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

AL I EN.S.S AN K OF SCOTLAND.

Sir JAIIES MACKINTOSH presented a Petition
from certain individuals against the clause introduc-
ed into the Alien Bill, depriving them of the privi-
lege they had acquired as naturalized subjects, by
the purchase of • Stock in the Bank of Scotland.—
He described the Petition as relating to the most im-
portant subject, a subject which involved the great-
est breach of faith that was ever proposed to a Bri-
tish Parliament. It alluded to the Amendment
adopted in the Alien Bill by the House of Lords,
which went to deprive persons of their rights who
were naturalized in that mode since the 29th of April.
In consequence of an Act which had passed in the
Parliament of Scotland in 1695, the purchasers of
Stock in the Bank of Scotland to a certain amount
were naturalized. The same was since confirmed by
five Ads of Parliament in the reign of his present
Majesty. The present Petitioners were long resident
in this country ; they were many of them Merchants,
and had children who were natural born subjects,—
' The Petition went on to certify the loyalty of their
conduct, and challenge inquiry into all parts of their
character as men and as citizens. It added, that
they purchased Stock in full and entire faith in thl
law as it now stood. After dwelling with much
force on the injustice of retrospective Acts, be coni,
eluded with moving—That the. Petition' should lie
,
on the table.
Mr, TIERNEY moved that it &W OErot
to a Committee.
Lord CASTLEREAGH opposed the Motion, from
a conviction that all which was necessary to be known
would be known without having recourse to a Com-
mittee. Nothing could be more absurd than to admit
naturalization to be conferred by the purchase of
Stock, without subjecting them to those conditions
which were imposed upon those. who were admitted
to the privilege in the regular way. tinder the
clause which was alluded to, 49 Aliens were natu-
ralized, and not less than 17 or 18 were now soli-
citing with the same view. It was quite a secret,
until of late, that this obsolete provision of the Scotch
law was in existence, that the purchase of a single
share amounting to £BO, placed the person under
this Statute in the condition of a natural-born sub-
ject. The fact was, that many respectable individuals
had been naturalized under it, but it opened a door,
for the rejection of those provisions which wens,
handed down to us from our ancestors. We difH
fered from other countries in this respect, for even
when Prince Leopold was naturalized, it became no-
cessary to pass a law to set aside the disqualifications
that belonged to the Acts on the subject. It was
necessary to set aside the Act of George the First,
which denied to naturalized persons the right to sit
in Parliament, and the other Act of the same reign,
which denied them the right of British subjects
abroad. These persons had obtained their rights by
fraud of an Act of Parliament—(Cries of hear, hear,
hear) He repeated it was by fraud of an Act of Par-
liament. For the old law had been virtually repealed
both by the Scotch Act, and by the Act of George
the First, and the 13th and 14th of Geu. 111. re-
specting the naturalization of Aliens. It would be
monstrous to sacrifice the public interest and safety
to a technicality of law—and that having framed a
Bill to guard against and regulate Aliens, the Le-
gislature was to be defeated in its o's ect by an old
and almost obsolete Act of the Parliament of Scot-
land, by which all purchasers of the Stock of the
Bank of Scotland took themselves out of the class
of Aliens, and of course freed themselves from the
operation of the Lill'. The retrospective nature of
the clause had been complained of. This was a qua-
lity, however, very usually to be found in Acts of
Parliament. Nothing was so common as in a Bill'
augmenting the tax on a particular commodity, to
make it operate back to the period at which it was in-
troduced,
and not to allow it only to commence its
operation lom the time of its passing. When the,
Bill for regulating the residence of the Cl!rgy was
passed, it had also a retrospective effect; and there
were various other precedents, of the determination
of Parliament, when it thought any particular object
desirable, not to be arrested by any consideration that
a retrospective operation in a Bill *as unfitting. On
these grounds he opposed the reference of the peti-
tion to a Committee. It was not a question of the
merits or the demerits of the individuals. It was—
wEetber an obsolete statute should be allowed to de-
feat the object of the present Bill, and virtually to
repeal all the naturalization laws—whether the Le-
gislature would sanction this short cut by which all
the inhabitants of the Continent, if they chose it,
might become entitled to the privileges of natural-
born subjects of Great Britain. As to the Scotch
statute, what the Legislature might eventually do
with it, he knew not. Its final fate was not however
at issue. What the Howse had to determine was,
whether or not it should be suspended during the
continuance of the Alien Bill ?

Sir S. ROAIILLY rose for the purpose of strongly
supporting the petition. He could not conceive it
possible that the House, if it had the least regard to
principle, if it was not determined to act in viola-
tion of all law and all justice, would rot consent to
appoint a Committee for the investigation of the sub-
ject. Since he had had a seat in that House, he had
never seen a petition of greater importance, consi-
dering the nature of it in itself, and considering the
extraordinary doctrines which had been just ad-
vanced by the Noble Secretary of State. The Noble
Lord had said, that there was no occasion to refer
the Petition to a Committee, because the House
knew all the facts of the case. The House did not
know the facts of the case. The Noble Lord himself
did not know the facts of the case. The Noble Lord
had asserted, that if an Alien bought, and held
Stock of the Bank of Scotland for 24 hours, he be-
came entitled to all the privileges of a natural-born
subject. How did the Noble Lord know that? Had
the Noble Lord the Act ? If the Noble Lord was in
possession of the Act, it was a thick upon the House
not to declare it. But the Noble Lord was mistaken
if he thought the repeal of only ore Act necelrary

:•

It would be necessary to rereat no less than five
Acts of Farlipnent. It was a mistake to suppose
that the individuals in question were entitled to their
claims by the Scotch Act merely. They were entitled
to them by Acts of Parliament passed by the Eng-
lish Parliament—(hear, hear.) By an Act of the
Scotch Parliament in 1695, the Bank of Scotland
was created with a capital of I:100,000—(heer.),
The exact terms of that Act it was not in h:s power.
to state, for it was impossible, such was the haste of,
the advocates of the present measure, to procure
In 1774, however, it being thought proper to in-
crease the Capital of the Bank of Scotland, an Act
was passed by the English Parliament—the Parlia-
ment of the United Kingdom of England and Scot-,
land—the Act of the 14th of George 111. c. 32, in-
creasing that Capital to 200,0001. ; and in the 17th
Section of that Act, it was declared that the Act of
the Scotch Parliament, in 1695, should remain in
full force as to every particular, except so far as the'
same was altered by the Act then passed, and that
the provisions of that Act of 1695 should operate with
regard to the new Stock, as they had operated with
regard to the old ;—in other words, that all pur-
chasers of the new Stock of the Bents of Scotland as
of the old Stock, should become naturalized sub-
jects. This was done five several times. In the 32d
of George 111. another Act was passed, further in-
creasing the Capital of the Bank of Scotland, and in
the 34th of George 111. another; both declaring that
the Act of 1695 should remain in full force in the
particulars which he had already described. And
yet, in the teeth of these repeated Acts of Parlia-
ment, the Noble Lord had asserted that the indivi-,
duals in question had obtained their rights by fraud
of an Act of Parliament. 4. most monstrous asser-
tion I Did the Noble Lord—a Minister of the Crown,
high in the confidence of the Prince Regent, mean 50,
assert that it was not perfectly justifiable in those
persons to purchase the stock in question in order to
become naturalized ? Why, it was the advantage
held out in order to induce aliens to become proprie-
tors of the Bank of Scotland Stock. When the Bank
of Scotland was established, which was a year before
the establishment by charter of the Bank of England,
it was a boon offered to aliens to tempt them to be-
come proprietors. This boon the individuals is ques-
tion had accepted, and now the Noble Lord called
that acceptance a fraud on an Act of Parliament !
To take it away would be a fraud on the part of Par-
liament—( ieer, hear.)—Parliament had offered cer-
tain conditions to aliens ; and when, relying on the
faith of Parliament, they accepted them, Parliament
withdrew its part of the consideration, and put the
alien purchaser in the situation of being compelled to
sell the stock which he had purchased for a particu-
lar purpose, at the reduced price to which it must
necessarily be lowered. The Noble Lord had ap-
pealed to precedents and to past times e' and espe-
cially to the reign of Queen Anne. Did the House
recollect what was done in that reign ? Ia the 7th
of Anne it was enacted, that all Protestants were, on
landing in this country, to become naturalized.—
(hear, from Lord Castlereagh.)—He knew the mean-
ing of the Noble Lord's cheer. The Act of the 7th
of Anne was thought inconvenient, and so it was re-
pealed. But how was it repealed ? Did the States-
men of that day dare to take away the privileges
which had already been conferred? No. The Bill
was prospective in its enactments. Its operation was
not to commence until after the passing of the Act.
Three months were allowed to foreign Protestants to
come and take the benefit of the law, by rendering
themselves entitled to the privileges of natural born
subjects (hear.)—A thing so extravagant, so contrary
to all law, so completely in violation of all justice,
was never thought of before the time of the Noble
Lord and his colleagues. And what was worse was,
that it emanated from that branch of the Legislature
which was the Supreme Court of Justice in the coun-
try—(hear)—that it proceeded from men who filled
the highest judicial offices—who took an oath to ad-
minister justice with impartiality—(hear.)—Those
took " a short cut," as the Noble Lord called
persons
They did not even venture to intrcduce the pro-
position in a Bill, where it would be repeatedly dis-
cussed, but took care that there should be only one
question upon it, by making it an addition to a Bill
already discussed. Much stress was frequently laid
on the forms of Parliament. Here all forms had been
violated. The House of Commons sent to the House
of Lords a Bill continuing an existing law ; the House
of Lords returned it with the repeal of an existing
law—(hear, hear.)--And this they called an addition
to the Bill ! By this proceeding they told the House
of Commons---,‘ Either the Bill to which you have
agreed, shall .not pass into a law at all, or else it
shall be accompanied by an amendment which we
have added to. it, and which is wholly Alien to its
original object." And this was done on the presump-
tion, that the hurry at the close of a Session would
prevent the House of Commons from having any al-
ternative. A monstrous proceeding--(hear.)—There
was another view of the case which was most important.
He did not profess to be very learned in the law of I
Parliament, but, unless he utterly mistook that law,
he conceived that the House of Commons could rot,
consistently with its privileges, agree to this amend-
ment. For observe what was its effect. To subject
a large description of persons to the Alien duties.—
This was one part of its injustice. Another was the
forfeiture of estates. Suppose among forty-nine per-
sons who had availed themselves of the Act, there I
were some who had done so for the purpose of purr ,
chasing estates. Was the House aware, that the,
effect of this clause would be to make these persons
forfeit the estates so purchased ? If aware, would it
be so regardless of every principle of law and justice'
as to consent to the proposition—(hear.)--Reverting.
however, to the law of Parliansent, he observed, that
he had been looking into authorities to see how that
law stood with respect to the circumstance to which
he had recently adverted ; and he found that the
House of Commons had rejected amendments made
by the House of Lords, that were much more re-
motely connected with the privileges of the om-
inous with respect to money regulations than this
clause, by which Alien duties were impo..ed. Thelast
precedent in Mr. Harsell's work, was in 1794, a her.
the Ilause of Commons threw out a Bill returned to
them by the House of Lords, for regulating the dis-
tribution of rewards in cases of felony, because the
House of Lords had diminished one of the rewards
of forty pounds. The House of Commons rejected
this as an interference with their privileges.--(hear.)
But how iuferioe an interference was it to the pm-

smr, in which the House
individuals ?—( Hear, hear,
of Lords made an Amendi
them from the House of C
hvt Jail, which Amendmi.
Horsham Jail should be rep;
ner as other jails. On thir
by the House of Commons,
imposed on individuals the
was one of the most importAl
of Commons, and one Avlii
guarded, to originate Mon,
ceive that the pre.ent was a
lege ought to he strongly ai
ing the Stock of the Ban)
one of many Acts in whit!
to Aliens the advantage ,
Service by Aliens in the F?
dente of Aliens in the Col
were by Acts of Parliamei
on them the privilegi.s of
Noble Lord, in justification
ratter of the clause, had ref
actions against the Cttrgy '
pended. He (Sir S. Romi
that Act was altogether

were circumstances—which
it ; but at any rate it ought
was not passed without hi
was to be affected by it.

occurred to many Honoural
to that Act, that it would
in a Ease like the present.
themselves of precedent al
Lord and his colleagues
invade and destroy the
(hear, hear)," Sir, (said
mow what course the 19

this subject, although I c.
that course will be ;—a cot
to the individuals more in:
utterly repugnant to the
proceeding. Deeply inrol
in this question, yet as 11
probability be prorogued
fear its last act will be at
Such will be a fit close

proc.ceor.gs. Anrehent
very kn• hours of t!'e

existence, before tie mo

lel us recollect for wh.t
Lc: us recollect that we
for the first time in the 11:

suspended the Habeas C
profound peace. Let Js

tiding Parliament winch

niste; with the autherit
pension, in expectation..

'anted; they 'would call

render it into their hltru!

not do, altho4ll they
that the necessity for :t

ceased to exist. Let us rt
Parliament whien conrei

ty's :Ministers to the abu

of which they had been g
authority vessed in them,
ars the same Parliament
inta the grievances stated
and memorials with whirl
we turned a deaf ear to
pressed—that we even at
sufferings. Let us reco:
Parliament which sanctioned
formers by the British 6,
Government, once so ceh
honour, into a condition b
of the ancient French poli
we are the same Parliament
suing of a Circular Letter
Country, by a Secretary
hold persons to bail for
was found. Let us recot►.
Parliament which sanctioned
'opinion of the King's
King's Solicitor• General,
us recollect that we are the
sanctioned the shutting of
pitable nation to unfortunai
persecution in their own
we have done ; and we at
present most violent and •
coar successors may be I

that this country may nein
as regardless of the liberti
and of the principles of

liament h 3; been!!"—a
some by loud and cox

Lord CASTLEREAG
he had mentioned the sub
Act which had been solid
Learned Gentleman, but

privileges were enjoyed sr
The ATTORNEY-GE:
of the Honourable and Le
cause the capital of the
various times been inerea/
Parliamer.t, Aliens deri,

from the English Acts, and
They derived those right
Act of the Scotch Parliami
and on the Scotch law alt
with respect to the law itsi
was contrary in its regal:
ciple of all naturalization
try : for it was without at
either to religion, to co
comstance. The Natu

serving for certain peri,

residing- in our infant Cols
that those Aliens shout.
that they should tindergt

respecting Aliens in the-C
residence of seven years,
of allegiance. Not so the
of whatever religion, frc
world he might come, rr
certain quantity of Bank
last Act at so small an e,
come naturalized. In tb
of Pat li.unent passed to

served three years on boa
a special Proclamation f
for that purpose. Even

required.ceriaiugnalifio
at the Preambk vi the Si