Star.
London, England, 1810-12-28 00:00:00

4„,7 p !, 1) :T. "05
*yr.'

;44. ts:

:

tied their procrastinating course; ;bawd of being'
now as it, were I.iyinit first stone for their pro-
ceedings, their Lordshipi. might at this moment.
have been under a Government capable of discharg-
' in:, all the duties' of royalty, and providing for the
safety of their Country. It was yet in their power,
if they proceeded like men anxious to perform the
business t, which they applied themselves, and not
to take a course pregnant' with delays—it was yet in
their power to proceed as quickly by Bill as they.
could by Address. For even by 'the Address move."
by his Noble Friend, the seeds of future debate were
sown, and must come to be the cause of delay in the
passing of that Bill, without which a regular and
efficient-Government could not be established. Much
had been said on the subject of analogies ; but for his
part he would not be so ungracious at (his late hour,
to detain their Lordships with an-enumeration of pre-
cedents which had been again and again stated, and
were familiar to their Minds. None of them boasted
.of any' novelty; and he would, therefore, confine his
observations to the only one which was adduced by a
Noble Lord, and seemed to bear upon the question
with more force than any other. This was the proce-
dure in. the reign of Henry VI. by which the'authority
of Regent was substantially conferred by Parliament,
and wtthobt the' consent of the Sing, then an infant
in the cradle. In both cases, this precedent was in
point ; but it must be observed, that in both a Com-
mission was made out giving authority to act for the
King in Parliament. It was maintained to be a gross
violation of the kingly power and of the first princi.
pies of the Constitution, to forge the King's command
and issue orders without his authority. If this were
true, then the same principle applied to those Com-
missioners in the reign of Henry VI. and to any one
who could be appointed to give the King's consent to
the Bill consequent upon the Address. The King's
consent, which it was necessary to.have, they could
not obtain, and they were therefore reduced to the ne-
cessity of performing an act without it. But was the
difficulty less in the one case than in the other ?—ln
the one they gave the Assent themselves by the as-
sumption of the Great Seal—in the other they ap-
pointed a person to give it. In both, to follow the logic
of hii Noble Friend (Lord Holland) who displayed to
them what logical arguments an Oxford education
could produce, they acted upon two legs, but the diffi-
culty was in the choice of the third. In the one,
they called in the Great Seal—in the other the Re-
gent who derived his authority solely from them.—
His Noble Friend might perhaps, recollect that there
was another species of logic which was called- argu-
ing in a circle, and this latter mode appeared to
him to be a strong example of it. On the other side,
it was thought the Great Seal would sanction their
proceedings, and ordered it to be put to their Act.—
Passing by the precedent of Henry the Sixth, he
would refer to the Revolution. He did conceive that
there was no one point more strongly fixed on his
mind than this historical fact, that at the Revolu-
tion, the Lords and Commons declared the throne
vacant before they proceeded to act for the purpose
of supplying that vacancy. They then addressed the
of Or.w.ge, not to become Regent, but to
•indert.tlse the management of affairs, civil and mi-
litai y. It was stated as a dubious question, whe.
titer they called on him to take any share in the
Legislature ; but this dubiety was removed by
the words of ;be Address, which requested him to
take the management " until further application is
made by us e the Parliansedt then sitting. This
proceeding was in direct contradiction to the mode of
Address now proposed. At the Revolution they did
not create a power co-ordinate with their own first,
and then proceed to legislate. They gave the civil
and military management, till the Lords and Com-
mon.; should otherwise provide for the deficiency in
the Government; and the Prince of Orange, in con.
sequence of this power intrusted to him, did not take
any part in the Legislative authority. Indeed, the
question was afterwards debated, whether he should
be called to the Crown, or whether he should be ap-
pointed Regent, or whether another form of Govern-
ment should be established? The Lords and Commons
first declared the Throne vacant ; and they did net use
the Great Seal, for two reasons—because it was impos-
sible; and, because it would havebeen in direct contra-
diction to the principles on which they acted. It was
impossible, not for the reason he had heard of, as
assigned in another place—it was not on account
of any river, or the absence of a mateiial that
could be supplied by a silversmith—but it was im-
possible because this silversmith's work wanted the
sanction of the King in Council, without which it
was worth nothing. As James 11. had forfeited
the. Crown, how could a Great Seal be constituted ?
And even had a Seal been found by accident, it
would have been most absurd to use his Seal to the
Act declaring that he had forfeited the Crown.—
But did the same difficulty now exist, when they were
called on to provide for an exigency arising out of
the King's malady ? No, their duty was diametrically
and fundamentally contrary. They (at the It( v3lu-
tion) had to fill a vacant Throw ; but what was their
duty at this moment ? The consideration of this
point led him to a view of the Constitutional Law;
on the subject. He knew no branch of the Admini-
stration of the La* bat what depended on this prin-
ciple, that, though the natural capacity of the King
might fail, his politicarcapacity existed for ever with-
out interruption. On this principle it was, that writs
in the King's Bench supposed that the Crown pre-
sided there in person. It was the same with re-
spect to his presence " here" in Parliament ; and
in every part of the Law, the same doctrine inva-
riably prevailed, and nvas the foundation of most of
rthe proceedings. The attributes by law applied to
Majesty could be understood on no other grounds,
for it applied to the Monarch's natural capacity, they-
were blasphemous. But with regard to his politi-
cal capacity, they were very easily to be reconciled to
sense. Thus übiquity was an attribute of the King.
Another attribute was, that the King could do no
wrong. In fine, this principle pervaded the Consti.
Union ; and a King, labouring under disability from
infancy or mental malady, still in a political capacity
must be held to reign over the country. This was no-
torious to every one ; and in both casesof Henry Vi. the
authority of the King was expressly so stated. It Was
on this principle that the state of things existed in this
country. They could see no alteration in the Courtt
of Justice at this moment, though, in their records
they must see that the fountain of justice was sits.
pended. Why was this, but because the political ca.
pacify of the King continued to exist ? Because he

• e;
, • ".•".
teok argnment, he waltdd
not be *might to be defending theses betrayers--
those who, in the absence of the natural capacituhad
usurped the power of the Executive Authority, which
was a most flagrant offence, before unheard of in the
history of the country, and destructive of every prin-
ciple of the Constitution. But what he had advanced,
in his opinion, proved, that no legal act could be done
under-any other name than that of the King, whose ,
political capaiity continued, and that no such Act
could otherwise be done by Minister, or even by the
King's Son, the Heir Apparent to the Throne. It
could not be done by him, because the Bill .must be
confirmed by what was recognised by the Courts as
an act of the reigning Monarch. His Lordship said,
he did not think that these legal fictions merited all
the obloquy thrown upon them. In every system of
government—in all countries—in all codes —legal
• fictions were found to be absolutely necessary ; civil
law was full of them; and if ever they were departed
from, arbitrary law, and decisions according to tem-
porary circumstances must usurp their place, and in-
troduce injustice, disorganization, and confusion.—
They contained nothing intrinsically wrong. and did
not deserve the censure applied to them.—The Noble
Baron briefly recapitulated what he had advanced on
this head. The act now called was the reverse of
filling a vacancy, and every subject could know of no
other course of law but the King who reigned.. Tho
Regent was constituted by the Bill, not by the Ad-
dress ; and on his conscience, he believed a Bill in the
first instance to be the best and most eligible mode of
proceeding. He adhered rigidly to the case, and held
that what necessity created necessity alone could limit.
He would not detain the House, except-that his obser-
vations had hitherto been on the Sd Resolution, and
he would wish to say something on the second, which,
if they adopted, they would declare that it was their
exclusive right and ditty to provide for the Executive..
When the Noble Earl (Stanhope) announced his in-
tention of moving something similar to the previous
question, it had his perfect concurrence ; but unfor-
tunately the Noble Lord was diverted from that
course. Twenty-two years had elapsed qiace he was
seriously of opinion, that the measure should be car-
ried into effect by Lill. A doubt arose in the mind'
of a great Statesn' an ( Mr. Pitt) although not eresst d
by him, whether his Royal Highness the Prince of
Wales was entitled to become the Regent? but the
question was fully discussed and determined, that
the Prince was_ ve,: -.I with the, right, although the
Right Honourable Gentleman had disclaimed his
intention of making, i; a matter of dispute. But in
the present instance as assumed a new drape—net the
rights of the Prince of Wales, but the assumed right
of Ministers to the Royal Prerogative. It right de-
volved on any man, it must be on :lie Prince. If he
voted for that Resolution, it would be to disclaim the
rights set up by Ministers, and to declare that they had
violated the Constitutiote The Noble Earl (Bucking.
hamshire) had asked, would i, wt tend to great mis-
chief if doe army of Portugal was n t reinforced because
the executive power was obliged to bi dispensed with ?'
He would answer him, if he was a Minister, and the
necessity occurred before the meeting of Parliament,
he would take the respinsibilny s it.himself, although
he knew it would be illegal—but it that necessity oc-
curred
one day after Parliament met, and he took
upon himself the responsibility, he would consider
that he had made an innovation on the Constitution
which he could never repair, for it would be taking
from the People and the Crown their Rights. As
to the declaration of the Learned Lord (Camden),
which had been so ably handled • in the course of
the night, it came to a simple point : He declared
that a great calamity had silenced the action of the
Executive Government— but he did not inform them
what form would be necessary to put it in re-action.
—His complaint against the present Ministers was,
that they created the necessity, and afterwards told
I them they would come for a Bill- of Indemnity to
cover their usurpation, not only in breach of the
• Kingly Power, but that which tied the Constitution
together. They had ventured to arrogate to them-
selves the custody and care pit his Majesty, even con-
trary to the feelings of the Royal Family.—(ifsar,
hear.) They would give the Prince of Wales custody
of every thing but that woich human nature must
• dictate to him to be most careful ol.•and pay more.
attention to, the person of his olajtsty - ( Hear, hear )
—What were the men that had made such a prop-
sition, as to remove the care of the Father from the
Son ? He could see n:ithing in them.; yet he was told
to look on them as the Sovereign Power, and that
they ought to have charge of his person. The law
of the land said contrary, for if an application was
made to the Court of Chancery, it would be adjudged
• that the nearest relative should have the care of the
hinatit--,-(llear, hear.) And with great satisfaction
Ithey had bein told by the Noble Lords opposite, that
they would be responsible for every thing they had
done or would do. He assured them they should be
so ; that they should not, by a Bill of Indemnity,
gained on Parliamentary influence, go unpuniabed.—
They had assumed the command of the King's army
—they have ordered reinforcements to the Continent :
suppose they unwisely should f ail, they could not bring
the Commander to an account for his comrnission.—
The onset was illegal, they had not only infringed
upon the prerogative of the Crown, but upon Parlia-
ment itself, for they had undertaken to contract with
the whole distillery of the country, which con-
tract could onlyi be carried infoi execution by Par-
liament. It would not be attempted to be said it was
a mere assurance, that they would use their influence
in behalf of the distillers in Parliament, for that use-
ful set of men could not act without they were fully
assured that they were acting legally ; this they must
have had in positive terms from the men that asked
their Lordships for the dominion wer one million and
allialf of the King's revenue. (Hear, hoar,)--If their
Lordships ever agreed to an act which would give
them such power, they would deserve all the indig.
nation the country could pour on them. ( Hear, hear.)
The LORD CHANCELLOR said, that in the
year 1788, he had the honour of a seat in the other
House of Parliament, and on the most mature reflec--'
tion he supported the Resolutions which were so ably
urged by the. Noble Earl of Liverpool as a precedent
for them to form their present proceedings on. His
Lordship took a general review of the arguments
which had been so ably urged on both sides of the
House, and said he was convinced that by Bill was
the only legal mode ta proceed. He wished those
dignified persons (the Royal Dukes) whose welfare
be had so much at heart, would read the debates

it, • 1.,;(1 I
irben Saws It. evacuated the throsstb; the c
declared vacant, and the Great Seal in the bostcial
the
,Thames.; be would.tell them that when theme az
4nstwhtenhe the me
was declared vacant, the ,Great Seal wart as well the
as any where else ; for if it was not there, the peq
holding it being merely:l,aueesdervagaani
departed, his occupation was .al.O lost. lie tlies
quoted the attainder
Norfolk, of the 53d of Henry Eighth, who, notbeic2
in sound mind, or in confusion, affixed the Seal !
the wrong part of the writ, which was declared
afterwards by the Twelve Judges to be of no avail, as,
in fact, it was not executed by Henry VIII, but wicks
his consent by one William Clark. It was necessary
for Parliament to promptly supply the deficiency that
was in the Executive ; and the precedents of 1788,
and 1789, was sufficient for them to ground their
proceedings on. Some allUsions had been made is
what he had stated oa the first night they had rnetoa
this calamitous occasion. He. would assure their
' Lordships that he had not advanced a syllable that
was r(bt justified by the report he heard front the phy.
sicians, which was afterwards verified in their exatai.
nation before the Privy Council.

Lord ERSKINE said, that he had listened atteedvely to at
the arguments that had been advanced by the Noble Secretary„,
State, and also to those which had been urged by his Noble truzi
near him (Lord GrenviUe). In the justness of most of theposiiiGu
laid down by his Noble Friend, he concurred.but in the inlet-ewes
which had been deduced from those positions, he could not le
readily concur. he case of the Duke of Norfolk's attairdee
peered to his mind to admit of a very different construction froze
that put on it by his Noble and Learned Friend on the Woolsack;
was considered as null and void, which proved that Seib red
signets were nothing unless wheo affixed snediatelyor human.);
by the Crown—unless the effect of the Royal sanction cinbe im-
parted to them. The question now was, how was that effe:t
to he given ? Many precedents bad been cited by the Noble
Lords opposite, but not one of them was a precedent to di
that which was proposed now to be done. [llse the Noble Lett
finding himself unable to proored in consequence of a sudds
bleeding from the nose, was obliged to sit down.l
'I he Earl of LAUDERDALE, after expressing his pat re.
gret for the sudden ind:sposition of his Noble aid Learned Frier!
(Lord Erskine), which deprived their Lordships of haute: tie
question elucidated in a manner that was wholly the Noble Ldrds
own, he entered fully Into the arguments that bad hen tatted
on both side+ and concluded by saying be would vote for Lk
Amendment.

Lord REDESDALEsupported the meesure of proceeding by
Lord HOLLAND spoke in expLnation, and asked the Earle
Liverpool if it was his intention that, supposing thearscnotions
were agreed to, whi.ther it was his intention to have the Report
brought up to-morrow, for if it was, it was his (Lord Holland)
intention to rnove,tol firma, the same amendment that he bid
in the Committee, to give hint and other Nobk Laden
tunny of entering a Protest apitist the measures peupeled 17
Ministers.
The Earl of LIVERPOOL said, the Report would be insight
up at the usual hour of the House meeting to-morrow.
Lord HOLLAND, across the table, asked Lord Liverpool, if
four o'cl‘ek to-morrow would not be convenient t He was an-
swered In the affirmative.

The Marquis of LANSDOWNE asked Mialsters if k was
their intention to adjourn the House after to-mactow for Aare.
cess, or to continue sitting ?
ke Earl of LIVERPOOL replied, and said, that on Sam*
the House would meet for the purpose of having a conferrice
with the House of Commons. But he would that whet
they did adjourn on Saturday, it should he nattrilVeli et
dneaday
Their Loodships then divided in she Committee on the Amend.
mut, when there appeared,
Contents 74—Non-Contents,lOo,—MaimitY M.
The Resolutions were then carried, and the Repoot was an
dered to be received to-morrow, (this day.)
Adjourned at Half past Throe o Clock to this day.

LONDON.

FRIDAY, DECEMBER 28.

" WINDSOR CASTIM DICEMII3II
44 His Mmesrr has passed an indifferent nights
and is mach the same as be was yesterday."
" WINDSOR CASTLE, ORO. 28.
" Hit MAJESTY has been-rather better through*
• last twenty-four hours. (Signed)
t
44 H. R. REY,KILDR, W. BREEREIErs
44 HENRY HALPoRD, R. WILLIS."

The Nocton packet which brought the Cadiz maii,
reached Caws:lnd on Monday night, and owing to the
*heavy gales she had no communication with Fira
mouth till Wednesday morning, but the mail was
landed and forwarded the night of her arrival. She was
12 days on her pais-le—and when she left Cadis it
was currently reported that the Toulon Fleet said put
to sea, in cons...-queoce of which one or vao of the line
of battle ships that were about to depart for England
were detained ; and should the enemy push for Cadisi
they will meet with a warm reception, where they're
perfectly ready to receive them.
ScnAsriam, with his division, consisting delimit
10,000 men, had arrived before Cadiz a few days
before the packet lett, which made the enerny'sfortt
there and in the nrighbourhood, to amours: to nearly
30,000. They %;cre actively employed in throwing
up works ; but the only apprehension appears to be,
from a debarkation on the isle de Leon, as the enemy
were collecting a flotilla of gun-boats and ova
small craft, for that purpose, part of which 114
had brought near land ; but would not be alas
to get a sufficient number to make any serious im•
pression for two or three months to come.
Gen. BLAKII arrived at Cadiz by water, a few days
before the picket left, to fill his appointment nifs"
sident of the Regency.
An Expedition, composed of small craft, had at
tempted to destroy several French gun-boats which
remained. at St. Mary's. The Expedition consisted
chiefly of British, who succeeded in driving three
the gun-boats on shore, and in destroyinf them ; but
in this service, we regret to say, two British Officers
lost their lives, at well as several seamen. lliegate*
of Cadiz were ordered to be shut by the Cow .b°
had also resolved that eve" person capable of kw'
ing arms should learn tile military
exercise, and be
liable to be called upon at any period to do such
litary duty in the town as circumstances might regnig•
Left at Cadiz-441e ANN Padget, Captain 131ortow•
• Piseingers by the Name, Mr. mid hite.Wstrwooo cod Nl'
Cacao.
" CADIZ, DICtM3ER it.
" Very setistactery sews have Ikea received fruits the
vise• of Granada. An *lemmatise shear sr maw Ms Pha
plan there spins sbo Meek, who *caw thin province will 4
torus d 13,000 owskood who hate aim shags. in Mais:,a.
AMOTHIR UrITER. SAME DATE.
" The enemy bee been Ling epos its Orin some er
the test•
series coestructed epee beats, labia time earmd ittod in"
St. Lucite to the dyer St. Peter. Platforms woe tarn! rpm
them. %Audi belststetisid abe batteries sourish fret, sad lry tog
woo they have eseterded In theorems their 114 ir"'",ll7i;
gorda tom the very ditches of CUM& In Cenlel":"" tab
sudden attack the gata of ibis pines were of arr. .1 to be bee
shut, and nu prison is pereseted to pass but on I.usit.e4..
14 Orhastiant is arrivirJ .1 Aigrettes with 4.oo4____ten•

••••••
I.ON in)" enrfed a.tJ ~übbsisid by i .r.% t.l. K 1 .•
ST•a•Orrisse, Teniftps &id 1/.. 1, Carrwoll•