aliens could be carefully examined by the Government, if they did not bring with them a passport or any primâ facie recommendation? Sir J. Mackintosh contended, that the extract from Blackstone, which had been read by the right hon. gentleman, did not at all apply to the present question. When Puffendorf stated the right of every state, he only meant the inherent right of every nation to take measures for its own preservation. Puffendorf could not have had in his contemplation, how the prerogative of the Crown in England was restrained in its exercise by Parliament. Certainly there was a power in this country as well as in every other, to exclude such strangers as were conceived to be dangerous. The exercise of the prerogative of the Crown was here restrained in this instance, as in many others, by acts of parliament. Adverting to former periods, he inquired what would have been thought, had the unfortunate beings who fled from the tyranny of Robespierre, been refused an asylum, and been sent back to the scaffold? In proportion to the severity of a law, should be the lenity with which it was understood and put in force. And more particularly should a suspension of a law, founded on one of the most important clauses of Magna Charta, be guarded from a loose and undefined construction. The whole body of consuls and vice-consuls amounted to about 23 in number. It was not fitting that they should be entrusted with the power that had been vested in them. Five or six of them were natives of the countries in which, they acted; and it was highly improper that they should be empowered to shut the doors of British humanity and hospitality on all those who requested admission. quiries which would not have been made had they been possessed of a passport. Mr. Bennet supported the motion, and alluded to the case of a distinguished member of the Cortes, now residing in honourable poverty in this country, for whom sir James Duff sent a search warrant on board the merchant ships in the port of Cadiz, which, however, he happily escaped. British consuls should not thus be permitted to disgrace both themselves and their country. Mr. Wynn rested his objection to foreign consuls being vested with the power of refusing passports, mainly on the ground that they did not resemble responsible ambassadors; but as many of them carried on trade on their own account, and might have mercantile prejudices and jealousies to gratify, they might abuse their power to forward their own speculations. The House then divided:For Sir J. Newport's motion ... 21 For the previous question...... 68 a MOTION RESPECTING DON ANSELMO CORREIA.] Mr. Whitbread then called the attention of the House to the case of a Portuguese gentleman, named Correia, who, some years since, was sent out of this country, under the Alien Act. He observed, that, in addition to what he had before stated, he had been positively informed, that no native of Portugal was suffered to remain in this country, except he was furnished with a licence from the Portuguese resident at this Court, and that the person in question, having offended the Portuguese resident, was refused the necessary protection. This circumstance, he conceived, ought to be fully explained. When the right hon. gentleman, on The Solicitor General contended, that former occasion, moved for a renewal of the authority of sir William Blackstone the Alien Act, he (Mr. Whitbread) and had been properly quoted; for though several of his friends demanded informaPuffendorf, to whom he had referred, had tion on one or two transactions that had written on the general law of nations, sir taken place under this law; and they were William had applied his reasonings to the answered, that they might as well call positive law of this country. There was for explanation with respect to all the no doubt but the Crown enjoyed the power cases of aliens sent out of the country, as of deciding whether aliens should be here confine themselves to those particular inor no. The letter did not act as a pre-stances. He thought it would have been vention to the setting out of foreigners for this country, but as a salutary caution; for should they apply in vain to our consuls for passports, they were still at liberty to proceed to this country, with this disadvantage only, that they would be sub jected, on their arrival here, to those in a very desirable thing, if they could bave procured such extensive information, for he had no doubt that many abuses of the Act had taken place. The hon. gentleman concluded by moving, "That an humble Address be presented to his royal highness the Prince Regent, that he will be graciously pleased to give directions | that there be laid before this House, copies of all correspondence which may have passed between his Majesty's principal Secretary of State for the Home Department, John Reeves, esq. of the Alienoffice, and his excellency the Portuguese minister resident at the court of London, touching Don Anselmo Correia, a Portuguese, some time since sent out of this kingdom under the provisions of the Alien Act, then in force, together with copies of all letters or remonstrances addressed by the said Don Anselmo Correia to the Secretary of State or the Alien-office, and the answers thereto, if any, together with the date of his departure from this country." Mr. Addington contended, that the hon. member had not made out any primâ facie case whatever, to induce the House to agree to his motion. With respect to the sending Correia out of the country, he appeared to know little more than that such a circumstance had taken place, and he was quite incorrect in his statement of the grounds which occasioned that proceeding. Mr. Whitbread.-What were the grounds? Mr. Addington. They were sufficient to authorize the Secretary of State to act as he had done. Sir J. Newport.-Does the right hon. gentleman mean to say, that because the Secretary of State thought there were sufficient grounds to justify this proceeding, there was, therefore, no necessity for the House being acquainted with them? Mr. Addington.-It is evident that the Secretary of State acted on the presumption, that something improper had been done by Correia; and, in such a case, I am sure the House will not consent to interfere. Mr. Goulburn said, the hon. gentleman had made a charge, founded on information he had received; the truth of that information was denied; and, he conceived, the denial on the one side would be considered as fully equivalent to the assertion on the other. If it were necessary for the House to examine all the cases of aliens who had been sent out of the country, then certainly this instance ought to be investigated along with the rest; but he saw nothing in the case now brought before them which called for any marked distinction. He certainly would not go into the particulars of the transaction; but he would state, that, though Correia had written a libel against the Portuguese government, he was not sent out of this country on that account. Sir Samuel Romilly thought, that as abuse had been imputed, there was a distinction between this and the other cases under the Alien Act. The powers given by the Act were so extensive, that they required some interference of the House. In the case of De Berenger papers had been seized, for which there was no authority either in the Alien Act, or the common law. The motion was then negatived without a division. CONGRESS AT VIENNA.] Mr. Ponsonby wished to know, from the noble lord opposite, who, he understood, intended to move, to-morrow, that the House should adjourn till Monday se'nnight, whether the papers relative to the Congress at Vienna, which he intimated his intention of laying before the House, would be ready for the use of members before the recess; and whether it was his intention to lay before the House the instructions given to lord William Bentinck? Lord Castlereagh said, he had learned, on inquiry, that the papers would not be ready so soon: they should, however, be laid on the table as early as possible. With respect to the instructions given to lord W. Bentinck, they would be produced; and, if the information thus afforded, was not sufficient, gentlemen were at liberty to call for any other documents they pleased. Mr. Ponsonby said, it was then impossible that he could fix a precise day for a motion which he intended to bring forward respecting those papers. He should, therefore, give notice generally, that after the recess he should bring forward a motion on that subject. Mr. Whitbread said, a declaration had been published, in the newspapers of that day, purporting to be a Declaration of the Congress, by which the proceedings of that body were stated to have terminated. He wished to know whether that paper was authentic, and whether the ministers and sovereigns assembled were now proceeding to their respective homes to govern under the principles there determined on. Lord Castlereagh said, that the present was a specimen of the extent to which the hon. member's system of questions was carried. He (lord C.) had recently declared that the proceedings of the Congress had not yet terminated, and the state 331] HOUSE OF COMMONS, Motion respecting the Order of the Bath. [332 armed force surreptitiously; since the King could call on every knight to furnish in which they then were, and now the Mr. Whitbread wished to understand whether or no the declaration was authentic? Lord Castlereagh said, if the hon. member wished to know whether it had emanated from the Congress at Vienna-it certainly had not. papers he should move for would be granted, because they would enable him extension of the Order was with the printo show how much at variance the recent ciples on which the institution was originally established. strong terms, the almost utter exclusion of He condemned, in the civil classes of society, under the new modification, from participating in the many inconveniences that must result honours of this Order-pointed out the from the alteration of rank which it created in this country-and concluded by moving, be presented to his royal highness the "That an humble Address Prince Regent, that he will be graciously pleased to give directions that there be laid before this House, copies of all letters patent issued by his late majesty King George the 1st, whereby the Order of Knighthood of the Bath was restored and erected into a regular military order, and of all letters patent affecting the same since issued by his said late Majesty, and his successors, kings of these realms, unto patent, or other instrument, by which the the present time, and also of the letters said Order was lately modified and ex-. tended." MOTION RESPECTING THE ORDER OF THE BATH.] Sir Charles Monck, in rising to submit to the House his promised motion relative to the late extension of the Order of the Bath, regretted that a subject of so serious and important a nature, had not been taken up by some more learned and experienced member than himself. Fully impressed, however, with the necessity of calling the attention of the House to the late modification of the Order of the Bath, he had determined, as no other gentleman seemed inclined to notice it, rather to bring it forward himself, under every risk, than to run the chance of its not being at all submitted to their consideration. the first place, he wished to guard against In any misapprehension to which his observations, either with reference to the rogatives of the Crown, or to the rewards prethat ought to be conferred on military and most advantageous for the public service Lord Castlereagh argued, that it was naval officers, might give rise. For the that the honours objected to by the hon. prerogatives of the Crown he entertained baronet, should be conferred on our milithe highest veneration; and no man was tary and naval officers; the events of the less disposed than he was, to envy those late war created, he said, an absolute generous persons who had so gallantly necessity that some distinguishing marks fought the battles of their country, the of approbation should be appropriated to rewards which were so justly bestowed on them. All the inconveniences the hon. them. The hon. baronet then entered baronet had stated, as arising, with respect into a history of the Order of the Bath, to precedence, from the new modification, from its origin, in the reign of Henry the would have been equally felt if the expe4th, down to the time of George 1, when dient of creating our meritorious officers, it was restored, and made a completely either knights or baronets, had been remilitary order-a measure of which he sorted to-while the honour would not be expressed his disapprobation. At that so distinctly military as it now was. period, as appeared from Clarke's His- was wished, that the persons who pertory of Knighthood,' the knights compa- formed great military services for the nions were only thirty-six, though they country, should be distinctly pointed out had been afterwards greatly increased. to their fellow-citizens; and no mode The House, he conceived, ought to look appeared so, proper for that purpose, as with great jealousy at the recent extension, that which had been pursued. The idea which only opened the way for a still was by no means new. greater enlargement. By the Charter of to which Mr. Pitt's mind had been earIt was an object the Order each knight was bound to main-nestly directed; and towards the close of tain a certain number of efficient men; his life, a very extensive arrangement was and, by this means, a power was placed contemplated, to hold out to the country in the hands of the Crown to raise an those officers who had signalized them It dering himself popular to the army, by the creation of military orders; but how deplorable were the consequences of his so doing likely to be! This measure, he said, might ultimately be attended with most dangerous consequences to our liberties. It was the first attempt to establish exclusive military honours. He complained of the inequality with which they had been distributed between the two services. Out of 180 knights, only 49 belonged to the navy. He instanced captain Phillimore as a person who ought not to have been overlooked on such an occasion. selves. A good guard against the too great extension of the Order was, that if those honours were too profusely granted, they would lose their value. But on the other hand, if they were too few, his Majesty would not have the means of rewarding services. Every precaution had been adopted to guard against any abuse of the Order. Every state of Europe had some Order particularly devoted to the military. Every person knew how eagerly in Austria the Order of Maria Theresa, and in Russia the Order of St. George, were desired by the armies of those countries. He saw nothing in the manner in which the Crown had exercised its prerogative on the present occasion, to invite Parliament to consider it as an abuse. As the other orders of the day were disposed of, he should conclude with moving, that the House do now adjourn. Mr. Gordon contended, that in time of peace it was the duty of the Legislature of this country to repress rather than to encourage any attempt to give too great a military character to this country. They had at present an instance in a neighbouring country of a military despotism trampling on the wishes of the people of that country. He complained of the attempt to separate the citizen from the soldier; and objected to the measure as an imitation of foreign manners, of foreign frippery and frivolity. It was only such a constitution of mind as had contrived the late exhibitions in the Parks, that could imagine this piece of frivolity. Mr. W. Bathurst defended the extension of the Order as the only fit mode of honouring men who must otherwise have been unrewarded, and whose only object in life, and consolation in death, was honour. It was this which had made the late ruler of France so popular with his army. If other nations had found out that soldiers were pleased with these honours, why should we refuse to avail ourselves of such a mode of rewarding an army merely on that account? He should certainly oppose the motion. Mr. Wynn said, that this country was differently circumstanced from those foreign states, where military orders had been found beneficial. Wherever a nation was a military nation, there ought to be military orders; but England was not a military nation. In Russia, maids of honour ranked as major-generals, and the chancellor himself was a field-marshal. Buonaparté had been alluded to, as ren Mr. Bragge Bathurst said, that there should have been some better ground shown for objecting to the measure than the circumstance that foreign nations had orders of a like nature. The order was a reward for past services, and a stimulus to future. Buonaparté had created a vast military power in a great measure by means of orders of a like nature. Would it not be necessary to meet and counteract him by means similar to his own? Mr. Whitbread said, that these new honours had dissatisfied every 'body and pleased nobody; they had disgusted those who before belonged to the Order of the Bath, and those who had since entered were ashamed to shew their honours. The measure had revived the jealousy between the two services. Government had been more than just to the army, and done less than justice to the navy. He participated in the feeling of jealousy at the attempt to make this a military country. Was the duke f Wellington bred at a military college? or lord Lynedoch, or sir John Moore? There was not one who had received medals who would not rather continue to wear them, than be adorned with this distinction, which had been diluted almost to nothing. Before the French Revolution, the Cross of St. Louis, being at every button-hole, was not worth 2s. 6d.; and in Portugal the same distinction was worn by upper servants. When we talked of the splendid services of our army, we ought not to forget those men who had swept the seas to make room for that army. The navy was now con. genial to the constitution of this country. The army were contented with their medals, and discontented with their badges, and rather ashamed of them. Mr. Goulburn observed, that it was not the fact that the army had been honoured more than the navy; the distribution to the two services had been made with strict reference to their respective numerical strengths; and on this principle the army had only twenty knights more than the navy. Mr. Ponsonby wished to know how this modification of the old Order of the Bath had been created. Was it in virtue of a notification in the Gazette? In looking at the history of the country, he could see that no change had been effected in that Order, except through the instrumentality of the Great Seal. Then he wished to ascertain in what manner the pleasure of the Crown had in the present instance been executed. Was the duke of Wellington's opinion, he would ask, taken in the selection of the officers for this distinction-Were navy authorities consulted for their quola? He thought not; for if they had, the omissions which had occurred would never have taken place. The whole formation and arrangement was, he believed, the work of ministers themselves. (Hear.) In his opinion, for some time past there existed a marked partiality to the military service, in preference to the navy. (No, no.) In his opinion there had, and the public thought so. Nothing was more dangerous than this distinction. For the army he entertained the highest respect. He believed them the best in the world. (Hear, hear.) But he also felt that they could not be maintained in their station, except by the proper and firm support of the naval character. The right hon. gen. tleman concluded by adverting to the illiberal manner in which the new honours had been distributed between the two services. Mr. Wellesley Pole, in reply to the question of Mr. Ponsonby, as to the manner in which the measure had been produced, said, that the order had been regulated as usual, by patent, and therefore there had been no unjust exercise of the prerogative. The military officers had been selected from those whom lord Wellington had recommended for medals. The only regular way, on the part of the hon. gentleman opposite, would be, not to insinuate that any thing improper had been done; but to charge and make a motion. He justified the extent of the Order, on the ground that it was found, even in Mr. Pitt's time, that the rewards were not equal to the gratification of deserving claimants. The House then, without a division, agreed to lord Castlereagh's amendment, and adjourned. HOUSE OF COMMONS. Thursday, March 23. REPORT FROM THE COMMITTEE OF PRIVILEGES RESPECTING LORD COCHRANE.] Mr. Rose made the following Report from the Committee of Privileges: "The Committee of Privileges, to whom the Letter of William Jones, esquire, Marshal of the Kings-bench prison, stating, that he had taken lord Cochrane (who had made his escape from out of the King's-bench prison) into custody, in the House of Commons,' was referred; and who were to examine the matter thereof, and to report the same, together with their opinion thereupon ; Having read the Letter from the Mar shal of the King's-bench to Mr. Speaker, giving an account of his having arrested lord Cochrane within the walls of this House, on the 21st instant, proceeded to inquire into the circumstances of the subject matter referred to their consideration: "And they find, "That lord Cochrane having been indicted and convicted for a conspiracy, was committed by the court of King'sbench on the 21st day of June, 1814, to the prison of that court, to remain as a prisoner there for the space of twelve calendar months; which period will not terminate till the 21st day of June, 1815: "That from the date of the said commitment no pardon, nor any remission of the confinement of lord Cochrane had been granted: "That between the 5th day of March and the 10th day of March last, lord Cochrane escaped from the prison above mentioned, and remained at large until the 21st of this month: "That on the day last mentioned, lord Cochrane went between the hours of one and three to the clerk's room, in which members are usually sworn previously to taking the oaths at the table of the House; and being informed it was necessary he should have the certificate of his return with him, sent for the same to the Crownoffice, and went into the House, where he sat down on the Privy Counsellors bench on the right hand of the Chair, at which time there was no member present, prayers not having been read : "That soon after lord Cochrane had sat down in the House, the Marshal of the King's-bench entered it with two or three |