The Sun.
London, England, 1819-06-29 00:00:00

THE MlNiTitEt: BOY.

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poied alteration in 'the law. It wtrs under-
stood that many Officers had lett the
country with a vietv "of'entering- into the service
of the Spanish Insurgeots in South America ; and
an oniproti :was • circulated that such bad been
Oat-yr-kb- of 'his 'thjesty's • Government. It wire
then tthtinglit piortis to k ,enst•to the-criti-
irAry,;!at,d-a-letter was circulated •in that view by
the Secretary at lVar, which particularly applied
to' the'Conie4den'Cei Officers on half- p'ay'were to
'expert frianlsneir a'condUct. This' procedure'llad
not the desired effect. The recruiting went on, and
Officers were appointed in regiments destined for
the'•sertii:e. -Or the Spanish Insurgents.. Doubts
vt.'eretentertained as to the existinglratutes
appkisable to the pal ticolar case—that of•the Spa-
: osh Insurgents not being considered as regularly
corning mid& their ptirView, and it beciime neres
sarrtOr'rectir to l'ailiament. on the occasion. It
being)determined to remain strictly neuter, a Pro-
clamation was issued in 1817, cautioning his M 4.
jesty's subjects not to accept, coininissions, or to
enlist in tyre serviee of those' persOni; and those
British subje,cts• already: in his- Spanish Majesty's
service,.were cautioned againttt serving in South
America. ;liege steps, and an offer ei media-
riori;- being tdowl unavailing: a direct retcrence to
Pailiam'eat became necessary, for further or more,
clearly defined powers, and the measure now be-
fOre their 'Lordships Was submitted, The Bill
went td repearthe'fOrni.er'Adts, ail•d•also to 'taro.:
gate the Irish- Statute on the subject. It pro-
vides, that if any British subject should accept
any
,commission without license from his Majesty,
or eniirit in the service of any.foreign 'power, or
ol'any .poN'ter assuming any 'foreign authority,
such persons so offending shall, npon conviction,
he deemed guilty, not of felony without benefit
of Clergy, as iti the for Mer acts, brie a a nilsde-
'meationr. These W6lO other provisions to which
the relevant A-ct, of George 2d did not apply, in
'eluded in the Bill, The Noble Earl showed, he
Ka., willing to argue the merits'of the present
measure on the ground of general' policy, not with
referrice to any relative situation which Spain
may stand in -with respect to this country, but
as a permanent act, au'd defensible on the prin.
ciples.of general polidy.• Glinting at the sitna•
:ran in which•the Spanish Government stood with
respect to a large portion of its subjects in a
state of insmrection
,and revolt, his Lordship
adverted to the'condact of the person asstiming
the title of Sir IGregar Macgregor, of will-011ie
spoke in terms of, censure and:coudetimation, and
as affording a dangerous example to individuals
inclined to proceed to wherever ihe' love of phin-
der may induce them to' go,; and t heSe'
a great part of which- were committed under the
fir itisl, flag, were committed, in the possessions of
a power with Whom we were at amity and peace:
He would ask any of their Lordships, •waS,it con-
sistent with common sense, or coalition honesty,
, that these things should be overlooked, kVitifollt
i heir (his Majesty's Government) corning to Par-
liament for 'adequate, powers 'Of 'interference Or
prevention•?(Hear, hear!)—ln illusltrating the
Justice and policy of, the line of conduct now
adopted by the British Government, the Noble
• Seeriary-referietito'vata't tiad. Liven the policy or

the steps taken, not only by the British Govern-
ment, but by. other Powers, particularly the
United States of America, on occasions more or
less similar to that in question. He thought,
without referring to the ponderous folios of Ger-
man Jurists on the subject, the plain duty of a
Power determined to remain neutral was suffici-
ently clear and iucontrovertible to need illustra-
tion. Upon that principle they tamed in the pre-
sent case, and upon these plain principles of po-
licy which the case soffirietitly indicated. In this
part of iris argintiOntahe Noble Earl entered rather
largely into historical reference and detail, parti-
cularly respecting the 'occurren'ces which took
place in the reigns of jautet antLCharles 1., on
the Occasions of th'eContineutal' transactions in
which those Monarchs-were implicated. He then
glanced it_ the reltitive situations in which this
country and her American Colonies were placed
at the period of the memorable contes• between
them, and noticed the eventual cot: duct of the
th(t) French Government on that occasion. Argu-
ing holy's these data, combined with the principles
he contended for throughout, the superior policy,
in such a Case a's the present, wider the citcom-
stances of country remaining strytly neutral.
lit fottheratice of these principles am this object,
the measure before their Lordships was founded,
which, as one of its most salutary effects in va-
rious points of view, would render the Govern-
ment duly responsible, and which he must con'end
was strictly founded in justice, as well as its the
true principle of sound policy. The Noble Se-
cretary concluded by moving the commitment of
The 1111.---On the question,
Lord 114/I.:LAti'D rose and spoke also at great
le,tgth.' Ile expressed strung doubts-as to the
motives avowed by the Noble Earl being- the real
ones by his Nlajeitr's Government went
were ott the present occasion, and he could not
skink the desire to correct an anomaly in the
existing law could be deemed an adequate object:
A creat pail of the Noble Earl's argument was
avowedly derived from sources which he little ex-
pected to bear referred to, namely, the prinei•
pies laid down by the conduct of .the-United
States of America ; and as little did be expect to
hear it in effect advanced, that until the year 1.736
this country had neglected all those principles of
neutrality which were so much insisted upon. It
was onfortnuate, however „for the argument, that
in' those periods, when the German Jurists were
-chiefly consulted, the relations of peace and amity
were much longer preserved than in preceding t itnes ;
he then adverted to a considerable portion.ot the
historical references brought tOrwaid by the No-
ble Karl (Bathurst).,, from which, however, he
'must draw very di ffet eta conclusions, and ob-
serve., that theTxtrenie love of peace manifested
L-iy..l,',lnes I. way mach more advantageous- to the
country than is propensity to wart ire possibly
could he:* The existing law he.thought WaS fully
sofficient to maintain the country its a state of
neutrality without the aid of .such a Bill as the
' present. Even recent events plainly showed
this: lie instanced the case occorring in 1791,
when a number English .officers and others
entered into the service of. the inhabitants of the
Netherlands, who found themselves obliged
to resist the coercive measures adop•ed by
the Emperor Leopold ; 'for these tratisactioAt
lie quoted the -Annual Register -of that year,
a ,s-ork then condi,c..cd by a Gewleman of whose
talents and erudition the Noble •.Lorti spoke in
terms of great eniogy, namely, the late Dr,.L4u-
The principle on which the Noble Earl
contended the Bill was founded, viz. that of neu-
trality, was carried by the Noble . Lord, he
thought too tar; and in a way that every country
in 11..nrope may call Upon this to pass Acts of the
kind, whenever they should think themselves
likely to be affected. Stich a measure, however,
may-he expected to flow .trom that Amphytrionic
Council, the Congress lately held on the Conti•
nent : it was of a similar nature. with that mea-
sure Which he thought made 'such inroads upon
the Constitution of this country ; he meant the
Alien Act. Before such a measure was acceded.
;o, it should be considered what real good that
Power- had rendered this country for whom we
were now called upon to make such sacrifices.—
He then glanced at some points in the conduct of
Frederick VII. which in his mind entitled that
Monarch to very little favour or preference from
this country, and particularly the great partiality
which was shown to France over Great Britain
in the ditties imposed upon the important article
of cloth. What was said respecting the officers
on half pay he disapproved, anti he most depre-
cate such a line of policy, as that of .which the
Bill formed a part, more Particularly when the
country was in such a state".of -commercial dis-
tress, and such immense numbers of the poor
were out of eniploy ; and it should he recollected
that one immediate effect of such a discontinu•
lance of the South American' Insurgents must be,
to deteriorate or counteract the sale of British
manufacitires in that Contineta. In conclUding,
• henbserved thht, at beet, it appeared to him, the
subject was entirely misunderstood, In the mea-
sure being regarded as a Matter of duty, arising
not of it 'principle 'of -neutrality, instead of consi-deting it aa'a qtyetion''of mere expediency.'
The Earl -of WEsTmoaLatso bray supported
the IneaStire, arid observed. in conclusion, that' 'it
was inctnithent on the 'British Griverninent to fnl
fil the treaty concluded with Spain; and with the
view of etiabliug that 'to he done effectually, it
wis'necesiary• .the' 'Bill before their Lordships
slauld pas's;
' The'Martpress of LANshowNE said-, it would be
easy to show, by
.4. variety of qtunatiotts from
tire; 'Public Writers"; that the coot se :tote purs'ued
byllovernmeut wits •incont,istein" with the
lttk-ilt hat/inns: -He; iroweve•e; Coneeiiteddinoselt
With showing (tom Martines, that a Soter.eiga it

rence.

time of peace might permit or deny its snbjectS.
to arm in the of either of two Belligerents.
Rut it was said; that from •the policy adopted in
former times, it was .sheivri that true newt-Mil
emisisted io a Sovereign's perinitting his subjects
to,,enlist on one side only. He however wished
to lino w if such were the line of conduct prefer-
red at the periods to which allusion had' beets
made; where,..twas' the law which justified it ?
He maintained that it had been the constant prac-
tice Of • British •subjects to engage in their
iudividual capacity in the service of Foreign.
Powers. at 'war. with each other, but at peace
with England.. He called upon the Noble
Earl to shoW • him one instance in which
thin practice lio-41 ,been .seriously objected to,-
If the Spanish Ambassador had demanded a
change in,•our law at the time the Treaty of
1814 was negotiated, like that now proposed, it
might have been .expected. that Ministers would
then have 'come to Parliament and stated inch to
be the demand of the Spanish Government. But.
this had not been done, and now, four years alter
the Treaty lead been concluded, Ministers, at e
time when such a law would have a peculiar ope-
ration, came to Parliament and said, without it
the Treaty cannot be fulfilled. The answer to this
was, that Spain, when the Treaty was made, must
be supposed to have been acquainted with our
la ag, and if she were not so, it was the business
of Ministers to make them known to her, but not
to admit of her calling for them to be 'changed:
To him this Bill appeared to be directed against
the South AMericans, as it was to pass at the very
time when it was stated in the public prints that
the expedition at Cadiz was delayed in expectation
of receiving arms and warlike stores trom Eng-
land. He should be glad to hear this denied,.
but at presew :it should seem, that instead of deal-
ing out an equal neutrality to both parties, while
rigorous measures were adopted against the Inde-
pendent Government of South America., that was
permitted with impunity, which 'favoured the
Cause of Old Spain. He strongly called upon the
House not to arm the Crown, and yet more not
to arm every common informer in the country
with power to interfere with the honourable pia.-
suits of individuals that were not at variance with
the existing law. He-would not prefer commer-
cial advantages to .hon Our and good faith, but he
would maintain that there was no just reason for
interrupting time channel which booth America
offered for OUT trade, and which was the more ne-
cessary to us, from other sources of prosperity hav-
ing been dried up-at the close-of the late war. To
him it appeared (and so •be thought it must to
every one), that it was a moral impossibility that
the Sowli American Provinces, with the advan-.
rages they possessed, in the freshness and youth
of their independence, should be so far subdued
as again -to be linked to the ingratitude of Spain..
IVould it then be well, when their destinies should
he fulfilled, that the name of England should be
found only-connected 'with :the struggle for free-
dom by a Bill of pains -and penalties directed
against those Who were disposed to engage in the
cause ? Hostile to the principle of this Bill, so far
as it was directed against one party alone, he must
approve of the recommendation of his Noble
Friend, to divide the measure into two, for the
purpose of giving an assent to those provisions,
whiCh went to repeal the two occasional Acts of
the 9th and 2901. of George the Second, and a
decided negative to 'those .which were exclusively
directed agaitiSt the Independents 'of Souls Anie-
tica. .

• The Earl of HARROWBY defended the Bill, and
desthibed the authority clowed.by the Noble Mar;
guess to be the most inconclusive that could have
been referred to. Front a Reference to the opi-
nions of public writers, he showed that the coun-
try was bound, from regard of its own honour, to
introduce a measure like_ that now before the
House. Ministers ought not to be deterred from
doing justice by an apprehension that tl*fir ino.•
rives might not•be duly appreciated, and the pre-
sent measure, he contended, was called for not
only in justice to Spain, but ita justice to onrselvea.
From a statement of the 'arms supplied to Old
Spain from this country, he showed that she had
not received that' aid which had been supposed,
the. tot al 'Valite of the whole not exceeding 15,0001..
England had forii'terly made her complaints
re-
sound through Europe, When France, under the
mask of neutrality, 'bad sent arms and men to
assist our. revolted COliiiiists. He put it to the
House, what would be their feelings if the island
of Jamaica, were' to became the scene of events
similar to elorse which hail taken place in St. Do-
mingo 3 What, then, would be our sentiments if
Foreign PoWers, were to say, " his Britannic Ma-
jesty tniitiit levy Atthat troops be pleased, but it
was no Violailoti of! newrality on their part tO
assist the negroes !" To prevent our officers front
taking pare in the contest now going on, was, in
his opinion, not an act of injustice, hilt of butoa-
It.was ,wtAlkatWo with what jealousy an
old Spaniard looked oil a ioriign 'friend. Thera
was reason to believe the same feeling was not un-
known in South At:relics. He wished it to be re-
membered, too,.witat was the character of the pre-
sent'contest. rte had seen a Proclamation signed
with the naive of General Bolivar, the deliverer,
and lie believed the document to be: genuine,
which, in 'powerful language, recommended the
massacre of eight hundred Spaniards, evil() had
been made prisoners, in cold blood ;.and this mea-
sure, dreadful Rs it was, seemedjostified as tar as
cruelties on the other side of a -most aggraVated
nature could juitity it. lie did not wish to see
the men who had distinguished themselves at
Victoria and at Waterloo, engaged in the most
savage civil war that had ever desolated the earth.
The present Billhe wi.,;iied to pass on the prin.
diple " Quila4 .1. pd. aiiiim tacit per ie." He
it pbliey.to act by Spain, art iu other