The Sun.
London, England, 1845-04-09 00:00:00

merely to induce them to support so valuable an institution, issued. Now he
but to extend its benefits. They were aware, no doubt. of I Hee
tae general uljeels winch the society aLtenipted Lo attain.
At this moment he believed it granted 50 pensions to those
whose energies were decreased by age or by infirmity. Those
pensions were essentially of an auxiliary nature; it was not
intended to support him whose energies had entirely failed,
but to assist. That so much had been done by persons who
were themselves struggling for existence, was in the highest
degree laudable; but if they examined the statistics of the
question, he thought there was no one present who would
not be struck with the immense benefits which the energies
of the printers' friends had produced. The number of jour-
neymen printers in the metropolis could, he thought, scarcely
be calculated under 5,000, and if they took only one per cent.
on thatnuraber, they-would find the exact number of pensions
would be produced which at that moment they were paying.
—(
Hear.) Now in every charity and in every institution in
this country, there never was an average contemplated less
than two per cent.; three per cent. had been the basis upon
which all charities had been calculated.—(Hear.) He hoped
he might induce them, that evening, not only to increase the
basis of the purpose for which they had assembled, but to
increase that feeling which, duly cultivated and carefully
nurtured, would accomplish an object such as lie had indi-
cated. He hoped that they would eventually afford assist-
ance to at least double the number to that which now it did.
—(Applause.) He ventured to advocate not only the main-
tenance of the institution, but its expansion. When
he remembered the-eminent personages who, for a series of
years, had advocated the interests of the society, and called
upon them to support it, he thought it would be useless to
follow in their footsteps, and he would therefore go beyond
his predecessors, and call upon the company, not only to
sustain the institution, but to extend its advantages; and
they would be surprised, if they carefully examined the
subject, to find what immense benefits could be achieved from
comparatively slight means.—(Applause.) Let them sup-
pose the number of pensions at present granted doubled—
that the number of pensioners was 100. Let them take the
same ratio of per tentage, and suppose 10 of those pensions
not auxiliary, but absolute—that is, given to persons whose
energies had altogether ceased. If, then, they were to fix
the amount of pensions at 251. per year, and to the remaining
90 they gave, to the males 15/. a year, and to the females 10/.
a year; if they were, in fact, to raise a munificent and ample
charity, they would not require more than 500!. a year in
addition to their present means.—(Hear.) He could not
understand why there should be any difficulty in attaining
this result.- Adding that sum to the income which they at
present possessed, it would make about 1,400/. a year, which
was not a greater amount than he had known to have been
received by other societies at their annual festivals.—(bear.)
There was no class of labour in themetropolis that was More
entitled to metropolitan support than that of journeymen
printers. London owed everything to its press; it owed as
much to its press as it did to its being the seat cf govern-
ment and the seat of law. He regretted to say there always
appeared to be a great lack of sympathy in this country in
any charity connected with its literature. In every other
trade there was more esprit du corps than in the realms of
literature, if, indeed, they could call that a kingdom which
was a perpetual scene of civil war.—(Hear, hear.) The
fact was, that from alpha to omega there had been a perfect
want of sympathy amongst all persons connected with lite-
rature. 'No matter what they were—from the most suc-
cessful authors to the humblest persons connected with the
press—although the gradations were numerous, the hierarchy
was entire. They originated in one principle—they existed
by the same means—and, did they understand it, were con-
nected by indivisible interests.(Applause.) But, 'unfortu-
nately, it had ever been the case that authors, editors, re-
porters, and printers, had never exhibited among themselves
that esprit du corps that was shown by the members of every
other body of men. Jealousy and distrust had always inter-
vened, and the time had now arrived when they ought to
make a great effort to put a stop to those unfortunate differ-
ences. To him there was nothing more surprising than that
there should be an uncommon want of confidence amongst
men who were in possession of the greatest power in the
world.—(Hear.) Gottenburgh, the inventor of printing,
though lie might have imagined the great influence which
his discovery might acquire, could never have thought that
its followers should, amongst all classes of the community
have been the least respected and the most in want.—(Hear.)
It was true the master printers had recently given their aid to
the institution, and that they had done so with very great
effect--(Applause)—but there were others immediately con-
nected with the craft who had not taken that prominent part
they ought to have done. Where were the authors of England
was a question which he dare not ask • if he did, echo would
answer, " Where ?"—(Laughter.) Where were the authors
whose books sold? Absent.—( Laughter.) Where were
those whose books did not sell? Still further away.—(Re-
newed laughter.) Why, they would not be heard of even in
the immortality of the pastry-cooks, if it were not for the
printers of England.—(lncreased laughter.) They had many
other clients to whom they could also appeal—the authoresses
of England for instance. He knew of many ladies who had
exhibited great ability in writing upon various subjects, not
even omitting sermons, to be sold at bazaars, in aid of chari-
ties, and yet few of thein were found to come forward to sup-
port the decayed of that class which was mainly instrumental
in placing their literary efforts before the public.—(Hear, and
laughter.) After a few other observations with respect to
the object of the charity, the Chairman proposed " Success
and Prosperity to thtPrinters' Pension Society."
The toast having been drunk with loud applause,
Mr. Sheriff HUNTER. gave "The health of the Chairman,"
which was briefly responded to.
The subscriptions were then announced, and amounted to
upwards of 400/.
" The Press," " The healths of the Sheriffs," and other
toasts were subsequently proposed and responded to, and the
company separated.

self had issued?
Sir J. GRAHAM—Not as to the form.

IMPERIAL PARLIAMENT.
HOUSE OF COHMONS, April 8.
THE POST-OFFICE.

Mr. T. DUNCOMBE then rose, for the purpose of
moving for leave to bring in a Bill to secure the inviola-
bility of letters passing through the Post-office. He
felt that it was a reflection on the system of Govern-
ment under which we lived, as well as a reproach to
our institutions of which we were so proud, that any
Member of that House should be obliged to seek for
the inviolability of his correspondence. In submitting
this motion to the House, he would abstain as much as
possible from everything of individual or of a personal
nature. It was with the system he was going to war
It was a system he felt it his duty to endeavour to de-
stroy. Committees of this House and of the other
House had been appointed during the last session to re-
port what was the state of the law on this subject.
Ali that the Committee of the House of Commons had
told them was, that the law in 1844 was exactly the
same as it was in the time of Queen Anne, but they did
not tell them what that law was. The House of Lords
had gone one step further, and had told them that the
only way the intention of the law could be explained was,
by the fact that that power was fully recognised by Act
of Parliament, because it did not give the Secretary of
State the power of detaining letters. They told them
that the power appeared to have been exercised from
the earliest period, and that it had been exercised ac-
cording to several Acts of Parliament. That was all
that the House of Lords said in reference to the matter,
admitting that there had been no law. He would grant
that the practice had obtained, from old usage,
and was recognised by those Acts of Parliament ; but
if they referred to those cases in the Appendix of the
Report of the Commons, they would find that there had
been no such proof that letters had been stopped
in the Post-office, opened, and then sent fore ard
to the parties who ought to have received them ;
there was no evidence that such a system of fraud and
forgery had ever been exercised; they were used in
Courts of law as evidence against certain parties. The
law was so different on that point that they
did not allow them to ask where was the warrant
whereby those letters were taken ; it seemed
that they came into the hands of the Government some
way or other, but they would not allow it to be asked
who detained those letters. The first of Vic-
toria increased the power of the former Act of Par-
liament. He had the authority of the highest
men—the highest legal authorities, for saying
that there was no law for the exercise of that power now
'made use of. All that was done by the Act was to re-
lieve the servant of the Post-office from a misdemeanor
in detaining or opening any letters. It left the legality
of the warrant totally and entirely untouched, just the same
as a constable who produces his warrant is exonerated
from all responsibility as to the legality of that warrant.
The same thing might be said of the orders that were
given for the admission of strangers into the gallery of
that House. If a stranger in that gallery were to be
apprehended, he would produce the order as his protec-
tion.• Yet it was clear that the power of admitting
strangers did not exist in that House. But admitting
that the Government possessed the power of opening
letters, the question the House had to decide was, what
advantage they had obtained by its exercise. They all
knew the difficulties in which the present Government had
been placed ; and they all knew the ill feeling which had
been created by the exposures in that House. And if
there was ever any benefit derived from this subject, he
would ask any rational and sensible man whether, after
the disclosures which had been made, a man engaged in
a treasonable correspondence would not be an idiot or a
fool to send that correspondence through the General
Post-office. He said, therefore, after the exposures
which had taken place, that the value or utility of this
practice had been destroyed. If this system was to be
of any value at all it must be practised in secret.
There was no middle course. They must either stand
by the present system, or abolish it altogether. Why
should' they not expunge from the statute-book this
odious power, if such power existed? Such a power
existed in no other country. One of the articles of the
Belgian Constitution protected the correspondence of
the Belgian people. The power of opening letters
did not exist in the United States, nor in Canada.
It did not exist in France. Monsieur Guizot had de-
clared, in his place in the French Chamber, that in
law and in fact the correspondence of the French
people was inviolable. Honourable Gentlemen opposite
smiled, but that had been the declaration of the Minister
of Foreign Affairs in France. If correspondence in
this country were violated, there was no redress because
nobody was responsible for it. Sir Robert Walpole had
declared that this power ought only to be exercised in
times of great internal danger. From that time down to
the present day the power had been increasing. It had
been used, not only for criminal warrants, hut also for
political purposes, If they confined the system to cri-
minal warrants, he should not have so great an objection 1
to it: but that was clearly impassible. On a former oc-
casion it had been stated that Lord Sidmouth had issued
a great number of warrants for opening letters. Now
he (Mr. Dunconsbe) had had lately a communication
with a banker in the city of London, and he had told
him that a clerk in his service had been guilty of for-
gery, and had absconded. Application was made to
Lord Sidmouth to intercept the letters of the clerk.
Lord Sidmouth declined doing so, saying that he never
issued warrants for opening letters except in cases of
high treason. An application was then made to Lord
Sidmouth for the parties to be allowed to see the address
of the letters, and Lord Sidmouth said he would send an
answer in the evening. Ile did so, and it was to this
effect—" That he considered the Post-office so sacred
that he would not be a party to allowing the superscrip-
tions of any letters to be seen." Two-thirds of thewar-
rants issued within the last forty years had been criminal
warrants; and, in point of fact, the question resolved itself
into this—should the Crown have the power of issuing
those warrants ? He thought that when the House
looked to the extension of the police and other instru-
ments of the Executive, it would see that there was no
necessity for this additional power of opening letters.
He had asked for capita of the warrants that had been

,Alnetherjhe iortut r Laa

;Sir J. Graham) as the models of thosa which he him-

Mr. T. DUNCOMBE said, it would be very inter-
esting, to him and others,tohave before them copies of

hose new forms which had been used in their own

cases.---(Hear, and a laugh.) Ile believed it would he
found that the practice had been of a most demoralising
effect. To prove this, he would read the order of the
postmaster general, dismissing servants of the post-offic.c
for openigg the letters of certain noblemen and tren-
tlemen connected with sporting affairs.—(The Hon.
Gentleman read the order.) Now the opening of letters
by a postman was a transportable offence. But the
postmaster dared not prosecute those men, because they
might plead the example of their superiors as an au-
thority. If a jury found them guilty, it would be with
a recommendation to mercy on account of the example
set them.—(Hear, hear.) The dismissal of those men
was occasioned by the unwillingness of the Post-office
and the Home Secretary to go into a Court of Cri-
minal law, with an avowal of their own acts.—(Hear,

_
hetlr.) There were Members of the Committee of In-
quiry now in the House, and he w4,.hed to Lice the op.
portunity of reminding them of their own re-
port ; in which they expressed some regret that
they could not go into an explanation of all

the- circumstances—connected with those transactions.
Now what did the Committee man by that ? Did they
picture to themselves a Secretary of State for the Home
Department sitting in his office in a state of alarm
(having read, perhaps, the Morning Herald, the Minis-
terial organ), with respect to some treasonable conspi-
racy, or some sedition, which he learned from a letter
brought from some person in the Post-office, but which,
after all, might turn out to be a conspiracy got up by
some Conservative Operative Society, or a mere Chartist
meeting-. The Right Hon. Gentleman having found out
the extent of the conspiracy might put his letter and the
Morning Herald in the fire. Another reason given for
maintainin this power was this—that if yeu abolish it,
the Post-office, this great Government establishment,
would be made the vehicle of treasonable or seditious

practices. That was the only argument for retaining
this power which had any plausibility ; hut upon exa•
minatien he thought it would be found to possess more
sentiment than common sense. Ii this argument were
good as regarded the Post-office, it would be equally ap-
plicable to every railway, omnibus - driver, or
even cab-driver in • the kir, gdom.—( ear, hear.)
Was it not better to use the power which the law at
present gave of using a search warrant for the opening
of letters in the Post-office, if they were supposed to
contain treasonable matter, than to open them privately ?
That would be a less dishonourable proceeding and less
offensive to the individual. lie did not see how the
power which was lately exercised could be of any value
after the exposures that were made. He did not think
that there was much fear of treason in w that they had
policemen in every corner. They and their county
rural police, their borough police. What could they
want more. But they had more, if they knew how to
use it properly—a loyal and affectionate people, who, if
they a ere well treated, would .be the best safeguard of
the Crown, and the tranquillity of the country. He
would ask the House to allow him to bring in a Bill,
and let there be no mistake on the subect. He asked
for leave to bring in a Bill for the unconditional repeal
of this power. fie was satisfied that reo middle course
could be adopted. This system of opening letters—this
system of fraud and of forgery must either continue or
cease. lie would be no party to any other
course—be would not be made a fool of by bringing
in a Bill, supposing leave were granted him to do so, and
then having that Bill frittered away or strangled in some
of the subsequent stages. He would have a clear and
decided vote of the House, whether the power was to
continue or cease. He was not aware what was the in•
tention of the Government on the subject, but he hoped
he would hear the Right lion. Baronet the Secretary of
State for the Home Department rise in his place and de-
clare that this was a power not only odious for a Minis-
ter to exercise, but repugnant to the feelings of the people
of this country—that he would take the matter out of
his (Mr. Duncombe's) hands, and endeavour to expunge
it from the statute-book, on the clear understanding that
any ill-feeling which this discussion had given rise to,
and any suspicion which had been engendered, should he
now and for ever buried in oblivion.—(Hear, heqr.) And
this was not the only benefit that would arise from the
abolition of this odious power. If any foreign Minister,
or the spy of any foreign despot, came sneaking to their
doors, a British Minister might tell them that this power
no longer existed—that he was ready to give them any
redre-s and protection which tne Bri ish law enabled him
to do ; but with respect to this species of treachery it
was no longer in his power (and he might at the same
time point to the Act) to open letters for the gratifitta
tion of any foreign power. With these views, he would
ask for leave to bring in a Bill to secure the inviolability
of letters passing through the Post-office.—(Cheers.)
Dr. BOWRING, in seconding the motion, said that
he wished the Right Hon. Baronet the Secretary of State
for the Home Department to state whether or not he in-
tended to make the reparation he promised to Mr.
Muzzini's character, in case he found he had unjustly
aspersed it. He wishei to know if the Bigiit lion. Gen-
tleman was able to produce anything in support of the
criminatory charges he had alleged aLainst Mr. Mazzini.
He would also ask the Right Hon. Baronet if he were
in possession of any ether documents relating to this
matter other than those which he had laid before the
House. It appeared that there had been a communica-
tion from Sir Augustus Foster, eating that the
Austrian Minister had got hold of certain
letters of Mazzini, who had been expelled from
Genoa, showing that Mazzini was the head of the secret
tribunal which had authorised the atrocious murder
which had been committed at Rodez. Now, Sir
Augustus Foster only stated thet the Austrian Minister
profesled to have got hold of certain documents impli-
cating Mr. Mazzini, and he wished to ask the Right
Hon. Baronet if he had taken any steps to get at the
truth in relation to those documents; and he would
also ask if there was anything against Mr. Mazzini be-
yond the insinuations which had been made on a former
occasion, and if there was any further evidence to be
brought forward in support of the accusation against this
ill-treated, caltunniated, and, as the Right Hon. Gentleman
himself had characterised him, unprotected foreigner?
Sir JAMES GRAHAM, in commencing the obser-
vations which he should feel it to be his duty to address
to the House on the present occasion, would commence
by alludinu to the questions which 1)0.6 been put to him
by the Hun. Gentleman who had just sat down. In the
first place, he would repeat what' he had .stated to the
House on a former 6ccasion, that until he had been in-
formed of the circumstance in that House on Tuesday
last, he believed he was not aware of the fact that in the
Westminster Review there had appeared a de-
fence of the conduct of Mr. Mazzini. He had
subsequently stated that it would be his duty to make
inquiries into the facts of the case, and that if the result
should leave any doubt upon his mind as to the accu-
racy of the statements he had made respecting the
transaction to which he had alluded, he should be happy
to take the first opportunity to state that fact to the
House. He had certainly before stated to the House on
the first occasion that he had endeavoured to inform
himself from the best authority, if any prosecution had
been instituted by Mr. Mazzini against the paper (the
Moniteur) which had first brought forward the accusa-
tion, and he had been informed that no prosecution bad
been instituted against that paper. But the same party
from whom he had obtained that information, had taken
no notice whatever to him of the prosecution which, it
was said, had bees instituted against another party---
namely, Monsieur Gisquet, for a republication of the
same statement. Under these circumstances, he had
thought it his duty to institute further inquiries. He
had done so, but he had only heard of these circumstan-
ces on Tuesday last for the first time, and he had as yet
received no further information on the subjee,t. As
soon as he should have received further information, it
would be his duty to state the same to the House—
(Hear, hear)—and, at the same time, to state
the impression left upon his mind as the result of that
inquiry.—(Cheers.) Painful as that discussion had befm
to him on former occasions, he was bound to say that
the Hon. Member for Finsbury, in introducing a great
question of that importance, had done it in a manner
the most dispassionate that it was possible for any Hon.
Member to do. So far from contending against the po-
sition the lion. Member had taken, he aheuld say that he
was ready to agree with it. He agreed with him in sav-
ing that he did not believe it useful to continue this
power unless secrecy be observed. That was the leading
proposition in the speech of the lion. Gentleman, and to
that proposition ho was willing to give his entire assent.
lie should state to the House that the Hon. Gentleman
had, in the way he represented it, almost seduced him
from hie duty, and he should admit that this power had
been viewed with jealousy by the people of this country;
but at the same time he did not think it consistent with
his duty that he should assent to his motion. If he
did not think so, nothing could give him more
delight ; but he was first' to consider this
question with reference to the public interest, and to the
public interest alone, and would vtry shortly venture to
deal with what was the law of the case, aid to differ
with the view of the lion. Gentleman. He must say
that the power was not first given by the Statute of
Anne. Opening a letter was a great moral offence on
the part of. him who was entrusted with it, but
until this statute passed it was part of the royal prero-
gative to convey letters, and it was universally known
that the Government, from time to time, whenever grave
suspicion arose, did, without hesitation. open letters con-
fided to its trust, and so far from its being a legal offence,
it was not only not a misdemeanour, but was not even a
ground for a civil action. The statute created the mis-
demeanour, and also created an exception to the Crown.
He perceived that the law was clear on this point. The
effect of the repeal of this statute would be, that the
opening of letters in the Yost-office would no longer be
a misdemeanour or an offence prosecuted by law. The
effect of the restriction of the law in this way, giving an
exception only in favour of the Crown, was, that the se-
curity of correspondence was inviolable. The lion.
Gentleman had stated, and stated very fairly, what was
the general purport of th,, report of the Secret Com-
mittee on this subject. The Hon. Member also stated
that the people ee this country bad an immense interest
in the safety of correspondence sent by post ; he con-
curred in that, and so did the Comaiitti e. who, for
that reason, had stated in their rt port, that with the
exception of such an I:ct being committed by the Secre-
tary of State under warrant, the security of that cor-
respondence should be inviolable. The Committee fur-
ther stated in their report, the facts relative to the
issuing of such warrants on former occasions, and the
circumstances under which they had been issued. They
stated the number of warrants that had been issued
during the last twenty-two years, and that that
number did not exceed an average of eight in the year.
In fact the substance of the report was that this pri•
vilege had never been abused in reference to political
warrants, and that not more than one warrant in a year
during the same period had been issued for criminal

wished at that moment to ask the Right i pnrposes. But was that all ? .ko ; the report Furth

> ti

rll.tit! L.t bhe I.:wf !LIS IC,IJUCL sieve the time of sor
Spencer, in ISOG, and that all such warrants issued since
then had been carefully preserved. Well, was there no
other change ? Ile would show that there ens, and it
was to this cffect, that now no Secretary of State could
issue a warraet without the presence of three witnesses
—a confidential clerk and two others, and a copy of each
such ' arrant to be left at the Post-office. In this respect
he b. geed to assure the Howe that every warrant issued
by him had been copied, and a copy sent to the Post-
effice ; and rot only that, but he produced before the
Committee every warrant he had issued, and gave an
account see iatine of each. In all that he had done
in this reseect he felt that he would be obliged to
follow precedent, and he did so. In respect to political
warrants, the Act required that the Secretary of State
should give his reasons in writing for issuing them, and
leave a copy of them at the Post-office, so that in fact,
so far as regulations could go, he did not see how regula-
tions could be carried further.—(Hear, hear.) With
respect to the question as to the expediency of this
power, he would say that if it never had existed, psr-
haps he would question the expediency of now giving
it; but it having existed, and that, too, from a very early
perioo, and having undeigene many and various modifi-
cations and a siendments, from the time tef the R volution
down to the present time, and by the highest authority
in the country, he did not see why it should not be
availed of when circumstances required. The House
was now caled upon to declare that the Government
sheeld not have the power of interfering with the cor-
respondence of any parties, either foreign domestic,
no matter how dangerous or treasonable. The Hon-
Gentleman thought it was too much to leave to the
responsible servants of the Crown tti,talte measures to
discover the designs of parties believed to be engaged
in plots and intrigues dangerous to this country itself
or menacing tn the peace and security of others-
--(Hear.) - Every country in Europe, except England+
gave its government the power of preventing the settles
meat of foreigners within its territory, or of effecting
their expulsion. He (Sir James Graham) did not ask
for the restoration of such favours to the English Go- •
yernment. He had always been opposed to those powers
whilst they existed. But he thought it was not too
much to ask, in the absence of such powers, that there
sheuld be continued the means of checking correspon-
dence from this country, which was calculated to dis-
turb the peace and endanger the safety of other State°,
and to peevent this country being made the focus ef
conspiracies against its allies.—(Hear, hear.) He
wished he could arrive at the conclusion at which the
Hon. Gentleman had arrived, that the power so limited
and restricted as it was, could be altogether abandoned
with safety. He did not think so, and especially with
reference to • foreign correspondence, there being n°
power in the Government to check the arrival of fo-
reigners in this country or to effect their rejection. Ile
believed that the Hon. Gentleman was correct in stating
that any attempt to modify- further the power of the
Crown would prove nugatory, and he, therefore, Pre-
ferred the course which the Hon. Gentleman had take°
,of bringing in a Bill to take away that power altogether'
To that Bill on the part of her Mejesty's Ministers be
would give a decided opposition.—(Hear, hear.)
Lord J. RUS 'ELL said he quite agreed with tb•
Right Hon. Gentleman that nothing could have beeu
more fairly stated than the case of his Hon. Friend-
His Hon. Friend had brotight forward the question ash
constitutional one and he had placed his argurnee
ttr
fairly before the House. Now he (Lord J. li"se,'
found himself in the situation of being neither able t°
agree with his Hon. Friend nor with the Right 01
Gentleman. He thought there was great force in one.
the observations made by his Hon. Friend, namely, the
this power having been much questioned, much discus'
sion having taken place amongst the public as well.
in that House, the power was no longer of the sane
utility that it had been at a former titn
and that there was a sort of warning
given to all persons inclined to use the P°st
as a means of correspondence, not to attempt to certify-
,
WI
an illegal correspondence by such an agency. Let '
however, say that, with regard to the law of the questioli
el
his investigations, as far as they had proceeded, had I
him to the same conclusion as that which the Right 11°°*f
Gentleman had come to. It appeared that the Act °
Anne was framed entirely with the view of inflicting,
punishment and penalties on clerks and persons engs,,,
in the Post- office, and not either to give a power or tin's,
away a power from the Crown which it Formerly iLit,b
sessed. He had asked several gentlemen connected .7',
the legal profession what sort of criminal proceedin" •
could be taken against a person who had agreed to COc
letters and had betrayed his trust, and he could not filito
any authority upon which a eriminal indictment could ;
preferred. It seemed to him, then, that it was ohei°_he
that the purpose of the Act of Anne was to give wee
public security against their letters being oPenthe
by going through the Post-office ; and at "
same time. while it gave that security, it reserved this
power, which was then considered an established and re,.
cognised power. Of course in that case it was not nen
cessary to confer the power by Act of Parliament
was or neces-ary to refer to it. It had been tirg7tie
that this power should be. used with more formality a."
precaution for the liberty of the subject than hither'o,
His Noble Friend (Lord Radror) was prepared to Pro-
pose a measure providing that, in all cases of openl,,r •
letters, information upon oath should be a necesee':
preliminary for the issuing of the warrant. He ander-
stood that such was the opinion of a very
rity, Lord Denman. that there should be
this sort. Considerable discussion had taken Oar ,(30
the subject, and he was of opinion that some restrictioa
of this sort should be imposed. But his Hon. Frienea;
the Member for Finsbury went beyond this, and seem's_
to consider that letters in the Post-office were eta'
titled to a peculiar inviolability, so that Or':
persons carrying on treason would have
sort of security, by the Bill he would 1';
troduce. He could not, therefore, eons with the 114
Member for the introduction of his Bill. But "hi*
came from the other House, or was proposed in f"bio
egohnst ;oft "070
having tie restrictions mentioned, he would give it la
support. One effect which this Bill would have eiot.lll,
be that of preventing the opening of letters at the lbe
stance of any foreign Minister. A letter would not
opened, in case such a Bill passed, for the alleged P ,
pose of preventing or detecting an insurrection or COO
spiracy in a foreign count:7. The Bill would rele°,lo
any such danger. He thought that was an unjustifisv
use of this power.--(Hear, hear.) The Right Hon. Ge,ll.
tleman had, of course, acted from a sane of public &li
He did not believe he was swayed by party or colt,.
motives. He did so because lie considered it to be Y.%)
ful to the public service ; but in his (Lord J. Russenh's
(pinion, the use of this power in order to further tesa"
views et a foreign Minister was unjust, :Por the
reasons he did not wish to see that power exercised. ,
had expressed what his views were, and he could 04
give his vote in favour of his Hon. Friend, but be ,
be ready to impose such restrictions as he had stateere- „
Mr. WARBURTON said, that he thought his 1-101; •
Friend the Member for Finsbury had taken the '9%,
course which it was expedient to take on this questLa°
It appeared to him that there was no middle ect;
Abrogate the practice, and do not attempt by new reei;
lations to set it upon its legs again. He must say at
considered it highly creditable to the British Governtaew
in the abstract that their power or established prainetir
of opening letters was exercised with so much ford
as
ante. Ile did not mean to say that in certain Partf
lar cases there might not have been a want of discrete° e .
On the contrary, his opinion was that there had bee°i
ealt
want of discretion, but still it was greatly to the 0.-- to
of the British Government that for twenty-two Ye6he
they had only issued eight warrants a year on to/
average, and he thought that must be the opinito
foreigners themselves. As to the authority on wt."...
this practice rested, it must either depend on Piit
rogative or common-law, or on the statute
go
Anne. With regard to prerogative, only o°,o
persons versed in antiquarian lore gave evidence tuai
such a power was exercised in the time of the Edell!
and Henries, and that the power therefore rested on P!e0;
rogative. But from a certain return moved for by bit,
(Mr. Warburton) it would appear that the warrleea,,
issued in those times were not the result of prerogat'ee
but of requests made by the_ representatives of ,
people, requesting the Crown to interfere to prerr"nt
of •
the extortions of the representatives of the Court
Rome in this country. There were, indeed, two or thrz .
exceptions in the course of a century, where the wane
rant., were of a political nature. Of' this character tv-of .
the wa. rents which immediately preceded the death e
Edward 11., and the death of Richard 11., but with th°o,9 •
exceptions no warrants de scrutinis faciendo of a Pa
'ideal nature were issued. It was the
o
t
h
tsate(times
h,sne,reona.theewrtspgetoaefwfrd,rtoeeeo.
power
noffhlhifeerojenesroPetgbpoeraeer!
Charlesildeyeiai
opening
tClngto lotvulrhteitndi
evidence
craetecierntl
crimp
ctssi t
moi
itertihehoes
wxatr
itttiwurtaahotrsrcheu
vreri
filrirsld peoccooiuhrnttwfini
tesentteteiht: ;the:
neencx:y,oinef Inlocsel;
e
same footing as the power of torturing prisoners, etep-e
bplati:e).ewsthb.e:aerotli.
jut
el askitdvene.tdo Ithpt
that
them
ce,iatmrisc
tewh
especially
theyie didre s
ennott putday the
ea et
power
l existed)n t
hc
Bishop Weodl
.Nationulktellig tbe
noticed
ai tn
expressly
tallh e itw existosr
pkes a
ey, in some of his communications to
encer, and it was on the occasion of ea g;.; '
ference to the proceedings of the Administration or ,`;ne
AlLttelrVbauir7l. e'
nant
dhattoc,j)mustotiufynictahteiopnrosecution of Bieekse
of those proceedings having been taken under the race"
Acs—the Act of Anne. Be expressly said that It
power was exercised under the Act recently passed-
grid
was therefore clearly no prerogative of the Crown, `-- „f
he believed that if the House were to take the returns e„,
the Committees they would find that there was no WO;
whatever for the retention of this power. Whether the/ .
looked upon the matter as related to the criminal or Pr'
litical bearing, they would find that no really valuable
information had been obtained, or at least none coal:
usensursete with the social evil end immorality which r a
suited from the use of the power. Whether they at •,
on the information furnished by the returns of the C°-
mittee on the political or on the criminal warrents, they..wound find that the exercise of this power was alike Use
less and unnecessary, ii 3
t g
Lord HOWICK said that he wished, before vet
for the motion of his Hon. Friend, to assign his redo
for doing so. He was not at all prepared to allow
practice of opening letters to remain in its present staie
w
He believed that the present system of secresy was °j
bee '
gsther unnecessary.—(llear, hear.) He was aware t
there was some power requisite for the Secretary of State' •
but this practice of Opening and resealing letters,bet
one calculated to create a feeling in the country.' r.
nothing would be safe from the scrutiny of a lVitilliteits
Did the Right Hon. Baronet suppose that, after the %I
mercus discussions in that House, the Post-office tv°"rn,
ever be male a rn, ilium for traitorous or seditious e°o6 •
munications? He might be assured that it, would net,
and if .a power was required, as he beliell
that to some extent it was, they negin o
take the
_A
of'. his Honourable Friend, and, .11' they pleas;
introduce a clause into Committee which would bit