The Sun.
London, England, 1822-06-15 00:00:00

of a native, for he might withdraw it whenever he pleased. If
the allegiance were limited, the protection afforded to the alien
must in like manner be limited ; and the Sovereign must have a
right to remove him whenever his residence may become dan-
gerous.—The analogies of a similar power in the Crown were
numerous. The power of issuing suits to prevent a native
from leaving the country ; of ordering him to return - after he
may have left; of proclaiming peace or war; and of ordering
alien enemies to leave the country. Authorities were de-
manded for the exercise of this power ; and no less than five
instances had been given from the reign of Queen Elizabeth.
But modern cases were called for. That was not a fair way
of dealing with the, question. When it served the purpose,
the opponents of the measure took shelter in antiquity ; but
when that was against them, they called for modern authori-
ties. It was asked whether any decisions in support of such
a prerogative in the Crown had been given in Westminster
But he would ask, whether any such decision had
taken place in respect of the prerogative in the case of alien
enemies ? And yet that prerogative was never questioned, al-
though it had long lain unexercised. Now what foundation
was there in argument for denying the existence of the power
with regard to alien friends, which %vas admitted with regard
to alien enemies, merely from the absence of modern decision
in its favour, or from the long discontinuance of its exercise?
The Right Honourable and Learned Gentleman then proceeded
to notice the different sorts of danger which this country had had
to apprehend from abroad,in the times subsequent to lithe reign
of Elizabeth down to the year 1793; which he resolved into fo-
reign arms and disaffected subjects residing abroad :—the for-
mer were to be met with arms, the latter by the laws, and nei-
ther required the exercise of this power. But in 1793, a new
danger arose in the influence of those anarchical principles
which the demon that had usurped theipossession of the throne,
and the minds of the people of France, who had burst from
their chains before they were fit for freedom, had engender-
ed ; and which it had become a part of their sworn policy to
disseminate throughout all Europe. To protect the country
from that danger, the revival of this dormant power of the
Crown was necessary ; and he appealed to those who had sur-
vived the dangers of that period to say whether the preservation
of the country was not owing to the measures that were: then
adopted, of which this was a main feature. He did not
mean to assert that the dangers of that period existed at
present; he believed that the fantastic figures which the
French of that period had tricked out in the robes and drapery
of freedom, had long since been put down. If they existed at all at
present, it was only in the obscurity of the darkest places. But
among the number of Aliens whom the course of events drove
to seek a refuge upon our shores, were many mischievous and
designing tharacters,who only sought for apiece where they might
in security prosecute their tplots and intrigues against foreign
states; and it was incumbent on the'Government of this coun-
try to prevent such proceedings which might endanger our
foreign relations ; and no less so to protect our own popula-
tion from the contaminating influence of the principles and
intrigues of such persons. The provisions of the Act did
not go to prevent the arrival of foreigners in this country;
but only to require their compliance with certain formalities,
after which they were at liberty to go to any part of the king-
dom, subject to removal by order of the Privy Council, if
they were discovered to be dangerous persons ; and the re-
gulations for the exercise of that power were the only ones
under which it could be safely and efficiently exercised. It
was the only way of putting down the intrigues and conspi-
racies of foreigners in this country against foreign Govern-
ments, and preventing the country from becoming embroiled
in the disputes of such.Oovemments with their own subjects.
He admitted that the power of the Act was liable to abuse,
and that its conscientious exercise might in some instances
be productive of hardship, but those were the extreme cases ;
and his Honourable and Learned Friend had acted most mis-
takenly in arguing upon such cases, as if they were the ob-
sects for which this power was provided. He denied that the
power had ever yet been abused ; and he did not believe that
any set of Gentlemen could be found exercising the govern-
ment of this country, who would so grossly abuse this power as
his' Hon. and Learned Friend's argument supposed. He denied
that this measure was brought in as one of favour to any fo-
reign Government. Whether the Government of France, of
Austria, of Spain, or of Portugal, applied for its being put in
force, the interest of the one would be as well attended to as
that of another. It was the duty of' Government to act im-
partially, and lie defied any man to produce an instance of this
power being exercised otherwise.
Mr. SCARLETT rose amidst repeated cries of " Ad-
journ !" He proceeded to controvert the arguments on which
the last speaker founded the existence of the power contend-
ed for as a prerogative of the Crown. His Right Hon. and
Learned Friend referred to the power of issuing a writ ne
exeat regno, as analogous to the power of excluding or re-
moving aliens. But did his Learned Friend ever hear of the
issue of such a writ but upon application to a Conn of Jus-
tice in a civil suit?—(Hear, hear!)—Did lie ever hear of
such a writ having been issued under the sign manual, or
by au Order in Council ?—(Hear, hear, bear?)-As well-
might he deduce from the issuing of a writ of capias the
existence of a prerogative in the Crown to rend any man
to prison—(Much cheering.)—He strongly opposed the Bill,
as unconstitutional and oppressive ; and denied that even in
the worst times of our history (the arbitrary reigns of the
Edwards and Henries) such a power had existed. If the
Crown had such a power this Bill was unnecessary. It ap-
peared that Henry the Fifth being desirous, of sending
back to Britanny some Britons, attendants on his Queen,
could not do it until he had obtained an Act of Parlia-
ment to authorise him to do so. He contended that up to the
period of the first introductton of this Bill; aliens had always
been dealt with by the common law of the country, in the same
manner as other individuals were. The Bill had too long de-
formed, in a time of peace, the law of this country, and he
should therefore support the amendment of his Hon. and
Learned Friend.

Mr. HUME. in order that the principle of the Bill might
be fully discussed, moved the adjournment of the question to
Monday.
Mr. BROUGHAM gave the fullest appreciation of credit
to the motives of his Honourable Friend ; but he said he must
enter his protest against the habit that was nightly gaining
ground, of giving way to the idea, that whenever a particular
hour of the night arrived, the discussion in which they might
be engaged was to be as. a matter of course adjourned.—
Besides that this practice interfered with the dispatch of, pub-
lic business, itinduced a habit of breaking off the-atten-
tion of Members to the debate as that hour approached ;
when the greater part of those who were loudest in the call
for adjournment had not been present perhaps half an hour
during the discussion.
Lord LONDONDERRY also urged the lion. Membei for
Aberdeen not to press his amendment, as this was only the
second reading of the Bill, and it would have to go through
seven further stages, which would afford future opportunities of
debating the question.
Mr. HUME said he should press his motion for adjournment..
The gallery was then cleared for a division. The numbers
were— -

Against the adjournment 16166
For it

Majority - 150
The House then divided on th, original motion, when the
numbers were—
For the second reading
Against it

- 108

Majority - 34
The Bill was then read a second time, and ordered to be
committed.

Mr. DENMAN, after the Bill had been disposed of, ob-
served, that on referring to the printed Bill, he found it to'
be merely a Bill for continuing the Act of the 60th of his
late Majesty, which continued the Act of the 58th, which
continued the Act of the 56th. So that the whole of the en-
actments of the present Bill were to be sought for in the last
named Act, it not being the custom to reprint the clauses of
an old statute in the Bill fer continuing the Act of which
they' formed a part. He mentioned this, for the purpose of
pointing the attention of Honourable Gentlemen to the two
most odious clauses of this most obnoxious Bill ; and lie
hoped it would not escape notice elsewhere—he meant the
notice of the public press, that those two clauses placed the
liberties of the whole 25,000 aliens residing in this coun-
try at the absolute disposal of any one of the three Secretaries
of State.
The other Orders of the Day Were then disposed of, and the
House Adjcpmed at HALF-PAST ONE to Monday.

The Will of the late Most Noble ELIZABETH,
Duchess Dowager of Guar TON, was proved in the Prerogative
Court, Doctors' Commons, on the Bth inst., by the oath of the
Right Hon. and Rev. Lord Henry Fitzroy, the son and only
executor • the personals being sworn' under the sum of six
thousandpounds. It is expressed in the ordinary terms of a
letter to Lord Henry, consequently unwitnessed, and con-
tains no disposition of the residuary property, which will
therefore go to her Ladyship's children as the next of kin.
—" I shall have," she observes, " but little to leave, having
always wished to see my friends enjoy what I could afford
them. The furniture of my house in Brook-street to your-
self ; also two pictures of mine at the present Duke of
Grafton's, left me by your father, and his own picture now,
in my house. My trinkets to my daughters, and one thou-
sand two hundred pounds in the Four per Cents. to my
daughter Lady Augusta Tavel. I trust to you to do all that is
right." Her Ladyship desires to be buried in the plainest man-
ner, in the parish where she may happen to die. The will is
dated June 18, 1820.