The Sun.
London, England, 1819-06-04 00:00:00

FOREIGN ENLISTMENTS FALL.

The ATTORNEY-GINEHAL moved the second
reading of the Foreign Enlistmeets Bill.
Sir R. WILSON: opposed the second reading of
the I3iil. The principle of the measure he held to
be highly objectionable, and wholly at variance
with the ancient law of the country. 'The Acts
of 9th and.29th of George the Second, respecting
Foreign. Enlistments, llad been reterree to, as if
they had not been framed to meet any particular
emergency, but
,were a part of the general policy
of the country. .11. e must therefore make sonic
reference to those Acts. The fitst of those Arts
was passed in the year 1736. What was then the
Stale of Europe ? The King had sent down a
Message to Parliament, stating that France and
Austria had sigoeti preliminary articles of Peace,
and that the good oflices of England were re-
quired, not only between France and Austria,
but between all the belligerents. These ciecrun-
stances seemed to render such a law desirable,
but he denied that there was any thing in our
present situation that could make this necessary.
In 1756, when the other Act passed on this sills-
ject, the French King had seized the ships
of the English, the King of England had po-
sitive information that it was the intention of
the King of France to invade Great Britain or
Ireland, and the Pretender was then resid-
lug
near Paris with many thousands of persons
attached to his fortunes. It was under such
circumstances that the Bill of 17;56 passed,
and this, as well as ,the former Act, had been
resorted to under particular difficulties, in order
to meet a special anti extraordinary necessity.—
It would be found that all the Acts that had passed
orsuch a nature had been passed under similar
circumstances. Such were the circumstances tin-
der which the Acts of James the First and Second
bad passed. It would be seen that such measures
had never been resealed to but when England was
scprincipal in the contest, or when she had un-
dertaken to act as a mediator between the Belli-
gerent Powers. These laws had never been acted
on. Those who had offended them had either
been tried on the Articles of War, or for High
Treason., He proceeded to illustrate this by a
variety-of instances. He noticed the treatment
which the body of English subjects taken at the
battle of Dettingen, in the French' service, had
received, anti. proceeded to state, that in 1794,
when General O'Hara was taken prisoner by the
French, and sentenced to death by the French
Convention for acting' with the Emigrants who
had been landed on the French coast, the Dake
of Yolk immediately sent Lord Hutchinson- to the
advanced posts of the French army to remonstrate
against the sentence, and to remind the enemy
that the corps taken in 1744 in the French ser-
vice had been treated but as prisoners of war.—
The treatment which the Irish brigade in the
French service, who, on the death of the French
King, refused to serve the Republic, met with on
their coming to this country, when, without any
Bill of Indemnity passing, they were employed
in our service, served still further to prove the
correctness of what he had advanced. He was
further borne out in what he had said by the course
pursued by the Irish regiments in Spain. The indi-
vidual instances of persons acting with Foreign•
Powers were nnmerons. When Gen. Money came
here it was not viewed by Austria as a just ground
of war. When the French General La Fayette went
to America it was not regarded as a cause of
war by England. In the same way Sir Sidney
Smith had commanded in the Swedish fleet ; and
the Russian fleet, in the wars between Russia
and the Porte, had been full of Scotch Officers,
without giving offence to the Powers who it
might be supposed would have felt aggrieved.
All writers on the law of nations were agreed that
it was not incumbent on one GovernMent to pre-
vent it subjects from enlisting into the service of
foreign powers, but merely to avoid giving a pre-
ference to either party. Its 1756, we bad sub-
sidized corps of Russians and Hessians, withont
engaging their Governments in our war, and it
had been the practice of the Swi3s to let out their
men thus at all times. We were taunted with
America, and told that she had passed an Act of
this nature, He was one of those who admired
-America, for having established-within her own
bosom an impregnable citadel for freedom ; but
in the case referred to, he thought she bad only
studied her own aggrandizement. At the emu-
unetvceinent of the contest the United States of
America had given the Spanish Colonies-all the
assistance in their rower, The Government of

Spain, alarmed et this, had said, " Foibear ! as-
sist per Colonies no more, and we will give you
Florida." The boon was accepted by America,
and she became possessed of Florida. Hereafter,
he could venture to prophecy, America, acting in
the same spirit, would demand and obtain the
island of Cuba, and having got it, she would
make a dash at the Main, plant her standard on
Mexico, and having obtained the command of all
the commerce of its gulp!), laugh at England for
being the dupe of her professions. He censured
the hardships to which this Bill would doom those
whi.) went to fight under the banner of liberty,
however well they might serve their country while
abroad, when they returned crowned with laurels
And loaded with the benedictions of millions.
Such .men, at the will of any informer, might be
sent to jail, to be dealt with like malefactors.
Seel, a Bill he must describe as one not called for
by the rights of neutrality—as one which humanity
west reject, and policy condemn—and, in short,
as one in favour of Ferdinand, and opposition to
liberty. He concluded by moving, as an .amend-
ment, that the Bill should be read a second time
on ilia: day six months.
The ATTORNEY-GeNERAL said, it appeared to
him the course pursued by the Gallant General
was a little extraordinary; for, according to his
argitnient, it he had understood him, the subjects
of one Srate had a right to elitist into the service
of foreign Powers, even though those powers Were
at war with their own country—(Cries of '' No,
no !")—The Hon. and Gallant General bad talked
of the treatment which the Irish Brigade and
"other corps had experienced, after hearing arms
against their own Government ; and he (the At-
orttey•General), though he quarrelled not with
the mercy which had been shown in the cases ie-
lerred to, maintained, that supporting his argil-
went thus, the doctrine of the `Hop. and Gallant
General did in fact amount to this : that subjects
;00l a right to enlist against their own country.
This, though lie had not stated it, was the effect
or what he had said. He would contend that the
:siihiects of one country had no right to enlist in
the service of a Power at war with one that was
at peace with their own conntry. The principle
'or, which this measure was founded was the same
by which the King had the power to command
his subjects out of the kingdom to return to it.—
Both were founded on the main principle of con-
sidering each individual subject as composing a
part of the Srate. The State would be a mere
cypher, if any subject of it might refuse to obey
it, and to act as not belonging to it. Let the
House recollect what this Bill professed. It was
to prevent persons from going to any town in the
kingflom to beat up for recruits to serve in a war
carrying on against another State with which we
were in amity. How could transactions be car-
ried on between one State and another, if such
things were to he allowed ? What the Bill requir-
ed was, that there should be the King's license
to authorize such an act ; .and that without such
license, whoever did, it should be punishable as
guilty of a misdemeanour. The Bill itself was
founded on the Common Law. When he said
this, he was aware that it might be said, if the
act, which the Bill went to prevent, was against the
Common Law, the Bill was unnecessary.—(Hear,
from the Opposition.)—And if it was admitted
that the crime was one against the Common Law,
then all the argument of the Gallant General
who spoke last was in support of an act
against the Common Law.—(Hear, hear !)
It the House was of opinion that the act in
question was against the law, why ought there
not be an Act of Parliament to put all men guilty
of it tinder an equality of punishment whether
they served the one State or the other ? But
were that class of the combatants (whom with-
out disrespect lie would call insurgents) to have a
power to call our fellow-subjects to fight in their
ranks, while the other class who were the recog-
nized Government were not to be allowed ? It
Would be gross injustice if the act were lawful.
But the truth was, it was against neutrality. The
principle of the Bill was one of strict neutrality and
impartiality; It nebber favoured nor injured one
party more than the other. He could not help
alluding to a petition which bad this day been
presented On the subject of this Bill. Ile could
nut but think that the petitioners wholly mistook
its object. They said that it- would injure the
commercial interests of the country. Unless by
commercial transactions were meant dealings in
the munitions of war—(No,
.no ;_front various
parts of. the House)—the fair commercial inte-
rests of the country would not in any degree be
affected by the measure. Bui if it was objected
that this Bill prevented the fitting out ships of
war in our ports to set ye on behalf of either of
the contending parties, it could hardly be con-
tended that it was not a thing which ought to be
prevented. The Bill had adopted a policy which
was always held consistent with the 'principles of
the common law. He would ask, whether revolt-
ed provinces, not being in the rank of King,
State, Prince, or Nation, could be considered as •
absolved and exempt from•all regulations, and all
the principles of international law, which govern
the intercourse of other States There was a
provision in the Bill to preent it from affecting
persons who had already entered into the service
of either of the contending parties ; and this was
introduced, not because those persons could be
Considered as wholly free from offence, but that
this Act might rather be made to serve as a no-
tice. - On the whole, therefore, tkie House would
agree with him in thinking that this Bill was a
wise measure, and that no solid objection had yet
been made to it.

Mr. DENMAN thought the House must be very
much surprised to hear the prinCiples of.law which
had been laid down by his Honourable and
Learned Friend who had just sat down, and the
more so, inasmuch as they were wholly uncalled
for by what had been said by his nonourable and
Gallant Friend, and inapplicable to its arguments.
The argument of his Hon. Friend was, :that a
neutral state ought to give its subjects the power
of entering into the service of any foreign state.
Interference to prevent this was against the prin-
ciple of neutrality. But this measure was an in-•
terference of a partial kind, and tending to favour
one party more than the other. It was well
known that it would have the effect of deterring
many from joining the Colonies; -while it Would
prevent none from entering the service of Spain,

because there were none likely to enter is--be"
cause no Englishman, with the heart of an Eng'
lishman, would enter into the service of Spaiti
against her colonies. But it was said that the
house ought not to allow a system of recruiting
in London, and the various towns throughout the
kingdom, by beat of drum, to levy forces to serve
against Spain ; and he talked as if this system was
carried on to such an extent that these recruits
were paraded through the streets rsfWestminstars
through the Haymarket, and St. James's-streets
The House did not know that such things well
done ; and if it were actually trne, perhaps, it
ought to be prevented. But why should Parliat
went now depart from the old and sound principle
of Law which prevailed down to the year 1736_1
In former cases it never had been resorted iire--*
In the war of the Hugenots, in France, British
subjects bad never been prevented from joining
either of the contending parties ; because the print
ciple had always bean recognized, that the autil
lect of a neutral power had a right' to 1314
• his genius, and his strength, and his courage,
to the assisting of either of the contending
parties. It was true that there was a common Law"
right in the King to prevent . any of his subject'
front departing from the realm. There was the
old common law writ of ne exeat regno for this
purpose, and there was another writ for recalling
the King's subjects from abroad. These might,
no don's,: be lessally employed, and the first was
often resorted to in private cases. But as a mea'
• sure of State policy, the moment a license was
made necessary to authorize a British subject tit
enter into the service of either party, an act of
hostility was committed against that, party, and
' the principle of neutrality was departed from.--."
The power which the BC gave of detaining ships-
in purrs, gave such an inducsment to informers,
that there could be no doubt tile Act would be
rigorously enforced. The time when this 13411'
was introduced was most ungsacioos. By the
long Avar, a great proportion of the people woe
become so wholly military as to be incapable 01:
exercising any other profession ; and now this
Bill went to prevent them from availing theme.
selves of the only opportunity of justly and satelt
exercising the profession of arms. The effect ot•
the Bill was obviously favourable to Stain, andthrew a great weight into her scale, by prevent'
ing an accession of strength to her colonies.
Mr. C. W. WY NNE said, whether he considered
this measure with a view to the reference it had.
to this country, or to Spain and her Colonies; be
was the more convinced of its propriety. The
Hon. and Gallant General referred to the reign nil
Elizabeth, when British subjects were allowed to,
serve against Spain, in the contest between tlOt
kingdom and her colonies in the LoW Countries.--"
But it was forgotten that it was the policy of tbis
.Country to weaken Spain at that time, and that.
English subjects were allowed to serve in the 1.051
Countries for the purpose of effecting a diversion,
The same remark wati apolicahle to the other casef.
of such permission mentioned by the Hon, and
Gallant General. It was quite monstrous to sop'
pose that the subjects of any State had it in their
power to lay down their allegiance whenever the)!
chose to accept a commission in the service of 1
foreign Power. The case of the Swiss was talked
of, but who would wish to see the principle in'
troduced among the people of England, of selling
their services to the highest bidder, and pointing.
their bayonets against each other's breasts, ac,
co7diios, as they were paid for it ? But it was said
that this Bill .was unnecessary, because the Com'
mon law enabled the King to reed his subjects by
the writ of ne exeot regno. This was quite Orli"
colous. Could it be seriously supposed disc'
writs of ne exeat should have been aired out ageinSF
all British subjects now in Sots America ? •Fic
his own part he was rasher inclined to think that
Ministers were to blame for not having sooner
adopted so effective a measure as this Bill, '''•
cheek the evil before it had reached its presenc.
extent.. He hail b: en informed, that within t"
last few days,• out of a battalion which was (Hl''.
banded at Chatham, 300 men had immediatel
beets enlisted to serve in South America. It aP,',
peared to him that it must' always be considered
as a breach of neutrality for a State to permit su
armed expedition to be fitted out within its il°'
minions to serve hostilely against another: CP(
the whole, therefore, lie certainly thought tbsfr
this Bill ought to be allowed to go into a C001'•
tnittre. There was, however, one clause which be
thought,ought to be modified, namely, that which
related to the detention of vessels, so far as re'
garde.d the evidence to be. admitted. But 01'
great principle of the Bill was exactly conform'
able to the printiples of our Law and Constitud
lion.

Sir R. Wnsotstexplained.
, AV:F. Dotioi.A's said, that at any other time 11$
would have waited till others of his lion. Fricai,
around him had expaessed their sentiments, but 011.
the present occasion he felt himself called on t°,
rise, he differing so entirely from all the principle:
and opinionslaid down by the last speaker. fle
thought that views of policy alone might hove
prevented Ministers from proposing a measure
the present ; not only good policy, but a regard ta -
the feelings of the country, would have dictated
another line of action; for he would venture to OP
that more of English feelings and exertions Wei°
vested in the cause of the South Americans than'i!,
any other, distinct from its own, that ever anialv,
e,tied an interest in the country. The people wer."
interested in the success of the Colonies, not org:
from hopes of increased commercial advantageS'•'
but from nobler motives. They recollected 0).01:
these very Spanish Americans had been first rouse,''
into action-4ad been first animated into Oil)
riresent opposition to the oppression of Spain,
i re glorious struggle ,for freedom they were no", • •
carrying on, by the Government of this country'
They called to mind that the buds of indepepdeoe,
now expanded and flourishing in those. regions!'
were first called,forth by ourselves. But it (OW':
tunately happened too often that foreign nation'
were spirited into an assertion-of their rights bY
this country, and afterwards deserted whet! 61!
Noble Lord opposite had changed his views 1
our foreign policy. According to, the general Is°
of nations, the subjects of a neutral State migb.
give their, assistance to either of two belli4e'
rents, as they thought proper. He thereforti.
onntended, that all any belligerent power cool
require of a neutral was a return to —foe

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at„
-,•eni laws ; but it Watt absurd that one of cond, thotieh originating in particular causes,
the parties to the coiltest should require to were in principle extended tiniversally to all na-
-114ve new laws enacted for its Own peculiar bene. buns. Such being the general principle on which
and to the prejUdice, of the other party:— this country had long acted towards all the States
.1 he Treaty with Spain in 1814 could not be a of Europe, he would ask, if the people of South
foundation for the Bill, as it bad never been dis- America .could be put oil a better tooting, than the
. fussed or approved of by the House. The policy recognized families of Europe ? The Bill was, in
of other States should not he proposed -as an his opinion, founded on the most correct principles
'tXample for ours, inasmuch as our poliey had al- of neutrality, and the provisions of it were agree-
earays been peculiar to Ourselves. which was a prin.. able to the -practice of our ancestors.
ermine of our national greatness. lie con- Mr MAcDoNALD was anxious to impress upon
-sidered it most onwise to shut np the only vent the House this great and important fact—that
!hat seemed to have been psovidentially opened this measure, however stipported by the learning
'Tor the disposal of 13ritish merchandise, and and logic of Doctors' Commons, whatever ab-
thonght the b.abits of our countrymen would be straet reasoning Wig ht be employed by Genilemen
`-rnimriiveal by learning to sympathise with the as- on the other side, did mainly and effectually go to
Imirations of brave men, after liberty, the destruction of the cause of the independent
AireManaVAtT thought that the moment the Patriots in South America. Much had been saki
eloose proceeded to legiilatc on this subject, it also by the Gentlemen on the opposite benches
%)"it a part.—(Hear !)—lt was therefore proper respecting the right of this Government tie inter-
Illat the House should consider the merits of the fere : the right could not for a t»oment he con-
)test in which they were about to lotto-fere. tratliced, but lie entertained cousiderable (Nieto
.1.11(;re had been sufficient experience of the policy whether the House wonid have the heart to pass
'adopted by Spain towards her Colonies; and it such a Bill as was now at,empted to be thrust
Ivas only necessary to consider the conduct of that upon the nation. Although the arguments of his
cnuotry with respect to the trade and govern- Hoot. Friend who had spoken this night against
Brent of its Colonies, to see how aho 'linable it the measure had not been overcome, yet they had
bad been. It Was.not till the year 1808 that any in some degree been distorted and disfigured by
degree of political infOrmation reached these Co- what had been said by the other side; and he
lorries, At that time, in consequence of the over• thought he could not do better than bring back
turn of the Spanish Government in Europe by to the recollection of the House some of the most
litionaparte, she Colonies found it necessary to striking arguments %illicit had been urged by his
establish some sort of local Government for Honourable Friend. The speech of the Honour,
lini
ttselves, juntas were erected in the various able M 'tuber for Sandwich, and that of the
.Hon
(I
tivitteea, and an edict was published by the Memher for Banbury, had been endeavoured to be
(%outmeil' of Regency, opening the trade of answered, but without success. What they
emintries to the • various nations of had contended, and what lie should now Con-
ti!" But this edict onmediarely ex- tend, was, that the utmost that could be expected
cited the indignation ofethe Cadiz merchants, of the Nation by Government was, a substantial
had enjoyed the whale monopoly of that and bona fide sysrem of rm-interference ; but
trade; and in conseirenee was revoked this coulti only he done by leaving the laws
//i"liti two months. With the return-of Ferdi- ira stain quo, with out retereiwe to any of the
11,athl the Seventh came an attempt to re-establish parties. A sy;tem of impartial neutrality had
411 the abuses of the old system ; and the resist- been deprecated by Minioers, in order to attempt
:nee of this attempt OCC3sloilvd the present con- that of speculative part talky ; aud they had shun
test.
With respect to the issue of the contest, it by the time and the circumstances nodar which
:a' to he con ii!et eo that all the great resources the proposition was made, what was the real na.
4)f wete i.i South ATnerica—that in the tore and character of the measure : it ,might seem
esod. that coteitry was her wealth—and in its at fist sight to be an equitable proceeding, but a
rl"'ts the materials hit. a navy. Therefore the little reflection, would show it to be not only a
:mtvlll -m;
ige!' the Cwitest continued, the more weak most imprudent, but a most mijust and oppressive
oe become. and the more strong her attempt. . Bit he felt a sootmg preliminary
(
l's. The war disturhed the commerce of Hon to the Bill, arising from its more than sus-
e,4se cumin ties, and thereby injured the whole of picirms origin : it bore marks the most distinct
-e!....itoDe.. hi, eotrutrv, therefore, had a riabt to and unequivocal of a foreign sugges•ion—a sug-
rah
'Ton Stain not to persevere in a hopeless gestion, too, conting from a varier of all others I
itl""est. The Hon. Aember then called the at- thet- the least entitled to expect any grace or f,.your at
t of the (Louse to what he thought a gross the hanqs of a British Politic. The Learned Ci.
(I.l.ation of neutrality on the part of a British vilian opposite (Sir Christopher Robinson) had
‘'eroor, A vat number of the natives at the dwelt much upon the principle which was teeogniz-
i'.r"t'as. in coeseqns lice of the tippressions of ed hy this Bill ; but lie (Mr M.) telt anxious to
%a:4 'e who then governed their counti.y, some press upon the House the consideraiion of the time
exn e ago deemed it wise tot migrate to Ti might!, toot eircumstanees tinder witch this measure was
,Pectina au asylum ; but the Governor, trout proposed. Why was not such a Bid as this intro-
-Not,
ere • motives he could not pretend to say, not, docedat :he commencement ot Ole contest in South
refused them the ptivlege of lauding, but America ? Perhaps Government had not calculated
:rtually forced (item back to the Spanish Main, i upon the deep interest which Englishmen seemed
to their own country, which was lien to take in the fate of the Spanish ledependeots;
Il ett:Pied by the, anti-patriotic party (Morino), it was not expected that so wally British subjects
Ito -
La immediately massacred them on their de- would transport themselves to the distant shores
of neutrality
!. This was adhering to the principles of Chili. The Noble Lord had told the [louse,
o4"grahty with a vengeance !: Some other in- that it was nor proposed so long as eny hope of a
et:,"es, although none so flagrant, could be ad. reconciliation remained. A reconciliation! Why,
arae!‘l- He was astonished that the Government the Noble Lot d knew very well that so long ago
-1 148 country should manifest such partiality all t as the mission of the Marquess Wellesley to Cadiz,
of a "udden to the beloved F rdinand, who had not the least hope of a reconciliation remained :
cut-demonstrated any ktudite's to the subjects of the highest degree of animosity existed bet "cent
eat Britain Soon after Ws accession to the the belligerent parties ; it was indeed belluin ad
aranish Throne, one of the first acts of Ferdinatid internerionens. During all this time, since' the
6 6a'
to order General Tuanksgiving in- all commencement of the war, this Government had
to'rnlrches on the retirement of the British troops, been inactive, and never dreamed of restraining
sit• having got rid of all the heretics. Jo oppo- British subjects from exerting themselves in the
i(,)n to all principles of liberty, he then re-esta. cause of independence. But now toraonth when the
fcrii_ed time laquisition. And was this the man crisis bad arrived, whet) the patriots had by their
rifr Whom we were to check the generous spirit valoer and intrepidity, by their manly persever-
, °ur countrymen in the cause of the South once in die cause of liberty, after having under-
3erieans He was ashamed that any Govern- gone the most oppressive human sofferings, nearly
shotmld try to involve itself in difficulties on achieved the long-wished for triumph, when they
zeount of a Monarch, who was an enemy to the had but one stroke mote to attain their glorious
4rterest.
sof mankied. Under such circumstances, deliverance from the yoke of their ipplessors, dow
Il that we ought to observe, should be cool and Ministers had conic forward ,to dash down the cup
,aaelti()us neu rainy, leaving things as they were, of hope, to Paralize all their exertions, and, to
8!) the Chapter of Aecideote: atreteh.ont saving hand to the last efforts of ex-
alesir Rosostsota supported time was piring tyranny. As far as time British Government
wa
t iI
yeth le mrt, forithe first time, that in a question was concerned, the hopes of Spain had not been
nature tee coeduet of individuals could be Alisappoined; but he hoped that his night Ferdi-
‘ratagimislol from that of the State. The State nand would be aware how much hue bad miscalcu-
10:lanswerable for the conduct of the individuals laced the character of a British 'Parliament. The
"
411411; "g"e
' to it. 'lime conduct of those indivi- Noble Lord seemed anxious to go into a wider
•
again "140 be the cause of war being waged and more distant field of action than he had lately
byeatiSt the S ate. This principle was laid down been accustomed to, and woold now call down thel
eeeti writers on time Law of Nations. The Go- enmity and hatred of an unhappy people, who had
airacesit was therefore called on not only ttiguard always looked to England for protection and sup-
itite St the commission of acts of a hostile na- port. So much for the politics of the Noble
to vt°9'llrds
.any other Government, but also Lord. But this line of conduct was the n :he
t4tel% over the conduct of individuals. In absurd, the more 'unjust he should say, seven
last ,;(w'r -Proclamations during the American and it was considered that Unland itself ' pchnt-
Wareisdle we. had contended for the principle eal out to the South American Independents
try it had been the policy of this coma- the way to overcome this weak, but legitimate
'jrh,ere this principle for two centuries. 'Monarch, Ferdinand VU. Neither did he see any
there
nt's one instance of which ere e knew, and thing in the character of Ferdinand to justify this
actlight be•more, of our Courts of Law hay.. departure from uniform practice. It was but the
on this priociple•—About the year 1678; other day that this glorious Monarch, this
14eeateeiriaill'll'bicts of this country were indicted for Ally to whool litigland was linked by ties of af-
tent ig French ships against Spaig. In a re- fection, thought proper to cede to America,
con
ot,iStance,.theprinciple had received the sane- the rival of England, one of his most impor-
tat" .t 'he House. So late as 1794 it was stip]. tart -possessions. \ A cession, such as that of
try, „Ili' a treaty 'settee!) America and this court- the Floridas, could never have been made, had
acei::r at all subjects of either country , who should the spirit of time Treaty of Utrecht been upheld.
02v:flab:kelt
s.O,
..18111g y commission, or enlist into time service But independently of that consideration, such an
State
,war • with either of them, such agrandizemeot of a powerful rival ought not to
ht be punished as pirates. This offence beg passed over without a strict enquiry into the
teeo;., ellaildy subjected to a punishment, which cause of this most extraordinary and unprece-
heee_ ,1
_deemed unmerciful ; for be believed, it had dented proceeding. A reason, however, had been
i)jr_cer beldre been supposed to constitute an act of assigned for this cession, 'and it was a most cut-
Y • But it clearly spewed the opinion of the rions one : it was, that the King of Spain was
I,klilitt,ilattire on the subject of the principle. Sti- utterly incapable of maintaining his possessions.
omarta.oens, of the same nature were inserted in the According to this doctrine, then, Ferdinand was
yiea between America and Prussia, and Ame- to be allowed to make what cessions lie pleased,
ej Spain . • •
lunia . • • shelved what the general to whatever Power he chose, howevee it might
psis
sol),wms' with respect to the national law on injure this country. Althougla this Monarch had,
()rand that it was nnderstood, that the ntirely lost the power of protecting, he retained
ediiections of individuals towards in full energy all his capabilities ot opressing
" I other of the t
trated e. , 'e 'germs, were not to be to- and now the House was called upon top give effec
iltriw(roho
kicho.l,ot. tssv,„.aasl interference between Spain the' aid to this imbecile, impotent, but legitimate
er
prohibited by a special treaty. Monarch. The nation revolted at the idea. It
ot „tr_ be quite a
mockery •to prohibit the supply might hitherto act upOn the system of nonainter-
bouth"Ar.l'_dra.mmunition, and to aIIOW men to go to ference, hut beyond that it would not go. Time
'iv 'Ca- Tbe statutes of George the Se- moral feelings of a free and noble-minded people

haEi
been triF:ed with by the Government, but the
nation would be tound to he superior to these dis-
gr,:ceful attempts ; the people of England would
compel the Government to respect them, and
would sheW that tbry were stronger than even
power itself.

I wished to put an end to any family alliance or
la-
mily compact (the 1-inurhAiis) which had excited
so limb jealousy on tie part of this country. The
COMOIMI law Wits hiethfclual itl thl3"Case. It could
not •prevent the departure of those large tran-
sports now lying in the Itiaer, in i complete slate
of war equipmeht, ror South America. As to
North America, the Act passed by that country
in 1818 had no connexion whwevee ttitir the
cession of the ror das by Spain. Negoeia,ions
were then carried on ra her bet• eei
the !vv.') n kris ; yet the Ameri-an Govern-
ment thought proper,
.under such circumstances,
to put au end to the priictices which this Bill was
inienilecl to repress. Atte r every other conatry
had established its neutrality; he truster) that Eng-
land would not be the only onF that should cease
to respect the fail) of treaties. If Min sters ap•
plied to Parliament fur extraordinary and sangui-
nary powers instead of those necessary to give ef-
fect to she common law, then indeed might they
meet with a repulse; but he trusted the House
would approve of tb' rs,esent mode of enabling
the Crown to maintain a strict neutral y.

Lord Cam,saaaou vindicated the principle of
the Bill. It was to act prospectively, and not re-
trospectively. In almost all the arguments which
had been advanced against it, Gentlemen had
taken false groands. They ought to look at the
character of the offence. The Government could not
sulfur itself to be implicated in the misconduct of
certain individtrals. This country could not in-
terfere with the subjects of foreign nations at
war with the sovereign authority. It was true,
when on our own shores we not only receive
agents or emissaries from the countries alluded to,
b t actually evuipped formidable armaments, that
Goverronent s%hould inter Pose its authority. The
adventurers or this country not only sent out re-
eirneuts well organized for the service of the
South Americans, bur ships of war have also pro.
seeded thither. With the subjects of some fo-
reign Powers it has been the practice to let out
for hire troops ; this was no violation of the law
of nations, because such practices bad been "re-
cognized by the different Powers. But the
Noble Lord denied that it bad ever been the
practice of this country to let troops out for
Hire, and therefore such an assumption of power
by the individuals now offending was a direct
violation of the law of nations. With all the
eloquence of the Hon. Member who had just sat
dovers, and his Lordship maintained that his speech
contaioed more declamation than argurnept—he
wished to know if the conduct of the innividn +ls
now alluded to was not a sufficient cause for war
on the part of Spain ? If, for instance, we halllal
thor Spain was fitting not an armament from Co-
roona against our West India Colonies--and by
such individuals as now referred to—would Doi
that be a sufficient cause for war on the part of
En-slant! ? kirhat sort of a character would the
Government of this country suppose to, havesin
the eyes of Marone, if it suffered such adventorers
ro continua their ii warrantable courses? If we re-
mained any longer with Indiffercrige,we mould com-
promise our: character not oily as rilsiovel innent
but as a Nation.—(Hear, hear, heat !—There
were a set of mereani ile adventurers in this coon-
try, who, forgetful of the true character of Bri.
tish rotochants, became political agents,-:in ex-1
peel e 'on of wooderful commercial. advantages.
He should he ashamed to allow our national elra- I
raster to suffer by any such sinister comparison.
So much for the Law of Nations, according to
this new analogy ! lie hesrowed praise on his
Hon. and Learned Friend
.(Sir C. Robinson) for
the exelanations nod definitions which lie had
entered into for the information of the House. •
1 he present Bit! was founded on principles of iris
rice between Belligerent Powers. With regard to
all the laws which related to our fellow-subjects
abroad, the British Government. bad always acted
with every degree of lenity end mercy. Bat so
far as regarded the interfeseirce of British sub-
jects with the interests of foreign nations in
alliance with us, it was absolutely necessary to
adhere to the strictest rules of neutrality ; and
therefore the interference of the
,individuals now
mentioned wass contrary to the law of nations,
and contrary to the policy of the British Govern-
ment. , What sort of a neutraility is that which
Gentlemen desired us to maintain by leaving this
law as we found it ? If the law be defective, it
was necessary to amend it. No circumstance so
strongly calls for the inserference of Parliament as
that now under discussion. • To staffer airy longer
such figgressioni., by which the character of the
Goreremeot and that of the Nation were impli-
cated, would be acting nohecomitiglY and in4'-
coroosly So far as regarded the policy of sa-
tious, we tempi not repel the claims of Spahr...—
It was oar deckled determination, on principles
of neutrality, not to show favour to one Bel-
ligerent Power more than to another. The
policy with Spain in the year INS or 180.9,
when the latter Power was at war, was di-
rected by different principles. But whatever that
policy was, it did not preclude us front the recog-
nition of former treaties. It was a rirspect due to
the House to call Gentlemen to a sense of their
duty by the statement of ticts. The 1 reaty of
1797 was no bar to our interference on the pre-
sent occaeion. In reference to an Hon. Member
on 'he second belie!) (Mr. Niarryatt), the Noble
Lord nut only contradicted several of his argu-
ments, bait gave the most positive contradiction to
his statement regarding the South American Emie
grants at Trinidad. His Lordship read an extract.
from an Official Paper, by which it appeared that
there was not the slightest ground for the repre-
sentation. So far from forcing them back to their
native place (where they were massacred), with-
out the liberty of landing, -his Lordship aseured
the House; that 690 were admitted to a land-
ing. The Chief of the Emigrants, however, with
some of his followers, returned to. the Spa-
nish Main, while' his wife and children remained
at 'Trinidad ; and the whole number that had
been landed at the latter place amounted to 3323.
So tar as regarded the great-commercial adVate-
rages expected by the mercantile adventurers, who,.
by the acts of their political or warlike agents, had
compromised the character of a British merchant,
the Noble Lord assured them and the -country,
that wherever their influence had extended, coln-
merce had considerably diminished. A spirit of
jealousy had arisen, and the confusion -which
followed had been productive of many calamities,
especially. where there was a commixture of the
commercial with the military character. Mer-
chants, however, must not interfere in. a
military line, to involve the Government•
By • the Treaty between this country and
Spain, we never promised to interfere with
arms to effect, the reduction of. the South:
Americans.. . All that we promised was the
interposition of our. good offices, or mediation,
between Spain and her Colonies. In contradic-
tion of the thanksgiving said to have been
given in the churches for the retirement of
all heeetics from Spain--meaning the British
army the Noble Lord assured - the. House,
that the alliance between the two countries had..
been -renewed- tteouglastlidriasedium of Sirs Henry,
Wellesley ; and that the King of Spain was
anxious to prove to England and Etdope, that he

After some explanations betwe(n Mr Marryatt
and Alr. Goulbtirti, and a few ‘vor:.is from Mr,
Martin (of Galway), %vim, though roust friendly
to the cause of the Pail lots, .11:1),Ited rbe present
rneesore, and exprzssed his belief, ;hat eß:re Mr.
Fax alive he would also vote with his Majesty's
Miniver, on this occasion.
The House divided.

. .
155

For the Amendment
Against it
Majority for Ministers --13
the numbers ‘vere aunrmixed, thßousts
-
resounded it h the cheers of thr Oppositiou

_ .
TIFRNEY wished to koow of the Noble
Lord, if he meant to persevere in the resent
Bill, whrtt day he would Ex for going into the
Comtnitiee ?-

Lor,) CASTLERFAGR said, that whenever the
.question egme a ain hefore the House, tie should
not.be•afraid of the result..

Mr. 'I IL the -Noble Lord have the
goortneiA to state %vh►►t diy Re wit! go into the
Commi:tee ?

Lord CASTLE:REM:3U was ►tntlerstootl to refer to
the ?Attorney-General for an answer to that Tots-

Hon

TiiC ATTORNEY-GIINERAL 11111(1, that lie should
piopose next Thursday In go inc)"tht, Coninitttee.
Mr. TIERtiLY asked 'why so distant a ddy was
fixed ?

Tile CHANCELLOR of the . EXCI-IbIUER vas
rising, when

Mr. TIERSEY observed, that he had put a rpiesft
tion to the N,,ble Lord, who had referred liiin to
the Attorney-General ;- and when that Learned
Gentleman was ahont to speak,, up.statted the,
Chancellor of the I;47(eirequer, to take the words
out of his mouth.—(Laughter
Lord CASTLERRAGH stated, that an eatlier dtiy
could scarcely have been fixed upon, as'on Mon-,
day his Right Hon Friend would enterlutolhe
detail of his Finance Resolutions. Tuesday
he believed, al o fully occupied, and AVednesnay',
would be dedicated to tire Bud e'. Thursday itas
therefore the first clear Ilay that presentedAtself
Mr. Alderman WAITHMAN rejoiced that a meat:
sure of this importance should not he:presPed too
rapidly, as he knew for certain bat petitions
would be sent against it from all parts of 010
country.

The Bill was then read a second time, and or-
dered to be committed 'text 'Thursday.

LIVERPOOL PEMION.

Mr. CANNING. rose to present a petition which
iv 'had received front the Merchants, Sitip 0%; ner;
and Traders of the city of Liverdool, pravi,g that
Voe present Bill might not pass intaa
a,na reptiF.ted cheers.)—.-They objec•ed to tic mea•
sure nn the ground that a hi4lny beneficial trade
yeas now carried oil with the Patriots of South.
America, which they feared would be iuterrupied
and thrown into the hands of other natioos,.hv the
Irt itation which they considered the present- tnea-
sure likely to produce South Ameriza. In pre
seating this petition he should' take, as usual, the
liberty of expressing his own sentiments as well
as, those of his Constithents. He was of opinion.
that their fears were entirely chimerical, and t‘hat
:he trade With South America would not be cargi
ried on less prosperously because a strict fiction•
.
lily would be maintained. • _ _ _

The petition was then read, laid on the tablet
and ordered to.be printed..

BRITISH OFFICERS IN SOUTH AMERICA.

Lord M L'ro N moved tor a return of ti.e num.
ber of British Officers in the service of the South
American [Patriots.

Lord PALM ERSTON stated, that the return could
not be made, as no public Board knew any thing
of that matter. All that could possibly be known
,W3R, that certain half-pay officers did nut claim
their half-pay, because they could not take the
affidavit requisite to authorize them to receive it,
But whether they were serving in South America
or elsewhere, the Board had no means of ascer-

taining.

Lord MILTON then modified his motion to a
return of such officers on half-pay Who had not
applied for their half-pay during the last three
years, specifying their respective ranks.
Lord CASTLEREAGH opposed the motion as un-
fair and illiberal towards the Officers thentsclvi.s,
as it would prove that they had disobeyed the
proclamation of their Sovereign, . which forbade
them to enter without leave into a foreign service.
Lord .MILTON had omitted Moving for the
names of those Officers, on the very ground taken
by the Noble. Lortl, whose objection must there-
fore cease to be applicable.

After a few w.ords from Lord CASTLBREAGH
and Sir ROBERT -Y,'ILsoN, the Noble Loid cow.
stinted to withdraw his motion.

CASH PAYMENTS.
On the motion of Mr. PEEL, the Bank of Eng-
land Cash Payment Bill went through a Committee.
Mr. ELLICE, said that he-should move the
Amendment of which be had given notice, on the
bringing up of the Report.

The Report was then 01 dGred to be received on
Monday.

PA RGA.

Sir C. ikloicic gave notice that on Tuesday
ie'tinight, the lath of June, he should make a
further motion respecting the supposed ces-60n
of Parga to the Ottoman Porte. Ile then moved