Star.
London, England, 1822-06-06 00:00:00

upon Mm
_as Ma
Blade upon the present Bill
not mean to blame the Hon.

__
Bill on that account; it stood
vith his own; they had both
Charta. What he contended

vas no reason why a temporary t,
gency should not render the Alien.
Since the year 1815 there had

which it had been put in force,
cleat security against its being
ce•sarily. He knew he might
3 S..cretary of State would

use of its powers, yet that
night. Now he would remove
Fledging himself that no sr
t ave the opportunity of so

Iso that such persons might
ea-eats; but he would lessen

stating publicly that such
Disregarded. He had now considered
:ion in the manner he first proposed.
i!eied the evils against which thi
nature and extent of the reined,

and, lastly, the objections made
As he had said before, he wi!

his own responsibility, and

ro other interests than those

:-._-,

,onducive to the interests of the State. He again
pledged himself, if the powers of the Bill were en-
trute.l to him, that they should never be exercised
without the clearest necessity, and the fullest exami-
ration. If to propose the renewal of this Act had
brought to him ten times the opposition and the an-
noyance which it did, he should have gladly encoun-
tered it, rather than carry with him into the recess the
heart-sickening consciousness that such opposition and
such annoyance had prevented him from doing that
hich he considered to be his duty—(Cheers).
Sir JAMES MACKINTOSH said, that however
his mind might be filled with apprehension and alarm
at hearing that this Act was to be renewed under ex-
isting circumstances, that alarm and apprehension
was increased and accompanied by a deep feeling of
welancholy when he heard the principles upon which
it was supported by the Right Hon. Gentleman. He
112 d heard such principles laid down as he had never
expected to hear addressed to the House of Commons,
ror to any assembly of Englishmen, and that by a
Minister of great talents, and from a Gentleman
w!' om he sincerely believed to possess a most respect-
able character. He felt his alarm and apprehension
to increase because he considered these to be the prin-1
ciples of a Ministry likely in all probability to last
beyond his life. By such principles were 25,000 in-
dividuals,
who had made this country the home of
their choice, to be governed, and by such would they
be subjected to the mere will and pleasure of a Se-
cretary of State. If they were to carry such doctrines
as the Right Hon. Gentleman had advanced into
practice to their full extent, they would have to abo-
lish every essential and fundamental principle of the
Constitution. The Hon. and Learned Gentleman
then went on to argue that the defence of the present
Bill was the same as that which was advanced to jus-
tify King Charles the First in levying taxes without
the consent of his People, namely—that the money
was to be applied to a good purpose, and that the
tax was most equitable in its operation. The Bill was
nothing less than a Bill of Pains and Penalties against
twenty-five thousand British subjects—for such they
would be, and entitled to the protection of the British
laws, if it was not for the existence of the Alien Act.
By that Act they were here not under the protection
of the law, but under sufferance, and subject to the
will of the Secretary of State. The doctrine which
supported the Bill was the doctrine of pure despotism.
Such was not the intention of the Right Hon. Gentle-
man he knew ; he should be sorry to accuse him of
anything which be did not think correct; but he had
been arguing against the doctrine of one of our learned
and venerable writers, Mr. Hooker, who said, " to
live by one man's will is the misery of many." It
was said that the existence of the Bill made no differ-
ence in the situation of these 25,000 persons. It made
only the trifling difference between liberty and slavery,
between Middlesex and Morocco. As to London
being made the centre of conspiracies, it was not likely
that the Neapolitans would come here to plot against
the paternal Government of Naples upheld by the
bayonets of Austria. Could they raise ships and
troops in this country ? He thought it was the last
place in the world at which they would attempt to
meet for such purposes. The Hon. and Learned
Member continued to argue in support of the policy
of Queen Elizabeth in protecting aliens, and con-
cludel by saying, that he should be ashamed to make
it a matter of boast that his country did not make re-
prisals upon the French after the Peace of Amiens.
Mr. HORACE TWISS rose to support the Bill, and
contended that the right of excluding strangers was one
inherent in every State, and that its exercise ought
not to be considered an act of injustice. A country:
which tolerated the residence .of foreigners within its,
territories had a right to say-1' You shall be treatedl
as our subjects, as far as having the protection of our
laws ; but we will consider you only as tenants at
will, and you must depart whenever we think proper
to give you notice to quit. This was the condition or,
all tenants at will, and none should consider them-
selves injured by its being enforced. The Hon. and
Learned Gentleman (Sir James Mackintosh) had
talked of the practice of ancient times, but he (Mr.l
Twiss) was prepared to maintain that the practice of
very period of our history was in perfect accordance
Keith the principles of' the present Alien Bill. He ,
would not go to what happened beforesthe Conquest,'
or allude to the time of Alfred, who would not per-
mit foreign merchants to visit our shores, except at
the period of the four fairs, and then they were not
allowed to tarry beyond forty days. He would COniC
later down—to the time of Magna Charts,
%%inch so much reliance was placed. At that period
it was well known that foreign merchants trading to
111giAncl were subject to the most grievous exactions.
'the Barons, who had got a taste for foreign hhetteles,
Were naturally anxious that the merchants who ituro-
cluced them should not be exposed to too great ertor-
ti'in, and therefore they introduced that clause which'
.tuthorized them to come and tarry in this country,
unless publicly prohibited. That this was the fair in:
terpt eution of that part of the Great Charter, was
fully proved by the enactments in the 2d and 14th of
Edward HI. He knew there were many modern
lawyers who contended differently, but he would'
414444 that the ‘OIISUUCtiOII put upon that part

. ~-„~

.„h

' '

n try.
King had a right-to prevent him. 'lf he had left it;
and were resident abroad, be might be recalled under
a penalty by proclamation ; but an alien might go
when he pleased. and when gone, he could not be
recalled. The only power which the State exercised,
and which by this Bill could be exercised over him,
was to send him away whenever his residence here
might be considered dangerous to the country. This,
he contended, was a power which every State did,,
and ought to possess, over the subjects of another re-
sident within its territories. The attempt, then, to
give to the alien what was called equal advantage
with the British subject, would probably go farther
than its supporters intended, for it would give to the
alien a decided superiority. He therefore contended,
that the power of removing aliens ought to be vested
is the hands of the Executive Government. The Hon.
and Learned Gentleman had stated, that the object of
this Bill was to gratify the rulers of foreign States, by
excluding their obnoxious sui: from our protection. I
Now be must beg leave to altogether from his
.I canted Friend upon that point, though he should
wish to know where was the evil, even supposing the
case to be as he had stated it ? Were not the parties
to whom his Hon. and Learned Friend alluded,
known to .be men of a sullen, factious, and turbulent
spirit, discontented with the present order of things
upon the Continent, and anxious to disturb the tran-
quillity which at present fortunately prevailed there?
The great desideraimat with men of such ,a temper
was to find a place in which they might mature their
projects in secrecy and safety; and if this country,
from its insular situation, its readiness to give credit,
its free press, and the unbounded licentiousness in
which that press indulged, afforded them such a
place as they wished for, surely it was not altogether
improper to arm the executive Government of it
with such power over them, as would prevent them
from plunging it, by their revolutionary schemes,
into war with States with whom it had no legitimate
cause of quarrel? They had also been told on the
other side, that this measure wins now improper, in-
asmuch as it was originally passed as a war measure;
He allowed such to have been the case; but if Hon.
Gentlemen would take the trouble of comparing the
present Bill with the original war measure, they
would find all the severity and harshness of it omitted,
and omitted, too, because we were once more re-
turned to a state of peace. But were Hon. Gentle-
men ready to contend that die Alien Bill ought to
to be abandoned altogether ? If they were, he would
ask them on what grounds they were prepared to
state that discontent had vanished from the different
States of Europe? Did they think that because the
waters were now smooth, all the force of the tem-
pest was spent? and that because the air was at pre•
sent still, all the materials of confusion had been
banished from the elements ? If such were their
opinions, they were indulging themselves in a flat-
tering error, in which he should be almost loath to
undeceive them, so seldom did they indulge in errors
of such a nature. The Hon. Gentleman, after cau-
tioning the House against being misled by the argu-
ments of his Hon. and Learned Friend concluded by
giving his support to the continuance of the Alien Act.
Sir ROBERT WILSON said, the Secretary of
State had taken the responsibility of this measure on
himself; but it was the Noble Lord who had first
made it a measure to be used in time of peace; and
it would so descend to posterity. It was to have
been hoped, that in time of peace we should have en-
tered into the pale of European society again; but
this was a measure azislnizt of the baneful con-
nection which the Noble had foimed with fo-
reign Governments and foreign policy, at the Con-
gresses of Vienna, Aix-la-Chapelle, and Troppau. If.
the prerogative of the Crown to remove aliens, at'
pleasure were proved to exist, he could have no ob-
jection to its continuance ; but why require this addi-
tional unconstitutional power? It was clear that our
' Government had an odious connection with the police
of foreign countries. The Right Hon. Secretary knew
well that arbitrary power never worked until it had
fully established itself; and had gained confidence, and
strength. He did not accuse the Noble Lord nor the
lion. Secretary of a wish for arbitrary Power ; but
this was a power that he would not trust with his
dearest friend ; not even with himself. They all knew
the school-boy matins--
44
" 011 0-ixideii"niennnain •
itvisse whim •
He censured the treatinent of Oonaparte's servants
tinder this 'Bill. *Bit now he rested in peace; malice
vengance could pursue him no further; and
iheteforethis Bin was not necessary to guard against
*is irdldepoe. -cich.a Bill as this was at all neces-
.•
sitrY; it AMIN nut be.A partial measure, but one of
Whoidatii 'exctdsion. Notwithstanding., the ForeigO
Sdutli America had triumehed over
her optifisitirt • and; notwithstanding the Alien RA
I tali \Wad be gee. The Noble Lord Lid boasted,
tree the gilketh he hid irUt.intir kbe mouth Otis SO"'
.41en; thei savage still irreiailea over
I WeLoce4 but; sicftwfibSt:tingilt, that,,b‘mst, be moild
' telt him digt &toe *cmyt yet be nom:ions over 41
horoppressOrs.. Ai;dieendenvon4s a the No* AHord.
to impede theldirßi'bfi bad been -so unitia-•
ces.fula lie would advise him to desist from them

1- V
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2 1.:t147 • 4•••• •• • -orR v..
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•. • •••

, ,tplistiais..- .--C____, , and a suds from._
Serjettid Onskno). He was sorry thus to hear and s.
his Horinurable_ and ed. Friend opposite. Not-
withittitrahig vtditaitMdice, he had hope& to tee
that of the few men in that House who took diein-
i terested views ofconstitutional questions, the tnembets
of his profession would be among them—(Hear)-
1 The tone and gesture of his Hon. and Learned Friend
partook of a triumphant scoff. His Hon. and Learned
Friend was mistaken if he calculated much 'on the
public indifference towards thiisubject. ThiPublic
taken but little interest in the Bill for suspending
iub
Habeas Coipus Act. Indeed, he confessed thal
fa should feel some consolation if the Public did take
ask interest in the question; but he still trusted that
his Hon. and Learned Friend would give the House
an opportunity of examining the reasons upon which
he, it seemed, was about to support the motion.-
IPlerhaps, too, his Hon. and Learned Friend, would
at the same time say, whether he war or was not
proud of that part of the law of Esigland.which gave
freedom to every, man the moment he put his foot
upon its shores?—(Cheers)..—He would probably in-
form the House whether he approved of the decision
in the case of Somerset, the Negro ?—(Cheers from the
eon).:—He begged to apologise to the House.
He had been betrayed somewhat into length by the
parent invitation, the countenance and feeling of
his Hon. and Learned Friend. He challenged him,
as a Constitutional Lawyer, to prove the necessity of
this measure; but he should expect the proof to con-
sist in argument, and not in the expression of his coun-
tenance ; for if he thought that was sufficient, he made
the law dependant upon his mere will and pleasure.—
(Cheers from the Oppositions).
Mr. Serjeant ON-SLOW. said, that as he was thus
personally alluded to, the House would allow him to
make a few observations in his defence. His tone
and gesture, which bad been considered so objection.
able by his Hon. and Learned Friend, were noticed
when his Mon. and Learned Friend had just spoken,
of the little interest taken by the Public in the prestnt
question, and were intended to convey his opinion of i
the good sense of the country in feeling indifferent
towards a question upon which every argument had
already been exhausted. Indeed he believed his Hon.
and Learned Friend was the only man in the House
who had misundeistood him ; and he was willing to
believe that this had occurred in the heat of debate.
His Hon. and Learned Friend had thought fit to cate-
chise him as to his opinion on certain professional
subjects, not very relevant to the present question ;
but he (Mr. Serjeant Onslow) was happy to answer
his Hon. and Learned Friend. He had read and was
proud of that part of the law which declared the free-
dom of every man in England ; and he was most
proud, as an Englishman, of The decision in Somer-
set's case—(Cheersfrotx the Ministerial benches).—But
this had nothing whatever to do with the question
before the House. He repeated that the little inte-
rest felt by the Public upon this Bill was an argu-
ment in its favour i and whether the Crown had or
had not this right, in virtue of its prerogative, he
thought it highly desirable to legislate upon so im-
portant a subject. He did not, however, concede the
point of the prerogative to his Hon. and Learned
Friend ; but, even in the absence of the prero-
gative, he would support the Bill, in consequence,
as he conceived, of the necessity of the case—(Hear).
His Right Hon. Friend had not said that this Bill
was his alone. He had said that he called for it upon
his own responsibility; and this was language which
he admired, for it was at once manly and constitu-
tional. On former occasions it was thought proper
by Hon. Gentlemen opposite to object to the appoint-
ment of Committees preparatory to a legislative mea-
sure. Then, indeed, they called out for Ministerial
responsibility. Then thet said, si Why do Mini-
sters shift the responsibility from themselves to a
Committee? Why not propose the measure upon
their own responsibility r—( Cheers). He hoped the
House would receive his apology for addressing
them. 'He had not intended to do so, but he was
called up by the personal attack of his Hon. and,
Learned Friend—an attack which, under all the cir-
cumstances, went in his opinion to at least the full
limit of Parliamentary decorum—(Cheers front the
Miaiderlial J3eachet).
Mr. DENMAN. said, he felt the humiliation to
which the English House of CoMmons was reduced
by. the opening speech of they Right Hon. Secretary,
and be confessed that the statement of the Hon. and
Learned Sesieeat. had not 'reconciled him to that
speech. The Hon. and Learned Serjeant had not an-
veered the case of his Hon. and Learned Friend ; for
he had not shewn, or attempted to shine .the necessity
of the present ineasitrefledrkhear I tom the Ofspo•
skiin).-;-This wawa -Bill which lospended; or rather
destroyed; the English tawv-s-The'Right Hon. Gen-
tlernan.had spoken *cif be were'the only person who
was to exercise the power in question'; but, although
the Alien Office was particularly within the Home
Department, all the Secretaries's( State had the same
.aresous power, withbot 111%f ciereiponding sesppl-
sibility. It was not: **ugh TAP theitthe Hon. Secre-
tax* La. give: big opieion ,of , the:stems:ivy of this rnea-
sisre„, He sikolid have staved facts' to-satisfythe House
. .
-of the necessity of poising a measure which encou-
raged 'comet spies, and led to secret sentences. He

41314444 it
a'
oa="4 la* i
leenisi hoc At um' to Mei .... Charts
• . . 11111- The Wier gave estraerion :Seco.
tere.ef Stare toldivev $ .foe signet into the temody
of a messenger iln order to his ritelovaL The Armer
declared at se 41 enecaants obould have auk and
secure con to go opt and tome into England, to
tarry therein, and go through-an same by water or
by land, and to buy and sell, according to the old
and rightful customs.. except intime of war." {Cheers
from the Opposition). Even on the:breaking-out of a
war the foreigners were only required to find hostages.
The Right. Hon. Gentlemen bad referred ti the time
of Queen Elizabeth ; but the Stuarts' and the Tudors
had abused their power. It was not in their de.
fent*, but in that of the people of England that be
had risen on this question. He differed from his
Honourable and Learned Friend (Mr. Searlett) as
to his despairing of resisting this measure. He
hoped the English House of Commons would not
in this, the eighth year of peace, consent to the re-
enactment of this most dangerous law. He trusted
it would meet the most vigorous opposition at every
stage. The People bad .sbewn an apathy on this
i ier
subject; but the people of man countries often suf-
fered despotism to grow until felt its strength.
With respect to the langdage the Right Hon.'Se-
cretary, in allusion to those who had taken a part in
the hate Revolutions, it was' painful to hear them
called conspirators—(Her, hoarfrost the Opposition).
What! were they conspiraton who planned the Spa-
nish Constitution? Was that of Portugal a conspi-
racy ?.--4 atorrs).—Wore the exertions of the heroes
of Spanish America to be Caned a conspiracy ?
Would to GQD he could name Naples as being ano-
ther in the list of such conspiracies. But the Right
Hon. Secretary had said, that on the coming of those
Gentlemen to this country their crime had been
buried in oblivion. Their crime was the having
fought for the liberty of their country—(Cheers).—
And then the Right Hon. Secretary took credit to
himself for having, as it were, passed an act of am-
nesty in their favour—in fact, he bad pardoned them
—(Cheers).--He had pardoned these glorious mar-
tyrs, who had endiavoured to establish a Constitu-
tion upon a kingly basis —(Loed and continualcheer-
ingfrom Me Opposition).—He trusted the House would
never consent to pass this most odious measure.

The Marquis of LONDONDERRY said, be had
come down to the House fully prepared to meet the
shock of argument with which they had been threat-
ened, and especially as they were under the terror of
a penalty to be inflicted upon them by the Hon.
Member for Westminster (Mr. Hobhouse), who had
threatened to move perpetual adjournments if Mi-
nisters did not answer the arguments which were to
be urged against the measure. Undoubtedly when
Hon. Gentlemen condescended to offer argument
they would be met by it —(Cheersfrom the Opposition)..
—An Hon. and Learned Gentleman had appeared to
look with alarm at the beginning of the political life
of his Right Hon. Friend. He (the Marquis) there-
fore concluded that he might congratulate the House
upon the prospect of the long continuance of that
life in the service of the country, and in the ad-
vancement of those principles which were calculated
to exalt the liberties of the country—(Cheers from the
Opposition).—By liberty he did not mean that unuap
tural liberty which consisted in licentiousness, and
which delighted only in revolution, bloodshed, ra-
pine, and conspiracy. England would not deserve
to have true liberty if it Suffmd its soil to be made
the nuisance of Europe. If. he might examine the
countenances of Hon. Members opposite, and surely
he might after what had taken place that night with
respect to his Hon. and Learoed Friendbehind him, be
should say that the countenance of the Hon. Member
for Southwark (Sir R. Wilson) appeared to beam
with delight at the bare thought of that glorious con-
fusion which went to the subversion of established
Governments--(Cheersfroon the Ministerial Benches).
--He (the Marquis) disclaimed the idea of
in-
hospitality to foreigners. He would treat Ahem
as he would treat the petitions of thy people—
(Cheers and a laugh /roes the .Opposition)._
When, in the first case, hospitality was abused and
petition was made a mere vehicle for conveying ex-
pressions of contempt towards the House, he would
have the persOns who committed the one and offered
the other, met with every firmness, and treated as
they deserved. They livecl-li amidst the ruins of em-
pires ;" and he could not consent to alter our policy
until he saw them put oq a very different character
than that which he yet saw belong to them. The
Noble Marquis contended that foreign Governments
had a right to expect the Government of this colo-
ny should be prepared to frustrate the attempts which
the designing and.disaffected of their subjects might
engender in this country. It Was in this spirit which
Government asked for this Bill; if tho liintue.conld
believe them asking for. it in another.spirit, he called
on them to oppose it. He had now, hetrusted, dis-
eharged his drity for the present evening._ It was
painful for Iffm,
.atiit those .who acted.with himk au
yepeat these argusnuents-an often, Is it rather thaninh-
,ject themselves to the charge of flying.from the field,
they
b! prepare to give Hop, 4s.poeinietipp.
polite speech' foe speech=-(A ldu )—and if the re-
sult of the contest should in future resemble that of

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he Aliartiral nitramary.— them of their bittbeiglats—of privileges which Therl.7lllllßshisulla ' • ' If had •!,
wilippoja *Ft gift siiebibitt asedilete.
had only beet four cagesia :sere entitled to ego* with erhioh:oll4lolofilifitriNkngine‘loe,
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i not make an impriper found, 011.incluill, that'doialmint ifteeti eilaim4B
zpoilik
.
at his subordinate agents Ilitietastots agaiqst *Neils at diferstat times., Id WA?. ... Whit ioarodesameoogagaloitut hattianta_34%.. ex fewernme
move this objection, by well known that an alio:A*4ld pot kopir:aa.astOktb.la toPrkinktgiietitelparpoeeLei to ikoliee4rWs *' G • . . pia iteressik=egisi
subordinate agent should this cOuntry ;orif he did, it heoppetnpnedlotelf, colint9E, kaliiposusiritbaluro., -6bOidiel.:-.- ' - it.: hivielsopieuettity, dui
doing. It might be said fertifted to the Croft.— For a tong time after the Ile, f"Maiitlau,dssaise. btrbipravetative. 'the ,R„,,,„ ~,,,,kG„,,,this.. ladebasi,
ht render it oppressive by Conquest, an *lien tobld not rent a hotiieintogland; the w,rl/04.1krA.4.4. alls.:?,;Ai early as the MO: :loth:sigh a oecostm¢s4he *ow He
.tn that as far as possible, and now he could-116c 'except. he was a merchant, cg
.7. . igaswitad by parliament to • cohouigi:
goo .4gashika heath the
i
.., .
h threats might be entirely Sind rented it 'for the porpote •of hit. dintsieis : bar Ori. JO' Parer ;, . Ova heihosight Willik fpar mathatde Arms . *bib eight stsidtafTelea.
considered the whole ques- could an alien mercbantkold a leatie 'even Of the- argument
~..u0 51tut. r9t,ol3.o.eilerotire, .It *0; suffiii liievie IRA fiswoolko.Tizfrimisa_. tram_
pro Posed. He had consi- hoes or shop it which &Sliminess was. carried on ;, pared,' Ittrycyer, text _the speech lor OA Right .Hot... skritfilll,l4lts: Wish Woes toscantitebentisa.
ch they were to guard ; the so jealous wets etlit inctstOr's -of giOng to fk;retirneis aelltitfluin apiolinted to this--" Give me the power, Avitip mgat4 Au jaisicsocx , be
medy he wished to apply; any permanent estibtishasent.ln this: annoy. Ac-. and I *llliiia it well'r but this was too general.itoo et;tdd not forbear *slim fat eimuirsishumniihe
made against the measure. cording to the argomenti of those'who opposed' this suspiciont. and too forefront a promise to bit relied House nick,mmocke-bal flearAdmitsbilmarspoken
Nished to introduce it upon measure, aliens would have lunch more extensive upon in a.cMilf so ranch importance. The, koillic;, of hi language alumetret.s4ditale.4(hosanssa Me
I with the consideration of privileges than were accorded to British subjects ; he we: Miry to observe, teak but little interest in 4r (ipposigies),l. u&r4t otaa.appoared ef the lair ;fend
se which were exclusively for if a British subject chose to leave tbecountryt the - pras.entAtiest_ion-'-(lfear, hear, and a *Falk skoma,Mr.• .......1.11--.. .. -- -- -
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