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

assist perfectly supply the defeat which baa aches Ise' the Executive Pover. It was on weighing three two points that he was decidedly iu favour of the stuendisieut of his Noble Friend. If they referred to the letter of the Commission they were about to Moue. they would be convinced that it was totally impostiLle if they wished to lay a precedent fur future usurpations. to &lit more ef fectually thud by issuiog it. It wee to open and hold Par!lemma. mid to do all therein that could be doue hy the Crown. Witt not this assuining • general power, by which every Act, no matter whether necessary or legal. might be done? But it was net merely by a reference to analogies that he was decided in his opinion upon this ituportent question. Ile war also swayed touch by a consider. mien of the exigeucee of the preseut case. They (the Ilona, of Louts) stood thus—ou their l.t Itesohition they had recognised the incapacity of the Executive Authority—ill their gd, the right and duty of the Lords and C 041110114 to provide leer the defiesency, in which they were to be governed by the exigency of the cites. Were they then to abandon this light. tied neglect this duty—to et:oodoo their right by applying to another pd.er to complete their um, lend to oeglect their duty ou an exigency like the peleint, pressing, peremptory. and vitally itupor- QM. by leaving the Country in • state of inter regnsin ? it was impositibi in discussing this mo. morotmis question, to exclude • reference to the presets( state of the Country and of Europe.—lf they recurred to the evieuts of the last six weeks, end the possibilities that had arisen during that pe riod. sod looking forward to the future, judged of what might happen front a comparison with whet had happened, was it ant the inevitable couclueicos. (lest the united exertion of the whole powers of the Coostituttoo was calle I for They had to pursue a dangerous, uucertam. and ad vesturouv course. in times the most perilous..and ell their lobours were necessary to provide for the safety of the country— Jacet loom Wee trances. Aratlmmitio Immense-spot. et sine amine etteria it was is this state the Amendment of his Noble ♦Friend would reineily impending evils, and the Resolutions adopted by Minivters would go to keep them. The happiness of the people depended on their decision ; and he had never before heard of Monarchy in commission, and power divided among e set of persons unknown to the Constitution, without authority, and destitute of the most re. taste claim to the station they had usurped. And he would again assert, the two Houses bad no right to assume the power of the Third Estate and* there wes little reason to regret this. since there existed en individual to whom diet right might be intrust s+d. Us wove therefore. decidedly in favour of the A aiendatinit, as founded on the basis of tlw Con .. .• __ it secured the rights of the Crowu— *a it did spot excluJe furoher regulations. if they wont tlorsog4t necessary—ind is the A I.lress won:d contain • prayer to the Prince of %Vales, nut to exercise any of the powers on which a difference of opiuion ought prevail, till such time as they un derwent a l'ailiaatenisry discussion. On such principles as he had conteoded for. the Throne had hitherto fleets preserved; but if the course pro. on the other side was adopted, it would, iu riropiaion, tend to its utter subversion. The Claris again read the 3d Resolutiol. L or d 011 ItlIS LLZ Mae, after a conoidenible pease. acid espresved his astonishinens that the Noble lard (Eldon). who was the law-adviser of the mea sures now proposed, should not have deemed it proper to have deliverA his *pinions on the pre met discussion. Thungh be was aware that Noble Lords might choose their own time to deliver their sentiments, yet. from the 1111.14t1011 iu %Web (lest NOLL Lord particularly stood. he most c“iisitkr bier as highly censurable in having refrained 'rum stating the grounds on which he had di trreninrd on the course wow recommended by him and his col leagues to office. He (Lord Grenville) did not use t. supply thoi deficiency. but he rose in great diffi cultpe-iso drscul y, because he was compelled to goefeinst all his Noble Friends who had spoken ou ibis side of the Howie. If he rose to defend Ministers. that indeed would be a task beyond the power of any man living—if to soy that they had acted consistently with their ditty to the nation. whco, knowing the calamity that existed. they bad used language to delude the Parliament into a desertion of their duty, aced to turn their backs on their Sovereign awl their country ; if he ruse to seinutaio. with the Noble Zarl (Buckinghamshire) that protrectioe was meritorious. no task could be es desperate es to convince the Parlisineot, the cloudy. end Europe. that iu the existing state of the world, that position could be de feuded. U. as they were told. the world looked to Britain as the last bulwark of retreating li berty. and, as the only cottony which yet main mined the appearance of a struggle for jade peodence. trutteJ to bet as to he• firmed reliance. whit thew could be more undeniable than that a - .....__ day or a wet k of the absence of Ciovernment was one of the 'mutest calamities that could befil the nation? Therefore. it was, that if he supported the motion of Ministers, he was not to be 'apposed to be is fannir of their conduct, which he could not view without feeling the deepest indignation end urirubseett. At • future time hr would conceive it to be his did y to cell theirt.oralshtpt . attention to the ussunsptioil of then ereogant wen of the exerciee of Reset pe ge r,(fatir, hew.) He would now state, in answer to wird.* Noble Earl (Iluckilghanishire) hail sup' need he would hew* dome in • situtihin es tniler to Ministers. the course he would !rive pur sued. Notsitbstatirling all the piNsuasire quence of his liable Friesda, he wa. obliged to ad here is the estenantw he had formerly m untamed.— These el • 'inn. had beets tried in silence soil re tireileiit. and were now again brought to the test after no light investigation into the principles of the British Coustitution ; marl this wee briefly his ririonuent. •• that the proceeding by Bill was far psi.feroble to proceeding by Address." Tim this, weighing well the emboirassmenrs on all aid.., to *oust adhere. The gnomon', their I.ordships had this ▪ to rovettiew wet one of tile utmost importance; but vet the real p&ost for their de, i.ina lay to a very u g enso He could sot egret with those w h o thought thi' t!le trent .ow, whether entire Kingly power. Athenians should not lie given to the itetzeut, twui ugly isteuenee upon th e ir d ‘c i t i o , is Oft th«guretitni before them. T^ia subject won't! at • News period come under consideration, sad with it ►his night they had sighing to do. The deli. ciency in the Regal functions might be supplied in two ways—by Bill or by Address; and he would leave other topics out of the question, to direct his attention to these two modes, the adoption of one of which was of infinite consequence to the Consti tution wed the country. Ministers had suffered eight weeks to elapse, for which they were deeply re sponsible; and on allegations now known to be false, had prevailed on Parliament to consent to the delays they proposed. He trusted they had been theinselr.a deceived ; but however that was, had they not succeeded in procuring the adoption of their procrastiaming course, instead of being now as it were laying the first stone fur their proceed ings, their Lordships might at thin moment have been under it Goverisin-ut capable of discharging all the duties of royalty, soil providing for the safety of the Country. It was yet in their power, if they proceeded like turn anxious to perform the humiess to which they applied themselves, and not to take a course pregnant with delays—it was yet in their power to, proceed as quickly by Bill as they could by Address. For even by the Address moved by his Noble Friend, the seeds of future debate were sows, and must come to be the cause of de lay in the passing of that Bill, without which a rep. larand efficient Government could not be establish ed. Much had barn said on the subject of an Bo gies ; but for his part he could not be an ungracious at this late hour, to detail' their Lordships with an enumeration of precedents which had been again and again stated, and were familiar to their None of them boasted of soy novelty ; and he would, therefore, confine his observation• to the only one which wax adduced by r Noble bird, and seemed to hear upon the lined:on with more force than any, °thin.. This was the procedure iu the reirs of Hetver;she by. which the authority of Regent was substantially conferred by Parliament, and writhing the consent of the King, then an infant in the cradle. Lt loth cases, this prrcrdeut was in point ; but it must lie Observed, that in both • Commission was made out giving authority to act for the Kirag in Parliament. It was maintained to be a gross violation of the Kingly power and of the first principles of the Constitution. to forge the K ng's command and issue orders without hi. au thority. If this were true, then the mine principle applied to ►lose Commissioners in the reign of Henry VI. and to any one who could lie appointed to give the King's consent to the Bill coeseqtaent upon the Address. The King's moment, which it was necessary to Iwo. they could not obtain, and they were therefore reduced to the necessity of p,a fursniog an act without it. But ass the difficulty less in the one case than in the other the one they gave the Assent themselves by the assutuption of the Greet Seal—in the other they appointed it petrol' to give it. In both, to fillow the logic of Isla Noble Friend (Lord Holland), who displayed to them what logical erguoieute Oxfir►d edacaurin could produce. they acted upon two hut the difficulty was in the choice of the third. In tar one s they culled iu the Great Seal—in the miler the Regent a ho derived his authority solely from them.. —His Noble Friend might, perhaps, recollect that there was another ►pecies of logic whi, h was called 'roguing in a circle, and this latter mode appeared t o him t o be u strong exemple of it. On the other side. it was thought the Great Seal would saticiiass their proceedings and ordered it to he pot to their Act. Passing by the precedent of Henry VI. he would refe► to the Reeolutiou. He did conceive that there was no one point more stroNly fixed on his mind 111411 this historical fact, that at the Retro- l in inu , u ;ie Lords and Commons declared thel hrone vacant before they proceeded to act for the pug. pose of supplyinolhot vacancy. Thee• thenaddrerweil the I' ' of Orange, nut to become Regent, bat 1 , to undertake the management of affairs, civil and miliiaiy. It was stated as a dithious question, wile then they celled on him to take any share in the Lewslature; hut this dulaiety was removed by tie words of toe Address, which requested him to take ►ha management 6. until further appli- cation is made by us ;" the Parliament then sitting. This proceeding was in direct contradie. lion to the mode of Address now proposed. At the Revolution they did not crests a power co-or dinate with their own first, and then proceed to legislate. They gave the civil and military manage ment. till the Lairds and Continuos should otherwise provide for the deficiency in the Government ; and the Prince of Orange, iu consequence of this pow. er intrusted to him, did not take any part in the Legislative authority. Indeed, the question was afterwards debated, whether lie should be called to the Crown, or whether he should be sppoioted Regent. or whether another form of Government should he established. The Lords and Commons first declared the Throne vacant ; and they did not use the Great Seal, fur two ressous—hreause it was impossible; and.because it would have been in direct contradiction to the principles on which they acted. ' It was impossible. not for the reason lie had heard of. as assigned in another place—it was not on account of sue river. or the absence of a material that could be supplied by a silversmith—btu it was im passible because this sileemosith's work wanted the sanction of the King in Couucil s without which it was worth nothing. As Jones 11. had forfeit►d the 00%11, bow could a Great Seal be constituted ? And even had a Seal been found by accident, it would have been most absurd to use his Seal to the Act declaring that he had forfeited the Crown.— But did the same difficulty now raw, when they were called on to provide, for au exigency missing out of the King's milady ? Na, their duty was diametrically and fundatnentally csutrary. They (at the Revolution) had to fill a vocaut throne; but what woo their duty at this moment ? The coasideration of this point led him to • view of the constitutional law on the subject..... Ile knew no branch of the Administratiou of the Law but what depended on this prniciple, that, though the natural capacity of the King might fail, his political capacity eaistird for aver aithout inter. ?option. On this principle it was, that Writs in the King's Bench supported that the Orion presided there in person. It was the alone with respect to his presence Cu here" w Parliament ; and in every part of the law. Cie goonr doctrine invariably pre. waded. and was the foundation of most of the pro ceedings. The attributes by law applied to Ma. kitty could be understood on no other grounds, for If applied to the Monarch's natural capacity, they were blaspheisamo. But w►th tepid to his politi. cal cspacity, they were very easily to be recoucikd to sense. Thus übiquity was an attribute of - the King. • Another attribute woesthet the Kin could do no wrong. In fine, this princinle pervaded the Constitution; and a King, labounng under disa bility from infancy or mental malady, still in a po litical capacity must be held to reign over the country. This was notorious to every one ; and in bah cases of Henry "%lilt. the authority of the Kiss* was expressly so stated. It was on this prin ciple, that the state of things existed in this coun try. They could see no alteration in the Courts of Justice at this moment, though in their records they must see that the fountain of justice was suspend ed.—Why was this but because the politicil cepa. city of the King continued to exist ?—Because he took up this line of argument, he trusted he would not be thought to be defending those betrayers— those who, in the absence of the natural capacity, had usurped the power of the Executive Authority, which was a most flagrant offence, before unheard of in the history of the country, and destructive of every principle of the Constitution. But what he had advaaced, in his opinion, proved, that no legal act could he done under any other name than that of the King, whose political capacity continued and that no such Act could otherwise be done by Minister., or even by the King's Son, the HeirA pew rent to the throne. It could not be done by him, bi cans, the Rill enlist be confirmed by what was recog nised by the Courts as au act of the reigningMoonrcli. —His Lordship said, he did not think that these legal fictions merited all the obloquy thrown upon them. In every system of government—in all countries—in all codes—legal fictions were found to be absolutely necessary ; civil law was full of them ; and if ever they were departed from, arbi trary law, mid decisions according to temporary circumstances must usurp their place, and in troduce injitstice.theorganisation, and confusion.— They contains(' nothing itiminsicully wrong, a id did not deserve the censure applied to the nu— The Noble Baron briefly recapitulated what he had advanced on this heml. The act now called for wan the reverie of filling a vacancy, and every subject could know of no other soarer of law but the King wilts reigned. —The Regent was consti tuted by the Bill, not by the Address ; and on his conscience. he to tiered a Bill in the first instance to he the hest said most eligible in :de of proceed ing. Ileatilieted rigidly to the case, and held that what necessity created necessity alone could limit. Hr would not detain the Hosiee,except that his ob servation' tool hitherto been on the third Reso!u tion, and use o mild wish to say something on the second, which, if they adopted, they would de clare that it was their exclusive right and ditty to provide for the E. le 'alive. the Noble Earl (Stanhope) ansiounced his imention of moving something similar to the previous (pies tion, it had his perfect concurrence; but uitfors tossetely the Noble Lord was diverted trout that course. Twenty-two years hart elapsed since he was 'seriously of opinion. that the 'newton should be carried into elect by Bill. A doubt arose in the mind of a great Statesmen' (Mr. Pitt), altboogli not ',reseed by him, whether his Royal Highness. the Prince of Wales was entitled to become the Re gent: bat the question was fully discussed and de termined. that the Renee was vested with the right,. although the Right.llun. Gent. had disclaimed his literalism of making it • matter adorns. But in • the present immune it assumed a new sitspe—uot the rig Nits of the Prince of Wales, but the assumed right of Miuisters to the Royal Prerogative. Bright devolved on any man, it must be °nate Prince. If he vomit for that Resolntion, it would be to disdains the rights set up by Ministers. arid to declare 'list they had violated the Constitution. The Noble Earl (Buckinghamshire) had asked, would it not tend to great mischief if the army of Portugal was not reinforced because the Executive power was ob liged to be dispeased with ? Henault' answer hien.• if 1,. was Minister and.the necessity or-curved before the meeting of Parliament, he would take the re spoosibility on himself, although he knew it could be illegal—but if that necessity occurred one day after Parliament met and lie took upon hinstelf tne responeilidity, he would consider that he bad made set innovation on the constitution which he could never repair, for it would be taking front the ji.• mile and the Crown their rights. As to the declarati nnnn of the Learned Lord (Camden). which had hero so ably handled in the cuur.e of the night, it mime to a simple point : he declared that a great calamity had silenced the action of the Executive Government, but he did not inform them what form would be necessary to pot it in re complaint against the present Minis ters was, that they created the necessity, and after wards told them they would come for a Bill of In demnity to cover their usurpatiou. not only in hresscii of the Kingly Power, but that which tied the Coo stitution together. They had ventured to arrogate to theineelves the custody and care of His Majesty. even contrary to the feelings of the Royal Family. (Hear, hear.)—They would give the Prince of Wales custody of every thing hut that which human nature Insist dictate to him to be most careful uf, and pay more etteution to—the person of His Ma jesty.—(Hear. hear.)—What were the men that' had made such a proposition, as to remove the care of the Father from the Sou? Hr could see no thing in theta ; yet he was told to look on theta as the Sovereign Power, and that they ought to have charge of his person. The law of the lend maid contrary, for if an application was made to the Court of Chancery, it would be adjudged that the mistiest relative should have the care of the lunatic. (Hear, Hear.) And with great satisfaction they had been told by the Noble Leeds opposite, that they would be respossilde for every thing they had done or would do. He assured them thryahould be so; that they should not. by a Bill of Indemnity gained on Parliamentary influence, go unpunished. They had assumed the command of the King's army— they have ordered reinforcements to the Continent suppose they unwisely should fail. they could not bring the Cominander to an account for his com mission. The sunset was illegal, they bad not only infringed upon the prerogative of the Crown, hut upon Parliament itself. for they bed undertaken to contract with the whole distillery of the country, which contraction could only be carried into ext.. cutioa by Parliament. It would not be attempted to be said it was a mere assurance, that they could use their influence on behalf of the distillers in Parlianseht, for that useful clan of men could not first the and, trian iuterestiug enseed. the ' the t . watch accounts bud on but ._ romance set - without ti:ey' Were foliymaeiveu coiwtred thaathouet, alectirmnag s froi re er : a .l'lll u e l_ tothe : ist i lt i b l a e * Y r t:r A s e k l a it e r d..: ll l z;, h y : r h i l h : i in i tb :"::" . the dominion over one in ii. i C" Lenlilnits King ever agreed to an act orliel l m a ir ri. m i l , ' ll, - ; ° " 1 ' 1, - poser. they would de serve all the Ttid, I-6 Ft country could poue'en theed: / f Hear. h,'::''''l'en 'l'..le Lono CHtlt l evt.tballii,J. ii. o t r. t 1 ,,,, . 17584 he had thelltiribfif of a arm ni i - . ' Huse of Parlininetti,titnil on the ,„„I ! na ture °' flectinn he supported the Resolutions e i lii 4 i t" I so ably urged . 11y the Noble Earl of Lir i ll * • t d i a precedent for them to for& their present r t f ir mni I logs on. His Lordship took a Rommel i 7. . the arguments which had been ea 614 ur g e 4 -- both rides of the House. an d sa id he wan sus• eti di h; ill was the only legal mode to proceed. H e w' m s ignified pennant (the Royal D u k es ) ukase weil l ,,, - ' so mach et heart. wield read the deb ates Amu Jake evacuated the 1 krone, the Crown declared v *in the Great Seal iu th e bottom a me I 'eall. , would tell them, that ohms the Crowe wu doe! cant, the Great teal was as well there as ; I" else ; for if it was •421 there, the p erami holing " ". * merely the servant, whe n the to departed. Ins lion was also lost. H e then grimed the altaialt ' r c "' against the Duke of Norfolk, of the 3ml o f H enry VIII sot being in sosed 0111111 se hesafiseins, alasoi is e g,,,; * h the wrong part of the WM. which was deelaral stls' 'by the twelve Jukes to bear n• avail, ea, in het, i t v" executed by Hairy VIII . bet w ith his conn ect ." mit by ham Clark. It was neemeary fur P ar il ainent to supply the defieimicy that was in the Executive; aid 1 precedent of tyaa, sad rpm, was wariest fee Ilsel'a ground their peoreedinpas. leme allusions had hen . .eta. to what he land stand on the Arm night they had - 1 calamitous myosins. He would 'mare them LOMA' he lied so advanced a syllable that wea ant jsetilledty repom he heard ism the Physicians. Shi t * was mar; teased in their esammatime before the Privy Cavort!. Lind &Mk Ile e said, it app ear ed that their benign agreed that it one only by the G reet S eal ..., thrli could speak to Perliatertet ; there wa s no prettiest 1 that of 1745, that attempted to make a prorionia tor the swims -111. Lordship seemed meek lodestones', sad *Wired to sit down. The Earl of LAC 5, alley express* hi s 1 regret fur the stake iiidipoutise of bin Noble asd Frirad (Lord Eisuiur), which deprived their Lurdsbios haring the questiou elucidated in a enamor lb., sae • 4 the Noble Lord's urn, he eu eb ee d N a ll y i nto the arm that had been adduced an bulb aides and mutinied by II tag be would site Lir the A. caddies*. i Lord RIEDFSD*Lit supported the measure of pr . . by Sill. Lord Hort ass spoke la&lanation.aod asked Me ef Liverpool if It was halm that, eeppeeefele hums were agreed to whether.. K/ lea louse to the Report lorungbt up tomserrow, for if it wen, it use (Lord H) intention to more, proforyn, the .me that he had is the Committee, to give lellatuied nibs, Lords as *pp 'limit" of entering a Protest spirit the sores proposed`le Ministers. 1 l'he Karl o 'Li v "avast. said, the ' r 21$ert world brought up at the maul Imre of the Haase meeting t y 11.111WfMr. , Lord HeLLeelf, armee the/able,' fiAld Lord Liv I POOL if (oar WelealeCellevOsonlleahl ara/ h• • He wen erseered blithe aillesimifte The Marquis of Leinsamosest stied Alliehdes if it i' Hick introlima to adjust' the House after le money the Drew, or to immanent aittirinut 1 The Elul of Li VOMMIOL replied, arMeeld that se to dry the House would Meet Air tie purpose of basin a - Li femme with the Home 4 Cesaamins. Bet he amid all prow that when obey did eitivore as dausnisy. It s until Widoesity erentZTliete Lardelaias thee divided la Committee or the Aineadment. has three *Wiwi • Cosiente ..... .......4:...• fe Nua-Costesta. . me C Nalerity -..26 The Resolutlmes site then serried. sad Me 1 neared to be vembilif Tomorrow. this day et HALF PAST THRE E O'CLOC Ilitt g . ll.4 NEW TURA ROYAL. COVEY-04nORN THIN EV ENO NG, Dee au, EVERY ONE HAS FAULT, and HARLEQUIN AND AIIIIIODEVS. 771747 RE - 20F.Z11 1 : 113 / THIS EVENING, Or.c 11111 DE .•' *lv"' i 4 tsixTllllll HONEY If 1 and THE MAGIC THE BRITIg}I,II.IIES • i . ~,, LONDON. 1, .., 4 p : The following A L B D u:le c ti lm n i sh il eiro g y . estsrday Po St. James's " 111,k4eee Cowie, Dec. E. " His Msr !stir hie Lpalerd no indifferent o , and continues much the41111"1 as he H. w A IW LF I 0 " W. Hamm DEN a'M ISAILLIE. • R. WILLIS." • , messien••-•-• "H H 0 1.16 . I: The House of Lords met yesterday. and hen in resolved itself into a Committee on the State of lc Nation. the Regency Res .lotions, adopted by Commons. were taken into consideratioo. A iuterestiug Debate, of which we give a full Re. • I ensued. There was a full attendance, including , I the Royal Dukes, some of whom spoke. , I A Cadiz Mail arrived yesterday, with letters . o p :r e mo ra from uiia cityatnhyatees o to the the Peninsula was nearly the same as at the dale the last preceding accounts. m ___ . .. . . _. • Mr. MILTON started yesterday Illornin, et trhateliort 19th anctne. instant. The They state i I l' o'clock. Irmo Dover -street, on a line bleed I the property of Mr. Faunas of Chehalis ea match to Stamford, 90 miles, and in 5 1/ 011 " , a het of 300 gaineas to 300. lie was dressed I 7 , short black coat, black cap. and gaiters. i first hour was unpropitious for the match. • , the rider did 20 miles in that period : betting .1 6 to 4 against time at starting. The course .. _,• MILTON took was up Conduit-street. throu gh .I . street and Portland-road. off the stones. t ee . Edmonton by way of Balls-pond. He Peet cm ed horses at Kingalaad. lie rode 13 different h • and severity were iii waiting on the road ; the eq • , trian was accompanied by two friends at each at LI to acco lni u li rit i ! . ' t left no don 1 had won. and a oubertriient lICCOUII l i tin to w w i n th i a aw ho . rse nig . h ia t caz.o.faect t hat Ameelm• 1 on that head. We dirt OA hear the time to cps but further porticulam of ibis mime/ Winery ' 1 fonaance will he given tmemartrer. LONDON oraibled sod rehashed aittitelOdle: d li ;: et thread; Advertisements 'lliee 56651 " 4 .,5 piryg, h. Utast**. )K 1131, 14 ' lei ' II"' 7 Peblishee. ''' ... tii •er • •