The Sun. — London, England, 1801-02-12 00:00:00

IiVIPERIAL PARLIAMENT. .• MUSE O 1 C'OMMONS. VIEDLOSPAY, EIIB. AT four o'clock a very considerable number of 'Members being assembled, Lard HAWKES.BURY rose and said, in con. sequence. of the Communication made yesterday to the House, he now rose to propose a Person to fill the Chair in the room; of the Right Hon. Gentleman who had thought it his duty" to • re _Sign. It is, impossible, that, the information of his resignation should, not have' made 'a most seri ous impression ;on the minds of the House. It is impossible that it 'should - not feet deeply the loss which it has sustained, from ;the resignation' of a person whose abilities,• candour, firmness, as aiduoni attention to' business, and vigilance to maintain,the dignity of the 'House, and the ho nour of the Chair, have been to long exercised in that distinguished sitnation. It is inipSsible not to regret the cause of. that resignation, as it is oe.casioned . by the Country's being deprived of the:benefit of talents as great and splendid as ever were employed' in the direCtion. of its Councils: It is, however, - a consolation that the talents of the Right , Hon. Gentle Man, whose successor the House is now to appoint, are not to be lost to the Nation. He his accepted a high and important of lice, which he neither. sought for nor wished, but to which he has been called, in' consequence of the present circumstances,' and the present alarming situation of the Country. I shall now propose, to fill the Chair in his 'Mom; a person whose abilities, unwearied exertion, and character, have raised -him to the head of the Profession to which he belongs, but whose attention to proalsioeal pursuits have not contraeted his mind - or his ideas, and 'who has been in the habit of &Voting his leisure burs to the study of the History and Constitution of the Country. His name it is now almost unnecessaiyior me to mention. The House will anticipate . the name ofSir JOHN MI TFOR D. candour, if abilities,. if a capacity for constant applicati - on to business, if suavity of manners constitute the qualifications most essentiul to a SPEAKER of this House,- no man can present fairer and strong er claims .to that high and -dig nified O ffi ce. His Lordship concluded with Moving ". That Sir JOHN MITFORD be called tet take the Chair." Mr. If. BROWNE said, that in rising to second the Motion made by the Noble Lord, he could not bur join in the regret which. every. 'Ocetleinan must severely feel, on the resignation of the late SPEAKER, and the causes of its . The Country has been for several years engaged in an , arduous contest, 'and during the- whole of that time, all the 4iigh Offices of Government have been tilled with per Sons possessing an intrepid spirit, great abilities, a courage, always prepared to meet .and encounter danger and difficulty, and in his opinion,, the most unsullied integrity. But of all . tilde Offices not one has been filled with greater respeCiability or dignity than that with which this House is more particularly connected, and thedischarge of the duties of which; , it has an opportunity of more immediately observing. Whatever prejudices may be entertained, from political opioionS, against some of the persona who are. retiring. from, Or coming into Office, 4 was persoaded that none was entertained against him. He was persuaded that tire was but ‘one opinion respdting . his conduci, and cha rafter.---He was persuaded that whatever dice he might be called to fill, he will maintain the charattler he has so deservedly earned, and that he,will not forfeit the good opinion which is en tertained of him.--He Will shew the 'same firm ness that he has hitherto done.—His courage will not-fail him in difficulty, and the same principles of moderation will guide his conduct. He did not mean to dwell upon the . charaCter of his Right Hon: - Friend, as he had beef) anticipated in any thins 'that he could say, by the observation; vvhiCh had fallen from hip: Noble Friend - who had made the Motion. He had only now. to express his happiness that there is another person in thi:i I-louse so well qualified in every respea to be his successor in the Chair. The Honourable anti .Learned Gentleman ' moved to bo called to .the Chair, all 'must allo w} to be well learned in the Law, than which no qualification is more 'im portant to a Sr E AXEL of the tioese of conirnOns. The_Bouse must recollect the pleasure' and . in struftion. which it has always received from his .speeches,. as a Member of Parliament, • He has always evinced the 'purest, and most fervent love for the Constitution and for his Sovereign. The importance, an d• even necessity ola SPEAKER of this House twin well acquainted with the pm: Lice of the Law, is a strong arothent in support of the Motion for calling- the Hon, and bcarned Qentleman to the Chair.—His temper and man ners are 4Uf.th as to conciliate respeft to himself and the opinions. of others. At this alarming pertot the great object of ail Parties ought to be to maintain. the Constitut ion .of the Country. It is :a t.t..at consolation that 'it is , wrengthened -of late ;so trileh..by the - Union of Ireland with Great BYFaiit, • and of her Legisla tors with the Britidi Parliament, The House of Commons is the _great support and defence of the Constitution, an l / 4 i how can it then better or mire effettual4 defcrtded than. by plaeihg in that Chair, a person who honours it best, and loves it most ? A great numher of Members calling Sir Jon N IVITPCOtD to the Chair, he rose and said, No Gentleman would be prprized that any person, standing in the sbuation to which he now did, should fee! himself deprived of his usual fa and'at a 10.,s in what manner ••() express hinv,elf. He did' not twin to make professions to the, House of his unworthiness the'honour, or in,:apaciry to discharge the duties of the situ, itt, to whkh it was now prversed to call.him r2si , ,oscion o; the public situation in His Majcs's Mile]) he had for some time held, would, no doubt, leave an impression, that be, nattered himself that he :was, riot . altogether unqualified for the office, to which it was pro. ' posed to all him, which .would be wholly in_ consistent with such rofessions. He had also g , the example. of the Ri' t Hon. Gentleman who Iris now resigned the Office of SPEAKER, waich he filled with so much honour to himself, .and advantage to the House„: who, twelve years ago, on being first called to that distinguished situ ation, did not think it necessary to follow the praaice- in this respeft, which-had been long maintained, but with that modesty.and humility which is always becoming, submitted to the coin !minds of the House. Influenced' by these con siderations, he should conceive it hig duty to sub mit, with respeft, to the opinion of the House; should they think fit to call him to ,an office, to. whiCh he had not -of hiniself aspired, but Whith being suggested to.hintby his friends, he would confess, had become the objeftof his , honest am bition. Eery person who was acquainted with his situation at the Bar, must .be sensible that he must make considerable sacrifices in . accepting the Office to Which; he was now proposed;_ more especially es he 'Might have looked forward to some of thcse situations Othonour and' indepen dence, to which tolerable talents and application commonly raise persons of that' profession. But an independent competence was all he had in view, and . that this might be earned in the way in which his services might be of the greatest use to l,is Country, was his most earnest desire. He was aware that though the House might now call him to the Chair, another Parliament may deny Mm that honour. In that case, he would betake himself to his profession, in which, he hoped, that by attention and application, he would again be en abled to gain that independent competence which he desired. If the House, however, should now think fit to call hiM to the Chair, he would, in one sense, consider' it as one of the happiest mo ments of his life. Mr. SIIERIDANsaid, that no man was more re'sdy than lie was to pay tribute to the profes. sional merits of the Hon. and Learned 'Gentle-. Man. He believed that no man is a greater ho. nour to his professiOn, liut he must say, that in his opinion, the qualities of a Lawyer are not sufficient' for a Speaker of the House of.Commoni: The Noble Lord, who proposed . the Hon. and Learned Gentleman to fill the Chair of this House, said, that he had devoted his time and talents to the study and praElice of the Law, and concluded ‘vith observing, that the House must anticipate the person ' he : was going to name.. But surely there were others in 'this. House, ,well learned iv the Law, anti who have devotetl their time to the study and praAice of it, whom it was pos sible to suppose that he would nam:. He did not sec, howeVer, the weight of thi6 ar gument in. favour of chusing . the Learned 'Gen. tleman proposed. It has not been the . praaice of this House in' chusing a SrEAKER, to look to knowledge of the , Law as tivc most es s ential qualification, but to the, honest zeal of an inde pendent Country Gentleman. It has nor beeh the pray tice. of this House, to chuse a - person who holds, or has . only resigned an Office which he held at pleasure under the Crown. Indeed, he was very much surprised on hearing' the I-lon. and Learned Gentleman say that he had resign rd his Office. On what rounds has he done this ? Was his eledion a matter of fixed previous arrangement ? Was he so well assured of the votes of the House r by those: .who are coming into office or those who are going out ? if, in deed, - there is any distiri!tiop between Ahern.— This alone, he conceived. to be .ground enough for the House to assert. its iPdependence, and to chum• another person. :He wished to know whether a person who has,not yet taken the oaths is eligible to . the office of Slq AIcER. —With this view he desired parr of the= Ail passed in . 170 z, on this subject, to be read. . • The paragraph of the .Ael was read, and pur ported that no person can vote or take a part in any debate, who has not taken the Oaths, pro_ vided a SPEAKER has been chosen. Mr. SHEK I DAN said he named no one at pre.. _it in opposition to the Gentleman proposed. Mr. PITT rose to make a very few observa.. tions upon what had fallen frOm the Hon. Gentle man who had spokeittist. The Hon. Gentleman seemed disposed to propme a Gentleman to , fill the important office of Speaker, without having at'all adverted to the circumstance, whether that Gen_ tied= was capable of being eleded, r' even of sitting •in that House—lf the Hon. Gentleman lad aiiverted to the Aa of Parliament, l►e would have found that it was.notonly impossible for the Hon. Gentleman to whom he had alluded, to express 3 that House his assent or dissent to the choice of he House, supposing it shobld fa . ll upon him ; -• • but for him even to be present at the Debates, wirhoutincurring the penalties prescribed by one Clause of the Aft in question, without having taken the Oaths in full Parliament. The Hon. Gentleman certainly could not have been aware of this circumstance, but having now an oppor. tunity of looking at the Ad, he hoped the lion. Gentleman would not press the subjea any far_ ther. For 'his own part, he was very far from pressing this obje(tion invidiously, but it was so obvious and so insurmountable, that he could not avoid suggesting it. He had heard a rurnpur of something of this kind being proposed, which had induced him to look into the question, and he hen found that the words of the' A were dis- tind and insuperable. The Hon., Gentleman seemed to be a little offended with his Honour- able Friend fox' supposing t hat the description which.he had given of the qtalifications neees. siry fur a Sp9ker could, only apply 19 his Learned Friend. The Noble Lord certainly did not go to, the extent of saying, that these qualities were possessed only by the Right Honourable Gen.. tleman who - had been proposed ; he hoped and tru:cd, that if that Right Hen. Gentleman were, not the . ojea of their choicc u that-there ytere many other (.3entlemen whose talents would en ale them , to discharge the. dilties.of that iMport,m)t. office with honour to themselyes and advantage to the House...lt seemed however ratlier singulu, that thel-ion. Gentleman,, who seemed !nut at. she very idea of attribtiting talents pecully.to any one person, should himself be so narrowed in his choke, as tetpropose a Gentleman sylio was ineli gible in -point of form. The qualification for which he seemed `lnclined to propose this Gentle man was certainly not one thaC . belonged ex clusively to him, it was, that he was a Country Gentleman, a title that he possessed. in common with many other Gentlemen of that House, but still the Hon. Gentleman could only seled one, andthat a Member who from .not having taken the oaths, could not consistently with the forms of the House and the words and spirit of an At of Parliament, he the object of their choice. The first objedion which the Hon. Gen tleman had made to the Motion of his Noble Friend, appeared to him most extraordinary, and such a .one as he WAS in clined to believe had never beennade before; it was, thal his Learned Friend belonged to the profession of the Law, andthat he had attained the highest rank in that profession which talents and industry could raise any man to, He did not mean to as : sert that there were not many Gentlemen who were not of the profession of the Law, who were well qualified to discharge the Ogee . of Speaker, but undoubtedly it could not be de_ . nied, but .that a knowledge of the profession, and that application to business- which gene rally , accompanied ir, must be extremely, ad , vantageons in the discharge of so arduous an Office. Besides, a man who studied the Law with enlarged and liberal ideas, must ac quire an intimate - knowledge _of the Con. stitution, and a love for it, increasing as that knowledge was augmented. These were cir cumstancea, that, in his oeinibn,. so far from be, ing an objedion, were the 'strongest recommen dations to a Candidate for' the Chair of that House. , He begged to observe, that it was not merely that honest zeal which the Hon. Gentle man had spoken of, that was necessary to qualify a man for the Office of Speaker : It required those habits of application, and that method and pie cision in the ilischarge of business, which belong_ ed to the Profession of the Law, whose proceed ings bore no small analogy to the proceedings of that • House. It was not only in the public pro ceedings of that House that the difficulfieS of the Office consisted ; there were many other parts of the duty that required those talents, and that vi gilance, which had been uniformly displayed by the ,Right Hon. Gentleman, who lately so• ably filled that Chair, and who, he had no doubt, would carry into whatever other station he might be placed,• those eminent qualities which were necessary in arduous times, for difficult situations. The other objektion which had been made, was still more singular than the former ; for lie objected to his Hon. and Learned Friend, that he had done that, which, if he had not done, he would. have been disqualified, namely, resigned his Office. So that the Hon. Gentleman had proposed one person. for the O ffi ce of Speaker, who was ineligi ble, and'objeded to another that he had qualified himself for the Office. If the Hon. Gentleman. would look at the Mt of Parliament, he would'. find that no person could be chosen Speaker of that House who held any Office at the will of the Crown. The Hon: Gentleman's objeftion, there fore, amounted., to this, that his lion. and, Learned Friend being ambitious of the honour of filling the Chair . of that House, and willing to take the chance of meeting with the approbation of the House, had taken the necessary steps •to Make himself eligible. The conduet of. his Hon. and Learned Friend, upon this occasion, had displayed that manliness and sincerity which he had ever shewn, and which he was sure must re_ commend him to the favour and'good opinion .of the House, and make, hiM the obje& of their choice. Mr. MARTIN said, that he had heard from different quarters so much of the 'integrity and other good qualities of the HonL Genileman, and among them his impartiality., that he was in:- duced to vote for him ; 'and he only wished, that if he was chosen to the office he would justify the idea he had of him. Mr. NICHOLLS said, the Hon. and Learned Gentleman's character, for understanding was very, high, and that was a general qualification for the office—but there was still another qualification in him that was almost peculiar ' to himself, and Which fitted him - most aptly for this office,, he meant the long _habit . that Learned Gentleman had been in, of considering 'Cases which related to . Rights of Private Property, and which gave his understanding 'a superiority in that mina over most others. This was likely to be highly advantageous to the Proceedings of ►he House in a great part of its business, namely, Private Bills of various descriptions. It would be a great ad vantage to have such a 'person in the Chair ref that Hciuse, for it would acquire a cliara&er which it at present wanted—that of being equal to the other House in their Provisions lin the Disposition of Private Property. Mr. SHERIDAN requested that the Ati of Parliament referred to by the Right Hon. Gentle. man might be read ; which being read by the Clerk . accordingly, it required that the SP m:ER of the'House of Commons should not enjoy, for the time being, any Office holden at the plAtsure of the Crown. Mr. SHERIDAN resumed.—He contended that what. the Right Hon. Gentleman had laid down in so peremptory a tone as the Law of Parliament on tins subjea, did not appear to be the fair con. sualion of the Ad, and that in his comment up on it, he had discovered a disposition to quibble and confound, rather than to explain, and lay hold of the letter of the Law, whilst he over looked its spirit. Mr. • Sif RR /DAN asked, how die spirit of the Ad could be followed up s if the person proposed for the Speaker's. Chair only re signed an Office holden by him at the pleasure of the Crown, an hour or two before the time 'of elation, merely that he might render himself eli gible according to the letter of the Law ? And he would , ask, suppose the Hon, and Learned Gentleman who so lately held the Office of At torney-General should, not he chpsen, would His Majesty's late or present Ministers (for he hard. ly knew how to make a distinction between them) vcnture to continue him in that Office ? Or would they have been so. unjust , as to have advised Ms MAJESTY to deprive the Country of the abilities of the Hon. Gentleman in his official charadm., without stipulating and pledging themselves to his elevation to the Chair of thr House ? . Their condua towards the Learned Gentleman' had been premature and rash, and towards the House dis. respettful. He would contend, that 'as- the Mt stood, his Hon. Friend was as eligible as the Hon. and Learned Gentleman, and that it would have been more decorous for the Learned-Gentle-- man to have come down to the House in his offi- eialcharader, and to have taken his chance of being elected to the Office of Speaker, rather' ' than to have followed the advice of those whom, the • ainsidered as his ,powerful friends. It had been argued, that his Hon. FOend, whom he meant to propose; was not eligible :bat this, in point of law, .he would deny ; besides, as he un derstood that the Hon. Gentleman he meant to have proposed had already; taken the oaths aboVe stairs, he would contend that he was not liable to any of those penalties in . the Aft : referred to. 1. When he mentioned, the name of the Hon. and Respettable - Friend of his whom he meant to pro- • pose (Mr. CHARLES DUNDAS), the House would at once see, that, he .meant tti' bring forward.no party man, and that the proposing luch a person would not be misconstrued into a proposal of fat' Lion. With regard to the Right Hon:Gentle man who had so lately occupied the Chair Of that . House, he agreed in every panegyric which had been bestowed upon him, and he must say, he felt deep regret at having lost him in his late cha , raeter;• and, without meaning any ;thing'clisre_ . if spetiful towards his proposed 4uccessor,, he mot, beg leave to pause, and, at least to require the evidence of fans, before he agree d i n the same pa negyrics upon him ; and he must say, that he felt his confidence. somewhat abated, from the changes which had .happened,. when he saw a disposition in'the new'MiniSters to follow .up the same mea stires with those who had retired. Lord GEORGE CAVENDISH spoke in a low tone of voice. When we caught his words, he was observing, that the present times Were pe culiarly critical ; it therefore became *House to, consider_ its true charader in 'the choice they made of a Speaker. He must say, that the Hon. Gentleman intended to' have been proposed, watt - . of that charater, from the knowledge he had had , of him for many years ; that had he been elated.: he was sure he would have done credit to himself' and the House. He was a Gentleman who stood' unconnetted with all-party, and- such, hadire beeil proposed, he should have given him his vote. He had long known the urbanity of his manners, and was assured that.there was not *. more firm and independent ,cllaratier. • .. ~ The HOuse then lOudlycalled for the Question,. that Sir jotor Mirponn be called to take the Chairs which-being-rend by the Clericrwat car:- ried without a di vi,,on. Sir Jo +N MITEORD was then conducted to, and seated in the Chair by Lord HAwrcEsnyki and Mr. 1. H. BRowNE. Sir yoinv AIITFORD, from the Chair, then said, that he could not but feel the deepest and most ' grateful sense of the obligation he wai under to the. House, for the Honour they had thus c o n _ furred upon him ; but he was encouraged to un dertake the arduous duties of the Office, in the hope of being honoured with the confidence and sppport.of the house, whilst it would be his ani farm endeavour, in discharging the' duties of the Qthce, only to consider what the SPEnKER of the House of Commons ought to do, without any al. fatiOn, prejudice, or partiality whatsoever. Lord ARDEN said a few words in so low A. tone, ;and many Members moving out, that n4_ thing could be heard. . 1 1 .171 1 said, bethought it right to zpprise the House, that it would be proper rei make known to His MAJESTY to.tnorrow;.'tor his, approbation, upon whom the choiceor a Speaker had :alle1).• The House then adjourned, at half pit five, till To.morros'. REPORT FROM THE COMMITTEE ON ORDER, RM;C ING IRELAND. • THE n s._, aeration, what additional Orders, and what other Regulations it may he Proper to Make, relative to the Proceedings of this 'House, in consequence of the Union of Great Britain and Ireland ; and to report the same, with their opinion,therepork, from time to time, to the House. Have, made a progress in the matters to them referred ; and have come to the following Reso lutions, viz. Azsoivsn, • Thit it is the opinion of this Committee, that alt Per sons who will question any Returns of Members to serve in Parliament, tor that par; of the United Kingdom called Ireland, which have been, or may be made to Writs al- ' ready issued, OE ordered to be issued, do question the same within twenty-eight days after the same shall have been, or shall be respectively returned into the.o town-Office of that part of the United Kingdom, called ingland. • • RzsoLvsa, That it is the opinion of this Committee, that all Per.. sons who will_yrestion any Returns of Members to serve in Parliament tut' that part of the United kingdom called Ireland, to Write het already issued or Ordered to be issued, do question the same, by presenting a Petition to this House, within fourteen days next; after the same shall have been brought into the Crown Office 91 that part of 'N the United Kingdom Oiled •Engi:lnd ; or by lodging a Pe tition in the (Mice at the Clerk of the Crown in that part of the United Kingdom called Ireland, within fourteen days next, after the same shallhave been brought into the said Office. RE.soi,vgai That it is the opiniort•of this Committee, that when any such Petition shall have bc.en lodged in thit said Office of Clerk of the.Ctown, in that part of the United, king dom called Ireland, within the time before limited, the said Clerk shall forthwith snake a copy thereof, to De pre served in the said 'Office ; itrunediately thereupon shall transmit such original Petition (in the method used in conveying Returns of Writs) to the . .pecker attic House of common., to be b . y hint !ant +avow the Hc.tc; and, that 'hi case no such 'Mil ion silA I have hecu lodged iii the said mike, within the time triore limited, the said Clerk of the Crown shall forthwith trinuinit a Certificate, in the trite 'manner, to the Speaker. of the House .of Commons, , ;igneel by himself or his Deputy, specifying the time when' Return was made, and ist no u 14.11 Petition had been lodged in his (Alice ptcvious to the Date of such Ccrtifieate; '