could be thoroughly investigated. This was all that was asked by the present bill. The writs that had been suspended for many months, it was now only asked further to suspend, during the short interval between the dissolution of the present parliament and the calling of the new one. If they did not do this there was little hope that any permanent measure would be agreed to, as by allowing these four boroughs to return eight members their cases might become so complicated by new circumstances as to render it impossible to come to any decision respecting their original guilt. He was one of those who had always opposed general systems of parliamentary reform, but such a reform as was likely to arise from the proceedings recommended in the House of Commons with regard to those boroughs, was one to which their lord discontent and irritated feeling prevailed amongst the people, not only here, but in foreign countries; and when they heard of the assassination of the duke de Berri in France, and of the atrocious conspiracy discovered here, said to have for its object the assassination of his majesty's ministers, by a band of desperadoes, there could be no doubt of the existence of an highly irritated state of feeling. It was, however, for ministers seriously to consider whether the measures they had not long since carried through parliament, had not had an effect which was predicted from them by some of his noble friends that of inducing men who were deprived of the privilege of openly meeting, to associate in secret cabals, leading to the most mischievous consequences? It had been precisely so in France, where, whilst a liberal system prevailed in the government, there was a feeling of satisfac-ships ought to lend their zealous co-opetion on the part of the people; but when a disposition was evinced of resorting to arbitrary measures, then followed a highly irritated state of public feeling, and an atrocious assassination. And it was for ministers to consider whether the harsh measures they had resorted to, unaccompanied by any manifestation of a desire to alleviate the discontents of the people, had not a tendency to excite to acts of assassination. ration. He would ask them to consider what the feelings of the country would be, if, when they saw that a bill was brought into the other House. to annihilate altogether the rights of one of these boroughs on the ground of corruption, if when they saw that the motion was made by a young nobleman, a descendant of that family, who had made the name of Russell dear to the hearts of Englishmen, and that the leading minister in that House had declared his cordial assent to that species of reform, they found at the same time the ministers in their lordships' House prepared to interpose their chilling The Earl of Lauderdale spoke to order, observing, that it was highly improper to charge any body of men, whether on the ministerial or opposition side of the House, with conduct that tended to excite to as-negative to the hopes and expectations of sassination. the people. The revival of the same corruption, of the same immorality and perjury, at the next general election, was an evil that ought to be avoided. It had been stated that it was a great hardship to take away the rights of these boroughs even for a day, but all they were asked to do, was that which the House of Commons itself could have done by its own authority, if it had not been for the dissolution. The situation of the boroughs in the passing of this bill, would be precisely that of an individual who was committed for want of bail, and whose rights were therefore suspended until his case could be tried. All he contended for was, that while the question was at issue between the petitioners and the country, that House should not decide against the country, for if the writs were issued, and members were again returned for these boroughs, without any proof that they were elected by corrupt means, there was no way that he knew of to prevent such members from sitting in parliament. A case occurred in 1779, which appeared to him completely in point. Proceedings were adopted at that period against the borough of Shaftesbury. A bill was introduced shortly after into the House, empowering the Speaker to issue writs in cases of death during the prorogation, and in that bill a clause was introduced, suspending the operation of the act with respect to the borough of Shaftesbury during the period of the next prorogation. In that measure the House of Lords concurred. It could not be contended that the bill alluded to was a boon, from which an exception might be made; for the moment a law was passed, it was as much the law of the land as if it had existed for ages. Another objection to the bill was, that it commanded the sheriffs not to obey the king's writs. But what was the meaning of this objection? Did they mean to say it was disrespectful to the king, to pass a measure which could not be carried into effect without his own sanction and assent? It was absurd to suppose it. The learned lord on the woolsack had contended, on a former night, that when a public measure was passing, every body or individual, who felt themselves aggrieved, had a right to be heard by counsel, and their lordships had no discretion to refuse the exercise of that right. The present was not a private bill, it was a temporary measure to prevent a great inquiry from being prejudiced, and the greatest mischief might arise from the adoption of the general principle, that public measures might be delayed by the arguments of counsel, and the examination of witnesses at the bar. But was this principle adhered to, in cases where the standing orders were suspended to pass bills in one day, and was it too much to request, in the present case, that a measuse of such importance to the public interests should not be lost for ever? His lordship concluded by moving, that the order for the hearing of counsel at the bar on that day, should be discharged. The Earl of Liverpool said, he had no wish that the present bill should be disposed of by any thing like a side wind; for though it was true that upon public measures it was not the practice to hear counsel, yet in that case the interests of parties were so directly affected, that it would be hard to refuse to hear them by counsel at the bar. He was one of them who thought that if a case of corruption. could be fairly made out, a bill to disfranchise the borough so offending, was a measure fit to be entertained by parliament. But it was one thing to say that the borough should be disfranchised, when the case was made out, and another thing to say, that before the case was made out, the rights of such boroughs should be suspended, until they were proved to have forfeited them by evidence at the bar. He did not hesitate to say, that the power exercised by the House of Commons, of suspending the writs of boroughs, not disfranchised, was a very strong power. If the possession of that power was at this moment a new question, he would be disposed to doubt much the propriety of investing it in either House of Parliament. The House of Commons, however, had undoubtedly exercised the right, and it was not expedient to try it now. In the case of Shaftesbury, the House of Com mons had exercised that right, and all that parliament did, by the clause alluded to in the new bill, was, to leave the case of Shaftesbury in the same state as it would have been in if the bill had not passed. It bore no reference to the present measure, which amounted to this-whether, when parliament had no existence, they would say, without having any evidence before them, that the rights of the Crown should not be exercised, nor those of the persons concerned, who were not yet proved to have been guilty. It was possible that their lordships might differ from the House of Commons; they had done so upon other occasions; and the very act of hearing evidence was in itself a presumption that they might differ. The measure was, in fact, a serious innovation upon the principles of the constitution, to which there was nothing analogous. It was said to be a serious inconvenience to proceed to elect members for the boroughs named in the bill; but the noble lord had seemed to forget, that four members out of the eight were now sitting. Nor was it true that the question as to the corrupt practices must drop; for if a sufficient case could be made out, they would go to the question as if nothing had since happened. The alternative for their lordships to consider was this-whether it would be better to run the risk of having eight members returned by undue influence, or to adopt the strong measure of depriving the people of their rights for a time upon a principle supported by no analogy, or if by any analogy, by a remote one, founded on a practice of a very doubtful nature? The Earl of Darnley declared his intention of voting for the bill. elective franchise in the boroughs in question during the interval which the expected dissolution would occasion, thereby leaving the question for the determination of the new parliament precisely in the state in which it was at present. The Earl of Lauderdale moved, that the farther discussion of the question be adjourned for a fortnight. On this motion their lordships divided-Contents, 22; Non-Contents, 11: Majority, 11. HOUSE OF LORDS. The Lord Chancellor did not conceive Earl Grosvenor farther explained the that any argument which might be urged misapprehension which had taken place by counsel could at all change the opinion with respect to what had fallen from him which he entertained on the subject. A at an earlier period of the evening, and exnoble earl had talked of the necessity of pressed his conviction that no noble lord consulting the feelings and interest of the could for a moment suppose him capable public. It was the conviction of his mind, of palliating the dreadful atrocity recently resulting from long experience, that the contemplated. On the question immeonly effectual mode of consulting the feel-diately before their lordships, he entirely ings and interest of the public was, by concurred in the opinion of his noble doing justice. Let parliament invariably friend who had just sat down. do justice, and justice would eventually be done to them. Now, in the present instance, he contended it would be the height of injustice to agree to the bill, and thereby suspend the rights of a portion of the people, without any ground which would render such a proceeding warrantable. It was impossible that their lordships could be satisfied to take such a step without any evidence to show its expediency. Under existing circumstances, any attempt to obtain such evidence, at their own bar, would be futile; and, with all possible respect for the House of Commons, no noble lord, he presumed, would argue that their lordships should proceed on the evidence taken before a committee of that House. Even if that evidence were admissible by their lordships, it did not at all go to the question of the expediency of disfranchising the boroughs in question, but merely established the corruption of a part of the electors. The fact, that the House of Commons permitted four of the members for those boroughs to retain their seats, was a conclusive proof of this. The Marquis of Lansdowne supported the bill. He was quite aware that a certain apparent inequality in the representation was desirable, as producing a greater real equality of representation than any theoretical system proceeding on a different principle. But he maintained, that when this was carried to excess, it ought to be corrected. He admitted, that individuals and bodies of individuals ought to be protected in their rights; but it should never be forgotten, that they possessed those rights, and ought to exercise them, not for selfish purposes, but for the general benefit. All that the bill tended to dio was, to suspend the exercise of the Monday, Feb. 28. THE LORDS COMMISSIONERS' SPEECH AT THE CLOSE OF THE SESSION.] After the royal assent had been given, by commission, to several bills, the following Speech of the Lords Commissioners was delivered to both Houses by the Lord Chancellor : "My Lords and Gentlemen; "We are commanded by his majesty to inform you, that it is a great disappointment to his majesty, that on this first and solemn occasion he is prevented by indisposition from meeting you in person. "It would have been a consolation to his majesty to give utterance in this place to those feelings with which his majesty and the nation alike deplore, the loss of a Sovereign, the common father of all his people. "The King commands us to inform you, that in determining to call without delay the new parliament, his majesty has been influenced by the consideration of what is most expedient for public business, as well as most conducive to general convenience. "Gentlemen of the House of Commons; "We are directed by his majesty to thank you for the provision which you have made for the several branches of the | which you directed your attention to the public service from the commencement of means of counteracting them. the present year, and during the interval which must elapse before a new parliament can be assembled. "My Lords and Gentlemen; "We are commanded to inform you, that, in taking leave of the present parliament, his majesty cannot refrain from conveying to you his warmest assurances of the sense which his majesty entertains of the important services which you have rendered the country. "Deeply as his majesty lamented that designs and practices such as those which you have been recently called upon to repress, should have existed in this free and happy country, he cannot sufficiently commend the prudence and firmness with "If any doubt had remained as to the nature of those principles by which the peace and happiness of the nation were so seriously menaced, or of the excesses to which they were likely to lead, the flahas lately been detected must open the grant and sanguinary conspiracy which eyes of the most incredulous, and must vindicate to the whole world the justice and expediency of those measures to which you judged it necessary to resort, in defence of the laws and constitution of the kingdom." The parliament was then prorogued to the 13th of March; but it was on the same day dissolved; and a proclamation was issued for declaring the calling of a new parliament, APPENDIX ΤΟ VOLUME XLI. No. I.-Copy of the Training Prevention Act. 60 Geo. III. Chap. 1. An Act to prevent the training of Persons to the Use of Arms, and to the Practice of Military Evolutions and Exercise. persons for or of practis WHEREAS, in some parts of the united kingdom, men clandestinely and unlawfully assembled have practised military training and exercise, to the great terror and alarm of his majesty's peaceable and loyal subjects, and the imminent danger of the public peace; be it therefore enacted by the king's most excellent majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons, in this present parliament assembled, and by the authority of the same, that all meetings and assemblies of persons for the purpose of training or Meetings and drilling themselves, or of being trained or drilled to the use of arms, or for the pur- assemblies of pose of practising military exercise, movements, or evolutions, without any lawful the purpose of authority from his majesty, or the lieutenant, or two justices of the peace of any being trained, county or riding, or of any stewartry, by commission or otherwise, for so doing, ing military shall be and the same are hereby prohibited, as dangerous to the peace and secu- exercise, prority of his majesty's liege subjects and of his government; and every person who hibited. shall be present at or attend any such meeting or assembly, for the purpose of training and drilling any other person or persons to the use of arms, or the practice of military exercise, movements, or evolutions, or who shall train or drill any other person or persons to the use of arms, or the practice of military exercise, movements, or evolutions, or who shall aid or assist therein, being legally convicted thereof, shall be liable to be transported for any term not exceeding seven years, Punishment. or to be punished by imprisonment not exceeding two years, at the discretion of the Court in which such conviction shall be had; and every person who shall attend or be present at any such meeting or assembly as aforesaid, for the purpose of being, or who shall at any such meeting or assembly be trained or drilled to the use of arms, or the practice of military exercise, movements, or evolutions, being legally convicted thereof, shall be liable to be punished by fine and imprisonment not exceeding two years, at the discretion of the Court in which such conviction shall be had. be detained cuted. II. And be it further enacted, That it shall be lawful for any justice of the Persons so aspeace, or for any constable or peace officer, or for any other person acting in their sembled may aid or assistance, to disperse any such unlawful meeting or assembly as aforesaid, and required and to arrest and detain any person present at, or aiding, assisting, or abetting any to give bail, such assembly or meeting as aforesaid; and it shall be lawful for the justice of the and prosepeace who shall arrest any such person, or before whom any person so arrested shall be brought, to commit such person for trial for such offence, under the provisions of this act, unless such person can and shall give sufficient bail for his appearance at the next assizes or general quarter sessions of the peace, to answer to any indictment which may be preferred against him for any such offence against this act, in England and Ireland; and in Scotland every such person shall be arrested and dealt with according to the law and practice of that part of the united kingdom in the case of a bailable offence. Scotland to III. And be it further enacted, That the sheriffs depute and their substitutes, Sheriffs destewards depute and their substitutes, justices of the peace, magistrates of royal pute, &c. in burghs, and all other inferior judges and magistrates, and also all high and petty have the same constables, or other peace officers of any county, stewartry, city, or town within powers as mathat part of the united kingdom called Scotland, shall have such and the same gistrates in powers and authorities for putting this present act in execution within Scotland, as England. |