Star.
London, England, 1816-05-21 00:00:00

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e (red mt blow that there. was any elan tie the
autieert,bot the,law of this country was as much to
be collected from the opinions of learned men, as from
their actual, decisions. The question, he would 41.
int, was, not what the law had been, but what it was
to be; at the . same time it was important to know,
whether they Were. only about to regulate the law
as ji anOdy or to introduce a law entirely new ?.--.
TM reason why that Bill was necessary was, that
though the King, by his prerogative, might order In-
/ewers out of the kingdom, he could not put that
ate so effectually into execution as was desirable,
without the powers conferred by this Bill. Unassisted
by them, be could only order these who remained to
be indicted for disobedience of his orders. It had
been stated, that the law was founded upon illiberal
alb barbarous principles. lie was surprised at such
as observation, when it appeared that there was not
a pantry in Europe in which it was not enforced, nor
c writer on the Law of Nations by whom the prin-
ciple was not asserted. The Constaution of England
war Dot intended for foreigners ; they had, and they
Ought to have, the benefit of the laws as long as they
remained, but it ought not to be left to themselves to
continue es long as they pleased to do so. Europe
was sot yet in that settled state in which she stood
before the Revolution, but, even if she was, he would
rapport such a law, from the conviction that it would
be St in all times.
Sir S. ROMILLY said, that though he still
thought it was of little importance with regard to the
present Bill how the common law stood, he yet
Bought it of great importance when lawyers high in
the profession uttered such doctrines as they had just
beard, that they should be examined and answered.
The povier attributed by his Learned Friend to the
Cr.own in this instance, rested on the sole authority
of Blackstone. But Mr. Blackstone had not merely I
said that the King had the power to send Aliens out 1
of the country, belt to send them back to their own
Lawyer go to the extent of this
country. Would any
principle? When in the Treaty of Amiens we agreed
to an article pledging ourselves to send back to France
murderers, fraudulent bankrupts, and other offenders,
it was thought necessary, in MI, to pass art Act
to that effect ; and so guarded was the Legislature
in the proceeding, they provided in the same Act,
that the power should only be exercised in the case of
crimes which were also crimes in this country. Would
any man, however fond of prerogative, contend, that
the King had a right to send back persons for politi-
cal opioions, to be sacrificed to the heat of party and
persecution at home ? if that was the case, we could
sot say, in the present state of the world, how soon
refugees from Spain or France might be demanded.
His Learned Friend had quoted the opinion of a Se-
cretary of State as conclusive upon this subject, and
on that authority was willing to pass a permanent
Mien Bill. It was trifling to say that the foreigner
could have his remedy in a case which was conducted
je impenetrable secrecy.
Mr. CHARLES YORKE maintained, that it was
the ancient prerogative of the King to send foreigners
out of the country, nut being foreign merchants.—
The merchants were protected by Magna Charra,
and the statute of Edward the Third. Hot where
would be the necessity for suck protecting enactments,
if the King did not possess the prerogative ? It was
one of those cases where the exception proved the
rule. He then quoted the Rolls of Parliament in
the times of Richard the First and Second, and
Henry the Fourth, in support of his position, and
concluded, that if any alteration was to take place
iin the laws affecting foreigners, it should be to pre-
vent the passing of any Naturalization Bill, except
the individual applying for it had rendered some be-
nefit to the State. _ _

Mr. W. WYNNE admitted that the right of send-
ing aliens out of the country, on proper cause, resided
in the sovereignty of all States. The supreme power
in this State was the King in Parliament. By their
combined authority, even a natural born subject
might be banished, as in the case of Atterbury ; but
be did net think that any prerogative of the Crown
which was not exercised for the last 150 years could
now be said to tend to any efficient purpose. In 1799
there was a case that required the interference of the
sovereign power, and accordingly the Alien Bill was
passed; but at present there was no case that could
justify its introduction. He had learned to' be proud
of his native country from this feeling, that the mo-
ment a foreigner, of even a slave set his foot upon it,
from that moment he was flee. He quoted, the case
of De Berenger,to shew that an individual might be
arrested under the Alien Act, although his real of-
face was quite of a different character from any
against which this Bill was levelled.
Lord MILTON said, the real question was, whe-
ther such a Bill was necessary or not, by comparing
the present times with those of 1792, when the Bill
vas first enacted? On the forme: occasion the com-
e, was deluged by the emissaries of France, who
*cm employed to invest Etirope with doctrines sub-
versive of all Government. Could any such pretext
be aaw adduced ? It had been said this Act was
near abused; now he thought it had, and on many
occasions. But would it be said, that because no
than might have been committed, Parliament, on
look grounds, were to adopt an unconstitutional Mea-
sure? The Noble Lord proceeded to comment with
much force upon the expressions of the Right Hon.
Gentleman opposite (Mr. Yorke) calling for further
severity upun Aliens, in refusing to them, unless on
very stsoetgrounds, the privileges of naturalization.
Mr. YORKE explained, that he only meant to make
the children of aliens denizens, and their offspring natu-
ralized, not to refuse them altogether that privilege.
Lord MILTON remarried, and quoted Mr. Burke's
sentiments on this Bill, in 1792, when he ertpressed
himself of opinion, “ That in critical times of war the
Measure might be justifiable, but that in peace it
would be too strong for liberty."—(Hear.) When
the patriotic subjects of tyrannic Sovereigns sought
Icicle on our, shores, were they to be received intros-
/Stably, and at the teasing request of some foreign
Minister, sent back, perhaps, to the country that pro-I
scribed them—the natives f South America, for in-
stance, whose freedom and independence all gout
ate wished, from motives of humanity and sound
Pile' I The Noble Lord concluded by *aimed-
vett, mg on the opinion of the Right Honourable Gen-
mama opposite, who said he would as warmly stand
is that House as the defender of the prerogatives
etthe Crown, as he would those of the people.
Mr. BA.RING begged to revert to a statement,
lihsde in his absence, on a former night by the Right