The Sun.
London, England, 1811-01-11 00:00:00

IMP ERIA L PA lILIAIENI.

HOUSE OP PEERS.

TiItiESDAY, JAN. 10.
Their Lordshipi assembled ut tea o'clock this.
morning, in *pursuance of the adjournment of 'rues,
clay, and soon aftei wards the Lord Chancellor took
his seat on the Wools:wk.

In the absence of Dc ptuy Usher of the 'Black
Rod, the Sorjeant at Arms (Mr. Watson) announced
at the Bar a Message lion) rho Houseirot Commons.
It was ordered that the Mr:isengers be called in.
Lord I.4OvAINE, and several Membets of the
house of Commons,
.brOUght up a Message, tie-
quainting their Lordship that the Commons had
aopointed the Chancellor. of the Exchequer, Mr.
Secretary Ryder, Mr. Robert Duntias, :and the roas.
ter of the Rolls, to go with the Lords, mentioned tatit former Mess9ge (the Lord ervsideut and the
Lord Privy Seal), to wait upon his Royal Highness
the Prince of \Vales, with the Resolutions anJ Ad-
dress ..of both Houses, for supplying the detect in
the pertional exercise of the Royal Power and also
'that they had appointed Lord J. Thymic, Lord Vis-
count Palmerston, Lord Clive, and Colonel Des.
brow, to go with the Lords (Earls of Harcourt and
Morton), to wait upon her Majesty with the Reso-
lotion and Address ut both, Reuses, relatit e to, the
direction of such part of his Majesty's Household as
may he requisite for the, conduit of his Majesty,
and the maintenance of his Royal dignity.—Ordered
to be laid on the 'rank..

to hold a scat in that House ; and consequently it
was the duty of that House to proceed, wit bout de-
lay, to supply the vacant scat. Besides, as the Writs
of Summons were simply. Writs of Service, it could
;not be maintained that the House of Coin-
motis was bound to wait tit( the issue of slid)
Writs. He 'felt justified, therefore in contend-
ing, that not only upon the analogies of the case,
but upon the reason of the thing; his motion ought
to be weed in. As to she enalogy or the case,
Ise would beg of Gentlemen to .cooeider how the
question stood' with regard to Scotch Peers. In the
ease of the dente ot a Scotch Peer-, rot being a
Lord of Parliateeer, his eldsst son succeeded to hie
title, and becatrie immediately disqualified is a:
seat in'that House. No writ of summons Vvas to
be expeded in that case, nor did that House require
more more than a cei titivate of the face of the des-
cent 'from two of its own members, to induce it to
direct the issue 11 new writ. He begged of Gen-
tienirn also toeonsider What might be theconsequence
of Wail rug for ihe summons to :the other House.—
No such, sutomOns was ever issued but epon the ap-
plication of the individual claiming the title. It
might therefore so happen, thar a person, in the
situetion of she Noble Lord, whose Neel was now
vacant, by omitting to apply for such suminene,
miglit keep the place he had previotiely represent-
ed during his pleasure unrepresented. It appears
oil to him, thereee es, not to be necessary to wait for
steel summons, Miless epee' tie grounds of tips-
dieney or ot incotiveuieece tsltth retied to, the in-
dividual or the public. With respect to the indi-
vidual lie must observe, that if the motion could be
construed es hostile towards him, he could assure the
House that he should not base been the person to
make it ; an as to the question of public ipcom
silence he was satisfied that it was all on the con-
trary side. Causidering, therefore, that the House
of Commons' was not bound to regulate hit internal
constitution by the proceedings of the other House,
he was of opinion that it was else duty of that House
to provide for the pee feet representation of Ghee et-
tershins by agree:ll4 to his motion,
The Sete% Nee said, the reasoits which Ililtril'llll-
- hoe in offering the suggreoun, he had throe n
outs arose from the circumstance of its trilig the
constatit practice to add tic words he had Hie:intoned
to every such motioe, lit proof of this; he cited a
variety of instances, and directed the Cleric to read
certain passages from tic Journals relative to the is-
suing a writ for Stamford, in the room o( General
Barclay, tipsy Earl Landsay.
Ireweito observed, that lie had omitted to
state that the decision of that House last session,
when a petition had been presented from certain
eleaors of GlouceStershire, denying that Lord Durs-
ley had a right to his seat in that Hoese,he !teeing
omitted to give in any qualifidatiOn at. 'the eleetion,
was n recognition of hint as heir-apparent to the late
Earl Berkeley.. •
The CHANCEI,LOR of the EXCHL'QUEU, after the
eerspictions explanation of the prat ice of the House
which had been just delivered 'from the Chair, did
not suppose that the House would, in this instance,
depart trolls its invariable practice. As to the ease
of the petition alluded to, lie was one of those who
were of opinion that it might to heve _been inquired
into. He had no heiiitation, however, to state, that
on that occasion he declared that the division of the
Hosise respeding the petition could not have any
effeet upon time other question to be decided else.
where.- The consideration of that case, therefore,
ahould.be left out of this discussion. With respect
to the inconvenience that ho! been adverted to as
arising front keepiog the county of Gloucester unre-
presented, that might be a ground for such a mo-
tion •as the present. But even in that case; the
*Reuse would be cautious of agreeing tO the motion,.
where Pity doubt existed, tin the doubt should be
removed by the decision of the competent tribunal
The' individual should be left, thetefore, to the ope-
ration of the regular course, and no 'writ of sum-
Mons could issue till the. removal of any doubt that
existed. Besides, if the new writ were sto be is-
sued, end another eledion to take place, and if it
should afterwards appear that the individual had a
right to the title of Earl Berkeley, the House would,
in 661, have deprived the county of Gloucester of
its legal representative. lie would put It to the
[louse, then, whether they would agree to this mo-
hone when in the course of two or threis days at
tattle's!, the Parliament would be opened, and the
Lords would most probably take up this question on
an early day. He was persuaded that, upon consi-
deration, they would wait a few days for the deci-
sion of a competent authority upon the doubtful
question, As to the case of Scotch Peers, he must
observe, that as no writs of summons could issue in
such circumstances, the House was compelled to act
upon the evidence it could obtain. The cases,
therefore, were net similar : as in the case of Lug.
hob Peers, writs of Summons were invariably re.
quired; in the other case, no such writs were riecess
sury. tie should.nut negative the motion, because,
though not expedient at present, it would be a pro-
per motion to be Made in some time. He concluded
by moving the previous question.
Mr. WHITBREAD concurred with the Right Hon.
Gentleman in thanking the Speaker for his- explicit
statement et what he conceived to be the practice';
but must observe, that it appeared to him that no
precedent applied to this case, because it was one
that had never before occurred. In the Stamford
case, General Bode claimed his right to a seat in
that House, till the' decision of the question of his
right hi the outer House. But the Bight Hun.-
Gentleman, in ' his view of it, bad not stated the
Whole' of the question. It was in fad a qeestion
whether Gloucestershire should be suffered to re-
main unrepresented for an hide:lleac time. They
bad nothing to do with the case to be decided else-
where. It it sheuld.prove that Lord Dursiey had
the right to 'they- Peerage as oldest legitimate soil of
Earl Berkeley, then he would be a lember of tee
other House s it nut, then he could not sit in that
[Lest, he having taken .his seat in,it as heir-ape
earent to the late Earl •Berkeley. In either case
:he seat would be vacant, and consequently the
tow writ ought to isiete. Besides, it wou:d btere-
membered, that when the House- was on t recent
occasion called, the name of Lord Dui sley was iery
properly put by. That, he contended, was it recog-
onion, on the pert of the House, ot Lead Derek!),

as Fail Berkeley. When the Petition alluded to
Was under consideration last Session, Lord Dursley
in a manly wayeefeelated thlrhd Ithd giVen in no
'qualification, because he eltroeel to be, aeltecon-
tended he was th heir-apparent of Earl Mirkeley.
The House rejected the Pet4l, and admitted-Lord
Dursley to retain . Lis seat as heir-apparent to Earl
Berkeley. If they %ere to go on as the Right Hon.
Gentlemateepposite proposed, it might so happen,
that the county of Gloucester 'Might continue un-
represented during the- %clerk of this Pailiament.
With reseed. to the opinion of Mi. Speaker Onslow,
which had been quoted . from the,note its Mr. Hat-
sell'e book, it appeared to l,int clear, that' as 'nu
such Ease es the present had ever before-occurred,
that eminent parliementary authority had. foreseen
the possibility of sech a case, and recorded his opi-
nion respecting it. Upon the ground of such a
high, anthoiity, therefore, he would 'coistelel, that it
was' not Orersgary to wait for the issue of a writ of
SUMMOIni. It would not avail to of eet or discred.t
the validity ef the opinion alluded tie Every Mem- •
bet- of Pail/anent was in the habit of considerhig•
Mr. Haiselfs Book as of high authority. He %souk'
beg the House, too, to consider how it stood with
regard to' Gloticestersliiie. It tees v.CII kbewil
what a degree of heat and fever „had been excited
there. by the approach of en cleeion sharply to'lie
contested by opposing part i'es. Win; the a Stale In
whi hit Wiedd be ueSirable to leave that populous
cout:ty ? It: was- impossible 'for the llouse, by reject-
ingthis motion for it new Writ, to tell the electors
of Oloncestoshire th.it they ilitht still ctset inue
represented. Hevitig *eeetsgoised Lor.l Dursley as
legitimate heir tra late.fifher, 'they were bouod
to ad upon that tecognilion, by considetioge him
now as Earl Berkeley, and Maintaining hi the rights
of the eleetors.of Gluecestershire the rights ur the
people la England. As 'no
,incemenience could
possibly arise: either to the ipdie kited or to the pub-
lie from wanting the be Was detertnincd to!
oppose the pievious qvcstion.
Mr. C. W. WYNNR differed in his View of this
quest ion loins his floe. letiend, who Isati jies-t sat
doe is. It it should
,iurn out that Lord Dbreey had
no ritiht to the title of Btrl Berkeley, and le the-
sequenee rigieeing to vile Motion for liew
Writ, an electiou shOuld take place, the House would
be bound to stipi;rsede such Ghat ion. It had been
much hoisted upon, that UeleSs the'Writehould be '
issued, Gloucestershire would •
be utnepreseeted.
the there had been cases of persons sitting in that
House until the Reeort of the committee of Pri-"!
vileges in the other House,had decided, their claims
to the Peerage. He was of opinion that Lord
Dorsley might continue to sit in that House till the
decision . upon his claim in the other !Lease. It
there could be any suspicion -entertained of any
combinetioe for the purpose of
,keeping the county
unrepresented, the
,House would undoubtedly be,
bound to proceed. But there bad been no unneces-
sary delay in The regular cuo'rse of ,
firuceeding wOur4 he by a petition to the 'Bong on
the part of the hunt idled, which petition Would then
be referred by his Al,ifiesty to the House of Lords,
where the claim would be;decided in the Committee.
of Privileges, He had been of opinion last -Session,
that it was inconvenient and inexpedient to enter
into the discussion of a quest*, which would
more regularly be decided on the death of the late
Earl Berkeley. Whets it was coosidered, that in
the course ot.a few days this question would be de-
tertnioed'hy the compeeeht Tribunal, he thought
the House would feel the propriety of 013bl:14141g
from issuing the Writ. Though Lord Dursley en&
be proved! by that -decision, nut to be intitled to the
Earldom, it week] test follow, that the House was"
to declare his former election void,
• Mr. Ansetettusiele contended, that the question
that first preseeted itself ',oil this subject was, Witt-
titer finding themselves in a difficulty, they should
not exercise their cniCretion and the next was, how•
.
far they were to exercise that discretion. for
lairu-
self he was convinced that ii they found themselves
in any embarrassment they were booed to lean to-
the side of the Ocelot's. They were bound to main-
tain the right* of the people. He besought
.the
House to enter calmly into the' question, and to corr.
skier what entries would appear on the subject on
their Avenel, The first entry was, that Lord Durs-
ley had taken his seat in that House as eldest sun
mid heir-apparent to Earl Berkeley : the next entry
was the rejeetion, of a petition, denying his being
so qualified ; and if the motion of the R;glit,,Hoe,
Gentleman opposite should be carried, thelast entry
would be, that, alter having, by suffering Lord
.Dursley to sit as keir-appaten eis Earl Berkeley,
cognised hiin as such, and having rejected ir Petitiun
denying him to be whet he was represented to be,
both by the Earl and Countess of Berkeley ; on a
motion made for the issue of a new Wet on his
succeeding to his father,. that House, notwithstand-
ing the previous entries, got rid of such motion by
the previous question. If the, motion should be so
disposed of, he would not consider it as ading.rea-
sonably on the part of that House towards the elec-
tors of Glocestershire. He should therefore support
the original motion,
Mr. Hoarsen wished toms! a few words, explaio-
ing the prieciples 'on which he meeet to giee-bis
vote. ',The first• Was, that the ,Peerege was is corn-
plete incapacitation for a seat in that House. The
next was, that persons in the situation of the Noble
Person in question must be Octet to be Peers until
the decision of the competent tribunal upon their
claims, That House having recognised that indivie
dual as heir-apparent to the late had Berkeley, he
would contend that it was bound to tetse tits to be
a Peer, and that it was no part of the Lew of Eng-
land that the issue of a -writ of ,sue mons sliceild
waited for. In the case of Lord Butibety, though
no wilt of summons bad been issued, the Cote; of
King's Bench took cognizerice of the right ou
question respecting the right of trial by Peers, and
decided accordingly. in its favour. The ylestion then
was simply this, that the Peerage disqualified for
seats in diet House. The Scotch Peers having be-.
come, Peers of tEuglanil at the Delon, were conse-,
queirtly tfisquditied. The Peers of Ireland,, by a
clause in the Union Aereare permitted to sit in teat
House, provided tfey waved their right as Peers.—
It was his opitiroo, therefore, that that -eleuse, and
the Courts below were boiled reeeenize ths: tight
of Lord Beikeley, until some Court of comptteee

jurisdiction. "
shall have-deackl aagainstit.'
lllh .
mischief might result from the contrary princV;
He should not in deciding wha: vote to give)
into his consideration :the rumour,. ii circul3P:
If precedents in the affirmative were multipli4:
hundred fold, they could not apply to this cascj:,
the Stamford case the writ had been '6llPersejt
pro9t that it had been obtained on
aro
true in faa. 11 ever there could a-tune f
ing such a wilt, and rendering full the rerst:
lion 01 the people, 'it was present, %,
tions of 'such vital imi)ortance ami' Jostiug tor,
ences, Were:expected to be brought utidetero
deratiob.. As to the. deiay of a few bcing
ly to produce a -decision in the other 1-fousei
was niit to be expoded, in the course t yea et the,,ro
sent ParliaMent. There were several other ri!o
pending, which would have precedence. liao
therefore support the motion.
Mr. LoN9.edntetided, that the Stamford
dam„ was exactly in point. The invinilbleyhtl.
o; the House was clear, and ibis practice tun
been recognized the act of I 7 84, lot authcri';),
jeurtitnents of Session, anegrost
the Spi.6ker to issue: writs, during a rei c.r,o
itmters, that in case of ftthlere t'otrie;
the.succesqn bad bek.li called up to "A' 11''Ll
Lo ds
Sir S.
Vitirolz,.-ruiLaLEAb vube:eprbl.at..idnied.it
(11-14(ion w9s clear. The county of Gioticesief
at present unrepresented and might contiiiae,:f
represenied, if the wilt now. moycd for 41061,10
be issued. Even 'though the Pialiatnent
opened in the tittle stated by the Honorriluee
ee
G,ntion.an opposite,. it did not follow ale el 0.
lion could be decided in .the other Hetliti
that' in
any reasonable time, 'course 'to be pursue'
lie
his
was by ite*vsitt'itibocsiotit:ieltLi.,,i.
e
and al terwarbdes
of Lori".
allure hi Privileges. in the
srt,t..lito.ci:)rtoldtCdtitt)or tdfic'ecisAucithoriiite));i:je7ol
e
,
Inuit b 1 'quite putt, th*en, That dettc-t't
sescutk
existing, 110, thion could be preoteti oo
ltegbeiount
.The
beatd
bm
ofGloucester shotahl
occupy come days ; and vt as it 14, lit that the
!line ? had bcien iv 5n MIL it
great ititrortance to the cOtittly 61(41Cesla 111.°1;ii
any longer unrepreftmed, and alce)
ter
be
no event, whatever luny he the. dec,isiett °co'
luill;iiire.;l;riel:lol7:lldiduili:G.ll'::
flotise..—whether the title of Earl 13erke1...7 10 114.
tirtped or the contrary be the caser—can the
110)retztetota,tit:elortedt:tiunot(iiiesr sprat in that House.
astill it•eticrehiedt‘4lt,aetlitinuipoot:),Gloucesiershire sLooid,
incomplete ? The Stamford case IL'd
I.lcrtie. did tibt claittbrUatsillitcattr-tiPpliliorvt t'llit)pitl)y Lard
hay.) as lota Duritley did to. Ea' `tit
indeed, the cases wherein dOnbts had existed vitt
cases of claimants as heirs presumptive, 1101
apparent. He would leave it td the I.louse,
ij
whether, because no case exactly poil"°'11100
Wand., they ought to sutler an obstavance 0;
to interfere with the substatitial rights of
,the P.l•
tors tors of ? Their late reprcio'ljoi
claiming at; heir apparel/1,40 Peer, rutv‘t ,\;
to
at
IPieeelii",6tat ladt. hii7sBs4e3, t
did it t o t
lii(-)ltuauis)epityi I ; 0101
because it was itopossible that the Legislattiretd,
bate intended the operation (ft that Act 10
,e11,,u1
to Cases of that description-. Nvilen the sub,Lo4o
the question was so clear, he would not
vote to be governed by idle torn olio sltu~l~
therefordlupport the original motioo. 110'
Atter a short eXplatlation from Mr. W""''
House divided--.

Fur the previous Question . 14 Against it 30
lujilf,,
l'ho main question was then carried for i'
he w raj and the House adjutuued. ........--......._

MAILS.
L)i..11-..1 Cadiz, a Libbon, i 4141ta, 7 Dublin, y %4"'

OF STOCKS
THIS OAS At TWILLVIL O'cLueK•
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SuL.AI (41+14 OACtita F44.1111M AUDIhr.

LONDuA,

rrtiDA, JANUALIY It, lAII

" Windsor Castle, (an. ail' VA
Sri
" I‘IAIL3Ti appOarS to be a Lillie imPl

since yesterday.

rc H. llALropv.
U
V. II t:1311:1),::E.
" R.

~,:„; 0,0
We this dr,y lay before etir. Headers' Brio" rA r'
* ~.' :it'''.
clAlicial statetnt;:it of Cie growtd, (,) 1 the all°'-"4:0 tii;
of f lulland .to Fralle.: it is ditticult to pd .1,
,;,-' 41,
with ipatieucei because; it seews i° *
„iii 4:
been studiously' drawn up for the purpose of if 4.-; 'pi )
the unfortunate
%shich he hashed ped upon them, the misery t°"'''.o he
people of liollaod. The oPerelii°,!l'
he . has redticed them, , are assigned by l'ifll.l.,e, 11(
his justificalion for . this final ad of it'i'lsl,r, wi,
There is one passage in this pdper, hoc °0 01(
which is important to this Country, f°r . Ut1,11; ,
NAPARTB (It.cLito that he is contending 14)% to‘ r
kt.:edum of the seas, which freedom he detillc- ' . :t
r, to li
tie, that Neutrals hare.a right to sail from
irs°‘.l,ilit vrt4.
port as they phNise, and' with the property °' --,:i'l,lS 11::
Jotritie,.whicl,„ if
geretit PU:Vetti on board, without proteStitioa,
,t, it"
established,
"'at 'ttPeriPtity uselessi, he says he. will entig— 4,
. i'm
i tf oil
weans of the Berlin and Mil.ni Decre:!s 311( '. t)11
ht: kti'' (04.1 the 1,1e0,14 of Aitiet,C3 that tbiw: 1-- ' '
would rentie,l vt.Ll, iLa:
.crew ~ ere lepe*J from Ntivcalb4ir fasts