The Sun. — London, England, 1811-01-11 00:00:00

IMP ERIA L PA lILIAIENI. HOUSE OP PEERS. TiItiESDAY, JAN. 10. Their Lordshipi assembled ut tea o'clock this. morning, in *pursuance of the adjournment of 'rues, clay, and soon aftei wards the Lord Chancellor took his seat on the Wools:wk. In the absence of Dc ptuy Usher of the 'Black Rod, the Sorjeant at Arms (Mr. Watson) announced at the Bar a Message lion) rho Houseirot Commons. It was ordered that the Mr:isengers be called in. Lord I.4OvAINE, and several Membets of the house of Commons, .brOUght up a Message, tie quainting their Lordship that the Commons had aopointed the Chancellor. of the Exchequer, Mr. Secretary Ryder, Mr. Robert Duntias, :and the ro a s. ter of the Rolls, to go with the Lords, mentioned tat it former Mess9ge (the Lord ervsideut and the Lord Privy Seal), to wait upon his Royal Highness the Prince of \Vales, with the Resolutions anJ Ad dress . .of both Houses, for supplying the detect in the pertional exercise of the Royal Power and also 'that they had appointed Lord J. Thymic, Lord Vis count Palmerston, Lord Clive, and Colonel Des. brow, to go with the Lords (Earls of Harcourt and Morton), to wait upon her Majesty with the Reso lotion and Address ut both, Reuses, relatit e to, the direction of such part of his Majesty's Household as may he requisite for the, conduit of his Majesty, and the maintenance of his Royal dignity.—Ordered to be laid on the 'rank.. to hold a scat in that House ; and consequently it was the duty of that House to proceed, wit bout de lay, to supply the vacant scat. Besides, as the Writs of Summons were simply. Writs of Service, it could ;not be maintained that the House of Coin motis was bound to wait tit( the issue of slid) Writs. He 'felt justified, therefore in contend ing, that not on ly upon the analogies of the case, but upon the reason of the thing; his motion ought to be weed in. As to she enalogy or the case, Ise would beg of Gentlemen to .cooeider how the question stood' with regard to Scotch Peers. In the ease of the dente ot a Scotch Peer-, rot being a Lord of Parliateeer, his eldsst son succeeded to hie title, and becatrie immediately disqualified is a: seat in'that House. No writ of summons Vvas to be expeded in that case, nor did that House require more more than a cei titivate of the face of the des cent 'from two of its own members, to induce it to direct the issue 11 new writ. He begged of Gen tienirn also toeonsider What might be theconsequence of Wail rug for ihe summons to :the other House.— No such, sutomOns was ever issued but epon the ap plication of the individual claiming the title. It might therefore so happen, thar a person, in the situetion of she Noble Lord, whose Neel was now vacant, by omitting to apply for such suminene, miglit keep the place he had previotiely represent ed during his pleasure unrepresented. It appears oil to him, thereee es, not to be necessary to wait for steel summons, Miless epee' tie grounds of tips dieney or ot incotiveuieece tsltth retied to, the in dividual or the public. With respect to the indi vidual lie must observe, that if the motion could be construed es hostile towards him, he could assure the House that he should not base been the person to make it ; an as to the question of public ipcom silence he was satisfied that it was all on the con trary side. Causidering, therefore, that the House of Commons' was not bound to regulate hit internal constitution by the proceedings of the other House, he was of opinion that it was else duty of that House to provide for the pee feet representation of Ghee et tershins by agree:ll4 to his motion, The Sete% Nee said, the reasoits which Ililtril'llll - hoe in offering the suggreoun, he had throe n outs arose from the circumstance of its trilig the constatit practice to add tic words he had Hie:intoned to every such motioe, lit proof of this; he cited a variety of instances, and directed the Cleric to read certain passages from tic Journals relative to the is suing a writ for Stamford, in the room o( General Barclay, tipsy Earl Landsay. Ireweito observed, that lie had omitted to state that the decision of that House last session, when a petition had been presented from certain eleaors of GlouceStershire, denying that Lord Durs ley had a right to his seat in that Hoese,he !teeing omitted to give in any qualifidatiOn at. 'the eleetion, was n recognition of hint as heir-apparent to the late Earl Berkeley.. • The CHANCEI,LOR of the EXCHL'QUEU, after the eerspictions explanation of the prat ice of the House which had been just delivered 'from the Chair, did not suppose that the House would, in this instance, depart trolls its invariable practice. As to the ease of the petition alluded to, lie was one of those who were of opinion that it might to heve _been inquired into. He had no heiiitation, however, to state, that on that occasion he declared that the division of the Hosise respeding the petition could not have any effeet upon time other question to be decided else. where.- The consideration of that case, therefore, ahould.be left out of this discussion. With respect to the inconvenience that ho! been adverted to as arising front keepiog the county of Gloucester unre presented, that might be a ground for such a mo tion •as the present. But even in that case; the *Reuse would be cautious of agreeing tO the motion,. where Pity doubt existed, tin the doubt should be removed by the decision of the competent tribunal The' individual should be left, thetefore, to the ope ration of the regular course, and no 'writ of sum- Mons could issue till the. removal of any doubt that existed. Besides, if the new writ were sto be is sued, end another eledion to take place, and if it should afterwards appear that the individual had a right to the title of Earl Berkeley, the House would, in 661, have deprived the county of Gloucester of its legal representative. lie would put It to the [louse, then, whether they would agree to this mo hone when in the course of two or threis days at tattle's!, the Parliament would be opened, and the Lords would most probably take up this question on an early day. He was persuaded that, upon consi deration, they would wait a few days for the deci sion of a competent authority upon the doubtful question, As to the case of Scotch Peers, he must observe, that as no writs of summons could issue in such circumstances, the House was compelled to act upon the evidence it could obtain. The cases, therefore, were net similar : as in the case of Lug. hob Peers, writs of Summons were invariably re. quired; in the other case, no such writs were riecess sury. tie should.nut negative the motion, because, though not expedient at present, it would be a pro per motion to be Made in some time. He concluded by moving the previous question. Mr. WHITBREAD concurred with the Right Hon. Gentleman in thanking the Speaker for his- explicit statement et what he conceived to be the practice'; but must observe, that it appeared to him that no precedent applied to this case, because it was one that had never before occurred. In the Stamford case, General Bode claimed his right to a seat in that House, till the' decision of the question of his right hi the outer House. But the Bight Hun.- Gentleman, in ' his view of it, bad not stated the Whole' of the question. It was in fad a qeestion whether Gloucestershire should be suffered to re main unrepresented for an hide:lleac time. They bad nothing to do with the case to be decided else where. It it sheuld.prove that Lord Dursiey had the right to 'they- Peerage as oldest legitimate soil of Earl Berkeley, then he would be a lember of tee other House s it nut, then he could not sit in that [Lest, he having taken .his seat in,it as heir-ape earent to the late Earl •Berkeley. In either case :he seat would be vacant, and consequently the tow writ ought to isiete. Besides, it wou:d btere membered, that when the House- was on t recent occasion called, the name of Lord Dui sley was iery properly put by. That, he contended, was it recog onion, on the pert of the House, ot Lead Derek!), as Fail Berkeley. When the Petition alluded to Was under consideration last Session, Lord Dursley in a manly wayeefeelated thlrhd Ithd giVen in no 'qualification, because he eltroeel to be, aeltecon tended he was t h heir -apparent of Earl Mirkeley. The House rejected the Pet4 l , and admitted-Lord Dursley to retain . Lis seat as heir -apparent to Earl Berkeley. If they %ere to go on as the Right Hon. Gentlemateepposite proposed, it might so happen, that the county of Gloucester 'Might continue un represented during the - %clerk of this Pailiament. With reseed . to the opi n i on of Mi. Speaker Onslow, which had been quoted . from the,note its Mr. Hat sell'e book, it appeared to l , int clear, that' as 'nu such Ease es the present had ever before -occurred, that eminent parliementary authority had . foreseen the possibility of sech a case, and recorded his opi nion respecting it. Upon the ground of such a high, anthoiity, therefore, he would 'coistelel, that it was' not Orersgary to wait for the issue of a writ of SUMMOIni. It would not avail to of eet or discred.t the validity ef the opinion alluded tie Every Mem- • bet - of Pail/anent was in the habit of considerhig• Mr. Haiselfs Book as of high authority. He %souk' beg the House, too, to consid e r how it stood with regard to' Gloticestersliiie. It tees v.CII kbewil what a degree of heat and fever „had been excited there. by the approach of en cleeion sharply to'lie contested by opposing part i'es. Win; the a Stale In whi hit Wiedd be ueSirable to leave t ha t populous cout:ty ? It: was- impossible 'for the llouse, by reject ingthis motion for it new Writ, t o tell the electors of Oloncestoshire th.it they ilitht still ctset inue represented. Hevitig *eeetsgoised Lor.l Dursley as legitimate heir tra late . fifher, 'they were bouod to ad upon that tecognilion, by considetioge him now as Earl Berkeley, and Maintaining hi the rights of the eleetors.of Gluecestershire the rights ur the people l a England. As 'no ,incemenience co u ld possibly arise: either to the ipdie kited or to the pub lie from wanting the be Was detertnincd to! oppose the pievious qvcstion. Mr. C. W. WYNNR differed in his View of this quest ion loins his floe. letiend, who Isati jies - t sat doe is. It it should ,iurn out that Lord Dbreey h a d no ritiht to the ti t l e of Btrl Berkeley, and le the sequenee rigieeing to vile Motion for liew Writ, an electiou shOuld take place, the House would be bound to stipi;rsede such Ghat ion. It had been much hoisted upo n , that UeleSs the'Writehould be ' issued, Gl oucestershire would • be utnepreseeted. the there had been cases of persons sitting in that House until the Reeort of the committee of Pri-"! vileges in the other House,had decided, their claims to the Peerage. He was of opinion that Lord Dorsley might continue to sit in that House till the decision . upon his claim in the other !Lease. It there could be any suspicion - entertained of any combinetioe for the purpose of ,keeping the county unrepresented, the ,House would undoubtedly be , bound to proce e d. B ut there bad been no unneces sary delay in The regular cuo'rse of , firuceeding wOur4 he by a petition to the 'Bong on the part of the hunt idled, which petition Would then be referred by his Al,ifiesty to the House of Lords, where the claim would be;decided in the Committee. of Privileges, He had been of opinion last -Session, that it was inconvenient and inexpedient to enter into the discussion of a quest*, which would more regularly be decided on the death of the late Earl Berkeley. Whets it was coosidered, that in the course ot.a few days this question would be de tertnioed'hy the compeeeht Tribunal, he thought the House would feel the propriety of 013bl:14141g from issuing the Writ. Though Lord Dursley en& be proved! by that - decision, nut to be intitled to the Earldom, it week] test follow, that the House was" to declare his former election void, • Mr. Ansetettusiele contended, that the question that first preseeted itself ',oil this subject was, Witt titer finding themselves in a difficulty, they should not exercise their cniCretion and the next was, how• . far they were to exercise that discretion. for lairu self he was convinced that ii they found themselves in any embarrassment they were booed to lean to the side of the Ocelot's. They were bound to main tain the right* of the people. He besought .the House to enter calmly into the' question, and to corr. skier what entries would appear on the subject on their Avenel, The first entry was, that Lord Durs ley had taken his seat in that House as eldest sun mid heir -apparent to Earl Berkeley : the next entry was the rejeetion, of a petition, denying his being so qualified ; and if the motion of the R;glit,,Hoe, Gentleman opposite should be carried, thelast entry would be, that, alter having, by suffering Lord .Dursley to sit as keir-appaten eis Earl Berkeley, cognised hiin as such, and having rejected ir Petitiun denying him to be whet he was represented to be, both by the Earl and Countess of Berkeley ; on a motion made for the issue of a new Wet on his succeeding to his father,. that House, notwithstand ing the previous entries, got rid of such motion by the previous question. If the, motion should be so disposed of, he would not consider it as ading.rea sonably on the part of that House towards the elec tors of Glocestershire. He should therefore support the original motion, Mr. Hoarsen wished toms! a few words, explaio ing the prieciples 'on which he meeet to giee - bi s vote. ',The first• Was, that the ,Peerege was is corn plete incapacitation for a seat in that House. The next was, that persons in the situation of the Noble Person in question must be Octet to be Peers until the decision of the competent tribunal upon their claim s , That House having recognised that indivie dual as heir-apparent to the late had Berkeley, he would contend that it was bound to tetse tits to be a Peer, and that it was no part of the Lew of Eng land that the issue of a - writ of ,sue mons sliceild waited for. In the case of Lord Butibety, though no wilt of summons bad been issued, the Cote; of King's Bench took cognizerice of the right ou question respecting the right of trial by Peers, and decided accordingly. in its favour. The ylestion then was simply this, that the Peerage disqualified for seats in diet House. The Scotch Peers having be-. come, Peers of tEuglanil at the Delon, were conse- , queirtly tfisquditied. The Peers of Ireland,, by a clause in the Union Aer e are permitted to sit in teat House, provided tfey waved their right as Peers.— It was his opitiroo, therefore, that that - eleu s e, and the Courts below were boiled reeeenize ths: tight of Lord Beikeley, until some Court of comptteee jurisdiction. " shall hav e - deackl aagainstit.' lllh . mischief might result from the contrary princV; He should not in deciding wha: vote to give) into his consideration :the rumour,. ii circul3P: If precedents in the affirmative were m ultipli4: hundred fold, they could not apply to this casc j : , the Stamfo r d case the writ had been '6llPersejt pro9t that it had been obtained on aro true in faa. 11 ever there could a - tune f ing such a wilt, and rendering full the rers t : lion 01 the people, 'it was present, %, tions of 'such vital imi)ortance ami' Jostiug tor, ences, Were:expected to be brought utidetero deratiob.. As to the . deiay of a few bcing ly to produce a - decision in the other 1-fousei was niit to be expoded, in the course t yea et t he ,,r o sent ParliaMent. There were several other ri! o pending, which would have precedence. lia o therefore support the motion. Mr. LoN9.edntetided, that the Stamford dam„ was exactly in point. The invinilbleyhtl . o; the House was clear, and ibis practice tun been recognized the act of I 7 84, lot auth cri '; ) , jeurtitnents of Session, a n eg rost the Spi.6ker to issue : writs, during a rei c . r , o itmters, that in case of f t t h l e re t' o t r ie ; the.succesqn bad bek.li called up to " A ' 11 '' Ll Lo ds Sir S. V it ir o l z, . - r u i L a L EAb vub e :e p rb l . a t.. i d n i ed. it (1 1 - 1 4(ion w9s clear. The county of Gioticesief at present unrepresented and might contiiiae,:f represenied, if the wilt now. moycd for 41061 ,10 be issued. Even 'though the Pialiatnent opened in the tittle stated by the Honor ril uee ee G,ntion.an opposite,. it did not follow ale e l 0. lion could be decided in .the other Hetliti that' in any reasonable time, 'course 'to be pursue' lie his was by i t e * v s i t t ' i t i b o c s i o ti t : i e ltLi., , i. e and al terwar b d e s of Lori". allure hi Privileges. in the s rt, t..l i to .c i:) r t o l d tCd t i t t ) o r t d fi c 'e cis A u c i t h ori i i t e ) );i: j e 7 o l e , Inuit b 1 'quite putt, th*en, That dettc- t ' t sescut k existing, 110, thion could be preoteti oo lteg b e iou nt . The bea t d bm ofGloucester shotahl occupy come days ; and vt as it 1 4 , lit that the !line ? had b c ien i v 5 n MIL it great ititrortance to the cOtittly 61(41Cesla 111.°1;ii any longer unrepreftmed, and alce) ter be no event, whatever luny he the. dec,isiett ° c o' l u il l ;i i i re.; l; r i el: l o l 7:l l d id ui l i:G .ll ':: flotise..—whether the title of Earl 13erke1 . ..7 10 114 . tirtped or the contrary be the caser—can the 1 10 )re t zt e t o ta , ti t :e lo r t e d t:ti u n o t ( i i i e s r sprat in that House. astill it•eticrehiedt‘4lt,aetlitinuipoot:),Gloucesiershire sLooid, incomplete ? Th e S tam f or d case IL'd I.lcrtie. did tibt claitt b r U a t s i l l i t c a t t r-t i Pp l i l i o rv t t'llit)pitl)y Lard hay . ) as lota Duritley did to. Ea' ` t it indeed, the cases wherein dOnbts had existed vitt cases of claimants as heirs presumptive, 1101 apparent. H e would leave it td the I.louse, ij whether, b e ca u s e no case exactly poil" ° ' 1 1 1 00 Wand . , they ough t to sut le r an obstavance 0 ; to interfere with the substatitial rights of ,the P.l• tors tors of ? Their late reprcio' lj oi claiming at; heir apparel/1,40 Peer, rutv‘t ,\; to at I P ie ee li i", 6t at l a d t. h i i 7 s B s 4 e3 , t did it t o t li i ( - ) l t u a u i s ) e pi t y i I ; 0 10 1 because it was itopossible that the Legislattire t d , bate intended the operation (ft that Act 10 , e11 ,,u1 to Cases of that description - . Nvi len t h e sub , L o 4o the question was so clear, he would not vote to be governed by idle torn olio sltu~l~ therefordlupport the original motioo. 110' Atter a short eXplatlation from Mr. W""'' House divided--. Fur the previous Question . 14 Against it 30 l ujilf, , l'ho m ain question was then carried for i ' he w ra j and the House adjutuued. ........--......._ MAILS. L)i..11-..1 Cadiz, a Libbon, i 4141ta, 7 Dublin, y % 4"' OF STOCKS THIS OAS At TWILLVIL O'cLueK• - 127 1 Red. A . nn. Consols . - t E 8 U N. SuL.AI (41+14 OACtita F44.1111M AUDIhr. LONDuA, rrtiDA, JANUALIY It, lAII " Windsor C as tl e , (an. ai l ' VA Sri " I ‘ IAIL3 Ti a ppOarS to be a Lillie imPl since yesterday. rc H. llALropv. U V. II t:1311:1),::E. " R. ~,:„; 0,0 We this dr,y lay before etir. Headers' Brio" rA r ' * ~.' : i t ' ' '. clAlicial statetnt;:it of Cie growtd, (,) 1 the all°'-"4:0 tii; of f lulland .to Fralle.: it is ditticult to pd .1, ,;,-' 4 1, with ipatieucei because ; it seews i° * „iii 4: been studiously' drawn up for the purpose of if 4. -; 'pi ) the unfortunate %shich he hashed ped upon them, the misery t°"'''.o he people of liollaod. The oPer eli i ° ,! l ' he . has redticed them, , are assigned by l ' ifll . l. , e , 1 1 ( his justificalion for . this final ad of it'i' lsl , r , w i , There is one passage i n t hi s p dper , hoc ° 0 0 1( which is important to this Country, f°r . Ut1 ,1 1 ; , NAPARTB (It.cLito that he is contending 14) % t o‘ r kt.:edum of the seas, which freedom he detil lc- ' . : t r, t o li tie, that Neutrals hare.a right to sail from irs°‘.l,ilit vrt4. port as they phNise, and' with the property °' -- ,:i'l,lS 1 1 :: Jo tritie,.whicl,„ if geretit PU:Vetti on board, without proteStitioa , ,t , it " established, "'at 'ttPeriPtity uselessi, he says he. will entig — 4 , . i 'm i tf oi l weans of the Berlin and Mil.ni Decre:!s 311( '. t) 1 1 ht: kti'' (04 .1 the 1, 1 e0,14 of Aitiet,C3 that tbiw : 1-- ' ' would renti e , l v t . L l , i La : .crew ~ ere lepe*J fr o m N t iv cal b 4 ir fasts TI4.OI'ENING 01 7 pARLIANIENT. The Earl of LWSRPO9L.—" My Lurk I rise to give notice, That it the answer t'ront h. r Adajeoy, and from his I.lnyal Highness the Prince of Wales, shall arrive in the thtle 1 contemplate, I bhall to. :morrow propose, trir your Lordships' considetation, tt fle,solution minitlar to the one agreed to on the 3 1 3t. of January, 1 7 8 9, req)ecting the opening of Partin , t . sueht by cumixlisHiub. IbkOXILS. The Lotto CliAtiELLoll•••••‘.' My Lordi, in con, twill:settee of the notice given by the Noble Earl, it 4tvould not be, thiuh,convenient that another tuo ;ion, of which I gave notice on TuLsday, should discussed on tue Name clay. I mean the subject idative to the reception of Proxies. l'shall, on that account, nokto move, That the order be discharged, the intention of apin giving notice at a.d.ty .1 ore favourable for the diwussion of that subject to-tnorrOw, which must call your Lordships' alention to too motion :announced by the Noble ,Order of the Day regarding Proxies was ac vdrdingly discharged.. Upon the tuotiou of the Earl of LivEtwoot., noube adjourned till 10-morrow. ROUSE OF .COMMONS. THURSDAY, , YAN. 10. T 1 e House met, pursuant to adjournment, at ten As soon as the SP4AKER took the Chair, The CHANent.ox' of the Exctigo.uta moved, /haft a c o omm t e e b e appointed to manage.a confer ence with the Lords in the• Painted C•tinber, oo the subject of the Address to his Royal nighties-, the Prince of \Vales ; ,which wits agreed A message Iran the Lords was 1411 annouuced, s i v iiyin g that their I.o»dships desired a conference w i th a Committee of this House, on the hilljut:,*l of the said Address. , The Conniuttee was the appointed, and they re paired forthwith to the Painte,i Chamber. On their return, Lord LoYAINK reported, that. the said conference had been held with . a Com- tnittee of the House of •Lords, and that they had agreed to the tteselutions,tcspeMing the said Ad drew, which, em the.. manna of itie Chancellor of the Exciicquer, was ordered to be entered on the Journals of the House., Another conference was,agreed to relative to the Andicss to her Majesty, and managed by the same Members; and Lord Lo%'AINC lui,orted that the same was agreed to. The CHANCE4Lqft of the ExcnEouriit then moved, that the saute pie entered on the Journals; which being agreed to, he next moved to adjourn hall-past three o'clock. NEW WR I' itciLoucEsTkitstnit E. Mr. How Alta iTioved, that the Speaker do ' issue his warrant tor rt new writ for the elaCtion of a 'llnight, of the Shire for the county of Glouces ter, in the nn n of Lord Dursley, now Esti berkeley. The Sricattstt asked the Ron. Merntft►r, whether he was, prepared to add Id his motion, the usual Words used ott such occasions, " called up by writ of liuminonta,to the House of Peers;' Mr. Howkar) repliW, that he was•not prepared to add these words, because, in point of - fact, no such writ of swim - ions had been. issued. He ap• prebended, however, that there would be no obj, c . riryt made to his motion, inasmuch Iry it \Yalta,' erica. Wished laet that the repie.,-istation for the county or Gloucester Was . now tkl-taive. That House, he persuaded, would net consider itself bound 10 wait the curtniiof the other Housereskuting the is-. aping of such Zvi it of summons, nor keep the county Unmeester withoutia representative pending the sttspeu,ion of such at. ullnutl4. ..lint it tlit7re Lould be a doubt entertained upon the IttlhiCet, that doubt would be removed by reference Iv the:i:uthority of a grem mitu; who'had tilled the chair of that House with great ability (he meant Mr. Speaker Onslow), as'it wits to be eotieett..d trout a note in Mr. ait rClis Donk of Precedents. By collitilt» tog that note, they would find it 11 tated on the tliorityof 0131, Went man, " that in Viim.tti of the LIC,II WU .01 I tt,l3 (3 133:1 Ot • the. gitestioo which he ilot then toucti mid titiotu civic's of feet, at,c,et:Linig to tiio pccrage by descent, it was not no (..e,,saly tot the 1 - i)uso otcominons to wait tor the. bwoirions, 'to the other tiothe, hot the House way itnloodi..l , ,vly to dift.tii bL! &Mgt.' t, 4 : I loom; won!il W,3ert, e that this clottriito ai , poc.ibk. to car: wider coo.iltiora. :I, or IA iietv 1 ittlS4lll stiecet4d, tl,) ei title 1.14 elJeo, i.v iilllll;,'Li . i,ittly :4 i'4.llr. Ic I)( tit P