The Statesman.
London, England, 1818-01-29 00:00:00

THE STA'rESMAN:

. _
• - PARLUIIIin
110USR OF' LORDS, Jim NI.

Ha proceedings which bid taboo place In Scotland ?
A dreadful oath. an, °alb whisk wit, 80e It to be
publicly stated, it oilfield, bad been'likinib (bat
___..

The Bishop of Kildare and the Duke of Northumberland
took the oaths mot their watt.
A perwm from the Rolk-nsee presented the enrolment of the
Leiters Patent eliptlen to George Hearer Ro.e..E-4. the mice
of Clerk of Parlidera& in rewritten. It was kid on the table.
The Earl of LI V ERPOOL Mid on the table enoies of the
Treaties between Ms Catholic Majesty and his Britannic Ma-
jest, respecting the diseomiolsanee of the Slave Trade by the
sehjeeis of Spain.
REPEAL 01 THE SUSPENSION OF THE HABEAS
CORPUS.
Lord SIDMOUTH presented a Bill for repealing
the Act passed in the last Session of Parliament, to
empower. his Majesty to secure and detain persons
suspected of conspiring against his Majesty's person
mad Government. Having read the title of the Bill,
his Lordship mowed that it be new reed a first time.
Lord HO-LLAND rose, but, on its being
mated that it was intended to pass, the Bill through
ail its stages that night, he said he would resew
• what he had to Say for the third reading.
The Bill was then read a first time.

country. Ministers, it was asserted, had the fallen
evidence of a most extensive conspiracy, but which
evidence they did not choose to disclose. -Well,
their Lesr-olficers proceeded to try these ennspira.
ton and oath-takers in Scotland. At first, their in-
dictment was wrong; a new indictment wss preferred ;
bet, after all, they failed in proving that soy illegal
oath had been taken. None of these proceeding's
afforded any appearance of a necessity for the mea-
sure which Ministers had recommended and which
Parliament bad been induced to adopt. But the
Noble Earl (Liverpool) had declared that be was
ready to prove, not only that the meanie was justi-
fied by the state of the country at the time, but that
It bed been productive of the greatest advantages.--
That the country was in better circumstances now
than last year he was happy to believe; but what-
ever improvement had taken place, certainty was not
owing to the Suspension of the Habeas Corp*, Act.

After which, on Lord SIDMOUTIN motion, the Wer;the truth of ihisassertion ofklinisterstobeadosit.
Standing Order. No. 36, relative to the progress of ted by their Lordships, there would be no longer any
Public Bills was read and suspended. security for personal liberty. On say future occasion,
His Lordship nest moved the second reading of when desirous of obtaining en undue incresseof power,
the Bill be had introduced for repealing the Habeas if they could persuade Parliament to suspend (be Ha-
Corpus Suspension Act. • ..-. best Corpus Act on ex-parie evidence, they would
Lord HOLLAND. though he certainly did not have nothing more to do, supposing the state of the
rise to oppose the motion, could not avoid
.saying a ceentry to terve from other causes, improved, then
few words en the circomstances which had led to it. to come forward nest year and say. You see whet
His Majesty's Ministers had dwelt on the difficelties advantages have been derived from following oar re-
they had experienced from the dangerous situation of commendation. On the contrary, if it abroad hap-
the country, and he was ready to acknowledge that, pen to be followed by discontent and distress, Mini.
in the proposing the present measure, they had done sten would thereby acquire an argument for prolong.
more than he expected from them : but whatever ing their undue authority. They would say, You
might base been the difficulties of the times, the Bill see now the measure we called for was necessary,
which was-now about to be repeated, he would as. and that the Suspension of the Law must be coot:J-
aen, bad been one of the greatest calamities the need. Nothing, however, colifiteicuse socks-mew--
country had experienced. Last year, Parliament sure, bet an evident proof,of its necessity, founded
bid consented, ots the representations of his Majea- on a full and impartial ievestigation. last Session
ty's Ministers, supported by erroneous and item. their Lordships had heard much of blasphemous
fect evidence, to sanction the measure they were bow productions, but had these productioni been 'poi
shout to give up. Their Lordships had then allowed down by the Suspension of the Habeas Corpus Act ?
themselves to be surprised into a course, on the adop. It was not said they Were now in circulation.—
tion of which it was preientled the safety of the coon. Was it the threefold prosecution which Ministers
try depended. His Majesty's Ministers had been had tried against. them, which- bad produced_ this
either actually the tools of wicked and designing effect ? This was certain—that with respect to these
:sets, or had been led away by the desire of obtain. publications, things remained in the same state as last
log undue power to themselves. Believing, as he year ; and if they were no longer • subject of corn.
.did, that the whole of their Lordships' proceedings ,plaint, it could not be airing to any measures oldie
in passing the Act for suspending the Habeas Corpus Noble Lord. With regard to that prosecution. it was
had rested upon garbled and unfair evidence, he must not his wish to say much, lest soy thing which might
state that he could not be satisfied with the mere re- fall from him no 'hat subject should be taken es •
peal of that Act, and that he thought an enquiry into vindication alb .pecies of publication against which
the grounds on which it had beets passed ought to be the prosecution was instituted. S.) far from wishing
instituted. No proceeding could have been more din. to vindicate that sort of writing, he rather thought it
serous to the true interests of the country than that ought, in point of good taste as well as of decency,
to which their Lordships had given their sanction out to be discouraged. At the same time he could not
evißenice so totally imperfect. The right which had help saying, that these prosecutions bore such marks
been suspended, be wished to remind them, was not of hypocrisy as be had never before witnessed. Was
ono which had been granted by any Act of Portia. there any mats in the country so weak as to believe,
intent whatever. The personal liberty of the People that the writer of the Parodies against which Minis.
was no concession. It was a right antecedent ter. had manifested so much indignation, would have
to any Statute, and equal to the right of their Lo:.l. beers questioned had be ridiculed persons in op.
ships to vote in that House, or to the right of the King positiost to the Government ? His friends had often
to sit at the Throne. He did n..t mean to say that bees made the subject of such satire, and yet, on
there was any absolute limitation to the power those occasions, the Government never thought re.
of. Parliament on this subject, when circumstances ligion so endangered by each publications as to ten.
rendered such a stretch of power indispensable; but der it necessary for the Attorney-General to pro.
be did say, that to iespend this right of the. eeople secute them. Ne recottected.a parody published by
was en act of as greet violence as to suspend the pre. those connected with the Noble Lord's Administra-
regetives of the Crown, and could only he justified tion, against persons in Opposition, of which the
by the clearest evidence of the most overwhelming words of our Saviour himself were the subject. Now,
-wecessity. Consistently with this view, he thought wishing to speck with all respect of the Liturgy of
'their Lordships could not let the matter pass over the Church of England, he should only say, that he
with the mere repeal of an Act which had been so un- thought it most estraordinary that prosecutions should
justifiably pasted. It was their Lordships' duty to be instituted for parodies on it, while parodies on
show, that a law which deprived the People of their the words of the Scriptures themselves were allowed
most important right, of personal liberty, was a ca. to pass unnoticed. He recollected a parody, which
levity which was not to 'be inflicted without proof, had been published in all the Ministerial Newspapers
or without some subsequent proceeding, which would of the time, against the late Mr. Paul. It was of
demonstrate to the lastest posterity, that they con. the most disgusting nature, and yet no entice bad
side red themselves pledged to guard against such un. been taken of it. When k was so evident to all the
just encroachments in future. He trusted, then, world, that the prose-cations brought against Mr.
that Parliament, when all pretence of any danger Hone bad been instituted for political 1014011, only, it
from investigation should be over, would institute was impossible far the country not to despise the by.,
an enquiry into the nature of the evidence on 'which pocritical pretences under which they were brought
the Act of the last Session hod been passed. The forward. This was en unavoidable consequence
evidence on such an enquiry must not be of the ex- which Ministers must endure ; for, in order that
parte and suspicious nature which their Lordships motives should be respected, it was necessary ebst
were induced to accept of last year. It must not be they should be truly respectable. It did not bevies*
evidence. prepared by petsons seeking power, or any Administration to inflict severe punishments en
wishing to retails it. Nothing could be satisfactory. one set of men who might be hostile to them, for the
and nothing would satisfy the country, but a fair and same kind of acts which they viewed with iodulgence
impartial investigation. A fell examination into all when committed by others in their favour. Ifs
the circumstances which took place at the passing of should say nothing more on this subject hut to 'ti-
the Act, and all which had occurred since, was what press his hope that their Lordships would agree to the,
the occasion demanded, when the liberties of the enquiry he had suggested. If s Committer should be
People had been so violently invaded. Ile trusted it instituted, it mast not be formed as that of last year
was unnecessary for him to urge the importance of had been. The enquiry, to give satisfaction, must
this right on their Lordships' minds, but he could be minute and complete. If a Committee should be
not help dwelling upon it. Ile must repeat, that it agreed to, it ought to be an open one, to which all
was the most ancient of all the rights of the People their Lordships would have access ; and then he
of this country. It rested neither on the Magna might hope, that no evidence would be permitted to
Charts, the Act of Habeas Corpus, or the Bill of be garbled or withheld, as, be was assured, cooled'
Rights, though it was reasserted in them. The Ail be proved to have been done by Ministers with re.
of 1672, in the reign of Chitties 11. by w hich, it was Bisect to the Committee of last year. Informatics
legislatively enacted, .did not constitute the ighc.-- had been received by Ministers which wooly! hart
The ancestor of the Noble Lord,, whom he now saw traded to counieract thelespressiow of other evidence
before him (alluding. we believe, to the Fir; of before the Committee, but which bad never come to
Shaftesbury), then stood op, honourably and man- their hands. This was a subject which called for a
fully,for this best right of the People, and contributed strict investigation.
greatly to that measure by which it, was confirmed. Viscount SI DMOUTH said, the *fenny pane.
And at what time was that important Act mod gyric of the Noble Lord upon Ministers was the only
At the moment when the House of Lords and Com. part of the Noble Lord's speech that strictly bore
mons were in • state of the greatest alarm from the open the question before the House. To that Iris
apprehension of plots end conspiracies. Afterwirds, answer was the Bill thenbefore their Lordships. ThS
when the whole country was thrown into consterna. necessity of the Act about to be repealed was gees.
tion by the Popish plots—whether true or false, he flowed once more by the Noble Lord. Upon that
did not at-present pretend to determine—no ides subject, be (Lord S.) would not then enter. That
was &tatted of repealing the Habeas Corpus Act.— necessity, upon a due investlgetion by a Committee,
Neither the Rye-house plot, nor any other plot, had had been recognised by the 'House. The Noble
bees thought sufficient, even in those convulsed Lord bad thought proper to assert, that interspatial)
times, to warrant the Legislature in depriving the had beets kept back by Government from the Cow.
subject of persoeul liberty. Retarnisig to the Act of mittee, that garbled evidence only had bete submit.
last Session, he' most again assert, that no ground for led to it,aod that Ministers had thus withheld or gar.
it had been laid at the time it was passed, end no- bled the materiala upon which the Committees joule
thing had 'Wee occurred to show that there was meet was formed, from design. Ho (Lord S.) knee
any thing in the state of the country which called that Noble Lord was incapable of mating any thing
for it. Where was any disturbance' or con. which he did not believe to be true. Bet the charge
spiracy to be found that could justify such a wee- which be had thus made was wholly destitate of
sure ? It wet not to be found in say of the legal foeadation. Nothing Was withheld from the Com..
proceedings which had taken place in this metro- retitlen which was necessary to its titbit a fair and
polls) or even et Derby. Did it appear in of fell view of the state of.the ceentry. Agelalt was