The National Register.
London, England, 1819-05-16 00:00:00

Atter uninterestinz, debate the motion was withdniwitz

SINKING FI:ND.-31r..P. GAENrELL.thea broiled forenAl
his motion for raring ro the blie the:senefltoftLe apphadien
of t4e binkitl.Fund to. any ',eau tat might ba raiscd iu the

MAY 16.

precept year for the public service. It occasioned an enteLded
minterescien„ and on a division tlicre were Ayes 39.-Noes In---
Majority 78.
kNLISTNEVT IN FOREIGN SEIVEICE BILL.—The kyrott-
NET-GLal ERAL rose, to move bar leaveto hring in a bill to prohibit
enlistments in foreign service, and the tonna:wet of vest els of
war without liccose. The 11. w of out cuunuy on tads subject,
founded on a statute of George 11., ma !e it en eelimee amount-
ing to a felony to enter into the service of a foreign state. The
words of that statute might, however, ruise a dault how far it
was intended to embrace those entering into the service of States
not acknowledged to he such. It would be a most abiunl statement
of tile law, to say, that those enlisting in the service of an ac-
knowbalged prir.ce or stare. violated the law by dring so I and.
yet, that they were not prevented from entering into the service
of unatknowledged statew. The object of his bill, in a cettain
degree, was to amend the statute, by introducire after " king,
prince, state, piramtate," the words " cony 4e...district who do
Los :me :he pawns of a government." 'The intention of intro.
eueing t!. •• e words was to make enlisting in the service of nnac.
kteeitled;;A,powers. the stoic as tnlistine in the service of those
tist wc:c acanowledged. The lan, as it stood, on two statutes,
the 9th and tit. 29th of Gen. 11., annexed the heavy penalty of
felony to th- offence of er.''wing in the service of a foreign state:
a:though the law, as it formerly stood, and as it now stood,
was equally against entering the service of acknowleelg:al and tm. '
acknowledged bLilei, yet it could Lot punish those who enterer!
the service of ut.ac.cnowi-dged powers. If any neither country
was at war with her eisbiniel, and the stdriects of this country
enlisted in the service of these odonies, the law could tot punish
them : hut if they ciliated in Lite service of the modiet cnintry,
which was a legittinate power, they were liable to the penalties of
felony; tor to enlist in the service of as acknowledged state cer-
mtioly was a fanny. as the law now utast. But to make the law
consistent, it was ht, object, by this bill, to reduce the penalty
from a felony to a iniadenteamour, and to make the law equally

applicable to acknowledged anti to unacknowledged pewers:
Fn-
listing in the service of those parsons who had astpmed to them-
wives the powers M n omermilent. (whether they were juoirtable
not in assort ing those powers he sboold not inquire. bxame
lee wialied to moist the political r9oetssion of such a creation)
WAS a violition of that neutrality which this ennntry professed to
observe. In the :rend provision of the bill, two object+ were is
tended to be embraced—to prevent the fitting out of armed yes.
sets, and also to prevent the fitting nut or supplying; other ships
with warlike stores in any of his Alejesty's porta. Not that -yob
e easels might not receive provisions in any port in the British
ootninions; but the object of the enactment was to prevent them
from supping warlike stores, such as guns aid other things oh.
‘iously and manifestly intended for ro other purpose than war.
There were the usjecta of the bill ; anti unless it appeared to the
hoarse that they %mak to distinguish between legitimate states
(perhaps he ought not to use tire wont leaitimate"—he meant
acknowledged states), and those bele-constituted states that were
unacknowl Aged, he could not anticipate any objection to the
bill. He thee triie.:ed for leave to bring in a hill to prohibit en.
liornent. in fro sign service, end the equipment of veseals of w :r
without license. Before sitting down he begged to add. what he
hail forgot to mention when expLiniog the objects of the bill,
that he propeaaal the penalty on tree that oft nce should be to: it
misdemeanour. and on the eeeend fora felony.
feir JAMES MACINTOSH salt, that if he could consider the
present rt.:mime of his hon. and learned friend. merely as the
Irgioddetion of a reform into ear criminal legislation. bee would
riot, on the present occasion, have made a single remark; or if
he had, would merely have expressed his approbation of the pro-
posed amendment of the law. The repeal of the 2 statutes of
the 9C.1 and 29th Gen, 11. which constitutzo the entrance into the
service of a foreign government a felony, be highly approved of;
and he might, if trey had not now been brought into discussion
by his lion. and learned friend (the Attorney-General), have tilt
it his duty to have brought them soon ender the notice of tho
house. They were founded merely on temporary circumstances.
mid enacted penaltiea which terse revel:hag to humanity, mil
which, therefore, rhY.V could vevar be inflicted. Ili: lion. and
learned friend had given to these statutes a gee oel character, as
reapplying to ell Matt and circumstances; hot it lie :ael looked
onu history, he would have seen that they were intended merely
for temporary purposes—namely, to prevent the fonnation of Ja-
cobite antic., organized in Spout and France, arainst the peace
of this country• Though his honourable and learned friend,
however, had endeavoured to disguise the subject, and to keep out
or view the im iiediate object which the measure was ittended to
serve, it was impossible to mistake its general character, or to
avoid seeing its evident tendency. (Loud cries of berm, hear.)
I; was indeed a measure of temporary policy, affecting deeply
Cie character and Interests of the country, and requiring the moat
r ramu attention of the house before the, proceeded one sup in
the enoctmeot. (Hear, lieut.) The bill which his hors. and
leaned friend moved for have to introduce might, however it
was worded, and however otutioudy its object was concealed, be
entitled, " a bill for preventing British subjects frnin lending
their assistance 0 the South American cause. or enlisting in the
Sooth American service." (Hear.) The cautious abstinence of
Isis liqmouruble and learned friend from the political questioa
could not cover his political purpose. On the general subject of
the law, As now proposed to be amended, he (Sir James Matine
welt) would not make many observations. It was hapossible to
dispute or to deny that the sovereign power of every sate could
interfere to peevent itaambjects from engaging in the warn utother
state., by which Its two peace might be endangered or its own
interests affected. His \t easy could command iris own subjects
to abstain (torn acts by which tire relations of the state with
others might be diaiturbod, and could compel the observations of
peace iv.t.i them. The question could not therefore turn upon
rats 1 lie was sorpriscal indeed to hear that this principle could
be mado a swatter of disputa or doubt with his Iron. and /earned
friend. It was from the assertion of it, at the present moment.
that his (Air 111111 C% Ali: into9ll%) 111.31iCiollY were awakened.
Why was the !erase called upon, at the present gine. to assert a
doctrine which no one doubted. awnless at was Mean to apply it to
temporary objects ? Was the rinciple itself doubtful, or was
lioneat netundity intended by .the measure ? (Ihear. hear.) The
principles of teutrality only repaired o. to maintain the laws in
iteing, as they :dila the eh:waver of the belligerent; but
they mold not commatal its to eh.nge any law. Lewd of all.
could they require es to alter our :.ewe for the evident advantage
of one of the imartlea. (Hear, hely, from ail sides of the hoots.)
He was aware that his honourable and loomed friend had said.
that the enactments of his bill Ltd pieced both utpon a hoed but
so far at they exchanged the esi.uog law, they were In favour of
oee of the parties. According to the two statutes which this Hill
too intended to repeal, an evident advantage was enjoyed by one
of the belligerent. ; and mi. hills was Intended therefore to make
the omdition of one of them better, and of the other worse, than
it eras before. it was so fir, their lote. a departure front our
neutrality ; ir. it made a law to affect one party to the detriment of
auother. honourable friend, therefore, in owl at introducing
a memoir, to piescree the equal rights of Ore parties. had bltra-
thread a measure in eiliaa quite the reverse. It ought to be owl
laoted, tout tome who engaged in the service or Insurgent states.
or states that have not beton Acknowledged among tire family of
motions, however respectable fit the:rasa:km, were in a nuteh worse
cosecant than those who assisted recognised govennionita, as
they could not be reclaimed as prisoners of war, tool might, es
cegagiirg in whet was called rebellion, be treartd rebels.—.
This, therefore, might be one MASCO why they -St.. ezoorted