Star.
London, England, 1818-06-02 00:00:00

ALIEN BILL.

Lord SIDMOUTH rose to move that this Bill be
committed. He observed, that when the events and
circumstances of the French Revolution were consi-
dered, it was not surprising that the effect of that
great convulsion should not yet have subsided.—
Many of the persons who had taken a part in the
overthrow of the French Government, and in the
attempt to overthrow the Governments of other
countries, it was true, were dead, but the spirit still
existed in many parts of Europe. It was with the
view of counteracting the effects which this revolu-
tionary spirit might have in this country that the
first Mien law had been enacted, and for the same
object it was now proposed to continue it for two
years longer. It was necessary to keep out, as well
as to scud out of this country, those persons who
should avail themselves of the vicinity of France to
foster a spirit menacing to the security of this and
other Governments of Europe. Ile was aware it
might be said that the situation of things was very
different now, and at the time when the Alien Law
was first enacted ; that the year 1818, with the coun-
try at peace, was not at ail like 1793, and the coun-
try at war: but if their Lordships compared those
periods, they must also take into their consideration
the difference of the two measures. It was by no
means accurate or just to assert that this measure
resembled that of 1793, for they were, in fact, of a
different nature. By the Act of 1793, Aliens were
made subject to very severe regulations, and were
exposed to penalties if they violated them. They
could not land at any port in the country without a
license from the Government. The place of their
residence was fixed, and they could not travel to a
distance of more than ten miles from it without a
special license obtained for that purpose. There were
no such provisions in the present Bill, which merely
proposed to provide for the regular exercise of an
authority which, he must contend, belonged to the
executive Government. It was true that this autho-
rity, to the extent to which it had beer. laid down,
was questioned by .ome ; but even those who most
objected to the doctrine, admitted that a power for
the removal of foreigners in periods of danger ought
to be lodged somewhere. That power was one of
the prerogatives of the Crown, and it must be exer-
cised in some way or other, either under Proclama-
tion, or under a Legislative enactment. The present
Bill merely provided for its prompt exercise, and, in
fact, tended only to give effect to the Prerogative.—
He was, however, ready to acknowledge that such a
measure ought not to be adopted without necessity ;
but the existence of such a necessity was at the pre-
sent moment unquestionable. At a time when it
was a part of the policy of all the Governments of
Europe to expel from dzir territories, or pl4,ce ruder

particular inulations, obnoxious foreigners, was id
to be contended that this country ought to form an '
exception to that policy? Were we to cherish the
revolutionary spirit, and to allow all factious indivi-
duals to find an asylum in this country ? He would
ask whether the evil of such a course of proceeding
would not be infinitely greater than any that could
possibly arise from this Bill ? Before he moved the
commitment of the Bill, he should briefly state the
nature of a clause which he intended to propose, the
necessity of which would appear from the circum-
stances he was about to state. An Act of the Scotch
Parliament, passed in 1685, for the establishment of
the Bank of Scotland, contained a clause by which
all foreigners holding shares in that Bank became
thereby naturalized subjects of Scotland, and, ac-
cording to the Act of Union, all subjects of Scotland
were naturalized in England. It appeared, there-
fore, that any foreigner, by investing a small sum
of money in the Bank of Scotland, might become a
naturalized subject of Great Britain. All the pains
which their Lordships had hitherto taken in framing
regulations for naturalization, and all the precdu-1
tions adopted for passing Naturalization Bills, might
have been superseded by the short process he had
described. At the expense of a very inconsiderable
sum, any foreigner might become a subject, and all
Alien Bills would be of no avail. His attention had
been called to the effect of this Act of the Scotch Par-
liament only within these few days. Had the dis-
covery been made at a more early period of the Ses-
sion, he should have proposed a short Bill to meet
the case. There would not now be time for discus-
sing a proposition for the repeal of this Act, but he
would recommend to their Lordships the suspension
of its operation during the period in which the pre-
sent Bill should continue in force

The Marquis of LANSDOWN asked, whether
it was intended to give any retrospective effect to
this clause? _

Lord SIDMOUTH said, he should propose to give
it effect from the period when the payment of the
last investments took place. He then concluded by
moving, that the Bill be now committed.
Earl FITZWILLIAM opposed the motion. Ile
had given his assent to this measure when it was ori-
ginally proposed, because there then appeared to be
a reasonable ground for giving such a power to the
executive Government ; and he had not objected to
its renewal when the subject was last under conside-
ration, because he believed the Act would have been
allowed to expire at the period to which it was li-
mited; but he could not, without pain, see his Ma-
jesty's Ministers again calling on their Lordships to
pass a Bill of this kind. It was demanding the con-
tinuance of a system of arbitrary authority, for which
no reason existed, and which they ought not to be
permitted to possess. He should, therefore, give his
vote against this measure.
The Duke of SUSSEX had opposed the former
bill on this subject, and he conscientiously felt it to
be his duty to oppose the present meacuie. But,
though he had not felt the strongest. objections to the
principle of the measure, occurrences which had
taken place in the course of the last year, and wlich
proved the improper manner in which the power
given to Ministers had been executed, would have
been sufficient to have induced him to oppose it.—
With the case of an individual against whom the
Alien Act had been enforced his name had been con-
nected, but he sincerely despised all the insinuations
that had been made on that subject, and he would
now state the facts which had come to his knowledge
to their Lordships. An Officer who held a commis
sion in the British service, had been tried in Portugal
for a pretended conspiracy. In consequence of that
trial, his name was struck out of the Army List by his
Majesty's Government. But this was not all, having
escaped, he arrived at one of the out-ports in a ship
from Lisbon; upon which the Government imme-
diately ordered the expenses of his passage to be
paid, and sent him on board of another vessel to be
conveyed out of the country. As to the trial, he
firmly believed that this gentleman was perfectly in-
nocent of the charges brought against him ; but for
his part he had no communication with him at the
period of that trial, nor for five or six years preced-
ing it, when he knew him in the family of an illus-
trious friend. For himself, he felt that. he stood clear
of all imputation on the subject ; but if their Lord-
ships knew what the nature of a state trial in Por-
tugal was, he apprehended that their Lordships
would not regard the circumstance of this officer
having been condemned, as a point of much consi-
deration. The Portuguese practice was, that imme-
mediately upon a conviction in favour of the Crown,
the Judge was promoted. What might be the guilt
or innocence of this individual it was not for their
Lordships to determine, but there appeared no reason
why he should have been deprived of the protection
of the laws of this country. It was right that a jea-
lousy of the power of Ministers should exist, and he
for one could not help strongly entertaining that jea-
lousy, when he found them guilty of such acts, and
the more especially when he heard it asserted that
this measure was necessary for the tranquillity of
other countries. It was proper to pass laws for the
tranquillity of England, but to invest Ministers with
arbitrary power, on the pretence of maintaining the
tranquillity of other countries, was what he would
always protest against. He also particularly objected
to the language of the preamble of the bill, which,
contrary to fact, appeared to ground the expediency
of the measure on a circumstance which had taken
place since the last act was passed.
Lord HOLLAND declared himself decidedly hos-
tile to this measure, and the arguments of the Noble
Viscount had not at all tended to subdue his hosti-
, tility. The Noble Viscount had asked was it not
proper that at a time when every power on the Con-
tinent possessed the prerogative of sending the sedi-
tious, the turbulent, and the unworthy out of their
States, that this Government should have the power
of preventing their cowing here ? If the Govern-
ment had not this power, this country might be
made the asylum of all the factious and disaffected ;
but did not the Noble Lord also recollect that this
measure, it adopted, would subject to its operation
the unfortunate, who were the victims of injustice
and tyranny on the part of their own Government ;
and that he would by this measure close the door of
hospitality against the stranger and the destitute ?
The Noble Lord contended, that the unavoidable
result cf this measure would be abuse ; and he al-
luded to former cases of persons sent out of the king-
dom, under the Alien Act. The case of Las Casas

was one strong in point Mr. Las Cacas was ieni
from St. Helena, and the very day after his arrie.a
:in this country was sent out, under the Alien E,17
and his papers seized and detained, a proceed;'
which he contended, even the Alien Bill did no; aa.4
lhorice. Government had perhaps seen their m,
take, and had, he understood, re,tored thu
uefu
tunate and persecuted person. his papers, hat
had detained them long enough to have prom
ruin of any individual. The Noble Viscoeu cos.
tended, that the Crown had already t'ae prero„al:
and power given to it in the Bill. He j 1.4,4,0.
land) doubted much this fact, but even ii it Ira
the Government had always formerly been awn st
luctant to enforce that prerogative. It Lid, an titre7
contrary, always been the policy of this c
encourage the resort of forctgners rar eaves,
such ought always to be our F•avr. !at
Viscount had said, the measure v-A., ?tact
secure the tranquillity of the Ccntinent.
any such necessity; and the Noble Lords oppcd,c 4
advancing this argument, had reduced thenuelvi,),
the necessity of acknowledging, that after O. eir
extraordinary exertions, and expenditure of b;%a
and treasure, and after the glorious peace oft:iA
they had boasted so much, that they had ,tlieft.
the Coatinent in a worse state than they feud it—
in a State which rendered necessary a measure neer
before called for in a time cf peace.—.o,ear.
The Noble Lord contended, that in a cenintut:ce4
point of view the measure was highly ohjection:.t.
and pregnant with danger to the freeiorn and pn-.
leges of the people of this country. The Nebie
then alluded to the case cf Don Diegc Gomm
person alluded to by the Dultc of Sussex. Aka Diego
was accused of having, when in Spain, "mitten ageza
the English interests there. This was the crime imp.
ted to hart, and for which he had been male mbjecta
the operations of the Alien Act, and uneers:lic:, E,,,u
brought from Portugal to this country, an from Sera
to Spain, widere he was made subject to dm `4IOIS
Laws. Next to Fiona'. 1, svhom we had TIO« Orpea
to follow the same narrow coarse as ontse:7es.
country had always been the most di-ti.nsiseee. fez a
liberal and generous policy. She had'alz,.,o-,1
the subject of panegyric on this account, and Mr
ey
geographical position considered as haring sane:: g
providential in it—
" Britain ! thy land by Mier:was sure !ledged
" Tu be the common rrioye of inzAlnd:

Were the words of Waller, the founder of our parl*.i.
mk
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finoradmieisotpapkeese, ansedd,thbuist cwoluianttrGy
cellsg
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raiotyhfcseyh tatsyhpotgeeow subservient
oyaas
fnowfetisivit ailavi tol
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st
this
otherpar
ms country,
on n a
rs States. o ficnhaily . Europe,
Ihtrcwhcoadanz;a:rits,ellitsl
;marine:eswinnagthTegutmwoiitlifh:urotbeanp::cttlAilg;*;
though there were five or six Soveret,,,ms, if there as
lone system, and one will amongst them. 11
was to permit one individual, Prussia another, Frar.:l
another, England another, and each Power was
consider itself bound to the proscribed prim
up ; where was individual liberty gone to, and whey
could the oppressed find refuge. No where; :A
such would be the effect of the proposed measure,
adopted. The Alien in this country, if he obserd
the laws whilst here, ought to be protected ; the adrs.
tion of this measure would be an invasion cf the*
laws on which our greatness was founded. and
which endangered the liberty of our oYm rs.'r'tns,
and therefore the Bill should have his strongee c?
position.
Lord WESTMORELAND considered the
necessary on three grounds :—lst, to preterre
tranquillity of this country-2d, to preserve our asi:f
with foreign Powers—and, Sd, to preserve the ;tut
and tranquillity of the Continent. With aspect
the arguments advanced against the measure.
ground that it was unconstitutional, he should o:ir
reply, that the measure conferred no new power is
the Crom;m: it only gave effect to a prerogative winch
the Clown already possessed, and had possessed hum
the time of Magna Charta down to the present tire.
He denied that the Alien Act had been abused; oily
four persons had been sent out of the country in it
two years that it existed. The Noble Lord oppoux
had complained of this Bill, as one which would pre.
vent foreigners coming to this country, injure C 7
character for hospitality, and prove a restraint upc:
our own liberty. Now he had no fears that the big:
character which we had obtained in Europe for hoe
pitality would be lost by the adoption of this nei
sure ; or that the cause of liberty in this country worA
be forwarded by making it an asylum for personsela.
cated in the school of the french revolution, or under
the subsequent rein of Bonaparte. Now
spect to the necessity of Government possessing Si
power, he would only advert to one or:an:eve
which occurred in 1806, when individuals the wrzts
friends of liberty were at the head of the Govern:og
of this country : an Alien, who proposed a measrle
aimed tat the life of the then Ruler of Freer *431
sent out of the country, under the provisions of t-1
Alien Bill; and he would now ask whether it 13
too much to ask that the Government should 13,11
possess the same power of protecting our own Inen o
and effects which it had formerly possessed and
cised for the protection of a Prince with whttn CO
were in a state of bitter hostility ?
The Marquis of LANSDOWNE contended,
the measure was wholly unnecessary in a time ei
found peace like the present—it was one hi1e.:4.4:
constitutional. The Noble Lord who brought fo.
ward the measure, had contended, that the clang.cr:,
ous state of politics on the Continent rendered ;2
measure necessary : but, he would ask, had
measure been considered necessary in the time of
Jesuits; at the Reformation ; or after the rebellic.,
in favour of the House of Stuart?—times when
der
country was much less powerful than she was
and her enemies much more formidable, both
home and abroad. The United States of Alleril
from their situation, were more liable to be :3"•7:,
by the intrigues of the disaffected in politics Yawl.
n 1
had not found any such measure as this necto.,c.:
on the contrary, they had not been deterred La'
giving protection to the persecuted, who had. 7;
obliged to fly from Lutope to the new world ! r
asylum. He was a warm admirer of the L
States. It was a source of satisfaction to :
them flourish ; but there was one alVajltage

I

•
he could net avoid envying then, and that was, that
they alone should be the people who had the power
of the courage to afford an asylum to the persecuted
id oppressed of other countries. With respect to
the clause, of which the Noble Viscount had given
notice, he certainly should not oppose it, if its ope-
rttion was made prospective; hut he could not con-
tent to its being made retrospective, and thus to be
!nay of a breach of faith towards those persons
who had vested their property in our Funds under the
gection of an Act of Parliament.
Lord HARROWBY supported the Bill, on the
rounds that it was necessary for the preservation of
tranquillity both at home and abroad. The Noble
lord denied that this Bill would have the effect of
driving foreigners out of the country ; the contrary
vas the fact; there were at present some thousands
more Aliens in Ere country than there were a year ago.
The House then divided—For going into a Com-
mittee, 3l—Against it, 15.—The House then went
iatn a Committee.
Lord SIDMOUTIT proposed his clause of which
he gave notice, for repealing the old Scotch Act, to
v;lnch he alluded in Lis openilig speech.
Lord LAUDERDALE wished that the Clerk
roculd read the Act in question.
The Clerk read the title of the Act. •
Lord LAUDERDALE wished to have the whole
Act read.
Lord 3IELVILLE said, the Act could not be read,
as it was in the Record Office in Edinburgh.
Lord LAUDERDALE said, the Chairman ought
t!:ea to report progress, and ask leave to sit again't'
when the Act could be produced.
The Duke of SUSSEX was of the same opinion.

The LORD CHANCELLOR said, several Acts of
Parlianiert had been passed since the Union, in which
f•is Act of 1695 had been alluded to, and, therefore,
castittitionally speaking, their Lordship's must be
uken to know that Act.
Lord HOLLAND could not allow an Act to be
re: waled thus upon the assertion of a Noble Lord,
might go to affect the interests of every person
erected with the Bank of Scotland, and that Noble
Lod a Governor td. the Bank of Scotland, and one
she ought to be alive to protect the interests of those
tc.r.etted with that Establishment.
Lord LIVERPOOL said, the clause did not go to
:•pc.ll the Law, or to affect the rights of any persons
i,i,rmancittly, but only to suspend it during the con-
tuziance of the present Act ; and further, that its
e?cr.ition of the clause should only commence from
:nth or (29th of April, the day on which notice of
t..:e Bill was given.
Lo:-‘1 Gl{E;l could not consent to legislate on the
sotoriety of an Act of Parliament; whilst by thus
legislating in ignorance, they might affect the inte-
pit> of individuals.

The dame was however read and agreed to.
The Earl of CAItNARVON moved an Amend-
ment, that the Bill should not extend to any Aliens
bmiciliated in this country for five years, or before
tile war; but it was negatived without a division.
The LORD CHANCELLOR moved a clause ex-
empting all Aliens from the operation of this Act,
Irho had money in the Bank of Scotland previous to
the 28th of April, 1818.
The Marquis of LANSDOWNE moved to insert
h the clause, instead of the 28th of April, " from and
tier the passing of this Act."
After some observations, the House divided—For
the Clause 40—For Lord Lansdowne's Amendment
of it 20—Majority 20.
Lord GAGE proposed a clause, that Aliens should
be suffered to go to any part of the world they please ;
lr.lt the clause was negatived on a division of 42 to 20.
The Bill then went through the Committee, and
tr 2.; reported.

Lord SID3IOUTII then moved the Suspension of
‘k:tli Standing Order, that the Bill be read a third
ti-e to-morrow.

Lord HOLLAND opposed this motion ; as did
Lords LANSDOWNE, LatTA)Eitom.y, and RossLaN
Lt.it was carried without a division.

EDCCATION OF THE POOR BILL.
Oa the motion of the Earl of ItOSSLYN, their
Lordships proceeded to take into consideration the
Report on this Bill, when several Amendments were
made. On the crestion being put, that the Bill be
read a third time,
The LORD CHANCELLOR rose and said, that
this Bill had been very much improved since it came
np here. With respect to the part which he had
taken in it, he felt very strong objections to make
any allusion, because, in the hrst place, it was the
duty of every Member there, and particularly of the
person who held the situation which he filled, not to
i.Ssilve on any thing that passed in another place ;
LA, secondly, because it was extremely difficult to
ascertain what really had passed; but if what he had
read as having passed was correct, he felt himself
bound to observe to their Lordships, that his conduct
had not been treated with justice or propriety. He
left it to the judgment of those who had known him
Ag, both as a Judge and as a Member of that
House, whether he ought to have been treated in
that manner ?_(Hear, hear.),-He would now merely
add, that whatever effect might have been intended
to be produced, it should never operate as a check on
b 5 mind to diminish the respect, civility, and atten-
tion; with which he had always treated every :11cm-
ber of Parliament, every Gentleman, and particu-
lay every Gentleman of his own profession.
lire Lill v..as then ordered to be read a third time
tcutt:rov:. Adjourned at one o'clock.
ROUSE OF COMMONS. •
TS: !Line was suramored to attend in that of the Peers,
litard the Ro-cf Assent iti•!ell by Commission to several
and private wh:ch ace cur Peers' Report.
..7.yrts were Ism' .eht ...2 of the Bankrupt Commitsioners
...441 all, the Irish Bill, the Master of the Rolls of
....11111, the Salt Laws Bill, and that ct the Committee on
Pcisairs.
` • J. SMITH bionght in the ILinki-4 : Laws Amendment
t•-•itead a first, and ordered to be read a second time to-
`.after a few e:i.,•lari.ticie observations.
I,,!•y.i.racr.dratnt of the Practice of the Coart of Chancery in
kl!: was brocih: in, and read a Eret
••• • PEEL MOVtot tor .A.zco•ar.ts of she Imports into, and Ex-
fr's Irei.:ed to the sth of lam:are, 18:V.—Agreed to.
?res.:aced a Petition from certain Post-
k,••'' KLep, r.:lkshi-r, zrenplainisig cf tlie severity of pro-
,. .-4 in
rcl.4eac:eiticor.e. of trivail c:-.:(:111 in their tickets, and
▪ ILL P.; resent:A a Petition against the Tax on }Lilts
ricu It
,•:- to lie on tLc treble.
atcl order,o co Ikon the titisl2.
Itp.,:t of the Commissioners for complerina the
w,O broitgb: up, and ordered to be printed.
V defytde.l thy Contractor for the district is
11-IL-LI .Le 1;:r 10 yt,.rs; and out oi

378 persons who had licottes, he had only found it necessary to
prosecute 25 in the whole period alluded to.
Accounts of the Importations of Hemp and Flax, from 1814
to 1816, were ordered.

Alderman WOOD presented a Petition from certain House-
holders iu Westminster; praying for Annual Parliaments and
Universal Suffrage.—Laid on the table,
On the order for the third reading of the Cutlery Trade Bill,
Mr. WHARTON thought the Bill ought either to be mate-
rially altered, or rejected altogether, as it had been so changed
in its features as to be inadequate to afford the protection to the
manufacturers of cast steel which they required. He stated the
difference in the pro.-esses of making wrought and cast steel, and
sheaved that hardware of the latter kind could be exported at
one third of the price of the former. He thought that every
new manufacture that increased the export of the country ought
to be encouraged, and therefore proposed to offer amendments
to some of the clauses in favour of the branch in question.
Lord LASCF.LLES supported the Bill en the ground that
its principal object was to protect the superior articles of manu-
facture.

After some farther conversation between Mr. Felines, Dlr.
WHARTON and Lord litscentns, the Bill was read a third time.
Dlr. NV HA RTON then proposed his principal amendment, on
which the Gallery was cleared for a division, but none took
place; and the amendments were withdrawn.
The Bill was then passed.
Sir R. FERGUSON presented a Petition from the Guild
Brethren of Cupar, praying for a redress of grievances, and to
be admitted to the right of voting at Elections.
Lord BINNING, front eke manner in which the meeting
had been called and conducted, objected to the Petition being
received as that of the Guild Body.
Sir R. FERGUSON stated the meeting to have been regu-
larly .gilled.
The SPEAKER decided in favour of the. Petition, which
was then received, and ordered to be printed.
Sir JAM ES DI ACKINTOSI I moved dust twn Accounts of
the I)roits of Admiralty which were before the House, should
be printed, and that there should he produced two other papers,
namely, a statement of the number of persons capitally con-
victed, specifying their offences, and of those ev:euted in Lon-
don and Middle.es, from the year 1719 to ISIB : and a return
of the numbers committed in England and Wales, from 1905
to 1817, both included—Ordered.

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