The Sun.
London, England, 1822-06-06 00:00:00

"tr
4,
--,•.".' S
'54475.
;43 ~
V

1 .
Crates
ates.had pursued. There were .two acts which appeared tl
be his own,. the placing a blister on the head of a prisoner, hy,
way of punishrtemt, and the confining a poor female, with her
infant, without giving them even the refreshment of a drop of
water. He hoped he would only be called upon to an-
swer for those acts which were undoubtedly his own,
and that the Attorney-General would be careful to lay
the venue in another County, and to make such 'other ar-
rangements as should secure him a fair and' impartial trial; and
counteract,so far as might be necessary, any disadvantages under
which he might labour at present. He, however, could not see
that the production- of the Magistrate's journal was likely
to prejudice his case, and from the manner in which it was
withheld, he suspected that it contained something of import-
ance. He concluded by moving'an bumble address to his Ma-
jesty, praying that he would be graciously pleased to give di-
rections that there should be laid before that .House thejournal
kept by the Magistrates. at Ilchesteijail. . .
Mr. Secretary PEEL said the Hon. Baronet had, perhaps
unintentionally, misled him and the House,' when rising as he
,had understood merely to move for the production of. the Ma-
gistrate's journal, he had gone into so many circumstances
connected with Ilchester jail.. He now proposed to -confine.
himself to the motion and the grounds on which he should op
pose it. He had already stated, that on the Reportof the Com-
missioners to the King, he had felt it to be his duty to advise
certain proceedings with respect to that Report. He had taken
the opinions of the Law Officers of the Crown. They had ad-
vised the prosecution of the jailer, and had accordingly directed
a prosecution to be commenced. He had also addressed a let-
ter to the Lord Lieutenant of the County, stating what 'had
been reported by the Commissioners as to the scite and condi-
tion of the jail; and requesting him, though he believed that
to have been unnecessary, to call the attention of the local au-
thorities to the subject. He also wrote to others who were con-
cerned, calling on them ' to explain what had affected them.
The Hon. Baronet adMitted that Mr. Bridle at present la-
boured under some disadvantages. All he "(Mr. Peel) desired
was, that these should not be increased, and; theiefote, he was
anxious that the .Journal in question, and the explanations
which it might be necessary to give with it, should be reserved
till after the trial. Then, should it be necessary to the elucida-
tion of the conduct of the Magistrates, he would pledge him-
self to consent to the production of any part of the Journal, or
the whole.' The explanations which would be given, he was
bound to say, would 'in many instances, afford much satisfac-
tido to the house. With the Journal, the trial being over, he
would consent to the production tif any document respecting
the scite and condition of the Jail, or the conduct of the Ma-
gistrates. Till then he hoped this discussion would be waived ;
he only wished. it to be postponed till it could be, entertained
consistently with the fair administration of justice. . One word
with respect to Dr.' Colston. The representations which he had
made had been confirmed by those received from other parties
who were not connected with him, and who were the same to
whor; Mr. Hunt owed the relief from the inconveniences to
which he Was formerly subjected. With, respect to the dehial
of permission to Mr. Henry Hunt to see his sister, he'would
repeat the words of Dr. Colston, which wetethat " the first in-
timation he received that Mr. Hunt had a sister at all he had
from the declaration of the Hon. Baronet. He had applied to
Mr. Hunt the regulation of -the prison with respect to females,
but doing so he had not the slightest idea that he was interdict-
ing him from seeing his sister." He(Mr. Secretary Peel) could
not hesitate to give credence to this statement, coming as it did
from a Magistrate and a Clergyman, till he had strong grounds
for doing otherwise. t
Mr. DICKENSON complained of the attack made on him
by the Hon. Baronet without the least notice having been
given of such being his intention. lie had a faint recollection
that on one occasion he went to look at a wall which a prisoner
had got over. What he did on that occasion was written down
and left in the jail. If, in that instance, he had sanctioned the
use of irons, he would appeal to any one in that House but the
Hon. Baronet, if they could be more properly aPplied to any
one than to a prison breaker. With respect to the .closing of
the door, he stated, that if the way had not been rebuilt, men
had been employed there at the time when it was ordered to be
shut. He objected to the production of the journal.
Mr. BROUGHAM, after what had been stated by the
Right }lon. Gentleman (Mr. Secretary Peel), *as the journal
could not be produced without prejudice to the Jailor, who was
soon to be put on his trial, thought the motion had been re-
sisted on reasonable grounds, and was of opinion 'the Hon. Ba-
ronet
had better 'withdraw it. '

The. ATTORNEY GENERAL opposed the inimedi6te
production of the book, as likely to prejudice the ease of Mr.
Bridle.
Mr. W. COOPER read a letter exculpatory of Dr. Colston.
Mr. Alderman WOOD maintained- that the defects of the
jail had not been remedied, and its t:tate- had been such that
4,000 prisoners out of 6,000 had been ill. lie did not wish the
motion to be withdrawn.

Mr. DICKENSON seated improvements to have been blade
in the jail, and a machine had lately been procured to pump
water up from the river. •
Mr. ESTCOURT said, with respect to the statement, that
out of 6,000 prisoners confined at ilch6ter, 4,000 had been
sick, rested on documents which had been framed for the Quar-
ter Sessions. A new account was made every' time, the whole
remnant being carried over, so that one prisoner who should
remain during_ three Quarter Session's would in theie returns
count for three. He did not think the production of the book
would be injurious to Mr. Bridle. It had been in the posses-
Eton of Mr. Httnt many days, and if it had contained any thing
that would make against the Jailer, he did not think it likely
that it would have escaped him (Mr. Hunt).
Mr. BROUGHAM explainecl.
Sir F. .BURDETT replied, and after some remarks on the
probable effect of the production of the book, consented to With-
draw his motion.
The motion was accordingly withdrawn.
ALIEN. ACT.

Mr. PEEL rose to submit a motion to the House which, but
for the discussion brought on by the Hon. Bart. (Sir F. Bur-
dett), he should have presented at least two hours earlier in
the evening. What he had to propose was, that the powers of
• the Alien Act should be intrusted to the Executive Govern-
ment for a period of two years longer. An Hon. Member
who sat opposite (Mr. Hobhouse), had desired some time since
that the measure might have a full discussion; and had ac-
companied his demand with a threat of adopting a remedy
something unusual, if that full discussion was not given. He
(Mr. Peel) did intend to discuss the question fully ; and he
hoped he should thereby obviate the necessity of that remedy
to which the Hon. Member opposite had alluded. While he
stated his intention of full discussion, however, he felt that it
would be impossible for him to introduce any think new into
the subject; and he must declare, therefore, against being
taunted with only saying things which he had, said before.—
Even those who differed from him most widely in opinion,
would admit that he opened the question fairly to the House, if
he touched, first, the nature of the danger to which he pro-,
posed to apply a remedy ; next, the character and extent of
the remedy itself; and last, the various objections which, upon
general principles of policy or apprehensions from abuse of
power, might be started against the remedy by those whO were
adverse to its application. And to begin, then, with the na-
ture of the evil which he was to cure. He recollected that
he was proposing the continuance of an Alien Hill at a time
when the country had been seven years at peace, and after an
assurance from the Sovereign, 'at the commencement of the
Session, that he continued to receive assurances of the fa-
vourable disposition of Foreign Powers. But every man
who looked back to the events of the late war, the circum-
stances. of the contest, and to the principles which had
produced it—every one who dwelt upon the consequences
by which that war had been attended, upon the subver.
mon of ancient dynasties and the establishment of new
ones upon the growth of fresh interests in the process of
the struggle, and upon the affection of those interests by
the transition from war to peaces every man who 'considered
these facts must admit, that it was not the mere signature of a
treaty of peace, nor even the duration of that peace for seven
years, that could extinguish the principles which had led
to the tumult, or conciliatethe various interestswhich had taken
part in it. He denied that the fact stated threw any imputation
upon the peace ; but every one who attended to the political af-
fairs of Europe must have seen, within the last two years, great
ferment and great political agitation : in some countries, open
and absolute revolution ; in others; attempts at the same end,
through the instrumentality of armed forces and secret socie-
ties; and in others, conspiracies which were of the most dan.
gerous description, but which the wise and timely exertion of
power had prevented from exploding. The' consequence of
those conspiracies and revolutionary attempts had heed the
ex-
patriation of many persons who were concerned in them. Many
of those individuals had sought refuge in this country; and,
notwithstanding that the powers of the alien bill were in exist..
ence, the protection which they asked had not in any instance

PRICE SEVENPENGE

been 'denied to them. No mattee what might 'be thAheranter •
of the man, tile principles he entertained, or the associations
With which he was connected. On bis arrival in this country
there had been an Wagon of thepast ; and the asylum which
he looked . for upon the shoees of Great 'Britain had not, he
(Mr. Peel) repeated; in a single lost:tilde:been-ref:seed. - Even
where infonnalities existed, which Might have borne Out ex-
elusion, he appealed. to Honourable Gentlemen before him if
those informalities had been taken advantage of. He stated these
facts, because he wished to shointhe House
.that England had
not forfeited her character for-hospitality. If in any one instance
the powers of the act had been employed, it had been in the case -
of an individual (probably Gen. Gourgaud) who bad come to
this country, not for protectionebut in order to make it the'scene
of his abominable designs. He (Mr. Peel) was holding in his
hand a list containing the names of several parlous implicated
in the events to which he had.been adverting. He did not think
that he should be justified in so exhibiting it as to give a clue
to the retreat of the individuals in qUestion ; but he said no
more than could be shown when he stated to the House, that
not a conspiracy nor a revolutionary attempt. for the last two
years, but had thrown some persons upon the face of this coun-
try. The fact-was, that-instead of the Alien Bill operating as
a terror to foreigners,the number of aliens basing increased dur-
ing the time of its enactment. In the year 1818 there had been
22„0004liens in the country :, in the preient year the number
exceeded 25,000. In 1819 the increase of arrivals above de-
partures had been 266 ; in 1820 the increase had been 640 ; ire
1821 the increasehad been 645: and in the five expired months
of the present year alorie, the increase had been no Jess than
655. It was impossible to avoid inferring from these facts that
the Alien Bill had not operated in any way to prevent the re-
sort of foreigners to this country, either with a view to their in-
terests, or to escape prosecution for their crimes. Ile hoped that
he should not now be met with the argument, that the increased
number of aliens formed an increased reason for withholding
the.powers of the Bill. If power over an increased number of
persons was to be called an increased power, then, had the num-
ber of aliens diminished instead of increased, he might have
made an argument upon that diminution of, power in fayour of
his measure ; but it would be most unfair to convert a proof of
the lenity with which the Act had been used into a plea for
continuing to intrust Government with its powers. Under this
Bill, then, he might engage to secure to the foreigner who sought
an asylum in this country an oblivion of the past.--(Cries of
hear froni the Opposition.)—He should be 'glad to learn what
was the meaning of that—(Hear.)—Was it intended to deny the
,fact ? and if not, he (Mr. Peel) would maintain that he had a
right to say to Aliens -You shall not abuse the hospitality of
these realms, you shall not, desecrate the sanctuary you have
chosen, by making it the scene of future conspiracies and ca-
bals."—(Hear )—lt would be in the highest degree improper,
and indeed unjust, to suffer this metropolis to become the re-
sort of all who should be disposed to enter into plots against the
peace of States with which we were in amity. Were the pre
sent Alien Act permitted to expire, such, he- averred on the re-
sponsibility of a Minister,-would be the case, and helield it
better to justify the measure whichhe was about to propose by
precedents and an appealed the kind he had now Made, then to lay
before a Secret Committee information Which it must be Always
desirable to conceal. It was with a view to a particular
evil shat he recommended the measure in question—a
measure to which he attributed the prevention of very eerious
evils and incovenience. lie could assure the House that in
bringing it forward he was biassed by no partiality or preju-
dice, and that he founded it not on any vague surmise. Still
less was he influenced by any suggestion from foreign Courts.
--(Hear, hear !)—No, it was as Secretary for the Home Depart-
ment, and by virtue of that office alone, that he should now
submit to Parliament the wisdom and expediency of renewing
thOse powers under which the admission of foreigners to this
country had been regulated since the peace.-,(Hear, hear !)
With regard to the nature and extent of its remedial infittence,
he was himself utterly at a loss to discover what there was about,
it to challenge so•detennined an opposition as . there was some
reason apprehend.—(Hear, hear !)—One of the chief provi-
sions of the Bill was that
.which required from every foreigner
landing in this country a statement of his rank and situation in
life, and in default of such communication imposed a penalty
On the ship-mastee in whose vessel he arrived. The more ma-
terial, however, indisputably, was that conferring on the Crown
a power to direct by proclamation, or order in council, soy' fo-
rbigner to quit. the kingdom. .In case of-disobedience, be was
'at first subjected to a small penalty, still retaining a right of
appealing to-the Council, after which he might, if he gave no
satisfactory explanation, be at once removed. 'True it was, that
-the whole measure mustbe regarded as a departure from the
ancient laws and policy of our Government, in favour of which
a presumption must always be entertained ; but .then this pre-
sumption must necessarily be subordinate to great emergencies,
and to dangers of a peculiar character. An Honourable and.
Learned Gentleman (Sir .J. Mackintosh) had the night before
attempted; and as he (Mr. Peel) thought not very fairly, to cre-
ate an unfavourable impression against this proceeding, by a
reference to Magna Charta. Just- so it had been usual to'al-
Jude to the policy. of Queen Elizabeth; and of States placed in
circumstances altogether different. Now any individual who
listened to the Honourable and Learned Gentleman, and.ditt
not happen to •be familiar with the original ,copy of Magna
Charta, must surely conceive that the admission of .foreigners
to our shores was established in it as a . ruling principle,
according to which the right could neither be limited- nor
withheld. On examiningit, however, there appeared no such
variance between its authority and measures of a more recent
date, •He found in, it, indeed, but one enactment that at all re-
spected strangers, and this, by the exception accompanying it,
proved to be far from a general or permanent regulation. Quod
mercatores habeant potestatem salvum ire et venire ad ernenthins
eel vendendum sea, omnibus mans toltis per antiquas eonsuetu-
dines. But it was also provided that, in the event of war, the
merchants of the country with which we had commenced hos-
tilities, should, in the first instance, be attached, and kept ih
custody till it was seen in what manner' our own merchants
were treated by their government. He believed,that on all such
occasions the balance of hospitality was in favour of this coun-
try, and it was also worthy of remark that the enactment which
he had already alluded to terminated with the phrase nisi antea
publics prohibiti, or unless the King in Council prohibited them'.
—(Cries of " No, no.")--As to the conduct of Queen Elizabeth
and the policy subsequently adopted by this country on the in-
vocation of the edict of-Nantes, the periods of those events bore
no resemblance to the present. When Queen Elizabeth, in
another part of her reign, was surrounded by different circum-
stances, she,probably recollecting the expression nisi antea pro-
hibiti, pursued a course wholly unlike what had been so loudly
commended. In the council-register of her reign might be seen
copies of directions issued to Bishops, to the Master of the
amine) two Aldermen of London (Haywood and Osborne), that
all foreigners not belonging to any church or congregation,
should be ordered presently to avoid the kingdom. Nere then
great Princess now alive, she would be disposed to form ,no exalt-
ed idea of their wisdom for, hesitating on such a measure, or for
appealing to,the opinions entertained by the Barons of King
John as a source of instruction with regard to it.--(Hear, hear.)-
—But, in order to fortify his argument, be might here allude
to a Bill lately presented by an Hon. and Learned Member
of that House (Mr. Scarlett) a Gentleman of high reputation in
the Courts, and who might' be considered as the model of a'
Whig Lawyer. He meant the allusion merely by way of pre-
cedent, not as a reflection in any point of view, though hp hoped
it might serve as an instance that Gentlemen on the other sine'
whatever were their political opinions, did not when they, sac
down. seriously to remedy a grievance think of referring to all':
the ordinances or principles of Md.gua Charta. The Hen. and
Learned Gentleman had recently introduced a Bill for the more
effectual removal of the poor, and this Bill enacted that a single ,
Justice before whom a pauper should be convicted of refusing
to work, or of leading an idle or disorderly life, might haVe the
power of committing him to the 'Holm of Correction, there to',
be kept to hard labour for a time not yet specified.—(Hearn
hear !)--Now he (Mr. Peel) was far from censuring this prey:- •
sion—(H ear, hear !)—but how did. it accord with the well-knoWn -
declaration of Magna Charta--Nullus liter homo-capiatur
. . .
e.
tmprisonetur niszperluds' aunt parium suorum g--(Hear, heir !)
could not be dented that all power was liable to some abuse;
but the experience of 7 years went to indicate that the proposetl •
measure was as little likely as any to produce it. jleturenliad•
been laid before the House, showing that the powers with which •

it invested Government had been exercised but in four instances ,
since the year 1815.. Doubtlessthiswas not a completejustification
but it at least afforded a presumption, that the continuance of
those powers would not lead to any practical evil or
thence. If it were said that these was no guarding against the
abuses of subordinate agents, he would undertake to assure the 2
"Ouse, that subordinate agents should never txerctse iheti 7,
powers, or be permitted to threaten their app/icatiOn. Ile did
not consider That foreigners were in any real danger of suffering
injustice by the effect of malignant insinuations on the mind of
,a Secretary of State, nor had the conduct of t'ie British Gc.
'vernrnent -hitherto been such as to afford an injurious examplu

-to the detriment of our countrymen resident in' foreign. states.
Ile row having thus stated the evil, the nature and extent of
the remedy, with the principal objections that he anticipated,
pledged hlinself on his responsibility to a just exercise of the
powers in question. He believed it to be a measure of lenity
and moderation.—( Hear, hear !) He certainly did not under-
value the opposition it might encounter, but he had rather sub-
-inn to any Inconvenience or unpopularity than carry about
with him during the recess, a heart-sickening consciousness,
that from the dread of these he had been deterred from bring-
ing forward a measure which he believed essential to our na-
zionel interests and security.—(Hear, hear !)—He concluded
by moving for leave so bring in a Bill for continuing the
Alien Act.
Sir J. MACINTOSH said, the subject filled his mind with
alarm and apprehension.—(Loud cheers.)—Those sensations
'were powerfully excited by the consideration of the nature of
the Bill, compared with the circumstances of the country under
which it was proposed—by the nature of the measure, viewed
in conjunction with the necessity which had been pleaded for it.
It was to him a matter of the utmost surprise and astonishment,
that on such grounds such a measure as this could have been
proposed, he would not say to a House of Commons, but to
any assembly of Englishmen, to any body of men accustomed
to the principles of a free government.--(Loud cheers.)—The
alarm and apprehension with which he viewed this measure,
was greatly increased by hearing it proposed on such grounds,
by a Minister whose transcendent talents he greatly admired,
and whose character he highly respected, on his first entrance
into his present high office, under circumstances which he
might have rendered so auspicious. He would assert, that on
the principles which he had urged as the ground of his applica-
tion, carrying them to the fair extent, he might propose the
abrogation 'of any one of the securities and safeguards of
our constitutional liberties. The power of this Act en-
abled the Government to send out of the country, to banish
from the home of. his choice, from the seat of his business, it
.might be from the sphere of all his fortunes, any foreigner living
amongst us. And those powers were asked for on no ground
whatever, 'but because there, had been no example of their
abuse, or, what was still more.extravagant, on the assurance
of a Secretary of State to the nritish House of Commons, that
they might trust to his responsibility for a security against any
abuse in their exercise.—(Cheers)—and to the operation of such
powers they were called upon on no weightier grounds than he
had stated to subject 25,000 men who were living under British
law !—( Hear, hear !)—The same grounds might with equal
force have been urged in defence of the power of raising Money
by arbitrary imposts in the time of Charles I. ; and he was
tempted to apply to it the words of one of the greatest patriots
of that period, " That he should hold himself justifiable in
withstanding such an exercise of arbitrary power, even to the
shedding of blood."—(Cheers.)—The average number of aliens
permanently residing in this country, he took to be about
20,000. Up to the year 1793, it would not be denied that the
Ministers of this country had no More power, to remove an alien
merchant living in the City of London from the sp!eere of his-
business than they had to remove an English merchant.—(Heir!)
The foreigner was then entitled to his habeas Corpus as well as the
British subject. What would have been said of any Minister
of the Crown who should have desired Parliament in those days
to pass a Bill of Pains and Penalties (for such this was in ef-
fect) on any single alien merchant, on his mere assertion of
danger to the State from his longer continuance in the country ?
Yethere was a proposal to pass a Bill of Pains and Penalties
against 20,000 British subjects, he would call them, for while
teey were here they were living under the protection of British
laws on the mere assertion by a Minister of possible danger to
the State, and his promise that neither himself nor those under
him would abuse the power of such a Bill. The Right Hon.
Gentleman spoke of the permission and sufferance of aliens to
reside in this country unmolested, and of the powers of the Act
never having been exercised, in a tone which implied that it was
no difference to them whether they lived here in the free exer-
cise of a right secured to them by the law of the country, or
under the sufferance and will of a Minister. What was that,
he would ask, but the doctrine of pure and unmixed despotism ?
(Loud cheers.)—ft was in-direct opposition to the principles of
our Constitution, and to the declaration of the illustrious
Hooker, that " to live by one man's will, had always been
found the cause of many men's misery.—(Loud and repeated
-cheering.)—The Right Honourable Gentleman said, we could
not allow of the repeas of such powers as long as foreignersmight
-come hither, and make this capital the seat of conspiracies
against foreign Governments. He could well believe that the
foreign Governments that had been forced upon the people
were naturally the object of their detestation but he could not
imagine a more inconvenient place than London for the pur-
Fee of ,conspiring to overthrow a foreign government. How,
ler instance, could it answer the purpose of any body of dis-
contented Neapolitans, in plotting and arranging the over-
throw of the paternal administration of the Austrian Govern-
ment, either at Turin, Milan, or Naples ? And yet it was on
the mere supposition of such a danger that they were called
upon to pass this odious law. The same pretext might have
teen set up in the firsteyear of the reign of Charles 11. for the
enactment of a Bill to give the same power to the Government
, -over 50,000 refugees, who had been freely admitted into this
country in the preceding reigns. But what would have been
thought of Lord Preston, the Minister of that day, if he had
' made such an application ? His reasoning on the subject might
have been rendered fully as specious as that of the Right
Honourable Gentleman, for it was much more likely that
those refugees should plot against Louis XIV., by whom
they had been unjustly banished. The period of Eli-
zabeth's reign was an awkward one for references in sup-
port , of this measure. He remembered an argument in
support of the Alien 'Bill having been founded in the
House of Lords, in 1816, on a supposed quotation from that
reign with respect to the exercise of the Royal prerogative in
the banishment of Scotchmen from England. That argument
wan revived in that (the Commons) House in support of the
Alien Bill of 1818 ; and it was afterwards discovered that the
precedent quoted was founded on a particular statute of Henry
cll. He was inclined to give as little credit to the precedent
drawn from the same reign by the Right Hon. Gentleman, of
the Order in Council to the Magistracy of the City of London
• to " expel such foreigners as should be found therein belong-
ing to no congregation." But, admitting its authenticity, the
last part of the order showed that it was aimed at foreign Ca-
thches, with whose countries it was highly probable this nation
wet then at war. The argument which the Right Hon. Gen-
elcrean had founded upon the meaning of the words "nisi
putCce prohibiti," he would leave him to settle with Sir Ed-
ward Coke, whose authority in Westminster-hall would not,
'he apprehended, be diminished by the Right Honourable
Gentleman's opinion of it. Sir. E. Coke had clearly and dis-
tinctly stated, that the meaning of those words was, "unless pro-
hibited by act of Parliament."—(Hear.)--But the Right lion.
Gentleman had contended, that the clauses of Magna Charts
extended to merchants only; but let the House look to the
state of society at the period whetv Magna Charts was signed.
There were at that time no travellers but merchants. They were
almost the only persons who visited foreign countries, and the
olause which alluded to them went to the greater part of the
foreigners who visited this country. At that period there were,
he apprehended, few gentlemen who thought it necessary to
cernplete their education by making the grand tour; few who
were disposed to visit the Court of King John in England for
fie purposes of greater polish and refinement—( Hear, hear !)
and theugh, no doubt; there were in those days very many
Learned Doctors, whoJectured on subjects of science in the
hails of Oxford, yet he believed their learned labours were not
much attended to by the youth of Rome, of Florence, or of Mi-
-1 en,—( Hear, hear !)—He could not but infer that as merchants
were at that time almost the only foreigners who resorted to
our chores, the allusion to them must have included aliens gene-
rally. But the Right Hon. Gent. had talked of the treatment of
merchants. It was true that by thelaw of nations one country
might retaliate the treatment which, its subjects had met from
another state ; but it 'was 'said we did -not retaliate 'after the
peere of Amiens the treatment which the subjects of England
had experienced in France. lie should be ashamed of his
country if it had so disgraced itself. He was too proud of his
country, to think that it could for a moment have descended to
such violent expedients ; and he was surprised that the Right
Honourable Gentleman should' have considered England en-
titled to praise for such an act of forbearance. For his own
part, he should consider himself a traitor to the honour of his
country, if he took praise to her for an act of common huma-
nity—Wear.)
Mr. . TWISS contended, that every nation had a right to
restrict foreigners from entering into it ; or, if it permitted them
to enter, of imposing on them any conditions which it might
choose. If they disliked the conditions, they would be at liberty
to remove ; but they could blame themselves alone for the con-
sequences if, in defiance of those restrictions, they came into
this country. As to the words of Magna Charts, they shewedl
at least that all persons were to be prevented remaining in
the kingdom after an Act of Parliament Shad been enacted to
prohibit them from so doing.—(Cries of Hear, hear.)—Where,
be would ask, ought such a power to be lodged except in the
Grown ? Where was the power lodged of recalling a British sub-
, ject from abroad.? Where was the power of naming-the place
to which a criminal sentenced to transpoitation beyond the
sect lodged ? In the Crown. Why, then, he would ask shodld
the power of sending foreigners out of the country be lodged in
other hands ? If the Parliament should keep this power in their
own hands, we should have one party calling out for indulgence,
one for immediate exercise of the power, and another party
calling. for, documents to justify the exercise of the p.ower, and,
in'the interim, all the mischief which this Bill was intended to
guard against would be perpetrated. The House had at
one time heard from the, Gentlemen opposite of the displea-
sure which these Alien Bills excited abroad, and at another
time, from the same Gentlemen, of the discontent created
In consequence of this country giving refuge to indivi-
- luals who bad been disagreeable abroad. But these asses

thins cannot be well founded ; but even admitting them to
be so, was this country to assume every thing against Fo-
reign -States, and every thing in favour of those Aliens who
had left their own country? It became this 'country to take
every precaution to guard itself against the factious and
discontented, who reeollected with regret the ,destruction of
a military State founded upon the ruins of civil liberty. Such
men were anxious to put every thing to hazard, and for such
men the great- desideratum was a spot where they could act
without Banger or detection. After looking round the world,
where could such men find a spot so desirable as England, where
there was no Minister of Police, no examiner of private papers,
no persons to interrupt their private correspondence—a country
in which they could procure all articles necessary for carry-
ing on their operations in a shorter time than in any other
country, and, what was of more consequence to needy adven-
turers, at a longer creditaaa country where the unbounded
license of the press afforded them the greatest facilities of pro-
mulgating their opinions to Europe. lie would say, that the
Government of such a country, where, in consequence of ltd
freedom, such conveniences were offered, ought to be extremely
cautious that this convenience were not afforded for the annoy-
ance of its neighbours. He did not mean to say that the friend-
ship of foreign States should be preserved by giving up every
person whom they might think obnoxious to them, but he
thought that this country would give just ground of quarrel
by not supporting the national honour. That Mr. Fox con-
sidered such a measure necessary to support the national
honour, was apparent from his conduct in 1793. They were
told that that measure was a war measure; so it was; but
the present was a peace measure, necessary for the safety of
the State and the continuance of peace. To prove that this
measure was a peace measure when compared with the mea-
sure of 1793, he woald'ask the Hon. Gentleman to look to it,
and see if any of those apparent severities with which that mea-
sure abounded were to be found in this? Would any man go
the length of saying that we ought now to abandon these mea-
sures after a war of twenty years, during which time a spirit of
discontent was created, and which was most likely to be brought
into action in time of peace, which brought idleness in collision
with 'poverty? Were we, because the surface of the ocean was
cabin /fever to expect a storm ? Was this country to expect that
it would remain at peace, when the neighbouring countries
should have become embroiled ? It was said that this country
was not likely to be overturned by the machinations of a few
foreigners. He trusted,- and he believed that it could not hap-.
pen ; but he thought every precaution ought to be taken, espe-
cially as history had shewn, how, without being overturned, a
country might be subdivided, and at last destroyed, by means
at first slight and almost imperceptible.
Sir R. WILSON said, that though the Right Hon. Gent.
opposite (Mr. Peel), in tnhoducing this measure to the notice
of the House, had declared his willingness to take upon him-
self all the responsibility of it, he could never consider the
measure as the measure of any other person than the Noble
Lord (Londonderry.) The Right Hon. Gent. in proposing the
continuance of this measure, had likewise told them that they
were now in the 7th year of peace. Instead of hearing that cir-
cumstance urged as an argument for continuing the Alien Bill,
he should have expected to have heard it produced as a•reason
why we should discontinue it, and should enter once more into
a state of amity with all the nations of Europe. The very pro-
posal to continue this Bill after so long an interval of peace,
proved the baneful influence exercised over our Government
by those great continental Powers which •had confederated to-
gether to impede the progress of kno-Wledge, and to retard the
march of constitutional freedom. Indeed, nobody could justly
deny that there was not instamped upon this Bill the signet of
the Autocrats of Europe. The Right Hon. Gentleman oppo-
site had indeed stated that this•was.noyhe case, and had said
that the right of removing foreigners from this Country had al-
ways been exercised as part of the prerogative. If this were
so, what occasion was there to apply to Parliament fora Bill of
this nature ? and why call upon it to grant to the Executive
Government powers, which, according to this statement, it pos-
sessed already ? He should ever contend that the Noble Lord
opposite, by obtaining the use of such powers, had disgraced the
country—that is, had disgraced it by connecting its police with
that of foreign nations, not only for information, but also for
staunch and active co-operation. Such a co-operation, ht
maintained, had been distinctly Foiled in the case of some Ita-
lian offieers,which he recounted to the House, but which was not,
however, distinctly heard in the gallery. The Right Hon. Gent,
had also said in defence of his Bill; that since the year 1820
only two persons had been sent out of the country under it;
but it would not alter the injustice of the' Bill, even if no per-
son had been banished by it. Arbitrary power, the Right
Hon. Gentleman must know, was never abused until it was
firmly established ; there was confidence to be gained—there
was vigilance to be lulled asleep ; and when that was done, it
acted with redoubled energy, as if to make up for the time
which it had previously lost. He did not meat, to say that
the Right Hon. Secretary had any intention of mating an im-
proper use of the power which he now requested the House to
grant him ; by no means: he only meant to say the Right
Hon. Secretary had a wish to eny such power, perhaps, for
the very purpose of showing that 'he would not abuse it. They
all knew the school-boy maxim—
, " Qui nolunt occidere quemquam
" Posse volunt.
; The gallant General, after some further observations Upon thi -
subject, proceeded to express his satisfaction that the cause of
freedom seemed to be gaining ground throughout the world,
notwithstanding the efforts which the British Government had
, made to impede it. They had passed the Foreign Enlistment
, Bill ; and, notwithstanding it, the independence of South Ame-
rica was atchieved. They were going to pass the Alien Bill
again, and he would predict that, in spite of it Italy would, once
more he free from its Gothlike invaders. The Noble Lord had
boasted in the speech he had put into the mouth of his Sove-
reign, that the legitimate savage still prevailed over Greece ;
but, notwithstanding that boast, he would tell him, that Greece
would yet be victorious over all her oppressors. As the endea-
vours of the Noble Lord to impede the march of liberty had
been so unsuccessful, he would advise him to desist from them
in future, and, by repealing the Alien and also the Foreign
Enlistment Bill, to give every assistance to men struggling in
behalf of their rights and liberties.
Mr. SCARLETT said, he feared it was hopeless to expect
that any argument would induce the House to look at the pre-
sent question upon constitutional principles, even though the
death of Napoleon had removed the last solitary argument
which had been offered for the continuance of this measure.
He had no fear of the influence of Foreigners in England.
There were no people so national as the English, or so
little likely to be influenced by Foreigners, and especially
by such as• were likely to be the objects of? the Bill. But
he feared some engagement had been entered into for the
, purpose of putting the police of this country on a footing
with thoSe of other countries. Ho denied that the King by
his prerogative possessed the power given by this Bill. As
, early as the reign of Henry the Fifth, a law had been passed
by Parliament to give him this power; and this he thought a
fair argument against that of the Prerogative. It appeared,
however, that the speech of the Right Hon. Gentleman amounted
to this—" Give me the power, and I will use it well ;" but this
was too general, too suspicious, and too frequent a promise to
be relied upon in a case of so much importance. The public,
he was sorry to observe, took but little interest in the pre-
. sent question.—(Hear, hear, hear, and a smile from Mr. Set--
, jeant Onslow.)—He was sorry thus to hear and see his Hon. and
Learned Friend opposite. Notwithstanding vulgar, prejudice,
he had hoped to see that of the few men in that House who
took disinterested views of constitutional questions, the Mem-
bers of his profession would be =ang them.—(Hear.)—The
tone and gesture of his Hon. and Learned Friend partook of a
triumphant scoff. His Honourable and Learned Friend was
mistaken if lie calculated much on the public indifference to-
wards this %abject. The public had taken but little interest
in the Bill for suspending the Habeas Corpus Act. Indeed, he
confessed that he should feel some consolation if the public
did take an interest in the question ; but he still trusted that
his Honourable and Learned Friend would give the House
an opportunity of examining the reasons upon which he, it.
seemed, was about to support the motion. Perhaps too his
Honourable and Learned Friend would at the same time say,
whether he was or was not proud of that part of the law of
England which gave freedom to every man the, moment he put
his foot upon its Shores.—(Cheers.)—He would probably in-
form the House whether he approved of the decision in the
case of Somerset, the negro.a-(Cheers from the Opposition.)—
He begged to apologize to the House. He had been betrayed
somewhat into length by the apparent invitation, the counte-
nance and feeling of his Hon. and Learned Friend. He chal-
lenged him as a constitutional lawyer to prove the necessity of
this measure ; 'but he should expect the proof to consist in ar-
gument, and not in the expression of his countenance; for if
he thought that was sufficient, he made the law dependent
upon his mere (Gill and pleasure.—(Cheers from the Oppo-
sition.)
Mr. Serjeant ONSLOW said, as he was called upon so
pointedly by his Learned Friend, he must give his opinion.
He certainly did express-his approbation of the sentiment ut-
tered by his Right Honourable Friend, that the puhlic did
not take any interest in this subject; but he he did not
do so from a sense of any triumph against liberty, but, he.
cause lie.considered the sense of the country a decided proof
against the assertion that this Bill was dangerous to gene.
ral liberty ,or .td the interests of Europe. He did cheer
this assertion, and he was satisfied that his Honourable
'Friend (Mr. Scarlett) was the only man that did not think the
indifference of the people a strong testimonial in favour of this
Bill. As to the assertion that the Crown had not, by Common
Law, any such prerogative as that alluded to, lie would- say
that, whether or not the Crown had such prerogative, the ne-
cessity of the case demanded she passing of this Bill. He
wished to guard himself against offering any opinion upon that
point;, but he would state that although the Crown had the

power of indicting those who disobeyed the Proclamations, yet
it had no summary power. He never heard that a Minister,
who called for a measure upon his own responsibility, acted un-
constitutionally, and he had frequently heard Hon. Gentle-
men, at the other side of the House, when certain measures
were submitted to the consideration of the House_, say, " we
want no secret Committees, let a Minister of the Crown come
forward and ask for the measure on his own responsibility."—
(Hear, hear!)--Nothing but an attack carried to the full limits
of Parliamentary decorum would have induced him to rise.
Mr. DENMAN said he felt the humiliation to which the
English House of Commons was reduced by the opening
speech of the Right Honotirable Secretary, and he confessed
that the statement of the Honourable and Learned Serjeant
had not reconciled him to that speech. The Hon. and Learned
Serjeant had not answered the case of his lion, and Learned
Friend ; for he had not shewn, or attempted to shew, the neces-
sity of the present measure.—(Hear, hear! from the Opposi-
tion.)—This was a Bill which suspended, or rather destroyed,
the English Law. The Right Hon. Gentleman had spokeifas
if he were the only person who was to exercise the power in
question • but, although the Alien Office was particularly
within the Home Department, all the Secretaries of State had
the same enormous power without any corresponding respon-
sibility. It was not enough *r the Right Hon. Secretary to
give his opinion of the necessity of this measure. He should
have stated facts to satisfy the House of the necessity of pass-
ing a measure which encouraged secret spies, and led to secret
sentences. He did not know that the power was not abused
even in the cases mentioned by the Right lion. Secretary. The
Right Hon. Secretary wished to., have the confidence of the
House in his opinion on the question of necessity. That Right
Hon. Gentleman must be aware that there had been no dispo-
sition on his (Mr. D.'s) side of the House to quarrel with his
general claims of confidence since the commencement of his
political life. They, admired his character, they respected his
talents, and were not inclined to examine too severely the cir-
cumstances under which, or the time at which, he liad joined
an Administration which he had formerly so ably exposed.—
(Rear, hear ! from the Opposition.)—He (Mr. D.) for one felt
great respect for him ; and, to prove his respect, he heartily
wished that :the; name of the Right Hon. Gentleman had not
been connected with such a measure as the present. He
(Mr. D.) should not examine at length the merely probable
evils which might attend this measure. They were such as
were to be expected from secret complainti made before-secret
tribunals; but with regard to the allusion to Magna Charts, he
could not forbear saying, that, for the first time in the House of
Commons, he had heard that statute spoken of in language el-
most of ridicule.—(Hear, from the Opposition.)—He, for one,
approved of the law ; and would beg the House to contrast
Magna Charts with the present Bill. The latter gave power to
a Secretary of State to deliver a foreigner into the custody of
a messenger in order to his removal. The former declared that
" all merchants should have- safe and secure conduct to go
out and come into England. to tarry therein, and go through
the-same by water or by land, and to buy and sell, according
to the old and rightful customs, except in time of war."—
(Cheers from the Opposition.)—Even on the breaking out of a
war, the foreigners were only required to find hostages. The
Right Hon. Gentleman had referred to the time of Queen
Elizabeth ; but the Stuarts and the Tudors had abused their
power. It was not in their defence, but in that of the oeople
of England, that he had risen on this question. Ile differed
from his lion. and Learned Friend (Mr. Scarlett) as to his
despairing of resisting this measure. Ile hoped the English
House of Commons would not in this, the eighth year of peace,
consent to the re-enactment of this most dangerous law. He,
trusted it would meet the most vigorous opposition at every
stage. The people had shewn an apathy on this subject, but
the people of many countries often suffered despotism to grow
until they felt its strength. With respect to the language of
the Right Honourable Secretary, in allusion to those who had
taken a part in the late Revolutions, it was painful to hear
themcalled conspirators.—(Hear, hear ! from the Oppo-
sition.)—.What ! were they conspirators who planned the
Spanish Constitution ? Was that of Portugal a. conspiracy ?
—(Cheers.)—Were the exertions of the heroes of Spanish
America to be called a conspiracy ? Would to God he could
name Naples as being another in the list of such conspiracies.
But the Right Hon. Secretary had said, that on the coming
of-those Gentlemen to this country their crime had been buried
in oblivion. Their crime was the having fought for the liberty
of their country.—(Cheers.)—And then the Right Hon. Secre-
tary took credit to himself for having, as it were, passed an act
of amnesty in their favour. In fact, he had pardoned them.—
(Cheers.)--He had pardoned those
.glorious martyrs who had
endeavoured to establish a constitution upon a kingly basis.—
(Loud and continued cheering from the Opposition.)—He
trusted the House would never consent to the passing' of this
most odious measure.
The Marquis of LONDONDERRY said, he had come down
to the House fully prepared to meet the shock of argument
with which they had been threatened, and especially as they
were under the terror of a penalty to be inflicted upon them by
the Hon. Member for 'Westminster (Mr. Hobhouse), who had
threatened to move perpetual adjournments if Ministers did
not answer the arguments which were to be urged against the
measure. Undoubtedly when Hon. Gentlemen condescended
to offer argument, they would be met by it.—(Cheers from the
Opposition.)—An Hon. and Learned Gentleman had appeared
to look with alarm at the beginning of the political life of his
Right Hon. Friend. He (the Marquis) therefore concluded,
that he might congratulate the House upon the prospect of the
• long continuance of that life in the service of the country, and
in the advancement of those principles which were calculated
to exalt the liberties of the country.—(Cheers from the Opposi-
tion.)—By liberty he did notmean that unnatural liberty which
consisted in licentiouSness, and which delighted only in revo-
lution, bloodshed, rapine, and conspiracy. England would
not deserve to have, true liberty if it suffered its soil to be made
the nuisance of Europe. if he might examine the counte-
nances of Honourable Members opposite,. and surely he
might, after what had taken place that night with respect
to his Honourable and learned Friend behind him, he should
say that the countenance of the Honourable Member for South-
wark (Sir Robert Wilson) appeared to beam with delight
at the bare thought of that glorious confusion which went to
the subversion of established. Governments.—(Cheers from the
Ministerial Benches.)—He (the Marquii) disclaimed the idea
of inhospitality to foreigners. He would treat them as he
would treat the petitions of the people.—(Cheers and a laugh
from the Opposition.)—When, in the first case, hospitality was
abused, and petition was made a mere vehicle for conveying
expressions of contempt towards the House, he would have
the persons who committed the one and offered the other
met with every firmness and treated as they deserved.—
The strongest case had been made out to justify the present
Bill; but the other side appeared to hold every thing in reve-
rence which overturned rule and divided the elements of So-
ciety. He assured the House that the Bill was not connected
with any understanding with any foreign power. On the
contrary, it had been distinctly agreed that the, presect Bill
was not even to be enforced on any occasion at the request of
any power whatever.—(Cheers from the Ministerial Benches)—
Indeed, he would call upon the House to vote against the mea-
sure if they believed in the existence of any such understand-
ing. The House, he was sure, would not allow itself to be
misled by mere general declamation about liberty, or by the
argument that this measure might
.possibly be abused. The
possibility of abuse was never denied ; but the House would
consider the present inconvenience against this possibility, and
decide accordingly. If in the future gage of this Bill, any
thing like argument were offered against it, although it was
irksome to travel so often over the same ground, he could as-
sure the Hon. Gentlemen they should have argument for argu.:
ment, and speech, for speech.--(A laugh.)—But at present he
confined himself to giving a distinct denial to the statement that
this Bill was brought forward upon an understanding with
foreign powers.—(Hear, hear !) •
Sir JOHN NEWPORT said, it was very natural for the
Noble Marquis to deprecate the mention of liberty. No doubt
it reminded him of his own conduct in early life; and that
before he entered that House, he had destroyed the liberties of
his own country.—(Cheers from the Opposition.)—When the
Noble Lord held out threats to the people in consequence of
' their Petitions, he was pursuing the course he took in the Par-
liament of Ireland. The Bill could not be justifipd by a plea
of necessity. They had nothing but the assertions of Minis-
ters, upon which he never could rely. The Noble Lord had
said they lived amidst the ruins of Empires. The Honourable
Baronet could not understand the meaning of that phrase, un-
less it applied to the events in Spain, Portugal, and. America.
Could it be said Spain did not enjoy a better Constitution than
' they had before the revolution ? When Ferdinand Vll2tram-
pled on the rights of the Spanish nation, ,they were also told of
the spirit of revolution and the wreck of empires ; and even at
the present time, when civil liberty was extending so much to
the benefit of society, they heard the same language.
Lord LONDONDERRY explained.
,In using the term of
the ruin of empires, he did not mean to apply them to the
States alluded to by the Right Hon. Baronet.
Sir JOHN NEWPORT said, he could not conceive to what
States they could apply unless to Spain and Portugal.
The Marquis of LONDONDERRY said, he only meant
those countries which had changed their constitutions by mili-
tary force.
Lord STANLEY said, he never could sit by and hear the
Noble Lord assert that this country was a nuisance in the eyes
of Europe. England had been always looked upon as the
land of liberty, and the very slave who touched it became free,
and he could not avoid expressing his reptobation of the ex-
pressions of the Noble Lord. As to the immediate question,
before the House, he had always felt the strongest objection
to the measure, and in that opinion he should now persevere.—
(Hear, hear!)
The Marquis of LONDONDERRY said he had been mis-
understood by the Noble Lord: he never said that England

was a nuisance; but if it gave a countenance to conspirators,
then it would become a nuisance.

Lord STANLEY said, if the Noble Lord had satisfied his
own (hind, he must only say that he had not satisfied his.
Lord A. HAMILTON expressed a hope, that if the Bill
should pass, it should .only be for a year, but even for that,
space of time he should have the strongest objections to it. It
was his opinicn that England was very likely to become a nui-
sance as soon as it became a site forthe persecution of foreign-
ers.—(Hear, hear!)
Mr. PEEL rose to reply., He said he did not wish to de-
tain the House, but he could not consent to waive the privi-
lege of reply after the personal appeal which had been made
to him, and the gross misrepresentation (unintentional, no
doubt) of the Hon. and Learned Gentleman (Mr. Denman)—
(Hear, hear ! )—That Hon. Gentleman had stated that the
Gentlemen on his side of the House had always treated him
(Mr. Peel) with candour and forbearance, but lie was surprised
at the explanation he had given of that forbearance. For when
he stated that it was not merely that they abstained from cen-
suring the particular measures in which he had been engaged,
but had declined commenting on his conduct in joining the pre-
sent Administration, lie must tell that Hon. and Learned Gent.
that all he deprecated from him was his charity.—(Cheers.)—He
would tell him that he defied his scrutiny, that he did not fear
his accusation, but what he did fear was the insinuation that he
could produce an accusation, but which in his great candour
and forbearance he withheld.--(Hear. hear !)—He was greatly
mistaken if he supposed that he'sat there with
" Bated breath and whispering humbleness,"
for that accusation which tie held in his pocket, and which he
could, but would not produce. He would tell that Honour-
able Gentleman that his (Mr. Peel's) acceptbnce of office was
as pure and as honourable as his. And he challenged him to
produce any reasonable ground, or even a shadow of proof, for
a charge. He had joined the present Government when
he first came into public life, at an earlier period than he
wished, and when he now Joined them again, if he must
speak out, he could tell him that lie had not accepted
office by his own solicitation.—(Hear, hear, hear !)—As
to exposing the measures of Government, the only occa-
sion (except on the great question upon which. he .differed
with some of them) on which he expressed an opinion unfa-
vourable to their conduct, was when the rote of censure was
proposed on the Ministry for the proceedings against the
Queen. He then stated that he could not concur in the mo-
tion, I,ut he disapproved of erasing the name of the Queen
from the Liturgy.—(Hear,. hear r)—He felt it necessary to
give these explanations in Justification 'of his own conduct.—
(Hear!) _ _ _ _

Mr. DENMAN explained.—He said, as far as regarded the
personal charge on the Right Hon. Gentleman, he wished
to stare that he did not' Mean to misrepresent him, nor did
he yet understand how he had done it, for he could not forget
the exposure which he had made of the measures of those men
amongst whom hehow sat; for on the occasion when a vote of
censure was proposed on the Ministers for that proceeding, to
which he would not then apply any epithet, he distinctly stated
that he disapproved of the erasure of her Majesty's name from
the Liturgy, and the absence of all due respect in not acquaint.
ing her witn the death of his late Majesty. He did therefore
think that in this exposure he found a proof of his assertion,
that although he would not concur in the-vote of censure, yet
the Right lion. Gentleman expressed his disapprobation of the
conduct of the,Ministry.
The House then divided. The numbers were—
, For the Motion
Against it -
• Majority for bringing in the Bill
Leave was then given to bring in the Bill.
The other Orders of the Day were then disposed of, and the
House adjourned at HALF-PAST TWELVE O'CLOCK.

189
92
- -97