Star.
London, England, 1824-03-24 00:00:00

NEWFOUNDLAND FISHERY.

Mr. WILMOT-HORTON rose for the purpose of moving for
leave to bring in a 13111, which circumstances rendered imme-
diately necessary for'tlir interests of our Colony iii Newfound-
land, although a more general Bill was expected to be introduced
this Session for the regulation of the whole of the interests and ma-
nagements of that Colony. His motion only referred to permission
to bring in a Bill to regulate the Fisheries of Newfamdland. The
Bill he had in view was merely a selection of clauses from the 13111
which bail been abandoned last year, owi;;;; to the lateness of the
season at which it was contested. That 134 of last Session had re-
ference to divers subjects—namely, revisions of sentenc,:s in Courts
of Justice, the Laws respecting Insolvency, those relative to Mae:
riage, and thine respecting the Municipal Laws of St. John'a Not
one of these heads of legislature were included in the ;resent Bill;
which only referred to the protection and regulation nt_ the tibltery
of Newfoundland. His object at present was not to press the Bill
further than to have it. printed, when, being placed in the handsnf
Members, it might be examined before they went any further with'
it. This he confessed was very limited in its operation.—'The larger
Bill, of which it was in fact an extract, would, when introdiscrd, be
found to contain more extensive en.letmentsapplicable to theinulli-
,cipal regulations and localinterests of the Colony. Having moved
for leave to bring in the 13111,
Mr. BRIGHT hoped that die parts of the Bin Which were
different front the Bill of last year would, in the printed copies, be.
printed in italics.
Mr. WILMOT-HORTON said he should -most Willingly adopt
the idea. Indeed he had intended to do so for. rize convenience of
Members.—Leave was given to bring in the Bill:
ALIEN niu,.
Mr. Secretary PEEL said, he rose for the purpose of
discharging a duty Which deVolved npr..n." him-as a Mi-
nister of the Crown, to propose to the House to continue
in force those powers with which the Government was
vested respecting aliens resident in tfiis Country:
bringing forward this subject he felt under some degree
of embarrassment, for reasons that mightsuggest them-
selvei to every person tri,that Molise. The subject had,
'been Of late years, so fepeatedly discussed that every
argument connected with it Must he farniliar, to' the
great majority of those to whom he now addressed him-
self. For that reason he was reluctant to weary the
House by a repetition of those arguMents. 1-le was,
however. still .more reluCtant to pail th.em by without
notice, and thus by silence .to appear at if he looped
upon the subject as one of little importance. He should.
then efore prefer the embarrassment arising. trOin the
adoption of ' the former.- alternative, end state thOse'
grounds on which be prooteit •the Continuance of the
8i11.,, IE a wbuld, in the first:plaii, remind the Honied
the provisions of the till I,a.ssed ip 18It*Nich thin:tined
important:modifications:of the measure that was in force
during she war. By the pi es'ent Bill it *hi required of the
alien, ()tip's. a nitlin4, to giveinto the Qffice of the Cristesynt
of that port at winch he diseinbaiked ;if) account of lids
name, profession, and the country from whence became.
By neglecting to c'et-iform to this regulation, the•alien
rendered himself liable to a penalty.
.On this part of
the subject there was little difference of OPinivii. No
one would, he belier;ed„ contend that so far the provi-
sions of the Bill were unreasonable "and not-proper to be
enforced. The other provision's 'of the were More
Material, and were those Which had been frequently the
subject of debate. By the further provisions of the Bill
the Crown was author-Fred to direct that any alien
should leave the country. The alien by refusing Com-
pliance with such order rendered himself liable to a
penalty, not exceeding, in the fir st instance,' one tenth's
imprisonment. In case of refusing a second time, he
was subject to imprisonment for a tertn, nor exceeding
twelve months. If the Secretary of State for the Home
DepartMent saw reasons for concluding that the alien
would not obeY the
.order. So. issued by the Cro'wo, he
was empowered to giye•hirn in charge to. .itteise*t;
for the purpose of having him conveyed nut the
country. There was, however, a check th the bieftise
of such authinity on the part of the Secretary.of §itte.
The alien might say that he pad good reasons for riot
obeying such order, and he had.a -eightto state iris rea-
ions &fore the Fifty Council. 'lt belonged to the. Privy
Council, according to tligerew they took of the *Meet,'
either to confirm the order, to ‘et it aside altogether, or,
to suspend it for a certain time. tie had now given
to thelibusen-tolerably torrent though a summary view;
of the provisioiii of the till. 'He 'should proceed to
notice the objections uiged oar fernier occasions against
the existence of such powers,•and.to state to the House
how tartheygiipegred to biro. to posiesS any real weight.
The first objection to the meastrie„ and that most dwelt
upon by Gentlemen who indulged in tied/amnion upon
the subject, was, that it formed a complete departure
from the ancient practice of the country, that of af-
fording an asylum to all, whatever might be their
country or ieligiOn; and .ogiving to alien, a generous
and hospitable reception:
.No man would be more-re.
luctant than himself to detract from that character fot
h9sßitality which formerly marked the tneduct of this
country in its treatment of Strangers. No doubt it was
a proud trait in their character that aliens found in this
'country a refuge trom perseeutistn, an asylum in which.
they might seek that safety which their own country re..
fused, and where they were treated izith every degree
of liberality consistent with the secdrity of British sub-
jects. He contended, however, that the policy now
generally pursued with respect to aliens, far exceeded,
in point of generosity, anything of which they had es.,
ample in the history of former times, and that they were.
now as distinguished as at any former period for afford..
ing a generous asylum to the persecuted of all nations,:
whatever might be their religion or their, political creed.
There could be no greater. mistake than to suppose that
it was the former policy of England to admit aliens indis:
criminately without controul of any kind. From the wet
in which this argument of ktwient seilerosity was. uvged,
in the warmth of declamation, orie would think that,
in the contemplation of their ancestors, the interests Of
the alien were paramount, without any reference to the

.

- .

~l.the tbject, or national elansiderinOn'Ot any
•
kin• At tria ist riod of their history did the *now
tltiftltdis4timinate and ancontrouled admitaitm of the
Ain:. The restrictions on that head were as severe as
,aatracted-upon in later times. reliance had been
placed on a provision in Magna Chula, which was ren-
dered stronger by the.commentary of Lord Coke, who
interpreted, it was paidoriaipubliceproltibitifuerint, as
applying to a prohibition by law. The passage, how-
ever, ibliitrned otherwise than as having
teference to Mercheift -itringets. Let them see what
conclusions history warranted them in coming to. on
the subject. He would first take the. period of Henry
IV. They would find that in his reign the King; of his
own authority, directed an order to the Keeper of the
Port of Dover, stating the inconvenience of admit-
ting so many foreigners into the country, and giving
Strict commands, that when any alien arrived he should
not be allowed to pass from Dover until such time as
the King's permission to that effect had arrived —(The
Might Honourable Gentleman read the order in Latin.)
At the same time an order was directed to the Governor
of the port of Calais, on the•opposite coast, not to per-
mit persons indiscriminately to put off from that place.
for England. The word used was escapari, an expres-
sion, he would admit, not of the most classical kind. In
these orders, however, there was an important exception
with regard to ntercatores notorii, and -it was directed
that they should be permitted to pass. This was a clear
proof that the privilege which belonged to merchant
strangers was not communicated indiscriminately to all
aliens, and that the Crown, at the period mentioned,
reserved to itself the right of granting or refusing per-
mission to toieigners to remain in the country. The,
reign of Elizabeth was always resorted to as a favourite
subject of eloquent declamation for the liberality then
evinced in the treatment of aliens. Now the fact was,
that, thrcseghout the whole history, the councils of no
monarch sheaved a more cautious policy upon this sub-
ject—none in which the admission of aliens was made
more subordinate tti the interests not alone of the coun-
try., botof the Court. The. treatment of foreign Pro-
testants---of the Flemish in particular—was liberal, but
it did i;ot Wend to all aliens. There were peculiar rea-
sons why Protestant foreigners shouli be kindly re-
.ceived, and well treated; but this did not extend to C -
theilics, and very wisely, as he thought, under the pecu-
liar circumstances of the time. He would select from
her ietn a reriod of peace, the year 1573.. In that year
there Uwe letters on record to the Lord Mayor, diiect-
ing, that as alien had settled together in particular
.parts, and in great numbers, he would take measures
for separating them, and that as many of them as did
not profess the Protestant faith should be sent out of
the . country. In this reign even Protestant refugees
were never considered on the same footing as free-born
'subjects. They would find that, in letters from the Lords
of the Council, 1,500 aliens were ordered to depart the
realin, as-not being known to belong to any religion.—
There were proofs• also, that in this reign aliens were
confined to certain towns.. They would find a letter
-from Lord Cobham, then Warden of the Cinque Putts,
.stating that lamination had inched him Of there being
more aliens in gaud wick than were permitted in any
•place so near the past,and directing that if such were
the case, they sheuhi be sent to places mote *emote from
the sea. In 157+, permission was refused to Certain
aliens to leave Lynn for the purpo e of' going to reside
in Norwich, and it was 41. • di that if they were not
disposed to continue to reside at Lynn,' they might.de-
aaart the realm. This was another proof that aliens never
,stood oti the same footing as mon ral-barn subjects. la the
irellot of fables I. he found the same line of conduct par-
;sued. Constant complaint was then made of the abuse of
414 pa utiisSion to aliens to settle in the country, and of the
:irtjk ry thence arising to the subjects of his Majesty. At
tthis keriod aliens weie.not alloived to get a livelihood as
,handicraftiMen, or to sell by Mail. King James re-1
quired that all-aliens cowing into this. country should
'be enrolled, as if in his service, and ordered that mea-
:sures should be taken to prevent such great numbers of
masterless men froin being drivin hither.-,-- He would
challeoge these who oppOsed the Bill to shew anything
like this in modern times. Another Objection was, that
the provisions of the Alien Att were such as might be
,rendered subservient to the purposes of abuse. It was
impossible to deny, that such an objection lay against it,
but Was there not some teetuity provided against abuse?
'The Op being directed to leave the country, might
appeal to the Ptivt Council, and *ate any reasons he
had to advance why thecirder should not be carried
into effect. 'But was there not more effectual security
iii the account which a Secretary of State was liable to
be tidied tipinito
:give, whenever he had recourse to
the powers with which he was intrusted by this mea-
sure?* If he tell satisfied that in any one instance he
had 'employed his power for the gratification
.0f...a
private feeling,
.or lent .it to gratify the revenge of
(idlers, could he have the hardihood to come for-
Wird and propose to the House to vest him again
With an author ity he had so perverted? Let them look
at the past, and see whether any abuse had taken place.
He did not mean to contend that the absence of abuse
was a sufficient reason why the law should be continued,
but at least it was
.a sufficient ground for saying that
abuse was not likely to occur. What was the number
of' aliens sent out of the 'country for the last ten years?
SinCe the'peace, they amounted altogether to no more
thin Seventeen. Of these, eleven or twelve were persons
immediately connected with Bonaparte, whose banish:
inent therefore rested upon peculiar grounds. The
number then, in the space of ten years, was only five or
six. Was this not a clear proof that the powers•con-
ferred by. the Act were not largely exercised? In 1822,
not one alien had been-sent out of the country ; in 1823,
only one, and that under circumstances of a very pecu-
liar kind. The individual, Count Bettera, had threat-
ened the life of Prince Esterhazy, and indeed his con-
duct was such, that even lot his own interest it was
mttch better that he should not be allowed to remain any
longer iu England. Another argument against the
Alien Act was, that it was only made subservient to the
-poliey'a foreign-Courts. The best answer to this was
the fact. He could not take upon himself to say that
in future it might not be abused to such purposes, but
as regarded the past he was quite confident that it had
not. In ten years, there was no one instance of its
having been made subservient to any views of foreign
policy, or of having been put in force at the suggestion
of aiiy foreign power. It was objected, that foreign
powers might be offended, and thereby a ground of
quarrel established, unless the Act was put in force
when they desired it.. No such case however occurred,
no such demand was made, or if made, was certainly
not complied with,. But it was said that the Act dis-
couraged aliens fromconiing to this country, that no
alien would wish to reside where he found that he must
live only by sufferance, and where his stay must depend.
upon caprice., When aliens knew that iu the course of

ten years no more than five or six had been sent away
under the provisions of the Act, that in the two last
years only one case occurred, and that a case in which
a threat of assassination had been held out, they could
not live under very great apprehensions. On this put
of the question, the apprehension entertained by aliens,
and its effect in, keeping them out of the country, let
them again refer to factv, and see what was the imolFiF
of foreigners here at different periods. A stranger
might be led to suppose that there was a coestaut dimi-
nution, but they wouad find that the very coTicrirPWai
the fad. In 1818, the number calculated. iii ,the
bates, he had not certain data to go tiptin, bra's 20,00 e,
What was the increase since then ?—tk MindERR from
the opposite side of the 'louse said the circumstances dif-
tered3.—The circumstances were different. He admitted
that, and he was glad the Han. Gentleman reminded
him of it, but not ie a single instance, whatever might
be the country of the Mien, or whitener the nature of
the troubles in which
,ithad been involved, was any in.
dividual refused admission beic. Whatever pact he
might have takea, ne.initairy was made into theca e f
any traveller. The portals of the country were thrown
open to all—(Hear, hear).—Admission. was refused to
none—(Hear, hear). 1E1,1821 the number of aliens in
the country was 21C0()%7-in 1822, 24,500—in 1823,
25,000—in 1824; after all that had been said in that
House against the me4kine, after all the deliberations
on its injurious ettects it 'eventing the arrival of aliens,
the number increatied to 1,800, 1,500 of Whom hid
arrived within thelast year. Walaiot this a proof that
Aims did not live here under the *plata:lien:ion of eon..
tinual vexation, and arbitrary exertion of authority;and
that the Alien Bill did I.tchtoperate:as.nexclusienitit the
foreigner from the hospitable. shmes of this Country?
Another objection whieh had bernurgedagainit the law
was, its supposed liability. to be used by the subordhiait
officers of Governinent as a means of persecuting foreikti:.
ers by threats and menaces of potting it infiirceitgaiest
them. He was not aware of any attempt havina, been
made upon any occasion to uselt in that manner, and atiir
complaint that might have been made upon the subject
would not have been allowed to pass without a full and
minute inquiry into the-circumstances of the
But he.knew the exercise of the power conveyed by tFt~
Act, had never been entrusted to any subordinate officer
or agent, but had been reserved exclusively to -thy
hands in airier) it was intended to he placed. Another
argument as hich had been allegedegaiast tbeAcyres
ithat all aliens were placed by it On the same liotiag
and while some, it was admitted, those for insenice who
had but lately arrived in this country, might very pro•
perly be subjected to such a power es it conveyed, to
others it was contended that it could nen, with justice be
applied—to those for instance who bad been :any; set-
iled- in this country, hat--lived in quiet iubjection to he
laws, and had los mad establishments whiCli it a mold be
a great hardship to make them liable to beeatit tip and We
move, without establishing against them some Miinifisit
violation af the laws of the country. He cotess, he
could not but feel that there was considertible toice
this argument; mod therefore he should propi,ise to draw
a line of distinction, by excepting from the ;tperation et
this Act all those alien why. sr). uhl be enables i to prove
it settled residence in this country of mole Oen seven
,years--(Flear,hear)—such lealgtheneii residence proving
to a 'peat extent. that ;hey are not living herr for any
objectionable purpose, such as could be viewed as re-
qiiiring the aid of the powers of this-Act to prevent.
This would have the-effect of eititidirig at once from
the operation of the Act above ten thousand .of the
!aliens at present 'living in the country—(Hear.
It was very difficult to state preciseli what iietaiee of
danger, or td describe particularly what was the :untie
pf that' danger, to be apprehended from leaving so large
number of aliens as were the country altoge-
ther free fromthe contralti v hicli the knoll le.tge of the
existence of the powers Of this Act gave to the Freese.
tive Government over their conduct. But he a ould
say that he firmly believed,: that if the pcwer were no
lodger allowed, • trotter the peculiar circumstances
which had ()maimed the removal of many if those
aliens from their own country to seek an asylum here.
in less than three months' time it would be found that
their conduct would be such as to call for even a stronger
power to put an end to the mischief which they might
'engender than even the present Act pi/6 td prevent it.
It should be remembered that there were 26,300 aliens
now living in this country, of whom upwardeof 18,000
were resident in the metropolis and its vicinity, and that
of that number 1;300 had arrived here- within the last
year, under circumstances which rendered theta. in a
particular nianner. objects of the attendee of Govern-
ment. It war -not necessary for his argument, in peak
ing of those persons, that he should use any expreapoit:
that might give. offence to the most ardent loiter of-
betty, but he must say that the' probability wasalttse
they were men of exceedingly fervent spitits,',•with exa._
cited passions and high feelings, smarting melee a sense,
of supposed wrongs, which had 'driven them-born their
Own countries to seek an asylum here—Wenr, Itartf--;
and he was glad that this country was able to aftlard
.them an asylum. But was there anything unreassonablo
in saying to men so circumstanced, " if we give you aa-
atylum where you may find peace and repose, we am.
rift that.you will let us keep our peace and repote glsere
If this country, in her insular position, was attleactefteci
ter those who fled from the ciosequences of!having
failed in their attempts to Wiest their own Inchviainal
wrongs against the Government of their own country,
was it unreasonable to expect in return for the safety
this country afforded them, that they should cease from
those attempts while they remained here, and should
abstain from any machinations against the Government
Of a country with which we were at peace? Suppose
such persons, disappointed in their hopes of redressing
their grievances by a change in the Governmentof thaw
own country, should conceive that the troubledstate of
that Gorey nment and their residence here afforded a fa-
Vourable opportunity for exciting disturbances in its de-
pendencies, was it fit that they should be allowed to
Make this country the seat of their intrigues and pro-
jects for the dismemberment of the dominions of a Go-
vernment with which we were maintaining relations of
amity ? This had, in fact, already been the case: per.
eons in the situation which he had described had been
found making arrangements in this country for that
species of operation upon the dependencies of a State
with which we were on friendly terms. And how was
the Government of this country to checkthese proceed-
ings? The course taken was to remind them of Inc
existence of this Act, and to admonish them to abstain
from any hostile preparations against other States, such
as they were then engaged in, a continuance of which
must, in all probability, subject them fothe exercise of
Its powers. No severity appeared in this, no grievance
that could justly be complained of. He shouldipropose
to tale a 13th fur continuing the pdeversolthe• Act Err
the same term as tl!e Idst;',/ii. two' yeAtiviticPieoFosta

• a

he had shewn inftctent reason far the Continuance of
those powers,. and had succeeded in removing any ap-
preheo%ions that might have. been felt of their liability,
of abscise in tittle hands to whith they had been hereto-
fare entrusted and to which their exercise was prbposed
Otto be coufidcd.
• Mr. HOBHOUSE said, that on a former occasion be,
agessepreseed ahis regret that the Right Hon. Gentle-1
se load be' en bY advocating a measure so
aoush at virtancewithathe opinions of those who were
considered the best guardians of the constitutional la
Meats of fhls country. He understood last year,theugh
tot froni the Right Hoo. Gentleman, that 'xi more
*mild be heard of this odious Bill. So far from being
of Any iese, it has' calunmiated the. character of the
country by conneeting it with that of the Government.
Ile was dateemined to do all inc his power to present the
Failing of the and to justify him in this determi-
, tuition, he had the trample of a Right Hon. Gentleman
opposite. He had no wish to compare past eirtnes with,
present failings, and he therefore did not refer to the
formeesentiments of that Right Hon. Gentlemah, ex-
cept on account of their authority. The Right Hon
Gentleman had,iii the year 1816, as he (Mr. Hobhouse)
triderstood, recommended that the Bill should be op-
pined by physital force." He (Mr. Hobbouse), of course,
did not refer to this advice for the purpose of .recom-
inending any violence to the Right Hon. Secretary,
Nho, he hoped, would live and repent !—(A laugh),
either did he understand tharthe Right Hon. Gentle,
man meant "physical force,"iiterally understood; but
that korai of Parliamentary resistance which was often
fiery effective: He was not in the House when the Right
Hon. Gentleman uttered these words; but he under-
good. they etre really uttered by him—(Hear, from
Mr. Wynn). He understood the flight Hon. Gentleman
now to deny that he had uttered those words. Certain
it was he had riot acted Open them ; but that was not
new, as it was only a variance between profession and
racticeaa(A laugh). The Right Hon. Secretary had
informed theta of the provisions of the Bill; but this
was unaecestaay, for they were known too well. It was
hot the provisions of 'the Bill, but 'the Bill itself tsb
which the opponents of it objected. It was a base sub-
SerViency to those who had shewn themselves unworthy
of the success they had enjoyed, and who wanted to
make us accomplices in their villainy. He denied tit!
Soundness of the construction of Magna Charta. it watt'
said to refer only to Merchant strangers ; but there were
at that time no aliens but merchant strangers. There
were no Gentlemen making tours—(A tangh). The
cases referred to lb the reign of 'Henry the Fourth were
of no weight, as they occurred in the reign of an,
'u'surper, who was afraid of foreign interference in fa-
ynur of the cause of Richard the Second. Those of
Elizabeth's time were of as butt consequence, as she
disliked the influx of the Scotch on geteunt of James of
Scotland, afterwards her successor. Even James the
Second, tyrant as lie was, did not expel the Protestants
who s. tight refuge here in consequence of the revoca-
tion of the Edict of Nantes. Argument of this kind
tray however unnecessary, for when this Bill was intro.
docta in the year 1792, it was admitted to be 'a perfectly
novel proceeding. The small number of the persons on
%%horn the Bill had been enforced, shelved, in his opi-
mime that it was not necessary. The Right Hun. Gen-
tleman had said that these powers were not delegated
to any subordinate officer, but the same might here
beers said of General Warrants, which were issued only
by tine higher posse's, and yet they were grossl abused.
The Right Hon. Gentleman had argued that this power
would not be abused on acsoant of the.responsibility of
Ministers. But he was quite surprized to hear the Right
Hon. Gentleman talk of reasonsibility, constituted as
Parliament was. As for the hospitality of thiseciuntrs,
through the Government, he had only to refer to the
fact that refuge which had been refused to the Spanish
Constitutionalists by one of our Colonies, had been af-
forded them by the Emperor of Morocco. He thought
little of the concession or the Right Hon. Gentleman
with regard to those who bad resided here a certain
time, because he objected to the Bill altogether; though
it was worthy of remark, that a similar clause, proposed
on the last occasion by his Hon. and Learned Friend
the Member for .Knaresborough, had been rejected.—
The excuse for the Bill in 1802 wits, that Bonaparte
was not fully established in power ; in... 181.4., it was that
the Bourbons were not settled on the throne of France.;
in 1816, they were told by the Right Hon. 'President of
the Board of Controul, that the revolutionary devil was
not yet laid ; and in 1818, a different excuse frotn all
the others was found. In 1820, the hue .Marquis of
Londonderry told them the Bill was necessary to guard
against the enemies of our own country. But the Weft.
Mon. Gentleman (Mr. Secretary Peel) made none of
these reasons the grounds for their agreeing.to this Bill.'
Hg, told them arat without it foreigners might pint in,
this country against their own Governments abroadae-
Maatwas his (Mr. Hobhouse's) reasou for objecting to,
for he thought that this country had been too
icog:the accomplice of the holy Alliance. A friend of
his. was dtscarded from the Milan States because he
desired an Offices in the Theatre 'to take off his hat.—
'virlien he remonstrated upon this act of oppression he
Wasaold that the same thing was done under the Alien
Bill of this country. Something of the same kind had
happened to a Gentleman travelling with a passport.
from Mr. Secretary Canning in his pocket. He was.
stopped at Rome, and told that his was one of the
names which was not allowed to pass through any State
in which the Austrian troops were or had been. He was
in short suspected of liberal principles, and he adduced
this as a proof that there was an attempt to establish one
system of police throughout Europe, of which it was
endeavoured to make the Right Honourable Gentleman
opposite one cf the police runners—(Hear, hear, hear.)
—Re gave the Right Honourable Secretary for Foreign
Affairs credit for thinking that the power now to be
dreaded in Europe was not tire power of liberty, but
the monarchical power—he believed, he thought, that
England had gorse too far. If, indeed, England were
to go on in this Way, it would not be her Allies but her-
self that %atria suffer ; for no State ever began by com-
promising its honour without ending by sacrificing its
interests. The opportunity was now arrived for ab-
stracting our neck from the yoke, and why .should it be
neglected? %Vhilst the language of liberty was yet
sulsen in that !loose, where he hoped it would -often
se heard from more powerful lips thanlis own, could,
the Right Honourable Gentleman be afraid that the
.Allies vet old upbraid him fur giving up the Alien Bill ?
lad he think they eoula dare to remonstrate.? This
Brent Government ought, as had been said of Cassar's
ails, to be above suspicion. But this 'Bill tainted both
!in. domestic and foreign policy—the first as being
"tile to those ancient principles of the Constitution
aant no man should be subject to the arbitrary will of
Minister assuming responsibility, and the second
,t'setting the policy of 'the Allies,' that dice should

no rtsttbjt-Pkacie Tor the- !All ort fit nteriess(fillek)
The Right Honourable filentleenan nslrdel skald they'
allow -foreigners ttiplot' in this Canary, rallt
own Government? He answered to this, eel To be,
alarmed at plots against the Tyrants of Europe, was
to be afraid of the sheep *Nen therOught to dread the
wolf. All that he' (Mr. Hobfionse) . was afraid of was
the plots in favour of the-Sovereign Tyrants of Europe.
In asking the termination of this Bill he asked nothing
new—he only aeltedlor a return to ,the old world in
which our ancestors lived, when liberty_ and the hatred
of teiartS &wished in this ctutetay: He _should move
a Resolution, which, according to an example lately set
by a Right Honourable Gentleman opposite, was taking
the bull by the horns. He meant by it-to put on record
his opinion. The Honourable- Gentleman moved an
amendment es follows:-
I"Thu it is the opinion of this 'House, that the Allen Bill is a dis-
grace to the Statute Book, and that to renew it for any period what-
ever, however limited, would be injurious to the character of Eng-
'Amen itbritad, and destructiSe of the principles of their Constitu-
tion at home. Moreover that it is a badge of servility, connecting
the Government of this country with an association impiously mis-
called the Holy Alliance; •and that hating always looked with horror
and alarm at anything appearing to threaten the liberties of the world,
they can never sanction a measure in which they would appear to
make common cause with the abettors'of tyrannyi and the persccu-
tori of liberty."
Mr. WYNN, in supporting the present Bill, was prin-
cipally induced to do so from the circumstance of many
of its enactments having been mitigated from that shape
which -it assumed whet the Bill was originally
duced. Several of its severer enactments were now-
conceded, which gave it altogether a different corn.
plexion and character. During the whole war he had
agreed in the propriety of enforcing this Bill, for the
manifest reasons of its contimiance, in which this House
and the country at that time concurred. From the
Restoration to the year 1793 this Bill had not been
called into action. In 1793. it was enacted, and whilst
the demon of the French Revolution carried on hosti-
lity against the peace and tranquillity of every nation
in Europe, it was necessary that its enactment should
not cease; not that there was anything very formi-
dable in the numbers of foreigners; but aided and sups
ported by French influence and French -money, the
power thereby afforded them of creating discontent was
to be.appiehended. To prevent, tberttfore, the political
maceitrations of Francs, this Sill was introduced and
Continued during the war. The Ronoerable Gentle-
man slid him the honour to- allude to his conduct in
1816, when 'this Bill was under discussion in a Com-
mittee. The Honourable Gentleman had said, that he
(Mr. Wynn) then declared his intention-of opposing it
by physical force and bodily-resistance. Now the fact
really was, that hiS opposition then ;mite to a particular
clause, which was now conceded; and when this clause
was retained in 1816, and when the aiscussion of it was.
protracted until three o'clock in the morning, he (Mr.
Wynn) said that he would resist that clause by all the
means and forrns of the House that he could resort. to.
This was the language he then osed ; he appealed lo
his Honourable Friend (Sit J. Mackintosh); hut the
language imputed to him by- the Honourable Gentle.
man- "as such as he had never expressed in regard to
any Bill that had ever been introduced into the Hpuse
—(Hear, hear). It had been contended, that, aim ex-
tended no greater hospitality to other countries than
the-Emperor of Morocco; and the Honourable Gentle-
man had adroitly elip.oedfinto his argument; that orders
to the effect of refusing admittance to foreigners had
been sent out to our colonies. The word colony was
adroitly slipped into the argument; now it meant the
fortress of Gibraltar, where the order; sent out were,
that every mark of hospitality should be evinced, but
that the stay of foreigners should not he continued
longer than was consistent and required by the duties
of hospitality. He supported the Bill now for the same
reason that he supported the F reign Enlistment Bill;
for bethought that this country should neither be suffered
to be the scene for harbouting designs against Govern-
ments with which we stood on amicable terms, neither
should the subjects of this country be permitted to en-
gage in acts of hostility. against friendly nations. The
clause by which persons wlio were domiciled here, and
had established themselves in England, were affected by
this was now removed. lliisan a great measure
reconciled him to it, .and the feW instances in which it
was called into operation also weighed with him in 'the
support which he now gave it.
Sir J. MACKINTOSH always had denied the exist.
ence of prerogative to render this Bill superflueus,—a
principle which the Right Honourable Secretary for the
Home Department now contended for. In 1816, the
pretext for an Alien Bill was very different from any
that could •be offered ; for that was the first year of a
peace, after a revolutionary war which had cony ulsidahe
whole world, whereas this was the ninth year of4NtaCe.
The Right Honourable Gentleman, however, had intro-
duced his proposition in a very dexterous speech. He had
never heard more liberality of sentimetit in any speech
'than he had heard horn the Right Honourable Gentle-.
inan upon this occasion.. It M its indeed tedious for him:
and his 'friends to maintain a ten years opposition to this,
measure, but he should be consoled ter all his public 11!
hours, by having at length succeeded in withdraWing
10,000 men, out of 26,000,0nt of the reach of ahsaluteaU-,
thority. If this measure ;sere good at the laesent period,
the Right kion.Gentleman ought to have shewn its use;.
if bad, he ought to have 'shewn the hard necessey for
its enactment. For four hundred years there had been,
but five Acts of power over aliens. Bet did the Right
Hon. Gentleman know how many precedents there were
for General Warrants? They commenced ahem the end
of the reign of Charles the Second, and continued in
use indeed to the tune of Lord Camden, who, to his
immortal honour as a Peer of Parliament, condemned
what he had unwittingly made use of as a Secretary of
State. Lord Chatham had also used them, and also,ern-
donned then: in the same manner; but they were never
noticed in Courts of Law. For shio•mones there was
an abundance of precedents and analogies. The Judges
of that day took upon themselves to decide that ques-
tion upon those slender grounds which afterwards
brought the very Government whom the) wished to
serve to the abyss of ruin. He had the opinion which was
taken in the year 1792 upon the question as to %1 Nether
the King had any prerogative to send away friendly
aliens? This opinion was from one of the soundest
lawyers, and the most impartial man on this question
that could be named—lie meant Serjeaut Hill. lie
was no incendiary—no theorist...lsot even a Whig.—
His opinion was " that there is no gene: al, poseet in the
Crown to exclude or expel alien friends; for all prero-
gative is founded on Common Law, and all Common.
LW is founded on usage; and so far trom usage sif-
forditig any, precedent tot such a thing, it has , roamed
many to the contrary--=as, in cap. 5. Merry V. is a Sta-
tute to enable the King to banish from his kingdom all
The subjects of a foreign neighbouring sovereignty."
This was not when that King was desti:arte of power or

coaseipenee, far it was after the battle of Agincourt,
when he Was (hashed with suctesc and in the height of
his power, and' when even the Emperor paid him a visit
as tbe most fel:owned and victorious Monarch of his.
age. Whatever obsolete. superannuated prerogative
there might have been discovered in the mouldering an-
nals qf time gone by, for which, as in the case of ship-
money, some lawyers were sure to be found ready, to
obtain the pleasure of their employers, to find
.prece-.
dents for, it was clear that it had slumbered for 200 years;
itncl would have slumbered for ever, but for the intro-
duction of an Alien Bill. They were told that for nine
years there had been no abuse of the power griioted by
an Alien Bill. It was admitted tbitt it was an odious
power, and the tendency of such an argument there-
fore was, to lead a British House of Commons to endure,
the existence of arbitrary power, provided that it ha! ex-
fisted for some time withour being atm sed—(lleor, heat).
The object of such an argument WAS to ',love tn:At the
Habeas Corpus was not so valuable a ble,sing as had
hitherto been supposed. Something had been said of
.their -friend the Emperor of AThrocco, and an opinion of
his that this Bill drew a line of resemblance between

Middlesex and Morocco, had been treated with extraor-
dinary severity. But he was not disposed to retract
that opinion. If by some extriordinar y accident there
'should happen to be a mild man For seven yeas on the
throne of Morocco, the siitiatirin of a fugitive in that
country would be exactly the same as one here ; for in
that ca..e it would not depend on the law, but on the mild
qualities of those who exercised this powei how he was
treated. If Marcus Aurelins were on the throne of MO-
rocco instead of the barbarian with whose uncouth name
he was unacquainted, he would still quarrel with the
power he exercised, althciugli. not iverlia,)s with the way
in which he exercised it. If the Wito.e were to bring
themsolves long to contemplate the mete mild exercise
of power, so as in any wHy to diminish their objection to
it, it would have the effect of weaterinz in their minds
those pi inciples on which 'depended the -seetrrity, the
efficacy, and the existence of afreetonstinatian—Vieer).
No nation ever yet tolerated absolute power because it
was not ill used, without having their mistake corrected
by the severe exercise of it, as .Domitian succeeded
Trajan, Ind despotic Princes al Ways folioa ed mild-ones.
lire Emperor of Russia had , said to a friend of his, a
man of genius, who was rather fond of paying compli-
ments, upon his friend telling him that his character
was a constitution to his subjects, " I am then at best a
happy accident." Hek(Sir J. Mackintosh) differed from
his Majesty, for he thought be was an unhappy acci-
dent, it his good-government-prevented the Muscovir es
from-putting more secure guards on their liberties(Hear).
Mr. WILLIAM LAMB supported the Bill, and in
answer to the arguments used against the union-of this
Government with the other States of Europe, he begged
to obserf,e, that it had formerly been held good policy
in this country: to unite with the Protestants of all Lb!
rope as their best' security. The Hon. Member for
West Minster had taken a large view of this case, and
made many observations worthy of notice. Re begged
to say to him, that if we were not prepared for war, we
were not prepared to abuse, as he had done, the Holy
Alliance. He objecel to the great latitude assumed
by the Hon. Member for Westminster in his language,
when he spoke upon these subjects. He could see no
advantage, for instance, to be gained -from the use of
the word " tyrants r" that word served no purpose that
he knew of in that House—there was no courage in it.-
(Hear, hear, hear).—Fle would ask ihe Hon. Member
whether, fir using that epithet, hemeant to charge the
species of Government which the Sovereigns of Europe
exercised, or whether he meant to charge them for the
manneisin which they used their power ? If the word
tyranny was meant to be applied to Monarchies, then
he would tell the Hon. Member that Republics had
been guilty of as great enormities as ever 'were prac-
tised under any other form of Government. • But 'the
effect of such language was to produce personal irri-
tation in the minds of those who possessed great power;
and he thought the Honourable Gentleman would do
Well, before he created such excitements, to 'consider
what assistance he could offer. -He would- do well to.
consider whether he could not give mare than a dinner
or two, a violent speech, and a subscription of five or
sis thousand pounds--.(Hear,.hear):—.With respect tov
the Bill, he repeated what he had on a former occasion
said, viz. That in matters of foreign policy it was neces-
sary to give a certain degree of credit and confidence
to the Government, who professed superior mean; of,
knowledge. with reference to the foreign relations of
the country. It was impossible to deny that there was:
'a disposition in individuals of this country to intermix
in the affairs of foreign States. It proceeded, he be-
lieved, from the noblest feelings; perhaps they were,
natural, and perhaps praiseworthy, but not the less!
,dangerous, wir the less embarrassidg to Government.
• Lord JOHN RUSSELL rose to express his entire dis-
sent from the general tone and sentiments of bis HOU.
Friend's speech, than which he had never heard any
speech more totally hostile to the spirit of the British
'Constitution, or more subversive of the privilege of
',speech, which they had been accustomed to enjoy in
'that House on all subjects of foreign policy—(Cheers).
:His ill-rnourable Friend had said they were nct to speak
of the Holy -Alliance but in measured terms --y(Cheers) ;
that there were certain
,phrases and epithets which they
were not to use—(Cheers)—and that it was not wise to
offend the Sovereigns of Europe by,personal remarks,.
(('heers). But his Honourable Friend had felt no corm.
punctions in blaming the unfortunate Spaniards, who
were now in a state of misery and distress, and could
do harm to nobody. But his -Honourable Friend had
represented a few dinners and speeches as the means of
exciting those unfortunate persons to insurrection
against their Government. This was a perversion of the
fact•--(Cheers). Wbat were those dinners and subscrip-
tions to which his Hon.'F:iend had alluded? They were
intended to give some comfort to the Spaniards while
struggling, and some relief when in exile and distress,—
He had said thus much in vindication of his coudyct
with regard to Spain and the Spaniards; he would add
a tew tvor ds'as to the Bill. The Noble Lord then ack
verted to the inconsistency of the 'President of the Board
of Coutroul. In 1198, it might have been fairly said
that our own Constitution was threatened. . In 1816, it
was stated by the late Lord Londonderry that the revo-
lutionary waves were still in potion.. The Bill was i.e.'
newed only for two years at a time, and it was, there.
tore, confessedly, only a Bill fora ternpoertry exigency.
It was like what the French call a law Of exceptions,,
and not part of the permanent law of the country. But
~what emergency could exist now.? The getantry. never
was in a state of more prof. and peace. 'The.Povecn?'
Aleut of France, a hick it was our .object to butpport,
in 18IG, was no.v firmly established; yet the Bight
-Honourable -Gentleman (idr. Wynn) 'slim oppbsed the.
Bid in .181.6; saw reasons to support it. in 1.824,-.
die would not allow this country-so, be made the Focus

,

of revolutionary conspiracies -.against the Sevoteigos. .91
the Continent. Lot the Right Hon. SectstaffASOkte.
did not pretend to employ spies to deteatheff.:llcis?spi.
racies : if lie did, it would establish a hanli arid ansitp.
portable tyranny. There were no si•ies here as in Prance,
to watch whet e a Gentleman% car riage. went every even-
ing, and what. were his language, society, and conver-
sation, The Bill gave the British Government tl.e ap-
pearance of being obliged to render an a, count to fo-
reign Sovereigns of thc proceedings within its own ter-
ritories. If one of them learned that a terrain conver-

It.

sation had taken place in a particular coffec-house, it
would form a ground of rem.alstrance, and con eq trendy
of war. The Bill, therefore, instead of seeming tl e
-country against the chances of war, o?ened flesh sources
of disagreement. The spit it of the people had prevented
this law from being corrupted and ahused : hut he
was afraid of its infecting the other free institutions
of the country.
Mr. C. HUTCHINSON had not believed that any
Member, particularly the Member of an independent
County, would have .had the hardihood to have read
such a lec ure to the House as had been done by the
Member for Hertfordshire—(!Hear). He wanted words
to express his abhorrence of the acts of the Holj• Alliance.
Was there nothing in the conduct of France last year
that was calculated to call down upon it the execrations
of all the friends of independence ?
Mr. LAMB here observed, that he bad not used the
language imputed to him.
Mr. HUTCHINSON resumed, and said he had la-
mented he had not had an opportunity, in' the field of
battle, to testify his abhorrence of the war in •Spain.
He (Mr. Hutchinson) had used as strong language as
any man respecting the Holy Allies, and he now desired
.to be considered as repeating all he had ever said—
(Cheers). As to the present Bill, it should have his de.;
cided negative in Al its stages.. Ile must de,iy the as-
serti,n that the powers under the Bill had not been
r abuse], when he recollected the cases .4-General Ginn-

gaud, Madame Montholim, and the Italian Physician,
who had attended the Emperor of Fiances
Mr. WARIIE stated, that his objections to the Bill
had not been removed, except so far as the clause went
that would exempt some thousand aliens from its ope.
radon. Had the popular party been treated as their
merits deserved, Europe would not have been in its
present state. •
tOrd ALTIIORP was of opinion,-that the reasons
alleged did not at all justify the .renewal of the 'Act,
which was wholly contrary to the spirit of a free ebn--
stitution. He could have wished, that the Member' for
Westminster had not proposed the Resolution he had
'done, by way of amendment, though he should_oppose
the Bill.
Mr. Secretary PEEL said, they were called upon to
decide between a proposition which he had made. for
the renewal of the pro Visions of t!,e Alien Act, and a
Resolution which had been propounded by the Honour-
ble -Member for Westminster, He hardly supposed the
4lonourable Gentleman really meant to urge his motion
on the House. Surely he could not expect that the
House would join him in denouncing the Alien Act
now in existence as a disgrace to the Statute Book—.
that very House by whose approval alone it was in the
Statute Book at all. Could he venture to ask the
House to agree with him in saying, " that-the% viewed
with horror and alarm the policy of the Holy Al-
liance?" &c.—words which, if sanctioned by the Rousts,
would amount to an -open declai ation of .war. It. was
not surely necessary, that he should entreat the House
not to agree to such a Resolution as this. _ But the Ho-
nourable Gentleman had referred, for the purpose of
censuring them, to some expressions used by him two
years ago, and which he (Mr.Peel)certainly did not now
mean to defend. The Honourable Gelithunan. in fact,
accused him of using the words' permanent emergency'
in reference to this Bill.. But the Honou: wide Gentleman
had added the qualifying circumAance, that a six years'
residenie in Ireland had furnished hiali(Mr.Peel)Atith
a very fair excuse for. any contusion of trains 4hag
might happen to fall into. But what would the Hcinollt?
able Gentleman say, if he (Mr. Pea).dourd charge him
-with an expression that very nighty just is.oveis to the
same ridicule, -whilst the Honoutahle Gentletriait had
not the good finttnne to be. able to offer the same excuse?
He would appeal to all who. heard the Honourable
Gentleman, if in the course of his speech he did net
charge him (Mr. Peel) "with falling headlong unto the
very same pit, which was already quite lull of his
predecessors'-(Hear, and laughier)— lit allik.ion to
the words of Lord Coke, nisi puolice prw.6iii. This
was certainly (to use the words of the Honourable Gen-
tleman) taking the bull by the horns---(4 langk). W
reference to the arguments that bad been used ly some
Gentlemen against this measure, le -could.state,that the
Bill originated primarily out of a cousideratipii for
British interests. When we were uphol.ting relations-
of amity with foreign Powers, and desirous of sincerely
cultivating those relations, was it too much for them
to expect that we should lake measures. to prevent
foreigners from coming to this country, acrd making
this metropolis.the scene of their machinations against
their respective Governments? It ',vas not proper. that
the very town where they' lived should be made the
theatre of those plans, and its public places, its coffee-
houses inlested by hands of e'isaifected persons leaguing
together, and maturing their dangerous schemes in
safeti—(llenr, hear!) The House then divided
F.or the Amendment . . . 70
Against it . . . . . . 131
Majority —6l

Another division took place on the motion for leave
to bring in the Bill.
-Ayes •
Noes . . . . .
Majority in favour of the Bill . . —57
On the readmission of strangers to the-Gallery,
Mr. FLUME was addressing the House on the reading
'of the Bill. He believed the Bill to be introduced in ac-
cordance to the wishes of the Holy Allies, and he re-
gtetted that any Englishman shouldhave made use of
stich language as the Member. for Hertfordshire—(Cries
of Question).—He was sorry to detain the House, and
-they who did not like the subject were. at liberty to
leave it—((:keering and laughteo.—lie had expected
that the iiifluenas of the Secretary for Foreign Affairs
would have pre-rented the introJection of such a mea-
sure; of ..which he (Mr. Hume) beiieved that Gentleman
highly disapproved. •He should like to hear the send-
meats of the Bight Hon. Centlerintn on the subject,
and the House had a sign to hcarlia opinion. .IThe
Huusc here manifested much impatience). As
.many
Gentlemen seemed, From 'their ccusgNag, to hive bad
colds, he Would recommend stlieas **erne isti
_go
16, bed-t-(Laughter).-7:The,.P.Lchident..A. thelkowit,of
ContrOul had said the times were chained fist , rbitn•
they. had been when he had oppciver4:llte.eatfoi ilf
case seemed to 6e, thet..the Right liodtiletsfthia
, changed. from one side"' of..ltT.lNss wohe!--.

130
. • 73

• •,1b • e

- .., ~

•
•

I.

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