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

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 ones
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
to him to 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-
lin 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 Couucils 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,
alectirmnagsfroireer:a.l'llluel_tothe:istiltiblae*Yrt:rAseklaiterd..:lllz;,hy:rhilh:iinitb:"::".
the dominion over one inii.i C" Lenlilnits
King
ever agreed to an act orliell mairri. mil, 'll,-;°"1'1, -
poser. they would deserve all the Ttid, I-6 Ft
country could poue'en theed: /
f Hear. h,'::''''l'en
'l'..le Lono CHtltlevt.tballii,J. ii.ot r.t1,,,, .
17584 he had thelltiribfif of a arm ni
i - . '
Huse of Parlininetti,titnil on the ,„„I !nature °'
flectinn he supported the Resolutions eilii4it" Iso ably urged
.11y the Noble Earl of Lir ill * • tdi
a precedent for them to for& their presentrtfirmni I
logs on. His Lordship took a Rommel i 7. .
the arguments which had been ea 614 urge 4 --
both rides of the House. and said he wan sus• eti di h;
ill was the only legal mode to proceed. He w' m s ignified pennant (the Royal Dukes) ukase weill,,, - '
so mach et heart. wield read the debates Amu Jake
evacuated the 1 krone, the Crown declared v *in
the Great Seal iu the 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 perami holing "
".
*
merely the servant, when the to departed. Ins
lion was also lost. He then grimed the altaialt'rc "' against the Duke of Norfolk, of the 3ml of Henry VIII
sot being in sosed 0111111 se hesafiseins, alasoi iseg,,,;* h
the wrong part of the WM. which was deelaral stls'
'by the twelve Jukes to bear n• avail, ea, in het, it
v"
executed by Hairy VIII . bet with his connect ."
mit by
ham Clark. It was neemeary fur Parilainent 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. Shit* was mar;
teased in their esammatime before the Privy Cavort!.
Lind &Mk Ile e said, it appeared that their benign
agreed that it one only by the Greet Seal ..., thrli
could speak to Perliatertet ; there was 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* his 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 euebeed Nally into 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 ty
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 THREE O'CLOC
Ilittg.ll.4
NEW TURA ROYAL. COVEY-04nORN
THIN EV ENO NG, Dee au, EVERY ONE HAS
FAULT, and HARLEQUIN AND AIIIIIODEVS.
771747 RE -20F.Z111:113/
THIS EVENING, Or.c
11111 DE .•' *lv"'
i4tsixTllllll HONEY If 1
and THE MAGIC
THE BRITIg}I,II.IIES • i.
~,, LONDON. 1, ..,
4
p
:
The following AL
BDu:lectilmnishileirogy.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. wAIWLFI 0
" W. Hamm DEN
a'M ISAILLIE.
• R. WILLIS." • ,
messien••-•-•
"H H 01.16 . 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 .
op:remora fromuiia 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
Il'
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. through .I.
street and Portland-road. off the stones. tee .
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
toaccolniuliriti!
. ' t left no don 1
had won. and a oubertriient lICCOUII
litintowwinthiaawho.rsenig.hiat caz.o.faect thatAmeelm• 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:dli;:et
thread; Advertisements 'lliee 56651"4.,5piryg, h.
Utast**. )K 1131,
14' lei' II"'
7
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