Imatges de pÓgina


aliens could be carefully examined by quiries which would not have been made the Government, if they did not bring had they been possessed of a passport. with them a passport or any primâ facie Mr. Bennet supported the motion, and recommendation?

alluded to the case of a distinguished Sir J. Mackintosh contended, that the member of the Cortes, now residing in extract from Blackstone, which had been honourable poverty in this country, for read by the right hon: gentleman, did not whom sir James Duff sent a search warat all apply to the present question. rant on board the merchant ships in the When Puffendorf stated ihe right of every port of Cadiz, which, however, he hapstate, he only meant the inherent right of pily escaped. British consuls should not every nation to take measures for its own thus be permitted to disgrace both thempreservation. Puffendorf could not have selves and their country. had in his contemplation, how the pre- Mr. Wynn rested his objection to foreign rogative of the Crown in England was consuls being vested with the power of restrained in its exercise by Parliament. refusing passports, mainly on the ground Certainly there was a power in this coun- that they did not resemble responsible try as well as in every other, to exclude ambassadors; but as many of them car. such strangers as were conceived to be ried on trade on their own account, and dangerous. The exercise of the preroga. might have mercantile prejudices and jeative of the Crown was here restrained in lousies to gratify, they might abuse their this instance, as in many others, by acts power to forward their own speculations. of parliament. Adverting to former pe. The House then divided :riods, he inquired what would have been For Sir J. Newport's motion ... 21 thought, had the unfortunate beings who For the previous question

68 fled from the tyranny of Robespierre,

Majority ...... -- 47 been refused an asylum, and been sent back to the scaffold? In proportion to

MOTION RESPECTING Don ANSELMO the severity of a law, should be the lenity Correia.] Mr. Whitbread then called the with which it was understood and put in attention of the House to the case of a force. And more particularly should a Portuguese gentleman, named Correia, sospension of a law, founded on one of the who, some years since, was sent out of most important clauses of Magna Charta, this country, under the Alien Act. He be guarded from a loose and undefined observed, that, in addition to what he had construction. The whole body of consuls before stated, he had been positively inand vice-consuls amounted to about 23 in formed, that no native of Portugal was number. It was not fitting that they should suffered to remain in this country, except be entrusted with the power that had been he was furnished with a licence from the vested in them. Five or six of them were Portuguese resident at this Court, and that natives of the countries in which they the person in question, having offended acted; and it was highly improper that the Portuguese resident, was refused the they should be empowered to shut the necessary protection. This circumstance, doors of British humanity and hospitality he conceived, ought to be fully explained. on all those who requested admission. When the right bon. gentleman, on a

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 a very desirable thing, if they could bave this country, but as a salutary caution; procured such extensive information, for for should they apply in vain to our con- he had no doubt that many abuses of the suls for passports, they were still at liberty Act had taken place. The hon. gentleto proceed to this country, with this dis- man concluded by moving, “ That an advantage only, that they would be sub. humble Address be presented to his royal jected, on their arrival here, to those in highness the Prince Regent, that he will



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be graciously pleased to give directions government, he was not sent out of this that there be laid before this House, copies country on that account. of all correspondence which may have Sir Samuel Romilly thought, that as passed between his Majesty's principal abuse had been imputed, there was a disSecretary of State for the Home Depart-tinction between this and the other cases ment, John Reeves, esq. of the Alien- under the Alien Act. The powers given office, and his excellency the Portuguese by the Act were so extensive, that they minister resident at the court of London, required some interference of the House. touching Don Anselmo Correia, a Portu. In the case of De Berenger papers bad guese, some time since sent out of this king. been seized, for wbich there was no authodom under the provisions of the Alien Act, rity either in the Alien Act, or the com, then in force, together with copies of all mon law. . letters or remonstrances addressed by the The motion was then negatived without said Don Anselmo Correia to the Secretary a division. of State or the Alien-office, and the answers thereto, if any, together with the CONGRESS AT VIENNA.] Mr. Ponsonby date of bis departure from this country.

wished to know, from the noble lord oppoMr. Addington contended, that the bon. site, who, he understood, intended to move, member had not made out any primâ facie to-morrow, that the House should adjourn case whatever, to induce the House to till Monday se'onight, whether the papers agree to his motion. With respect to the relative to the Congress at Vienna, which sending Correia out of the country, he he intimated his intention of laying before appeared to know little more than that the House, would be ready for the use of such a circumstance had taken place, and members before the recess; and whether he was quite incorrect in his statement of it was his intention to lay before the House the grounds which occasioned that pro- the instructions given to lord William ceeding.

Bentinck ? Mr. Whitbread.-What were the grounds? Lord Castlereagh said, he had learned,

Mr. Addington.—They were sufficient on inquiry, that the papers would not be to authorize the Secretary of State to act ready so soon : they should, however, be as he had done.

laid on the table as early as possible. Sir J. Newport.-Does the right hon. With respect to the instructions given to gentleman mean to say, that because the lord W. Bentinck, they would be proSecretary of State thought there were duced; and, if the information thus af. sufficient grounds to justify this proceed forded, was not sufficient, gentlemen were ing, there was, therefore, no necessity for at liberty to call for any other documents the House being acquainted with them? they pleased.

Mr. Addington. It is evident that the Mr. Ponsonby said, it was then impossible Secretary of State acted on the presump- that he could fix a precise day for a mo. tion, that something improper had been tion which he intended to bring forward done by Correia; and, in such a case, I respecting those papers. He should, am sure the House will not consent to in therefore, give notice generally, that after terfere.

the recess he should bring forward a moMr. Goulburn said, the hon. gentleman tioni on that subject. had made a charge, founded on informa- Mr. Whitbread said, a declaration had tion he had received; the truth of that in- been published, in the newspapers of that formation was denied; and, he conceived, day, purporting to be a Declaration of the the denial on the one side would be con- Congress, by which the proceedings of sidered as fully equivalent to the assertion that body were stated to have terminated. on the other. If it were necessary for He wished to know whether that paper the House to examine all the cases of was authentic, and whether the ministers aliens who had been sent out of the coun- and sovereigns assembled were now protry, then certainly this instance ought to ceeding to iheir respective homes to govern be investigated along with the rest; but under the principles there determined on, he saw nothing in the case now brought Lord Castlereagh said, that the present before them which called for any marked was a specimen of the extent to which the distinction. He certainly would not go hon. member's system of questions was into the particulars of ihe transaction; carried. He (lord C.) had recently de. but he would state, that, though Correia clared that the proceedings of the Cona' had written a libel against the Portuguese gress bad not yet terminated, and the state in which they then were, and now they armed force surreptitiously ; since the hon. member wished to know whether King could call on every knight to furnish that Congress had issued another declara him with a specific quota. He hoped the tion. The Declaration in question alluded papers he should move for would be 10 a state of things which did not exist granted, because they would enable him the breaking-up of the Congress.

to show how much at variance the recent Mr. Whitbread wished to understand whe extension of the Order was with the printher or no the declaration was authentic?ciples on which the institution was origi

Lord Castlcreagh said, if the hon. member nally established. He condemned, in wished to know whether it bad emanated strong terms, the almost utter exclusion of from the Congress at Vienna-it certainly the civil classes of society, under the new had not.

modification, from participating in the

honours of this Order-pointed out the MOTION RESPECTING THE Order of the many inconveniences that must result Bath.] Sir Charles Monck, in rising to from the alteration of rank which it submit to the House his promised motion created in this country-and concluded relative to the late extension of the Order by moving, “ That an humble. Address of the Bath, regretted that a subject of so be presented to his royal highness the serious and important a nature, had not Prince Regent, that he will be graciously been taken up by some more learned and pleased to give directions that there be experienced member than himself. Fully laid before this House, copies of all letters impressed, however, with the necessity of patent issued by bis late majesty King calling the attention of the House to the George the Ist, whereby the Order of late modification of the Order of the Bath, Knighthood of the Bath was restored and he had determined, as no other gentleman erected into a regular military order, and seemed inclined to notice it, rather to of all letters patent affecting the same bring it forward himself, under every risk, since issued by his said late Majesty, and than to run the chance of its not being at his successors, kings of these realms, unto all submitted to their consideration. In the present time, and also of the letters the first place, he wished to guard against patent, or other instrument, by which the any misapprehension to which his obser- said Order was lately modified and ex-, vations, either with reference to the

pre- tended.” rogatives of the Crown, or to the rewards Lord Castlereagh argued, that it was that ought to be conferred on military and most advantageous for the public service 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 mili. the 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. It 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. 10 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. It was an object greater enlargement. By the Charter of to which Mr. Pitt's mind had been earthe 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 ihe country in the hands of the Crown to raise an those officers who had signalized them- .

He com

A good guard against the too dering bimself popular to the army, by great extension of the Order was, that if the creation of military orders; but how those honours were too profusely granted, deplorable were the consequences of his they would lose their value. But on the so doing likely to be! This measure, he other hand, if they were too few, bis Ma- said, might ultimately be attended with jesty would not have the means of reward. most dangerous consequences to our libering services. Every precaution had been ties. It was the first attempt to establish adopted to guard against any abuse of the exclusive military honours. Order. Every state of Europe had some plained of the inequality with which they Order particularly devoted to the military. had been distributed between the two Every person krew how eagerly in Austria services. Out of 180 knights, only 49 the Order of Maria Theresa, and in Russia belonged to the navy. He instanced the Order of St. George, were desired by captain Phillimore as a person who ought the armies of those countries. He saw not to have been overlooked on such an nothing in the manner in which the Crown occasion. had exercised its prerogative on the pre- Mr. Bragge Bathurst said, that there sent occasion, to invite Parliament to con- should have been some better ground 'sider it as an abuse. As the other orders shown for objecting to the measure than of the day were disposed of, he should the circumstance that foreign nations had conclude with moving, that the House do orders of a like nature. The order was a now adjourn.

reward for past services, and a stimulus lo Mr. Gordon contended, that in time of future. Buonaparté had created a vast peace it was the duty of the Legislature of military power in a great measure by ihis country to repress rather than to means of orders of a like nature. Would encourage any attempt to give too great a it not be necessary to meet and counteract military character to this country. They him by means similar to his own? had at present an instance in a neighbours Mr. Whitbread said, that these new ing country of a military despotism honours had dissatisfied every 'body and trampling on the wishes of the people of pleased nobody; they had disgusted those that country.

He complained of the who before belonged to the Order of the attempt to separate the citizen from the Bath, and those who had since entered soldier; and objected to the measure as were ashamed to shew their honours. an imitation of foreign manners, of foreign The measure had revived the jealousy frippery and frivolity. It was only such between the two services. Government a constitution of mind as had contrived had been more than just to the army, and the late exhibitions in the Parks, that could done less than justice to the navy. He imagine this piece of frivolity:

participated in the feeling of jealousy at Mr. W. Bathurst defended the extension the attempt to make this a military counof the Order as the only fit mode of honour- try. Was the duke [ Wellington bred ing men who must otherwise have been at a military college? or lord Lynedoch, unrewarded, and whose only.object in or sir John Moore? There was not one life, and consolation in death, was honour. who had received medals who would not It was this which had made the late ruler rather continue to wear them, than be of France so popular with his army. If adorned with this distinction, which had other nations had found out that soldiers been diluted almost to nothing. Before were pleased with these honours, why the French Revolution, the Cross of St. should we refuse to avail ourselves of such Louis, being at every button-hole, was not a mode of rewarding an army merely on worth 2s. 6d.; and in Portugal the same that account. He should certainly oppose distinction was worn by upper servants. the motion.

When we talked of the splendid services Mr. Wynn said, that this country was of our army, we ought not to forget those differently circumstanced from those fo- men who had swept the seas to make room reign states, where military orders had for that army. The navy was now con. been found beneficial. Wherever a nation genial to the constitution of this country.' was a military nation, there ought to be The army were contented with their military orders; but England was not a medals, and discontented with their badges, military nation. In Russia, maids of and rather ashamed of them. honour ranked as major-generals, and the Mr. Goulburn observed, that it was not chancellor himself was a field-marsbal. the fact that the army had been honoured Buonaparté had been alluded to, as ren. more than the navy; the distribution to


the two services had been made with strict

HOUSE OF COMMONS. reference to their respective numerical strengths; and on this principle the army

Thursday, March 23. had only twenty knights: more than the Report FROM THE COMMITTEE OP Prie navy.

RESPECTING LORD Cochrane.) Mr. Ponsonby wished to know how this Mr. Rose made the following Report from modification of the old Order of ibe Bath | the Committee of Privileges : had been created. Was it in yirtue of a notification in the Gazette ? In looking at

The Committee of Privileges, to whom

the Letter of William Jones, esquire, the history of the country, he could see

Marshal of the Kings-bench prison, that no change had been effected in that Order, except through the instrumentality

staring, that he had taken lord Cochof the Great Seal. Then he wished to

rane (who had made his escape from ascertain in what manner the pleasure of

out of the King's-bench prison) into the Crown: had in the present instance

custody, in the House of Commons,' been executed. Was the duke of Wel.

was referred ; and who were to exa.

mine the matter thereof, and to report. lington's opinion, he would ask, taken in the selection of the officers for this distinc.

the same, together with their opinion

thereupon ;tion ?- Were navy authorities consulted for their quola ? He thought not; for if Having read the Letter from the Mar. they had, the omissions which had oc- shal of the King's-bench to Mr. Speaker, curred would never have taken place. The giving an account of his having arrested whole formation and arrangement was, he lord Cochrane within the walls of this believed, the work of ministers themselves. House, on the 21st instant, proceeded to (Hear.) In his opinion, for some time past inquire into the circumstances of the subthere existed a marked partiality to the ject matter referred to their consideration : military service, in preference to the navy. « And they find, (No, no.) In his opinion there had, and

“ That lord Cochrane having been inthe public thought so. Nothing was more dicted and convicted for a conspiracy, dangerous than this distinction. For the was committed by the court of King'sarmy he entertained the highest respect. I bench on the 21st day of June, 1814, 10 He believed them the best in the world. the prison of that court, to remain as a (Hear, hear.) But he also felt that they prisoner there for the space of twelve could not be maintained in their station, calendar months; which period will not except by the proper and firm support of terminate till the 21st day of June, 1815: the naval character. The right hon. gen. « That from the date of the said comtleman concluded by adverting to the mitment no pardon, nor any remission of illiberal manner in which the new honours the confinement of lord Cochrane bad had been distributed between the two ser- been granted : vices.

“ That between the 5th day of March Mr. Wellesley Pole, in reply to the ques. and the 10th day of March last, lord tion of Mr. Ponsonby, as to the manner Cochrane escaped from the prison above in which the measure had been produced, mentioned, and remained at large until said, that the order had been regulated as the 21st of this month : usual, by patent, and therefore ihere had “ That on the day last mentioned, lord been no unjust exercise of the prerogative. Cochrane went between the hours of one The military officers had been selected and three to the clerk's room, in which from those whom lord Wellington bad re- members are usually sworn previously to commended for medals. The only regular taking the oaths at the table of the House ; way, on the part of the hon. gentleman and being informed it was necessary he opposite, would be, not to insinuate that should have the certificate of his return any thing improper had been done; but with him, sent for the same to the Crown. to charge and make a motion. He justi- office, and went into the House, where he fied the extent of the Order, on the ground sat down on the Privy Counsellors bench that it was found, even in Mr. Pitt's time, on the right hand of the Chair, at which that the rewards were not equal to the gra- time there was no member present, prayers tification of deserving claimants.

not having been read : The House then, without a division, • That soon after lord Cochrane had sat agreed to lord Castlereagh’s amendment, down in the House, the Marshal of the and adjourned.

King's-bench entered it with two or three

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