The Sun.
London, England, 1830-02-26 00:00:00

TERCEIRA.

The Marquis of CLANRICARDE did not wi,h to
impede their Lordships in proceeding to the Order of the
Day ; but, seeing a Noble Duke opposite in his place, he
wished to ask him one question. The other evening, in
the debate on Portugal, the Noble Duke stated that ho had
a legal authority for stating that the firing on the Portu-
guese ships was justifiable. He wished to know if that
opinion was given in an official document ; and if so,
whether the Noble Duke would have any objection to lay
it before their Lordships? Such a proceeding was not, he
believed, unusual, and certainly it would not be unparlia-
mentary.
The Duke of WELLINGTON had such an opinion in
his possession ; but it was, he believed, the invariable
practice of the Government not to give Parliament such
papers.
Lord HOLLAND reminded the Noble Duke that if it
were the invariable practice of the Government not to lay
such papers before Parliament, it was also the invariable
practice of Ministers not to quote them.
The Duke of WELLINGTON—His Majesty's Mi-
nisters took the whole responsibility of the act alluded to
on themselves ; but he had stated as an argument in that
House, that this act was supported and justified by the
opinion of the legal advisers of the Crown. The Noble
Lords opposite differed from the Ministers; but the Noble
Lord, he was sure, must be aware of the fact which had
been stated. It had never been, he believed, the practice

to give up the opinions of the Law Officers of the Crown.
The servants of the Crown took the responsibility of the
measures they advised on themselves.
The LORD CHANCELLOR had had an opportunity,
having for some time filled the offices of Attorney and
Solicitor-General, of directing his attention to this subject ;
and though be could not say that the opinions of the Law
Officers of the Crown were never submitted to Parlia-
ment, he had always understood that it was not the prac-
tice to apply for such opinions. They were confidential
opinions given by the legal advisers of the Crown to the
Ministers of the Crown, to guide their conduct, and were
not to be presented to Parliament.
Lord HOLLAND was to understand then that these
confidential communications could be circulated among the
whole people, but must not be submitted to Parliament.
These were the most extraordinary sort of confidential
communications he bad ever heard of, which might be con-
fided to the people, might be quoted i❑ Parliament by an
individual who might state what those confidential com-
munications were, but Parliament must not see them.
They were used to influence the judgment of their Lord-
ships, and were of so much importance that he hoped the
Noble Lard would move for the papers, and then they
would know by what arguments the refusal of giving such
papers was justified.
The Earl of ELDON was of opinion that it was not the
practice to lay the opinions of the Attorney and Solicitor-
Generals before the House ; but he believed it was also the
practice not to quote thew.—(Hear, hear.) He recollected
this practice so well that he had been assured that Sir
Fletcher Norton, when be was Attorney-General, declared

on such a motion being made, that he would not give
another opinion in writing so long as he was Attorney-
General. He knew over and over again that the Attorney-
General's opinion had been asked, and if asked again lie
should vote against producing it. lie doubted, however,
if it were quite fair to quote the opinions of such high legal
persons, as they might influence the House.—(Hear, hear.)
Such opinions ought not to be called for, and he hoped
would not be produced.
STATE OF THE NATION.

The Earl of STANHOPE moved the Order of the
Day, and then proceeded to state that be rose to submit
to the consideration of their Lordships the motion of which
lie had given notice, and he regretted that the task had not
been undertaken by some one of their Lordships better
qualified for it than lie was. It would have been much
broughtee
of
information before
and
l
-
experience, who could have attracted their Lordships' more satisfactory to him, and more agreeable to their
some Lordships,
Peer o
iff the
abilities
at-
tention
lto the subject, and that the duty had not devolved
on him, an humble individual, whose opinions could only
be recommended by the independence and integrity of his
character, and by his sincere and anxious desire to pro-
itl.ec
atndhaeloquence, bn
pro-
mote and ensure the happiness and prosperity of the country.
Ile was aware that motions, similar to that he meant to
make, were considered both by those who supported and
those who opposed the Administration ; and by those who
adhered to every Administration however composed, as
direct attacks on the Ministers. It was said that
such motions for an inquity into the state of the nation in-
volved neither more nor less than a motion for forming
another Administration. He had no hesitation in avow-
ing that he was ready to go that length ; but if he aimed
at that object, he should think proper to tusks a motion
of a different nature from that be proposed, and move at
()ace for an address to the Crown, to temuve his Majesty's
Ministers. it was extraordinary that such objections
should proceed from such a quarter, and that those who
call themselves the friends of his Majesty's Ministers