under the present cis cntastences. He complimented Sir A. Piggott for the broad constitutional doctrines which he laid , !eon, and professed hieesgreeinent with him in the norower, as well as in the wider view of the ques tion. The situation of the !louse at present. wee. in many respecto, novel ; but there did 'sot appear to him to he that ground of doubt as to the pro ceedings, they should adopt, to call for the appoi ut meat of a Committee. If, however, the precauti o n ass thought necessary. the House should not de ',Cite its power to the Committee; it might loom hit pen, that, in case of difference between the Ceismittee and the How. people would begin oat of doors to dispute as to the right of the flame to differ from it. There was another thong to be consideeed. the delay which it trek give rife to, a circonsotance to be avoid. of as much am possible. especially in etch a case. No more was necessary than to mint opinions with t " fart , iii the if Report. and if it was intruded that flay acre to give a general ommon, he world %roe scram et the appointment of the Couenieter.— At all events, as it gartered the ur. net doubtful, he preferred leaving the mention of opinions al.. together out of the motion. Ile concluded by emu. demiiing the conduct of Ministers, in delaying so long taking any steps in this most inomeutous af fair. It Was no excuse fur them that others were a. remiss. They ought to hare done that which from (lair situation it was their th•culiar duty to have dune. Sir THOMAS Torras' also severely censuroed Ministers for having suireml this matter to be dor mant from the 13th of April to the 7(1. of May. It was disgraceful, that a notice should have brew suffered to be served ou their Speaker, and no dis cussion had on it for almost a month ? They were told .by cote Hon. Geist. that they ought to come to &decision as to their future proceedings. b.:caivie the term begins on au early day, 11 list ! were they to be afraid' of a Court of L we, .or to think any Court could touch their rights ? The very lie lice was, iu his opiniou, deserting of being treated ■s one of the grossest breaches of their privilege. Would they allow process against thin. Speaker, and that he should be treated as a private ? The very discussion of suck.' tpiestims was an insult. He did mot memo to approve of the pro ceeding, into which they had lately been led, on the ground of expediency. but of privilege, usi which it was impossible they could be censured. Mr. W. ADAM entreated the candour of Gentle men opposite, lii considering the amendment pro. posed by those ou the other side of the lions -. The question was one of extreme moment, and it WON truly said of it, that time very existence cif' I:.e House depeailed upon It. If the II wee did its duty, the new doctrine spoken of would 1.1 beaten down, *oil the true principles of the Cotetittitina established, He therefore tttu►t etrae,tly recom mended unanimity, acid that the hest understanding might livered on all side*. Tu aceornpliah thi s h e trusted his Right Hon. Friend (the Chancellor of the Exchequer) would withdraw the iiitter part of his motion, relative to the delivering an amnion , Hod instead of that, adopt a tuotion to the ett<t•', that the report should be as to facts and preceilems, with the observations of the Committee thereon. The CHANCELLOR of the EXEHEQUER was glad the Ilea. Geutlemen over the way had at I ist ar gued thetuselvre into the opiuiuu that re party con sideretion ought to eater into thus &Lite. %Viten lir first introduced the subject, he ital thought, that if ever there was one calculated not to call rot tit party feelings, it was this ; Ult , l Rae , therefore the more surprised at the sreriuth it ex ii the Hilo. and Itieltt ITuu. Geotletrien oppoe.•• Whitbread and Mr. Tierney). Ile wet c eled on in candour to agree to nn a inedinent, fur the sake of ueatiimity. Why, if he alto led himself to be persuaded to this, Neether Geutleinen might start up, at. tee Hen. Gentleeem had dune, and Vell".l4e him of incapacity, Want of foresight, and thiourea of small. Ile .lid sincerely lam •nt that the subject had hem liken up with so much party spirit, as he at least expected neutrality in tit cousideration of Ovine the House of Com mons into the right %see of acting. Instead of that, however. the 11-1 eon: .dile and Right Ho nourithie Gentlemen had seieed, with avidity, the eppaituitity of reviling those again.' whom they were eperwel in pinkies. It war an opportuinty too temptine for them to let Hear, kear.,/ Time even disclaimed unanimity in this matter, uriti which all concurred, in a•certaiii degree, that the very existence of the House depetuled. The Reedit lion. Gentleman then defended himself from the charge loul tigitinst him. Never was a charge more groundless. It was as well founded a l pinist the Right Hon. Gentleman opposite (Mr. Putivoiaby), as against hint ; for, to that Gentleman the opposite side of the House looked up fur an ex ample, as much is on his side. There were persous who generally concurred with him ; but that Right Hint. Gentleman, so far from favouriug them with hi• *deice, hail distinctly told them, that he would • not give his opinion till the House carne to set. Why then was he and his side exchiStiely to be blamed ? When the Sneaker acquainted them that the notice was served, the view lie took at that time was that it was only necessary to pre serve it on their Jourieile. The Gentlemen oppo site were not backward on other occasions in giving ethic., and suegeeting atnendments. Why did they nut do so then, if they consideied the course pursued 114 reprehensible, as they would now represent it to ht ? Perhaps they were taken by surprise—but they had titue to re cover themselves, fur, owing to an inaccuracy, •se ctind notice was necessary smile lava after the first, with which the same course he 1, eetliout • word of censure, or the • •matiou of a teeitrary opinion front any one, been adopted. Nu! The enlight ened mindh comprehensive understandings, and extreindinsry talents, of th Gentlemen oposite, were nut employed to enlighten their darkness, and guide them from the ill cutinsels to which they were attending. Even now, though they would con demn. they would not enlighten the House.— Nay. the Right Hon. Gentleman (Mr. Ponsentiy) withheld advice, and declared his opinion should not be extracted from him. The Hon. Geutlemati (Mr. Whitbread) accused him of not bovine fore. seen the reeisteince which was opposed to the House. It did not follow, frorn preceding parts, that this would be the case ; but even uu the Hon. Gentlemen's own grounds, it might here eit-utel in a case of real obstruction, and the question then came to this : whether an indiridnal would'quielly submit to, or, as a strenuoas patriot, would resist the law. Did the lion. Gentleman mean to aay, that they were only to exert their privileges against those who would not resist. If this was his way of preserving the dignity of the House, he could only say there was a very great difference between their opinions. He was also accused of ignorance ; and if he was inclined to retort, he would say, that hi describing him, the Geutlemen opposite had only given their own character. It would seem as if they were ignorant of all precedents and itifor ntation on the subject, Did they not know that a Committee was appointed in Int, on the matter of a breach of privilege, and that they were instrected to examine into facts and circumstances; to con bider whet further proceedings might hr itereeeary to enforce these privileges and to give their reneirms th e m e ,. n ? Here was a preccileut in point; and he trusted, netwithstaieding the asperity which .had unrertunately been introduce-I hito this stiKlies that when the Committee cane to be appointed; only one sentiment would be &whit° prevail. Mr. Potisoanv said, the Right Hon. Gentleman seemed to have lost his teirteer, beCaliete no one would instruct him what to do- hie. WAS mortified at the exposure of his oat ignorance, and .could And no other way of getting released from his un easy sensations, but by utht-king tli..se on the other aide. A. fur himself lie knew not ally he ought to advise the Right Hon. Gentleman, or the House wets, that ell the advice he had already offered than on this very subject, had been rejected and over-ruled. lie had advised, and the Right Hon. Genii einau persevered in opposition to that advice, mud now lie had got into ddlieulties—he called ou those whuse suggestions he had disregarded, to help to extricate loin. They had it from the highest authority When the blind lead the blind both will fall in the ditch;" and so it turned out in the prevent instance, where the Route had only itself to blame for agreeing to be so ltd. Whom did they commit? The man who published a Manifesto, which, I:lle4girig Sir Francis Beirdett's pardon, wave its his opinion, a very foolish production, deuy ing their right to commit. And yet they expected no resistant e. On hl% side, they only said this : You ought to have expected resistance, and to have been prepared to she* what was further to bee done after the occurrence toak place." If they Intel advised the measure, the Right Finn. Gentle. lain would have expeettd in, Ices of them; and yet he complained, because that was required of him, which lie amold have required of others hot si milar sieeiation. The. Right Gr.itl.. # l 4 ll ensed him or giving nu opinion. Vanity might have misled him to to do, and ;le would have emu milted Ihuiself to a premature nphimn, find hash the consolation to Le outvoted in it by the R gilt i iuu. Geist. Ile would give his opinion (ethic!' etas made tip) at the proper time, but till then, he wont • nut lie. intuited itito it prematurely. It was the duty of Ministers who necessaiily had the cm:ll:letter of the Ho-use reposed in therm; who were resprnisilde ; who lied a knowleilge of facts, from their situation, which °Otero lintl not ; it was their deity to hove painted out tlt•-! way which it would be most lit to pors.te. Tnetr out d g so, proceeded from pusillanimity, mid a dread of incurring respoosi-. Mr. 11"ntritacso observed, that the Right Hon. Gent. (ihe Chancellor of the Exchequer) bad in vented a speech for hits and answered it. He was glad the Iti46t Flom Gent who began so languidly Ictri bees ah!e to lash hitwelf up to the feverish debility with which, he concluded Isis speech. All he had to say on it was, that he had never held such opiiiian or uttered sub word. as were its. pitted to him. Mr. W. WYNNE said, the Right Hon. Gent. had ChOifell a very unhappy subject for a precedent in the proceedings of 1771.. Then. as now, re sistance was offered to the privil-ges of the House, end the weak Administration of the day were frightened, and the individual escaped commit ment. A Committee was appointed to ingaire wind further proceedings were fitting ; which, after sitting 17 days, wive 111 a reieort, stating an opi nion. that Join' Miller ought to be retaken, bat wisely holding their tongues as to the alleluia ur m inner of effecting this purpose. Their conduct we." like that of the rats .. lo council. coasidastmg. what was hest to be •done spinet the approach of their enemies, the cats. It was tccusninended to hulig a bell toood their neck.; hut no rat knew the way to arca up!ish this desirable object. There were many important csusicleratiohs mixed with this question. It was material to consider, whether the House ought not to issue a prohibition against the interference of a Court of Law. Lord Kenyan had declared, that the Court of Kiug's Beni!) would not listen to this in a common cause, but the present wee no rommou cans , .. There were also many other niu&stioiis of the sat no.t nnignito ie in volved in the Tie.tion ; too gre.it, in Ins opinion, to he delegated by the House to a Cuminittee. Strainers acre then etcladed from the gallery, and. we understand, a division tsrik place eil the ameisdinent, to leave out the tatter part of the motion. directing the Committee to deliver au opiiiion : Ayes • • • hurs ll5 Majority against t►e Amendment 47 Another divison took place on the mein qnes tion, as prnpnted by the CHANcitu.oe of the Excriciavne:— Ayes ii6 Awes 46 • Majmity On nor re-.l4laus,ion we (nand the SPEAX6II rending over the names proposed for the Com mittee Mr. TIERNEY objected to the nomination of those who rlll4 01111011 . 1d • the motion, 011 the ground that the Committee ought to deliver no opinion. It was rather strauge to appoint men to give an opinion, who had voter against any opinion being given at all. The CHANCELLOR of the Excursions did not expect, in a question of such moment, any Gentle mal would be above lending his asiii.tance. Mr. Tit:nage maid, those in that situation, who were present, dechised the nomination. If the Right Hon. Gentleman wowed to grace his Com mittee from their side of the Haus., he was mis taken. The eIItNCRLLOR of the Exusequea wanted no grace from that side. Mr. JEKYLL 'Mt .t to the candour of the flight Hun. Gen , leman, if it was right to nominee those to • Cotnrnitee who were averse to its constitution. He lamented the present question ; it was one he had hoped never would have come under the tons sider,ition of the House; hut it could not be a voided, as the Speaker was 611311(1, under these circumstances, to throw himself upon the [Lome for advice and t outtiel. God knew they had got into a &lemma, and how much would they pow give to be able to retrace their steps.—(3/mernort of it:l, no./ They had got into a dilenoun the most ps.ti- NI, and he put it to his Right lion. Friend, if he *nubd persist in nominating those, on the Cum mit..e. who were averse to the principle, aud had ,duclatcol ~dung. The motion ws. then pot a.irl c irried. CA VTA I N FOSQUIT. _ _ M. LYTM.TIIII lIWU*. that l ie . 0 ,1.1 .n. -mu, row more for copies of ael papers Ai the A.l .ante-Cimerel's awe ridiGhg to Capt. Jekl ll . ( 4 ' 1 4 ,1 0 I)—He would also, on Thursday sec night, briug forward his motios on the sis*m of Capt Fosquit. , He had Dow ally to state that die object of his motion would be a censure oaths Commander-in-Chief. forisot busier/ complied with the Stith section of the Articles of War, and also Ms Address to His Maje•ity, praying that• be ita44l direct all commuoicatious in future to be transmit* ted to him. I Rtain's OF THE Liverty OF LOHDOX Mr. Alderman Cower said, it was neediest • in him to comment at any length upon the Meats+ Cages accruing from the nght of petitioning, which wu inherent in freemen. Well might, it be celled the palladium of British liberties. There went • three modes of getting a petition to the &Yemeni • prosented—let. By. means of the Secretary of State, by which it had but a small chance of reef reaching His Majesty.—.idly. PitSoo4 who had. from their high stations, access to His M A jetty. might present their own petitions-sad Idly. Pete. tions might be presented to His Majesty on the throne but it was said this privilege was confined to the Corporatioo of London end the two Universi ties. The City of London consisted of font public bodies—let. The Cnnn of Aldermen, villa never petitioued—.ld. • The Court of Common Council, who were always allowed the priv:lego• of presenter , their petitions to the King epee the thronefo:ed. The Court of Lieutenautry, a petition from which had hew reeeived on the throne, iu 1775--And 4th and Imlay. the greatest body of the whole. the Livery of London, emu timely known by the name of the Coramon.hall.-.- They had long claimed the right of propeolleg their petitions to the King on the tlwone. Ho had taken US mach pains is be could to trace the progress sod ei Tea moaners atteosling this claim.. and would sow briefly state them An the House. In 17fie, a petition • from the Cnminoieliall was presented at the Levee, • ' the Sheriffs not Miring been instructed to premed it to the Throne. The next address was in 1770, whim . the Shenffs, according to instruction,. claimed as audience, to know when His Majesty wouldveceive them on the Tnrone. The answer they recelsog was. that this was a new c;ise. and His 1/lajeste would consider it. After consideration. His Ms. jest,' collocated. and did receive it on the Throw; and from this time the precedent was establish. ed. la 1771, a similer address wits alas tea . • ceived, in the same manure. with this *seep. • tine, Mat Lord Hertford wrote to the Lord Mayor, not to permit too numerous an attend mum of else Livery. In 1773 another tabs* wall presented to the King on the Throne. sad met . • *newer returned, without a question of the privilege. In 1775, there were two addresses. The Met is April, which was presented to His Majesty es the • throne. as before. After this. however, them was • letter horn Lord Hertford to the Lord Mayor. say. lug, that the King wield receive no other petitseas • on the Throne, bet those of the Caisson ConociL This wu received with great divapprobation lug the Common Hell, which came Se several reseintioate • • strongly ex 'we of their abhorrence of the atit o and of coodrmstioa of their rights. The mat ad. . drew in June, the same year, was refesed to be no creinsil on the Throe,: but Ili. hiliest said, be was always willing to hems to the el hie subeitee,• and • would iestaive it 011 - the • - 11mek• - • Levee day. U. below reseed to receive it'ou tAte Throne. His Majesty declared he was the bees judge of the place where he would receive it. la 1781. an address was ,greed t.. and the Shaine instructed. as before. to ask an audwoce, to knew when Hie Majesty would receive it. Ilis Majesty's answer was, he +mold let them kite, ; and the next Levee was fixed. The consequence was, that this, like the two precediag.. was never presented. la 1797, after similar Arum at the Hall, the She. riff, went to St. Jaiute's, and saw the Doke of Portlainl. (the thee Secretell4 wino informed ti Ilia Majesty would only receive them at the Levee. • With this sneer the Livery were dissatisfied, and - sent them back to au audience of I its Misstep from whom they had a sinelar answer. The Petition was not preseeted. Tu tote) a similar &sin of occurrens ces took place, when the Sheriffs waited ou the King at Weymouth, in coreeqiience of which the Hall came to strong resolutions respecting their right, and ceosuriag his advisers; which resolutions were . put into his Majesty's hand et Windsor. He then . recapitielated the foregoing statement. The Livery had great reason to complaiie Lastymethe oust's, borne down with taxes, the more grievous from the waste of public mosey, and the frauds and bank. rupteies of collectors, not checked or looked after disgusted by the scandalous Convention of Claire, their Petition spinet which they could set pricers the presentation of—having se coafidence in Minis* ters, who had no confidence is themselves, and were distracted by ietestine cabals sad ensigns" ; these Citizens earns to certain Resolutions on the disgraceful Expedition to Walcheren, and. on the consideration of the state of His Majesty's sid. though not saving their privilege, agreed to their bring prevented at the Levee. On the 14th of De. *ember, they applied by theirShetiffs to'know what time they could present themselves, and they were told to send their Resolutions to the Secretary of State. The Hall repeated their farmer Reeelatteues and instructed the Lord Mayor. title* to ream* their Address to the King's own lianef,..er het at ' all. His Majesty was receiving the petitions of the University in another room. end yet as modicum was refused to them. la fee. to their several ap plications they met with soiling hot reloads ; ruhd at was of this he complained, that they could not present their address, even in the way io which Hie Majesty said he was always ready to receive the petitions of his subjects, but were referred to a • Secretary of State. upon these 'remolds, he would - move. " That the obstruction made by Hie Me. • jesity's Ministers to the presentation of the address of the Lord Mayor. Aldermen, Common Omuta. .81:11,11.is n in,, l ngeul of Livery e offondo,rual the Coui r ;o h n is aud leill li a bie setz es u. of the solojeet." Sir V. M. Cc ITIS secamted the motels. Re cop ceived that the rouduct of Idinistess, with lonia • t . t • the petitioo from the city, bed beam edit IsiSe • and S.r CHAR Pelee rose to fa ppie*-1110, mops. • Ue eonc .feed the present subject teas MOP only ee. Icasino upon which the crowding'sf itasiosts wee is tae least degree. reprehensible. The* icasedenit in le,.drog oat many of the 11frafrithe Piet highly