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concile this? Was it true that there was on that subject, not one of them had vensuch an understanding entertained by any tured to intimate what sort of instructions admiral? And, if true, where was the se should have been given. In fact the curity? It could only consist in this, that greatest difficulty would have attended except Buonaparté sent word to the ad- | any attempt to define all the possible cases miral that he was going to France, or that in which it would have been justifiable to be was going to violate the Treaty, the have interfered, upon the principle that officer was placed in a situation by which they were contraventions of the Treaty of he was obliged to take upon himself the Fontainbleau. Admiral Hallowell, inresponsibility of either running the risk of deed, had declared his determination to plunging the country into war or bringing intercept Buonaparté, if he had found him France into the situation in which she was quitting the island of Elba with any hosat present placed. The noble lord, after tile intent; and the same determination a number of other observations on this must have occurred to any admiral consubject, concluded with observing, that manding on that station, who had read the by allowing the brig of Buonaparté to Treaty of Fontainbleau. sail between Elba and France, a way was The Marquis of Buckingham said, that if paved for the return of that individual to the circumstances of the present times France, and the change of the whole state could excite any feelings but those of the of Europe. Nothing could be a stronger strongest indignation, it must be those of proof of the culpable negligence displayed pity and compassion for the miserable on this occasion-and this incredible event case which ministers had been able to would hereafter appear a fable rather than make out. The noble earl opposite had history; because no person who had not ironically congratulated the noble marheard the noble earl speak, would ever be- quis, who originated the present motion, lieve that any men, charged with a duty upon his present wisdom. He would of such importance at such a conjuncture, to God he could return the compliwould abandon the task reposed in them ment in sincerity, and applaud the wisin a manner so reprehensible.
dom of the noble earl and his col. Viscount Melville said, that it was very leagues. But it was their late wisdom easy for noble lords to argue in that which he threw in their teeth; it was House what course of conduct might have their extraordinary blindness which he been more advantageously pursued; but animadvertéd upon, and which had exwhen it was remembered that the Allied posed them to the indignation of their Sovereigns, who were on the spot, flushed country. The Treaty upon which they so with victory, and able to judge of all the lately prided themselves, they now told circumstances, felt that there were diffithe House was incompatible with the se. culties which ought to induce, and which curity of the objects it professed to mainin fact did induce them to conclude the tain; they now avowed without besitaarrangements in question, it surely was tion, that in sending Buonaparte to Elba, not too much to set their opinions against he was sent to a place from which it was those of the noble lords. He understood impossible to prevent his escape. If so, that it was unanimously assented to, that why was he sent there at all? In censure some such arrangement as was ultimately ing that arrangement they were not trying determined on was absolutely necessary. the conduct of the Allies of Great BriWith regard to the actual residence of tain; it was the Government of Great Buonaparte in Elba, it had been shown by Britain they were arraigning. Why did bis noble friend, that he was understood a minister of this country suffer such a to possess all the rights of sovereignty treaty to be entered upon without his conthere; and what rights could appertain to currence? What was the professed object that sovereignty, if those of personal lic of that Treaty? To secure the peace and berty were denied ? The noble lords op- tranquillity of Europe. Had they obposite bad argued as if Buonaparté were tained those objects? Were the peace actually a prisoner, instead of a sovereign and tranquillity of Europe secured? If possessing certain consequent inmunities they were not, with what face could his and privileges. A great deal bad been said Majesty's Ministers come to that House, about the instructions which should have and boast of their acceding to that very been issued to our admiral commanding part of the Treaty which had alone prein the Mediterranean; bot of all those vented the accomplishment of those ends? noble lords who delivered their opinion The flattering delusion had already passed (VOL. XXX. )
away, though they all remembered how that the army might be transferred to the recently it was the cry of the day that legitimate dynasty in a state of mind that the deliverance of Europe was to be at would secure their services, that the artributed to the councils of the noble earl. rangements at Fontainbleau were entered That cry was the burthen of every song into; and he, for one, certainly never did and every speech in praise of Ministers. expect, after the unanimous acts of adThe Peace of Paris, it was said, had been herence, and the protestations of fidelity the reward of perseverance; nay, the proffered by that army to Louis 16, that noble earl himself was so convinced of it, they would have violated them so soon ; that he had the motto “ Peace, the Re-in fact, he thought better of human naward of Perseverance," emblazoned in lure than to suppose such baseness posburning letters on the front of his house. sible. The noble earl then, vindicated But how had the Peace of Paris been re the conduct of lord Castlereagh from the warded? Let the noble lord look at the imputations of lord Grenville, and glittering star which shone upon his tended, that he had not only hastened to breast, and he would know at least how | Paris with all possible expedition, but he had been rewarded for that peace. that when he arrived he did all in his With respect to the other rewards wbich power to prevent the Trealy from being that peace had procured, one of them concluded, and at last modified it as far as now appeared to be the escape of that it was practicable under existing circumman from the island of Elba, whose pre- stances. The Treaty itself was concluded sence in France threatened to deluge under the pressure of difficulties: every Europe again with blood; nor, as it ap- moment was precious; and the chiefs of peared, had any adequate instructions the army could not answer for their troops been given to prevent his escape. A gal. an hour, unless some such arrangement Jant officer, indeed, was permitted to risk was determined on. the probability of involving Europe in Earl Grey said, that it was not his inwar, if he chose to act upon his own re tention, after the length to which the desponsibility; but no positive, no precise bate had gone, to have offered his sentiinstructions were given, though a sort of ments at all, had it not been for some most understanding, it was said, existed with extraordinary things which had fallen from the admiral. There certainly appeared two noble lords opposite. It was imposto be an understanding in the admiral, sible, however, to let those observations and be wished there had been as much in pass without some short notice. A noble the noble lords. He would not detain the earl (Liverpool) had told them, that pot. House any longer, as he could not enter withstanding the triumphant march of the upon a variety of arguments which Allies into Paris-notwithstanding the glopressed upon him, without weakening the rious successes which had led to that speech of his noble relative; and he catastrophe-notwithstanding the proud should therefore sit down, in the confident hopes which were justly founded upon hope that the motion of the noble mar those successes-the Allies were, comquis would be agreed to.
pelled, as a matter of necessity, to submit The Earl of Aberdeen said that he was to arrangements which, in their consechiefly anxious to correct some miscon quences, as they now developed themceptions which seemed to exist with re. selves, menaced Europe with new danspect to the condition of Buonaparté, at gers; and those were among the first the time be was al Fontainbleau. From fruits of that great and glorious success the concurrent testimony of all who were which had crowned the efforts of this on the spot, and in a condition to form an country, for the maintenance of its own accurate judgment, it was ascertained that independence and the safely of the world. if by any movement of the Allies on the and how had that necessity been procorps of Buonaparté that body should be duced? Why, according to the testimony annihilated, and he himself, perhaps, de- of the noble earl who spoke last, it existed stroyed also, the French army were so in the Allies being compelled to treat anxious about his fate, that the war would with a person who at that moment was in not then have been terminated; on the situation of such despair, discomfiture, and contrary, it was expected they would dejection, at Fontainbleau--s0 weak, so have rallied round bis marshals and pro- desperate, that by a movement of the tracted the contest to an indefinite period. combined troops his army would have It was from that view, and from a desire been destroyed, and its leader annihilated.
That was the declaration of a person who way in which he discharged the duties of was himself on the spot, and had the a seaman, but also for the manner in which means of knowing what he affirmed; and be fulfilled the more extensive obligations if that was compared with the statement of a man and a citizen—that admiral Halof the noble lord who described the situa lowell had expressed his determination, if tion of Buonaparté to be so formidable he should find Buonaparté engaged in that he could have protracted the war, it any attempt to land hostilely on the conwould be confessed that some new lights tinental shores, on his own discretion to of policy were breaking upon them with detain him and prevent bim from exerespect to that transaction. It appeared cuting his purpose. A most proper dethat the Treaty of Fontainbleau had been termination. But how did it come to the concluded, not from any fear of the re- knowledge of the noble viscount? Was it sistance which Buonaparié was in a con- by accident, or did il proceed from ad. dition to offer, but from the desire of trans miral Hallowell himself, as the precursor ferring to the King of France that army of a request to be instructed on the subwhich he commanded, in a good temper; }ject by the Admiralty, or at least to inti. or, to use the words of the noble lord mate to the Admiralty the expediency of (Castlereagh), who wrote with the same instructing his successor with respect to elegance and precision that he spoke, it? Having, in whatever way, obtained a " to pass that army over to the King in a knowledge of this determination of ad. state to be made use of.” With regard miral Hallowell, ought it not to have to the escape of Buonaparte from Elba, be served as a hint to the Admiralty to give thought there was a great degree of cul- those instructions to his successor, which pable negligence in our Government. The the resolution adopted by the gallant addanger of such an escape required no miral proved to be absolutely necessary? extraordinary foresight to anticipate ; and Such appeared to him to be ihe breacb of yet, because it was impossible so ber- duiy on the part of his Majesty's minismetically to seal that island as to preclude ters on this occasion, that if Parliament all possibility of escape-because they and the country expressed a disposition could not “ make assurance double sure,' to leave power in such hands, they must - because, in fact, every thing could not not be surprised at any future mischauces be done, the noble lord at the head of the that might occur. A great danger had Admiralıy, and bis colleagues, seemed to existed, against which it had been the think, therefore, that they were released duty of ministers to provide. The motion from the obligation of making any pro. for their lordships' decision was, to call visions against such an event. Consider on ministers for ihe steps they had taken ing the character of the person who had in the discharge of that duty. To that been placed in the Isle of Elba, consider-motion their lordships must accede, uning the means which be possessed, and less they were absolutely indifferent to considering the views which had been the manner in which the affairs of the imputed to him, was it or was it not to be nation were administered. For his own expected, that be would make a descent part, he never gave a vote with more on France or Italy? Why, then, bad not complete satisfaction, and with a more provision been made against such an thorough conviction of doing his public event? Why had not the British Admiral duty, ihan he should feel that night in on that station been directed, if he met supporting the motion of his noble friend. Buonaparté in his corvelle, armed, and The Earl of Buckinghamshire defended prepared for hostility, to detain bim, and the conduct of the Admiralty on the oce prevent him from executing his purpose ? casion in question. Did any man conIf he could collect any thing from the ceive that the naval power of France was noble viscount (and he confessed that not sunk to so low an ebb, that it was impose' much of the noble viscount's speech was sible for her to give those instructions to to him intelligible) it was, that not a word her navy which the noble earl called on of instruction had been given either to the our Government to give to ours? And of admiral, or to the subordinate naval offi- | which of the two nations was it the cers. All the noble viscount had said greater interest, as well as the greater was, that admiral Hallowell—a name duty; to prevent the return of Buonaparté which it was impossible to pronounce to the Continent? The object of the late without respect, as that of an individual war bad been iwo-fold; the one to reuniversally honoured, not merely for the move Buonaparte from France, the other
to prevent his return to it. As a security, the House resolving into a committee on for the latter, the restoration of the Boura the Bill for extending the Trial by Jury bons was most important. Agreeing with to civil causes in Scotland. the noble marquis who made the motion, Sir Samuel Romilly said, he did not rise that it was by a narrow chance that Buona
the progress of this Bill. He parté fell into the situation, the result of thought, on the contrary, that it was a which was the loss of his throne, he thence Bill which would confer the most imporcontended, that the best course which this tant benefits on Scotland. He could by country could have pursued was to accede no means consider it as a mere experi, (as we had acceded) to the Treaty made ment, but as an immediate remedy for a with Buonaparté. Their lordships had that great practical evil. From his own exnight been told that all the blood and perience in appeal causes from Scotland, treasure which had been expended during he knew that the greater part of them the late war, had been wasted in vain. turned upon mere matters of fact. The This he absolutely denied. We had ac mode of trying these questions now in complished that which was of the utmost Scotland was enormously expensive as well importance to Europe. Had the opinions as dilatory. A case which in England of the noble lords opposite indeed been might be disposed of by a jury five or six listened to, the efforts made by this coun
weeks after the action was brought, was try in Spain would have been omitted, often pending in Scotland for seven or and instead of discussing the merits of eight years. There was another great such a Treaty as that of Fontainbleau, we advantage, in the trial by jury, that the should have had very different subjects countenance, the deportment, and tone of for consideration, with Buonaparte in pos voice of the witness, was a sort of living session of the whole continent of Europe. commentary on the value of his testimony.
The Earl of Rosslyn reprobated the This was an advantage that trials taken neglect of his Majesty's ministers to pro- upon written depositions could not have. vide some means against the return to tbe He certainly valued highly the consciencontinent of a person whom they them. tious scruples of those petitioners, wbo selves characterised as the greatest enemy supposed, that after taking the juror's of the peace of the world. A small force oath, they could not give up their opinion wou!d have been sufficient for that pur-to their fellow jurors, so as to agree upon pose; for the question had not been ar a verdict. In this country, however, gued fairly. It was a very different where the trial by jury bad existed for operation to prevent an individual from many centuries, a man would be supposed crossing over in an open boat, and to to have a very perverted understanding, prevent the passage of an armed expedi- if he could imagine that, after having adtion. Nothing could be more futile than vanced all the arguments he could in supthe attempt made by the noble earl who port of bis impressions, he would be perbad just spoken, to justify the conduct of jured in finally acquiescing with the opithe British Government, by asserting that nions of the majority, and finding a verthat of France was as much or more inte- dict accordingly. He must also observe rested in the subject. Whether the Bours that he thought this Bill might be a prebons had the same means and the same cedent for important amelioration in a facilities as ourselves, was not the ques. part of the English law. In our Eccletion. Our Government had a distinct siastical courts, the proceedings (which duty to perform; they neglected it, and also went on written depositions) were if their lordships refused to call for the enormously expensive and dilatory. He papers moved for by bis noble friend, hoped that when the attention of the they would, in his opinion, abandon their House was called to the advantages of duty.
trial by jury in Scotland, they would also Their lordships then divided :--Con- see the propriety of a similar mode of tents, 21; Not-Contents 53: Majority; trial in many of the cases before our Ec32.
Mr. W. Dundas fully agreed with the
hon. and learned gentleman in his remarks HOUSE OF COMMONS.
on the great importance of this Bill, and Wednesday, April 12.
declared that he had no wish to precipiScotch JURY Trial Bill.] Mr. W. tate it through the House; on the conDundas moved the order of the day for trary, he was desirous of paying every ats
tention to the prejudices of the Scotch one, providing, that when a jury did not nation upon the subject. These preju- agree in twelve hours, they should be disdices, however, he hoped would in the missed, and a new trial granted. This end be removed, and the beneficial objects latter clause excited some discussion, in of the Bill universally admitted.
which Mr. Wilberforce, lord A. Hamilton, The House then went into the com- sir James Mackintosh, Mr. C. Grant, Mr. mittee. To the first five clauses no ob- Elliot, Mr. J. P. Grant, lord Binning, sir jection was made. To the sixth clause S. Romilly, sir H. Montgomery, and the
Mr. W. Dundas proposed an amend. Lord Advocate of Scotland, took part. It ment, the object of which was to provide, was finally agreed to, and the House rethat after the death of the commissioners sumed. which should be first appointed to preside in ibe Jury Court (one of whom, for
HOUSE OF LORDS. the sake of setting the machine going, it
Thursday, April 13. was intended should be English), all the
OverTURE OF Peace FROM BUONA. comasissioners should be appointed from PARTE'.] The Duke of Norfolk asked, among Scotch barristers.
This arrange whether any formal overture from Napoment, he thought, would in a great mea
leon Buonaparié, since bis return to the sure remave the jealousy, which was at government of France, had been received present felt by persons in Scotland to- by his Majesty's ministers. wards this measure.
The Earl of Liverpool replied, that an Mr. Abercrombie disapproved of this overture had been received by bis Maamendment. He paid a high compliment to the talents and fitness of the gentleman luded to, and that it had been transmitted
jesty's Government from the quarter alwhom he understood now to be appointed to Vienna. (Mr. Adam), and considered it as one of
The Duke of Norfolk inquired, whether the most important parts of the Bill
, that the noble earl had any objection to lay a there should be some one commissioner at least, well acquainted with the rules of copy of this overture before the House
The Earl of Liverpool said, that it would evidence in this country, upon trials by be impossible, under present circumjury. He thoughi it too much to tie up stances, to disclose the terms of this over. the hands of the executive power from appointing any such person, in case of
The Duke of Norfolk expressed a wish the death of the gentleman now appointed to know, whether it was in the contempla
Mr. Horner supported the amendment. tion of the noble secretary to communiHe thought that a mere English barrister
cate this overture to the House ? would be no more competent to try causes
The Earl of Liverpool stated, that it was according to the law of Scotland, than a harrister who had only practised in Scot- | the intention of his Majesty's ministers fully
to inform the House in due time of any Jand, would be to sit at Guildhall
and try communication wbich might take place cases according to the law of England. He conceived that the law of evidence in and the Government of this country,
between the present Government of France Scotland would be improved by the trial and the Government of this country. by jury; but it must be, after all, by the ther ministers had made any and what
The Marquis of Douglas asked, whe. Scoich law of evidence, and not by the communication to the present ruler of English law, that those trials must be de France, in consequence of this overture ? cided. If there was any attempt to transplant at once the English law of evidence had already stated, that the overture from
The Earl of Liverpool observed, that he into Scotland, he was sure that it would France had been transmitted to Vienna ; fail.
The Lord Advocate of Scotland cordially adding, that no communication had been approved of the measure, and thought the made by our Government to Buonaparté. amendment judiciously introduced.
The Marquis of Buckingham, adverting Mr. Croker also spoke in favour of the to the papers laid on the table respecting amendment, and fully acceded to the | Genoa, in consequence of the address propriety of the commissioners in question voted before the recess, gave notice of his being confined to the Scotcb bar. The intention to call the attention of the ainendment was then agreed to, and the House to the subject of these papers on clause adopted. Several new clauses Tuesday se'nnight, and, if possible, to were then proposed, among which was persuade their lordships to accede to a