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was acquainted with all the circumstances of his first marriage, and with the opinion of several civilians that the first marriage was illegal. The only answer returned was, that he must be sent with the other felons to Botany Bay, and in consequence he was compelled to make the present application to the House for relief.

Sir H. Montgomery said, that he had heard something of this case; and if the petitioner did not deserve transportation for bigamy, he did for swindling; for he had, on a former occasion, been married in Ireland, by a respectable dissenting minister, Mr. Black, to a young girl who had a fortune of 5001.; after he got this money, he deserted the girl, and never afforded her the smallest support.

Mr. Addington hoped the learned gentleman would withdraw the petition, as the case of the petitioner was at present under consideration.

Dr. Duigenan said, that the marriage of a minor in Ireland could not be set aside, according to the laws of that country (which he presumed was proved by Dr. Black upon the petitioner's trial), unless a suit for that purpose was commenced within twelve months after such marriage had been celebrated. But this was not stated to have been the case with respect to the petitioner.

BIGAMY CASE OF MR. LATHROP MURRAY.] Sir Samuel Romilly rose to lay upon the table the Petition from Mr. Lathrop Murray, of which he had given notice yesterday. Of the individual he knew nothing, and in general he was averse to the interference of the House with the proceedings of courts of justice; but in some cases of peculiar circumstances, such an interference might be necessary and useful. The individual who this day came before the House, had been recently convicted of bigamy before the Recorder of the city of London. Sir S. Romilly said he had had an opportunity of seeing the whole of the case and the evidence, and it appeared that the allegations in the petition upon that authority, were well founded. The fact was, that at the age of eighteen, the petitioner, being with his regiment in Ireland, was married to a woman much older than himself, in a private room, by a dissenting minister (he not being himself a dissenter), without banns, licence, or any of the usual formalities. Some years ago he married a woman in England by licence, and his second wife was fully apprised of the facts attending his first marriage, which was properly held to be invalid. For this offence he was indicted by a total stranger, and the only evidence was, that of the dissenting minister who had officiated at the first marriage; and to prove the second, the register and the declarations of the petitioner. At the trial his counsel had taken several objections, which they urged should be reserved for the decision of the Judges, but by some mistake the points were not reserved, and sentence of transportation was passed upon the prisoner. Until 1795, sir S. Romilly observed the punishment for bigamy had been only twelve months imprisonment, and burning in the hand; but at that date a statute was passed, empowering the Judges to transport for seven years: but this severity was only exercised in cases of great flagrancy; and in the present it seemed natural to expect that an imprisonment for six, nine, or twelve months, would have been ordered. The Attorney General refusing to give his fiat for a writ of error, as the objections had been omitted on the record, the petitioner applied, but in vain, to the Secretary of State's office, and from thence to the Prince Regent for a pardon, or for liberty to transport himself, accompanying his prayer with an affidavit of his second wife, that she

Mr. Lockhart recommended the consideration of the petitioner's case.

Mr. Bathurst seconded the suggestion of his right hon. relative (Mr. Addington), adding, that should the learned gentleman withdraw the petition, he might of course present it again, if the decision of the executive government should not be agree able to his judgment.

Sir Samuel Romilly, after animadverting upon the extraordinary doctrine of the hon. baronet, that because a man had been guilty of a certain offence, he ought to be punished for that of which he had not been guilty; and also upon the opinion of the learned judge (Dr. Duigenan), that the House should decide upon what he " presumed" a certain witness to have deposed upon the trial of the petitioner ; consented to withdraw the petition, upon the understanding that the right hon. gentleman would let him know when the proper department should have decided upon the appeal of the petitioner, who was induced to request the presentation of this petition to the House, apprehending that from the delay of any answer to his application to the Secretary of State, he

might be sent out of the country with other convicts, who, it was understood, were about to sail.

ambassador whilst he resided there, and since then by me; and that, to prevent the possibility of any evasion, British subjects were requested to conform to that MOTION RESPECTING ALIENS.] Sir John regulation. At the request of the goNewport rose, pursuant to his notice, to vernor of this city, I renewed that order, call the attention of the House to a letter &c." Then came the letter from J. H. from the Under Secretary of State for the Addington, esq. to Edward Cooke, esq. to Home Department, to the Colonial De- which sir James Duff had referred in juspartment, respecting the admission of tification of his conduct: it was dated aliens into this country. In all periods May 4, 1813, more than eighteen months of our history, the Legislature had taken before lord Bathurst's dispatch, and was care to keep open the ports and harbours to the following purport: "Sir; in order of Great Britain, for distressed strangers; to prevent, as far as may be practicable, and it was the glory of this country, that the introduction from the Continent, of when protection could not be afforded to aliens of suspicious character into this them by other nations, they were sure of country and its dependencies, it appears finding an asylum here. At an early to lord Sidmouth desirable, that instruc period of the French revolution, precau- tions should be given to his Majesty's tionary measures were adopted; and ministers at foreign courts, and to the though it was not incumbent on him to British consuls and agents on the Contidiscuss the propriety of that law, yet it nent, to require that such persons as may was material to observe, that the Legis- propose to embark for any part of the lature had placed strict guards over those British dominions, should, in the first inwho were entrusted with the exercise of stance, apply to them to be furnished its powers. This was enough to shew the with passports for that purpose; and his jealousy of Parliament on the subject. lordship is also of opinion that, in all cases, With the first French war the first Alien when either the character of the person Act expired; it was revived soon after applying for such passport, or the object the commencement of the second French which he has in view, may be objectionwar, and nearly in the same form and able, it would be expedient to refuse it. manner, and with the same powers and N. B. A printed copy of this letter was restrictions, as the former Act. What, forwarded on the 6th of May, 1813, from then, was the surprise of himself and of the Foreign Office, to all his Majesty's several other members, when they found, consuls in foreign countries, for their on the discussion of the conduct of sir guidance."* Now, he would ask the James Duff, that the following letters were House, whether there ever existed a case laid before the House? The first was a in which such extensive powers were so copy of a dispatch from lord Bathurst to delegated, or conveyed in a manner so sir James Duff, dated November 29, 1814, loose and improper? But there was someto this effect:"Sir; It having been re-thing further, which marked it more presented to his Majesty's government, strongly. It would have been a great that you have directed the masters of dereliction of duty not to have communiall British vessels touching at Cadiz, not to depart from that port with any Spanish subjects on board, unless such Spanish subjects should be provided with your passport, or with one from the government of Spain, I am to request that you will acquaint me how far this is founded on fact," &c. In answer, sir James Duff wrote as follows: "I beg leave to represent to your lordship, that in virtue of the orders of his Majesty's government, it has been the practice at this port, since June 1813, to allow no aliens to go passengers in British merchant vessels or packets, to any of his Majesty's dominions, unless provided with proper passports, sanctioned by his Majesty's

cated to the House the reasons of taking such an extraordinary step; but between the interval of writing this letter and the discovery of it, the Alien Act, which would have expired, was re-enacted and brought specially before the House. Was not that the period at which this letter should have been submitted to the House? Was it not proper, as the question did not pass sub silentio, and some of his Majesty's ministers participated in the debate, that this measure should have been communicated? During that time, this circular

*For copies of the several documents referred to in the course of this debate, see Vol. xxix, pp. 596, 740.

letter was in force; and when the Bill for continuing the Alien Act was submitted to the House, no notice was taken with respect to passports for foreigners who wished to come to this country. On the contrary, there were passages directly negativing the possibility of such a thing as passports having been granted. The House knew nothing of that fact, and would not have known of it at present, if sir James Duff had not relied on this letter for his justification. But if the Legislature, for good and wise reasons, thought proper to depart from a general system, and to intrust to the highest offices of this country a temporary power under the Alien Act, was it fit that the Secretaries of State should delegate any of those powers with out the authority of Parliament? And who were the persons to whom such powers were delegated? He wished the House to consider the situation in which consuls in foreign countries were placed. It was justly remarked by an hon. and learned friend of his* on a former occasion, that if such a power had been entrusted to consuls at the revocation of the edict of Nantes, none of the victims of Louis the 14th's tyranny would have made their escape out of France. It could not be denied, how respectable soever the characters of some of those consuls might be, that many temptations might induce them to co-operate with the governments of those countries in which they resided. But it appeared that they were not only to examine into the characters of the persons applying for passports, but also into the objects which they had in view. Did not the House perceive, that such persons might have to complain of the conduct of that very consul to whom they were to apply? Was it not monstrous, then, that the power of refusing passports should be vested in such hands? Yet this was not all; many of the consuls were engaged in commercial speculations, and it might happen, that the party who wanted to come to this country wished to embark in a similar branch of trade. It was, therefore, a high breach of duty in the great officers of state to commit the execution of their powers to any such persons,powers which they exercised in this country under the control of the Legislature. It was sufficient for him to show, that in no one part of the Act was there any thing

like a power for them to shift the responsibility from themselves, or rather to delegate the powers of the Act to any other persons. It would be incumbent on the House to mark their sense of that transaction, and he would therefore submit his motion to them. The right hon. baronet then moved:

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1. That it appears to this House, from documents laid before it, that in structions were issued, on the 6th of May, 1813, from the office of the Secretary of State for Foreign affairs, on the recommendation of the Secretary of State for the Home department, to all his Majesty's ministers and consuls in foreign countries, to require that such aliens as might propose to embark for any part of the British dominions should apply to be furnished with passports for that purpose; and that in all cases when either the cha racter of the person applying for such passports, or the object which he had in view, may be deemed objectionable, it would be expedient to refuse it :

2. "That no communication whatever was made to Parliament of such instructions having been issued until the 14th of February, 1815, a period of nearly two years, and then only in consequence of an inquiry into the conduct of sir James Duff, consul-general at Cadiz, on a subject incidentally connected therewith, although a Bill for renewal of the Alien Act, under certain modifications (in aid of which Act such instructions were avowedly issued), was submitted to the consideration of both Houses of Parliament, and passed into a law in the month of July, 1814; neither was any notice taken in the said Act of any passports having been required to be procured by such aliens as might arrive in the United Kingdom conformably to such instructions:

3. That the extraordinary powers intrusted by the Alien Act to the prin cipal Secretaries of State in Great Britain, or the Lord Lieutenant or his Chief Secretary in Ireland, to be exercised under the immediate view and control of Parliament, could be only warranted by the exigency of the case, and ought not in any degree, or under any circumstances, to have been delegated by those great officers of state to any other persons, without the knowlege and authority of Parliament; still less should they have enabled all the consuls residing in foreign countries to pro

Sir James Mackintosh. See Vol. 29, hibit, at their discretion, the embarkation of aliens for the United Kingdom; a power (Y)

P. 1145.
(VOL. XXX.)

presenting great temptations to abuse by subordinate agents, and liable to be frequently perverted to objects of extortion or oppression."

tions towards the government of this country? The letter was dated on the 4th of May, 1813, when the war on the Continent was not terminated. It had been Mr. Addington thought that the right much the practice of gentlemen opposite, hon. baronet was under considerable mis- and particularly of the member for Bedapprehensions. The letter of which he ford, to charge the Secretary of State for complained was a mere measure of vigi- the Home Department with exercising his lant precaution in the Secretary of the power under the Alien Act with extravaHome Department, to whom the execu- gant rigour; but he (Mr. A.) had discotion of the Alien Act was entrusted. It vered two papers in his office, which would be for the House to decide, whether, would shew what precautions were resorted in the exercise of his powers, there was to under former administrations. The first any thing criminal in this transaction. On was written when the right hon. baronet a former occasion, he had detailed the himself held a distinguished situation, motives which induced the department to and when a most respectable nobleman which he belonged to circulate that order; was at the head of the Home Department. and he would now repeat, that it was It was dated Dec. 16, 1806, and was adissued in consequence of the constant com-dressed to Mr. Reeves, directing that no plaints of the number of aliens-little less aliens who had not resided in England than twenty thousand-who were in this were to be permitted to come from the country, and of the necessity of prevent- Continent, except under the following reing the admission of those whose charac-gulations: they were to specify, in a deters were liable to suspicion. Various in- tailed manner, who and what they were, stances have occurred of aliens having their motives for coming to England, and arrived at the outports, who were sus- the port from which they intended to empected of ill designs, but who were after- bark; and no alien enemy was to be sufwards permitted to proceed, because suffi- fered to come, without the passport of one cient grounds of their intentions had not of his Majesty's ministers resident on the been adduced. The principal object there- Continent. The other letter, of a subsefore was, to remove those impediments quent date, was nearly to the same effect; from aliens in general, and to permit them and all he meant to shew by them was, to land and proceed. The persons who that these precautionary measures did not were entrusted with the power of granting originate with his noble relative. At the passports, were those who must be best time that those instructions were given to acquainted with the character and mo- the consuls abroad, nobody could have tives of the persons applying for them: dreamt of the probability of peace being but the fact was, that this power was not so soon restored. He was, however, predelegated, as the right hon. baronet had pared to prove that, independent of the conceived, under the Alien Act, but by Alien Act, the Crown had the prerogative virtue of the acknowledged prerogative of of sending strangers out of the country. the Crown, to refuse admission to aliens He then read an extract from Blackstone, of any description. Such prerogative which stated, "that as to every thing existed before the Alien Act was passed; relating to safe conduct for strangers, and, therefore, this letter left aliens to a Pufendorf had very justly resolved, it is certain degree where it found them; it left in the power of all states, to take such did not oblige aliens to apply for pass-measures about the admission of strangers, ports, and persons who knew that no suspicion attached to their conduct could come to this country without them. Since this regulation was adopted, not one single instance had occurred of an individual coming without a passport, who was refused admission. He wished to draw the attention of the House to the general expressions of the letter; and he would ask any gentleman, whether, under the circumstances in which it was written, it could apply to any aliens but those who were strongly suspected of hostile inten

as they think convenient." At the time, however, that the Alien Act was passed, the great majority of the House was decidedly agreed on the adoption of a measure of this nature. He believed the necessity of such a measure had been strongly felt, and he considered it only went to authorize the Secretary of State to do that which, if it did not exist, he would, in some cases, be bound to do, in the exercise of a sound discretion on his own responsibility.

Mr. Whitbread observed, that the great

regulation was transferring the powers of the Alien Act, so far as they related to the Portuguese, to the ambassador of that nation resident here. He had been informed that the practice still continued. For the papers respecting M. Correia it was his intention to move, as soon as the present question was disposed of.

would move for. He would never vote for the production of papers, unless the mover made out, at least, a primâ facie case. If the hon. gentleman only wished for these papers to enable him to fish out some matter of accusation against the Secretary of State, he should oppose the production of them. If the House were to grant these papers, the hon. gentleman might then move for all the papers relative to every case of aliens detained in this country for the last twenty-three years. Before he sat down, he begged leave to move the previous question upon the right hon. baronet's motion.

difference between the prerogative, as it was exercised before the passing of the Alien Act, and after it, was, that before the year 1793, the prerogative was regulated by law, and the Secretary of State could only justify himself by showing, that he had acted according to law. The right hon. gentleman had appeared to be greatly surprised, that sir James Duff had Mr. Addington said, that when the hon. justified himself under the authority of the gentleman first mentioned this subject in letter that had been sent by the Secretary the House, it was the general impression of State. Until this justification came out that it was his object to bring a charge it appeared as if that letter had been quite against the present Secretary for the forgotten. The noble Secretary of State Home Department, and he was convinced (lord Sidmouth) was, to be sure, as good- the hon. gentleman himself had supposed humoured a person as could be. He had that it was a recent case. Upon investishewn his good humour by forming a part gation, however, it appeared that it was a of so many administrations, and amalga- case which had occurred five years ago, mating his principles and opinions so when Mr. Ryder was at the head of the easily with those of so many succeeding Home department. He should certainly administrations. He considered this, how-vote against the granting the papers which ever, to be an ill-humoured act as it put the hon. member gave notice that he it in the power of any consul abroad who was in an ill humour, to refuse a passport without any good reason. The right hon. gentleman had said, that an alien could not be excluded from this country merely for not having a passport. How many strangers, however, not alien enemies, but alien friends, were, in fact, excluded by sir James Duff's refusing to give them passports. In order to spare the House the trouble of a second debate, he should take that opportunity of stating the case of Don Anselmo Correia, in which a most unjustifiable transfer of power had been made by the Secretary of State for the Home Department, to M. de Souza, the Portuguese minister. Because Correia had written some lampoons which annoyed M. de Souza, he applied to Mr. Ryder, who was then Secretary of State, by whom he was sent to Lisbon, a place which seemed to be peculiarly selected for the reception of persons guilty of political lampoons [a laugh.] Surely, however, it could not be said that there was any thing in such an offence which justified the exercise of such a power. There was nothing seditious in it, nothing which tended to excite mutiny or disaffection in the army or navy; it was contained in a Portuguese pamphlet, which, in fact, had never been translated into English. The hon. member next read a letter from Mr. Reeves to a Portuguese gentleman, informing him that it was necessary to have a certificate from the Portuguese minister, before he could receive a licence for remaining here; and contended that such a

Sir J. Newport made a short reply, in which he contended that the delegation ought not to have taken place without the consent of Parliament.

Lord Castlereagh thought the right hon. baronet had given to this subject a degree of importance which by no means belonged to it. If ministers were not allowed to make regulations of that nature upon the subject, he did not know what other arrangements they would be allowed to make. It was an arrangement that was, upon the whole, beneficial to the aliens themselves. The wish of Government was, that every alien should present a primâ facie recommendation of his being a fit person to be admitted into this country. If they could not produce this primâ facie recommendation, it became the duty of Government to make inquiries into their individual case, which would necessarily subject them to some delay. How could it be expected that the cases of 20,000

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