The Statesman.
London, England, 1822-07-20 00:00:00

ALIEN BILL.

Mr. Secretary PEEL moved the third reading of the
Alien Bill.

Mr. BERNAL opposed the motion. He considered
that the argumentative and convincing speeches of his
Hon. Friends upon this subject, prevented the necessity
of his coing into detail, but there were a few observa-
tions which lie was extremely anxious to submit to the
house. There was one speech delivered on the oppo-
site sldc which he thought deserved particular atten-
tins. He meant that of the Right Hon. President of
the Board of Control. That speech contained senti-
ments which were quite at variance with the conelmions
with which it terminated. The Right Hon. Gentleman
expressed his wish to encourage rational liberty, yet lie
supported this Bill, which went to repress it. He (Mr.
Bernal) considered this Bill to be unjust, impolitic, and
unnecessary. He proceeded to argue that no necessity
existed for the measure, because a filinister might expel
an Alien found plotting against the relations of amity
between :his and any other nation, upon his own re-
sponsibility, or upon application to the Foreign Minis-
ter resident at this Court, of the nation to which lie be-
longed. It was impolitic, becanse it might hereafter
submit the country to demands from more powerful na-
tions that might grow up, which would depart from its
welfare and dignity. Our ancestors had always afforded
free protection to persecuted Foreigners, and it would
be a stain upon the country, as well as an injustice to
such persons, if the Bill were passed. •

Mr: WETHERELL said that be would undertake to
prove that the law end the principles of the Constitu-
tion were, on that point, the very reverse of those laid
Jun•n by the lion. Member for ainaresborougli. The
Member fur Westminster, having cited a passage
from lr.Justice Blackstone, asserting that the right
contended for was inherent in the Executive Uovern-
'tient, had called that observation a Wunder. lie (Mr.
Wetherell) confessed himself among those blunderers;
and lie would, he said, still support the opinion that it
did belong to the prerogative of the Exe.mtive to expel
fall foreigners from the country. It was an inherent
prir iple of the Constitution that the Crown should be
possessed of the power to send away aliens. The Bon.
Mieluher for knaresborough bad asserted that all mer-
chant 'trailers had a right of egress and regress, and
of domicile in this rnuntry, and that that nett . could
not be taken away from them except by an Act of Par-
liiment. Bet what constituted the independence of a
state? Every state reserved to it'd: the power of expel-
.

'ATESMAN.

mould be esidte be iv-

dependent of another state. By the law of nations, anti
by the constitution of civil society, every state most have
some power to remove aliens, any thatpower mostitated
the very principle of its ilidependence. No writer on
the Law of Nations lod over yet laid down, that one
state was obliged to receivis the subjects of other states.
No Jurist ever denied that use elate might refuse admis-
sion to the subject of another. The clause of Magma
aarta referred to, said that merchants might come here,
and not as ft:was stated by the lion. Member for Kama.
borough that all merchant strangers bad a right of re-
gress and egress, and of domicile in this country. Ile
held that a power always resided in the Government of
this country of keeping away strangers, except merchant
strangers, from this country. He contended that, if the
Government had the power. of restraining natural-born
subjects from leaving the kingdom, it would be strange
that they should not have the power of preventing aliens
from cawing into the kingdom. The Learned Geet. pro-
ceeded to argue that the writ of Ne e.reat regno was is-
sued and capable of.beingissned at any time by the Crown.
He quoted Fitilierbert, Dc Ncriara Brerions, and an-
other ancient writer, to support this assertioo. The
principle .wm recogabsed in a case of a merchant ; in the
case of the Duchess of Suffolk; and again, in the case of
Sir Thomas Dudley. lie came this to the time of Geo.
1., and cited the case of the Duke of Wiartou. where
the same power was exercised by the Crown. Thus the
power of the Crown was exercised preventively against
natural-born 'objects, but compulsively against aliens.
Lord Hale, in his Partin de Portiankarir, incpsirinie
about the power of the Crown, alluded to many cases in
which alien persons were prevented from entering the
kiagdom. He could not iiad instances of the exercise of
this power before the reign of Queen Elizabeth. But
thip abase. anises was no proof that the power did
ant *et. He next alluded to an instance in which the
power was exercised. When the I lugonot Refugees came
this country, the French Minister claimed that they
should be sent back. The Queen desired her Ministers
to remonstrate with the French Minister and to sat that
she would not send theM away, that this country was
an asylum for such persons; but that, as soon as they
were found committing any act against her Govern-
mint, theta they shook! be retuovel—(Cheers from the
Opposition)—He understood the nature of this cheer ,
but be was arguing that the power of sending aliens out
of the country was.recoguited and claimed in former
times,and he apprehended that this was a case in point ;
because, if the power did not exist, the answer of the
Qammusenid bare been. "life have not the, power of
seudissicem away—they are here of right.' Sir W.
Black e. the late Chancellor Rosslyne. the late Mar-
quess of Lansdowne, and the present Lord Chancellor,
were also authorities in favour of this power of the
Crown. He further quoted the argument of Mr. Her-
grave. in opposition to the doctrine of the lion. Gentle-
men on the other side: -After alluding to some other
authorities, the Hon. Gentleinna dee! -.red that he would
consider the Alien Act would be abused if a foreigner
was removed, unless Ist case his presence was injurious
to the State—and that, even if the French regicides came
over to this toiletry. there could be no reason for med-
ia, them away, unless they committed some act
injurious to the State. The lion. Geetletnan, alter re-
capitulating his argue Bata, concluded by stating his in-
tention of voting iu favour of the motion.
Mr. DENMAN paid, that after the full discussion
which this subjectitad undergone on (muter occasions.
he feared the patieu‘e of the house was exhausted ; but
his objections to the Bill were so strong, that he was de-
termined to oppose it down to the last stage. His Hon.
and Learned kriend, who bad just sat down, had shown
the prerogative of the Crown only by inference and im-
plications bat. in support of a power capable of pro.
(lacing such distressing effects, nothing could with pro-
priety be admitted but authority the most unegnivacal
and direct. Aliens had a right to possess personal pro-
perty., to sue for debts. and for damages in consequence
of injuries done to their persons or their property ; and
it appeared inipt 'Ale to suppose that the law which
gave these rights and these privileges, gentile Crown
the power of rendering. them nugatory, by driving the
object of them out of the country. The power had been
denied by Mr. Fox, had never been asserted by 31r.Pitt,
and had bees declared by Mr. Burke to be fit for exercise
only in a state of things which were equivalent to war.
There was net a word in any one of the ancient statutes
which referred to such a power. On the contrary, he
found that it was conceived necessary in the time of
Henry VIII. to pass an Act of Parliament, enabling the
King, by Proclamation, to send away the people called
Egyptians. He should not further discuss the question
as a legal one, but should address himself to the Bill
as it was now presented to the house. The prin.
cipal ground upon which it was supported was,
that the power given by the last Bill had not been
abused; bat although many. cases of abuse might
have existed, it avas almost impossible to bring them
to light. Indeed, one of the soundest arguments,
against the Bill was, that it gave a secret discretionary
power. From its secret nature it might be abused even
by mistake, a. was the case some years ago when a man
was sent out of the country in consequence of a mistake
which had been fallen into respecting his name. It
might he an instrument of terror although it were not
acted upon. In proof of this, he had only to refer to
the case of Marietti, the banker of Milan, whirls occur-
ed during the trial of the late Queen. Its effect might
be most dangerous upon the minds of Alien Jurors, for
they would go into the Jury box under the influence of
terror. Ile was not saying that these fears might be
just, or that the Government would be disposed so to
abuse their power, but the mischief would be complete
if the minds of the Aliens themselves were disturbed.
Bat, once more lie asked, where was the necessity for
this Bill ? Discretionary pqwer might, in many caws,
be desirable, but it should always be given with caution,
and never without an overwhelining necessity to justify
it. He should oppose the Bill, because he conceived it
to be unconstitutional, impolitic, uncalled fur, And no-
juVt. - •
Sir R. WILSON strongly opposed the Bill, and ad
tinted instances to sbew where it had been mischievous.
Foreigners had been sent out of the country upon the
evidence of the most worthless individuals; and out of
the country the same feeling Lad produced the most
absurd effects. It had been refused by Sir H. Lowe. that
the coffin of Bonaparte should be inscribed " Born at
Ajaccio, Ist August, 1769 ; died at St. Helena, sth May.
19.11."—The Hon.Slember contended by stating,that he
felt pleasure in the idea that a motion would be intro-
duced for the repeal of the Bill.
Colonel STANHOPE supported the Bill. He felt
convinced that no person would object to it. who bad
not done something wrong in his own cortaky. He
wools! beg leave to ask the lion. and Gallant Gentleman,
by what law lie had been banished from Frame?
'Sir It. WILSON replied. that the lair by *bleb he
had been ordered to leave Fraeleammi the iiolation of
the Treaty of Paris.
Mr. SCA KLETT said he should always, as a lawyer,
deny the prerogative which bad been contended for by
Lhltua e supporters of the Bill. Th• eases which had been
rred to respecting the writ of se crag :TVs°. were
ea of Clergymen, whe, before the. Reformation, were
forbicldeo by statute to quit the kingdom. In toodern
times the writ was used solely for the advancement of,
jostles between party and party. Ursa the question of
intio
general polio of the vomiter, be soould only say that
nothing bad -raid to satisfy him of the propriety of
giving anti tell ismer to a Secretary of State. lie-
'possibility bad been talked of ; bat 'Were was 'cereals'.
responsibility without Liablicity; a d a Secretary of

State would be a perfect dolt, who were se
the Hills* to expose himself reepoasibility. Ile
bound to say, that be did net believe it was intended
to abuse the Hill; bat he looked with jealousy to e••-
demand bye Minister of i eereau to his power.
Mr. LOCKHART opposed the Bill.
Mr. PEEL, in @splenetic*, observed, that it hLI 1
sail the Abbe Buena Vista was hardily treated, bt
would appear that indulgeoce had been extended
wards Wm. When the Abbe arrived its this country
*tressed a wish to be sent to Rotterdam. On the.'
et May, the Inspector of Graveseud reported, that
Abbe linens Vista, in consminenee of ill health, rsy
snore than culinary indulgence. The next day
Sidmoutb directed that icdulgence should i
forded to the Abbe, who was sent by his own Y. i
Rotterdam. It was therefore clear :hat Ise was
treated A 1 itb unnecessary severity.
Sir R. WILSON said, the explanation was not :s
ewer to his objective. The Abbe Nona Vista w..,
allowed at the age of 70 ears to lauil in this :tome:
He was not allowed to go to the Mediterranean, but
told he might go to llollansl or liambergh.
31r. PEEL replied, that the application to go to
terilam, cause direct from the Abbe himself.
Sir R. WILSON had a letter in his possession
the Abbe Iluona Vista, it Web gave aititfecent view.
transaction. The letter be banded over the table t
Peel for his perusal.
The House then divided—
Fur the third reading °film Bill, 75 ;—Against
—Majority for the third reading, 4d.
On our return to the Gallery, we found. Mr. I.
aortix moving au amendment to the pre:usable of
Bill, to this effect:—" That it be intitnled a Bill to r,
peal so touch of the great Charter, and of the aerie:::
Statutes, as give free ingress and residEnte to foreign
soerchants, and others in these islands. and to ae•in
in that respect the free government of this corm:
the despotic governments of the vontinent ."
After a few words from Mr. PEEL, tbeionse
whets there appeared in favour of the
Ayes, et—Noes, 20—Majority in favour of the lti.
The other orders of the day were Co:7s :li-,;:osed
and the house adjourned at twelve o'cioch.

PalIC 310XET.
In our Report of the speech of OUMANN:
Weiiseedayxnight, in reply to Mt. Citnac!eii as.erti,
theJeVe. Prize Money, the name of Stup!t t alt w ts
warmly mentioned int'ead or Stciler./. 31r.
manney chewed that Captain Edward Stovford
right arm was shot off in the siege of „1473) had
unjustly treated, in respect to the nvi;.re of
Prize Money ; as in another instanc,, coite sire
Captain in the Navy, being asuprrnomeraty, Ins
had served by order ef the CoMmander in Chief al
siege of the Isle of France, bad shared Liz ft:tl p.m
of Prize Money, while Captain Stopford, An
was allowed only the share of an able seaman, or if
ninneraryt and therefore the Hon. Gentle:not prei
against the assertion that no complaint vvas malt
arrangement of the Java Prize Motley.

DIARY FOR TRH IiNSULVO ;VESA.
WITS Tna TOILS Or IBIGH ♦T LONDON-DR

Jaly RI, S.—SEVrNTE SI'\D•Y ACTEII TarciTc.
Ilixh water—wora. J 9 m. all. 3; CYta. I in. al!.
. .

M.—..llapdalcm.
High stet—morn. 31 ea. after 4; men. LS m. ar,
ge, T.—tiJn rises, 0 ea. after 4.
High water—morn. 5 ta. gar: 5; even..}3 m. after
34, W.—Day IS hours id mitt. lona.
High water—osoru. 40 m. • rter 5; evon. 59 z. aro.
fig Th.—Sr. Jssiss.-13t.t It. C‘xzt. b. M4ON Fils:
AT I I ac►N.
High water--mot
to, F.--St. Anne.
High water—morn. o. after 7; even. ri to. an
47, S.—Sun sets 49 min. aft. 7.
life; weer—worn. O ; even. 31 tn. art. 9.

20 ra. after 6; even 13 m. alli

We understand that la consequence of ele
_ .

tiuo in the price of Malt, Mr. ens PNI VI, of *he It ,r-
-nigge Wells Brewery has determined to matte Lis Are.
Table Ale, and 'f able Beer of such superior quality 4C
will enable him to defy all competition. When we con-
sider the importance to families of posseseing a beversie
free from the noxious ingredients usually employed in
the composition of that necessary article, we cannot
be surprised at the extensive patronage he so desers•
edly enjoys. Such patronage we hops will always
be given to meritorious individuals who prefer a meal)
prOlit and fair name to the risk of Jestroying the health
of their fellow-creatures by a wicked and unfeeline ra-
pidity. To satisfy the most fastidious as to the fren.tine-
oess of his articles, Mr. CHAPMAN snakes hall-yearly the
following affidavit.
" RICHARD CHAPWAN, of Ilsrigge Wells ItreweTy.
Table Ale, and Table Beer Brewer, maketh oath ref ,3:74
that his Ale, Table Ale, and Table neer, are bren e from
Malt sad Ito ps only, and that Its newer has, nor ever u.
permit or sutler auy drugs or other utjorlons inurct!i.•;l:s o
be used in his brewery. " (Ties.;
" Sworn at tho Mansion-noose In the City of Lon.;)1,
March 2b. before me, Alsonav, Mayor."
N.B. Orders executed for Ready Money.—All letters
must be post-paid, or not received.