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

rust meet with our decided condemnation. They nre the persons who have ust only at one tune nu• necetisarily stretched the power of Parliament be yoad • s alutary degree ; hut they have, at another time, ley their imbecility and indecision, produced the oppoeite extreme of reprehensible relaxation.— They have, by their meisores, produced that fer ment which now au,ritates the public mind; and have given to many mistaken individuals au oppor tniiity of disputing even the existence of the power and privilege of Parliament. This power, my I.9rds, ha. always belonged to the two Houses of th e 1,-gislature, awl was never disputed. Accord ing to every information L have derived—according to all which I ever read, or was taught, respecting, the Coostitutionaccording to the most competent and eminent authorities I have ever consulted. or have known—the power and privilege of Parliament hive been invariably admitted. For a moderate an i judicious exercise of that power I shall always be au advocate. Considering, as 1 do, the critical situation of the country, it was loot an easy matter fo , roe and others to discharge what we may term our duty on this occasion. But 1 wish the public ro here this opportunity of learning our sentiments, and that we may no longer be made the of of LB irrepro.eutution. I have thought it iricuinhem thus t, address Soar Lordships, and to signify that thr - times call upon us to trace the celamities which threeteri the minim to their true source, end to sug gest those rueasores which truly avert their motions and dimming cousequences. For this purpose, my • Loafs, L uoa gite notice, that it is my intention, on this slay three weeks, to move an Aridrees to Ks' Majesty, and I now move, " That the Lords be summoned for that day." The Earl of Livsaroot. was happy to find so much unanimity respecting the public spirit which had been raised against the power and privilege of Parliament. Whatever might be the opinion of the Noble Earl who had just addressed the House, as to any individual of Administration, he was sure his information, and the long experience of his life, would lead film to support tae power awl privileges vested i.i the two Houses b) the Constitutioo. lie would not eider into any arguments, at this time, to skew how far the couduct of Minster. had been guided by a sense of prirriety on the occurrence of past events; that subject would come under their consideration, and he wily had to make a claim of * reserve, with respect to what he himself, or any of his eollealues, might have to allege at that period. kle had no hesitation in saying they could defend themselves from any charge which intght he brate t ht amnion them, and would prove that they he 1 discharged their duty with the strictest pro priety._ Lord Gailevi the- 41 My Lords, I confess it doe- not appear to me. that the Noble Secretary of 4ititm can reasonably expect I should say that 1 could posaibl. a from any into a more distinct irta.ensent of tar object and nature oldie motion, of ouch be has give,' !mice, than I hare r. retired w h a t h., .iy my Noble Freud. Noble Friend ha. dis.hicily stated, that, im pressed with a sense of all the dangers winch sur- Tomtit this kingdom; dangers, unhappily, not of Oa deseriptioia °illy, but surrunntling us on every Litt • —.dangers, not aim ling us froth one quartt-r alone—.would to God they were ! but dangers thr.,itenitie the country from every quArter. It' his V,dciaiiia is to submit a detailed *Odium to tits Ma jesty, upon i:!e subject of those dangers—to sub mit his views, Lind the views of those who concur with Win a. to the causes of those danger!., the mea sures by wand' they niity be averted, and the steps we are imperiously called on to take, I cannot agree with the Noble Lord, that these quest , when discussed. can be separated from the question, whe ther we have, in this country, an Admiuistration eatable of defendin g ; us from the (hangers that surround us, or. whether, on the contrary. the existence of these dangers, the crisis in which we find ourselves at the present moment, solicit our all is at stake, are not mainly to be attributed to the misconduct of the Ministers to whom the govenitnent of the couutry has been eutrnsted? !fatty man, in die course of the discus- Mon. does mean to take that extensive view of the aita t tion of the couutry. which can alone enable you. or. if you carry an Address to the Crown, ran owns enable the Crown to judge of the means of averting the impending dangers, and their cotter spteisces, oue of the principal considerations must be. the rashness, misconduct, mistaken views, sod utter ignorance of the true principles of the Constitution, which have marked the who!e con duct of those who, unfortunately fur the country. have had the administration of the public aff.iirs. agree with the Noble Lord. it is net fruit that quarter only we are menaced with danger.- 1 sin sensible, that while, Liu the one hand, we hate • Goveroinent that rashly plunges into difficulties and measures, without considering how they are t.) extricate themselves from those difficulties, or how the measures they adopt are 10 be 0114410fted ; leave, on the other hand, a disposition rising in the country, not against any particular act of Govern ment, not against isuy particular mode of exercising the powers of Government, hut npinst tbeexercise of the Irks! eo,vers of the Constitution iiwelf. It is this situation of things, that calls upon every man. who knows and venerates the Constitution of the country, to rally. oot round the present Govern ment, who have violated the Constitution. but to r.slly round the Constitution itself; but, above all. to rally round that which as the main source of all the blessiogs this country enjoys; to which alone we ran look for iecurity against danger—smore pros perons, happy, and secure tames—l m ean , t o ra lly r mud the Parliament of the country. My Lords, w! ,..„,„, t h e , t ,,,, nen t shall arts—when persons of illy sleactoptson shell attempt to violate the in. dependence of Parltainent—wheu attinks shall be male with a view to destroy the confidence of the ninnies in its Parliament ; I mean not the couti dene;: of the country in thus or that &script:on of persons, who compose the Parliament, and who msy term ports of Oita or the other Houseof Parliament ; but I mean of the Parliamentary Co istitution of the coactry ; if ever the people are taught to look for relief. for safety, for hope, but to the l'Afltetnealt... trey safety. and the relief and hope to be derived from that soarce, at requires but little gift of prophecy to tell them tnat threw ill be deluded to their destruction. Fur, nay Lords. train Parliament. the liberty of the atiountry originally sprang. All the wealth. power. ari phopenti *tam tenuity. hare arises freest Par. ' liament, and are to be attributed to railiament. IVitatever can be done within the walls of ment, to promote the interests of the country. stud to secure its constitutional liberty, ought to Ise dime by Parliament. lam convinced, that, by Ponta , ment, it may be done. But, my Lords, for the faithful discharge of that duty which Pailiruient owes to the country, it is the first and principal duty of Parliament to maintain anti assert those privileges which were given for the benefit of the country. Privileges which have uniformly been exercised for the bcuetit of the country, and cannot, without a species of treachery, be abandoned, IVithout those privileges, the ex ercise of w hich the people hove beets deluded to contest, a free and independent Parliatueut never could have existed. Whoever knows any thing of the history of the country, must be convinced, that an independent Parliament never could have ex isted, without the privileges and the means of exer cising diem, which are now disputed. Without those powers, which are itshereut its Parliament, and the exercise of the particular privilege, which, it is now said, it is for the benefit of the people to pre vent the exercise of, Parliame of could never have achieved for the country what it has. If the per sons who oppose this privilege should succeed its deptivaig Parliament of a privilege so necessary to its existence, it will prevent its asserting its own independence, and of maintaining its own 'dignity. If they should succeed in depriving the House of Parliament of their privileges, turd of driv lug theta to other quarters for protection and item rity, from that moment Pal ha:tient caries to exist as an iiitlepeorieut Parliament. Under such a sys tem. Pantomime nearr could have raised this coun try to what it is. At the period when cur ancesocrs established the freedom of Parliaments, at the commencement of the reign of the Stuarts, ut Bert particular time it was that this instrument of Pailiainentary power, which is now contested, was the means by which the freedom and liberty of the country were effected ; and, if ever Parliament reliaquiehes that principle, they despoil of the meatis of affording to the Crown that beell rity which it will receive. rather front Parliainc:it than from those who profess to be better fries to the Crown. They will deprive Parliement of the meats of tieing that which Parliament has ever done; I mean, of maintaining that liberty which Parliament a!olie has ratable-heal. and VIII alone secure the continuance 0f . .--Whatever circum stances arise in this country, I will never drown the standard of Piorliament—round that I will rally, because I knew, and sin convinced. that, upon the independence of Perliament, depend* the best interests, the prosperity, the tranquillity, the freedom, mid the independence of the country." Lord ERSICINI:—." My Lords, I am ready to con cur with my Noble Friends, that the power privileges of Parliament might to be supported.— At all times I revere the Constitution ; but the subject upon which I rose to offer my Aentonciits is this; the power lately exercised by the home of. Co.nttions has been alluded to, and the unfortunate circumstances which attended it ; but. my Lords, thus is a question of grave and serious importance. The Constitution itself is fonodesi upon the law of the land, amid 1 must ever contend, that we are all under the dominion of that I lbw. If my Noble Friends would say that the Courts ofJustice cannot havorjarisdictirm iu this case, I 'oust dotter from them : for anti! the Judges decide. we ought not to deter 'JlM,. I shell ever r the law of this countryond we are beefed to obey it as expounded lay the Learned Judge'. It is out of the power of the Legislature to put its own construeCou upon a law, after it is made, anti, therefore, in the present instance, I shall nut assume the exercise of the power, as right, till I hear the legal opinion of my Noble arid Learned Friend (Lord F.llenhorungii). This question is one of great doubt, so great that the King's Attorney-General. as such. and acting us • /Ben der of the House of Commons, was puzzled, and could not di termitic. Ile could find no pre:edent fats the exercise of this power on the annuls of Parliament. Unknown to your Lord ships, the Speaker's Serjeant. who executed the warrant. may yet be indicted, tried, convicted, and executed for murder. Bat in all cases I must bow to the decision of law ; and never, while l possess blood or bones, shall the House of Commons, or your Lordships, do with Lord Chief Justice Ellen isoratigh. as the lioure of Commons once did with Chief Justice Pemberton. I would die, my Lords, literally, I would die before the Parliament should usurp a power above the law of the land. The people, lam persuaded, would best submit to that authority, end if it had been appiaied to Parliament, seeded not to have applied fur assistance from the King. When they are told by the dodges what the law is, they hare confi dence io its justice, and they submit to that power, when they would resist every other. However 1 esteem my two Noble Friends, and act with them in political conjunction, I must. though in opposition to their sentiments. assert the principles I maintain. I cannot so far depart from what has been the maxim of my poet life, as to concur with them vas tirely on the present occasion. It will, I hope. produce a proper conclusiosi in the public mind, that we can entertain independent opinions, when necessary to the public interest. l think, on the present question. myself equal with any of your Lordships, as to being competent to decide. In the case of high treatise'. it. was endeavoured to make a new overt act of treason ; I answered no. Why not Why, because it was not contained in the statute of Edw. 111.1 was told of Lord lisle, hut with all my esteem fur him, he was but • large fly buzz ing in the windowoo hen compared to the statute or written laws of the realm. It is the laws which af ford us secoority, Itherty, and prop. rty. and with out them the Constitution cannot be maintained." The Noble Lord concluded a very argumentative and animated speech. It was ordered that the Lords be summoned sc. eordingly. SPAIN. The lfargnis or LA WIDOWS, in pursuance a the notice he had given. before Easter. of hie jut/mien to make a m num, relative to the affairs of Spaie, im mediately after the recess. new suggested. that be would bring that subject under their consideration. oa this thy se'nnight ; and he moved. " That the Lords be communed fur the mine dap."—Ordered. Adjourns& MOUSE OF COMMONS. Mr. rv NG presented a petition against tie CommentMl Dock Sill, upon which the Sraa tin observed, that as this was the last day fur receiving Reports upon Private Bills, - it wuaki he is question for the House, whether it would re ceive a petition presented at such a period? After a for ob servations (loin Mr. Rose, Mr. W. Smyth, Sir Charles Price, and Mr. Byog, the question upuu receiving the petition was negatived. Mr. M. A. TAYLea postponed his intended motion, re specting suits in Chancery, from Tuesday the alit, to the Friday following, that !unix a inutcconveutent. time for the Gentlemen of the law. General Lore presented a petition against the Storey Com. mercial Duck Hill, which, atter a few observations from the Speaker, Sir Charles Price, Mr. Thornton, and Mr. Robert %Ward, was rejected, upon the same principle with the former. Mr. C•MPBILLI. presented as account of the number of hired tranwporss employ cil in II JS ujest y's service. Mr. I rert%ti preivilled an account of the 41 mitt til y of coals end main imported into the port of Loudon during the year. Mr. KN OW irs presented an account from the. Nitry-ollice, of all the stoseships employed iu His Majesty's /Witt% They were all ordered to lie un the table. Mr. MANNING pvstp•,ued the third reading of the Loudon Dock Bill to Thursday next. Sir S. ROMILLT and Mr. HENRY Sarni respectively postponed their tiuus, the our to Thursday licit, the other to this day se:might. HIS MAJESTY'S LETTER. Mr. IVIHTBRUAD begged irilVN to put a question respecting u letter which appeared iii the public prints of this day. porporiing to he a ktter from His Majesty to Prince Ferdinand of Spa''', he asked the question to the hope of hearitig it con tradicted. Mr. PRICEVAL said, that it would he attended with inconvenience to the public *tfrt ice, to give an oubwer to the cpie.tiolv ;it the present moment. SIR FRANCIS BURDEVT. The Sec IK.t he thought it his duty, before the !louse proceeded to the general business of the day, to call their atteution to two papers which had been served upon him, and which he hod brought under their notice already, previous to the re re-s. One of them was • a notice, intituAting that Sir Francis Burdett would bring an actioa against Linn, as Speaker of the (louse ot Commons, fur having caused the orders of that House to be executed upon him. The term was now approach ing, and they would all ace the necessity of coming to some a, r..ngemrtit upon a matter so deeply in teresting to their ptivileges._ The CHANCKLI.OR ot' the EicuEgucit thew rose and said, that. after considering maturely the circumstances of the case, he was of opinion, that the hest course they could adopt would be to appoint a Committee for the purpose of considering the proceed►ng• had, and to be had, au reference to said notices. Mr. Witteasteso wished that the Mglit Honour. able Generinan had conde.cemied to lit4te the grounds tip , m which hr inured for the Committee ; it woe surprising that, in the leisure of the Reyes., he had not formed a derided opinion, and furnished liitnaelf with argnini.uts in support of the course he would recommend. The CIAIINCELLOR of the Exi !UGLIER said, that it was to prevent any dismission of the Ini-me.s in the whole lioese, before it bad undergone the in spretiou of a Cumni,tter, that be forbore to offer any arguments upon it.—( Hear, hear.).—Tbe Rouse would tome better prepared to the discus sion, after the Committee bail reported ; and he was sure that the lion. Gentleman. if he gate himself the trouble to think. would see that a discussion in the present instance would defeat the object they had in view, in rekrring it to a wale eircussisctibed tribuual. Mr.Auxst war apprehensivethut die terms in which the motion was expressed, did nut de.cribe Anf liciently the 'object mid tne I . ations of the Corn. mittee ; they were ton general.— (L/ear, keerr..l— was aware ihh this was no time to discuss the principle, lint was prepared to defend the privileges of the House from any attack that might he mode upon them.—(Herr.)—The Committee should, he thought. be desired to report on a certain day, and instructed that its object was to inquire into the authorities upon the subject, and communicate information, not opinion, to the House. The SPIAILER said, that it was the custom to in. trodece into every motinii of the kind, word, de. scripttse of the purpose fur which the Committee was appointed. The CHANICIrt.LOR of the Ext timaccn said. it was his wish that the Committee should examine into the Gets. and sko report its opinion upon them. It was an awful subject ; the more he thought of it, the more awful it appeared. He bed no objection to express, in aoy terms. the ohject of the Connni: tee, but he was not quite sure that there would bee propriety in restricting them toe cerium day. 1 he SPIAIIIa said. it did not appear to hits that the {louse was in the habit of so doing. • Mr. Anus quoted the last case that rimmed npoo a question of privilege. the case of Mr. Ilubbert. in which the Committee was bloated in time. The questios gas. then put in the following manner : " That a sleet Committer shoal/ he appointed totem abler the prorerthugs had, and to be bad e in the cane otair rresiri. liontrit ; to impure into the astitorities, sad to re port the Leta to the Notre. and their opinion tbcreepoe." Mr. ‘Vnireasan begged the House to reflect how far it would be proper toanbarit to the direc tion of the Right Hort. Gentleman. who had hi therto conducted them with so little tact in every stage of the business, whose conduct was market by incompetency and indecision. up to the present moment, when proceedings were about to he OM). menced agitinst their Speaker. It was surpri s ing that he (the Chancellor of the Exchequer). having considered the subjrct during the recess, and hoeing announced that he would consider it. should now move for the appointment of a Committee s without being prepared to state the purpose lot which it was to be appointed. or to word his motion in terms that should convey the proper instruction,. (lieer.) After all his deliberation, he was obliged to have recourse to the suggestions of others, and to amend his motion by means of their advice. If the Minim of Commons wished to be led into a worse owe lion than they were new, they would still sobtnit to the Right Hon. Gentlemen. who bed sheen an this, end to many other iwt.inces. that he war ig"C" rant of the hr had taken up. Ile ('sir. Whithread) thought, that when they entrii•irreil the mintier in which the Right Gentlemen bail wire.: ly riincliacted liusrlf, they would be en- . ,milling to el, h i s , Vtt. Wtki di, gr . et f o l to a Counnittee, sie that it woulibe more Itottouralife in in, cotne to declYsiou iiiiinediftely, and rrastinutiok" 'l'be enly reitsirm for the usiwillit4ness nosuifeeteil by the Gentleman to tfilietiss . the'iluetrtioa at dissatisfactory ; he' trustio.' therefore, would nee the impropriety of passing it Committee, as proposed. Mr. l'ortsomair said, the mntion a, consequetu of the Speaker's common,. 1-101.111 e. His COIUMUlliCatiOll was 111.14 C obtain the opinion of the upon tl t hey would therefore do well in coumd, the appointment of a Committee writ more to excite than to remote the iluubi their privileges. which unhappily exL motneot. It deserved alto to be con.id em i . ther the Committee, (ifit wax deemed expedient I% appoint onc) shoold not he restricted to report fm only. without offering any opinion ? Ile did ot presume to dictate any opinion. upon the nor would he express his sentiments upon portant points at issue. until they cone to b e cussed before the whole House; hot he sou suggest. whether it would not be Owner to ad;a,., • the debate. than accede to rte Proposition fur pointing a Committee. Mr.I I IYDER said. that what had Mien front the Floe. Gent. who spoke last but one, was only a k new/al of that general abuse us which he a u , i o it, habit of indulging, and which did not regimen, answer. fat with respect to the observations or the Right Finn. Gentlemain who spoke last, h e would hVg leave to observe. that ate mode tem p o. mended by his Right lion. Friend, (th e chum;. toe of the Exchequer) wag tat which was usually adopted by the House Upoh bllllll4ll' occasions. The House. by appointing the einninittte, would tow delegate any power to it, inconsistent with its own dignity, or obstructive of dim exorcise of its foul jadgasent ; it only authorised it to exontim Into facts and precedents, and to report an opihiou upon the case, wlceli the House adopt or not, as upon inve,tigai ion it thought prninr. (lear . !)—The coaster proposed by his lion. Frit was the moat a‘lvontogrotts ; it would put them ni more ( - couple to postrre , loll of the hubj. - ci, aid r,r able them to decide in ht manner more sAl.hirtnry to them.olto . s and to dsc pul.hc , [Lau lino pr,rives consideration had taken place. Mr. W. WebINS thought that there was great oltj• ction. in theory, to the delegation or the au. thurity of the Hi .use to a Committee ; if, however. it. 11:14 agreed that a Committee 141111 eititedltOt, r. 411011I(I bra Committee of Privileges. Mr. Thou agreed. that if it was the general wish of the House that a Committee aboirld he apltoint.•.l, it ..1:ould be a Committee of Privilege,. The RiAlit II Gentleman opposite Had game on from •tep to step in error, and from the conduct hr hail nuifurinly pursued, must have astonished the louse, ►f the Florise could he astonished by ignorance. 11. agreed with his Right Honourable Friend (Mr. Whitbread) in the surprise he had ex. prerisrol to rind that the Right Hon. Centimes' hr to badly prepar-il ; he remembered. that before the recess he had called upon them all to eXerl lite their minds on the subject ; hr had set thew is kind of Easter tink in the study of the DOI of Rif i lits. He now aelted for a (7ornraittee. and w•as MA prepared, after all his farmer mil. ness, In venture an opinion Iriurself. Ile (Ile. Tierney) did not think it right that the Com mittee monad give no opinion. far he could nut consent that the que.tion sheti.it be prejudgid before it curse under the coinideratiou of the House iu general. Ile concluded with moving. " That the latter words of the motion, winds went to demand an opinion from the Counittec, should be kft out." Mr. Uuauas conaplained of the attack made "Pen hi. Right lion. Friend, and the ehirge of rashness in the steps he had token. lie thought it unfair. when awn individual adopted a conduct which called fur the punishment of the How, that those who came forward in order to propose it, al•old be blamed. as if it was they who hod brought the Howe into so disagreeable a situation. It sits unjust that they should he accused, only became they had taken steps to punish what, all must agree, walla breach of privilege. The Hos. Gentleiona opposite considered that every thing was owing to the weakness of Ministers. He. (Mr. Ryder) was of opinion that it was owing to a systematic desire to oppose the privileges of the liouse.—(Heee.)-- They were not now referring it to a Committee to inquire whether it rasa breach of privilege or not, hat to determine upon what conduct they should persevere upon the eccaiiims. lie should support the origirsal unitism. Sir A. Ptuatirr began with observing upon the notice served upon the Speaker, for hawing brolva open the dwelling-house of Sir Francis Bartlett, and committed him to 'prison. lie did not (loss to object to the commitment of that offender to the Tower. but he could not avoid objecting to the rondoet of Ministers, who, notwithotainhog the Spe.iker had informed them of the notice three weeks ago, had neglected to take any steps fr.nn the lith of last month to the 7th of the presstit. The pro ceeding he held to be entirely new ; for a Meuil.rr committed to the Tower to glee the Speaker n otice that he would tiring an action for damages sew' him. was never known in any other instance since the lievolntiaa, or before it ; it was never know duping that period in which the House had rs t.c. 461 " the hbertic% of the people. and with Coral the prirdr4rs of Parlia.nent. (Hertel. Never h'" fore was the Speaker threatened with proorcuil"' fur discharging hiss duty. ha short, it was a two 'trona and unheard-of novelty, whirl' had tirr , r disgraced the country until now. They iad or want' novelties in these times ; they ha..i of novel pro tle.,vs, and nOtel prOCerL1111;;0. 11,4.; pert of that Weise, but tine loove:!y t.• derCoo- Initiation farmed the pocts'oor char te . .- -;41 " .. I disgrace of the times. It was pitrpraping that Ti...-4 who. from the .nostiona which they 1)9,14 rqpi• lilted the prose - I:tiv of the !louse. Ow' , " h''' let such mow,' IQ., like any orthre,r, tran-aet w that they should lw,ve er,airoted ihuoprlte• entering it l'••• itiumel., as n unght I t ""i' t h ltt z . Was th. re 110 . 11:az i.• hopert:o,,it paper, called a it •',. • tr•iiiirr the latopt.n.t of other Veto , : 01 , 1 1 11 " 1. it to c•il for the 'meatier' of Mu. • • *Asti t„ t He resi 111, h abr •i duns' 11 to aft peq r ltiKhtllo 4 . oat L Pilittra sat t'ie e. that tlie he a i t *wet to t 4 1)11 o was imi d e I. the deaf tots tot 4 b e t' ir in orders the 'der, sil t y, uu nolti east fro{ OtC " rtipteh., It I t.,; wet