The enquirer. [volume] (Richmond, Va.) 1804-1815, 1808-05-27

The following speech Of Lord Erskine is
worthy OF the most attentive perusai.
LONDON, March g.
Lord Erskine rose, and in most eloquent
and brilliant speech of upwards of two hours,
O. which we regret being unable to give more
than faint outline, took a luminous view OF
the law ofnations which, he commended, was
violated by the Orders in Council. The
question, his Lordship observed, which the
House had now to decide, was one of the
greatest importance that could occupy the at
tentlon OF the Legislature-it was no less than
whether placed III that proud pre-emincnCe
on which we had hitherto stood, we should
continue that course of conduct towards ma
fions, marked By justice, honor and good faith
which had hitherto characterised this nation !;
Or whether we should now descend from
That exalted situation and declare 20 the
world, that the Injustice of France should
become general Injustice, and that all those
moral sanctions, which had hitherto support
ed laws rom whence the nations of the world
mad derived security and happiness, should
be at once abrogated and anuiledf Let him
not be told upon such question OF the order
IN council of the 9TH of Jan. and that that was
justification OF these orders; let him not
be told OF what the preceding administrator
had doDe-let not any such argument he adj
Vanced. This was not a question between
two Administrations question between
administration and the public, between them
and the nations of the world-all of whom
anxiously looked to the decisions of that
house and of Parliament upon this moment
Gus subject. Two of the resolutions he in
tended TO propose went to the point, that the
power OF legislation was vested exclusively
n the king, by and with the advice of par
Iament; but that the King had no right in
council, to alter oi' suspend Any Law, except
IN case OF sudden emergency, and then that
parliament ought forthwith to be called to-
5ethei 10 Consider i such oinei gcn5y. How
was ii this in case! Parliament, instead of be-
ing called tCfe her, we're further prorogued
AZ the time these Orders in Council were
ISSUED, the assistance of Parliament might
nave been Immediately had Parliament was
at the threshold and ready to enter their
chambers, but ministers chose to send them
back aud to legisate without them; and now
after all this, they came to parliament TO
give effect to the orders which they chose to
issue without the authority of Parliament
when they might have had that authority
lie would no sooner throw the patent by
which he came there as peer Of the realm,
INTO the hrc, than consent to sanction the ex-
Srcise OF such power in tile Crown as had
been advised by Ministers, who when they
had done this act, had now come to Parlia-
'.N"' w ShC ouI tIie measure, ana 10 auu lc-
SlslatVe enactments to what had been done
without regard to the authority of Paria-
mcnt---ihis act had also been done in
violation OF the law Of nations, which was
part OF the law Of the land, under which
ncutrtls had hitherto traded to our ports in
security. Their trade, and the property en-
barkcd in 1t, having been projected by the
law OF Che land. The law of Nations consist
ed ofthose provisions whichhad been agreed
'pon by nations for mutual security and pro
section, which had been in many Instance
confirmed by Heaties. A distinction had
been attempted to be. taken on a former
Nning, bctweenthe law Of nations and the
usagcs OF nations. he apprehcnded, howe
Yer, that the former grew in a great degree
out d the later.