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on that subject, not one of them had ventured to intimate what sort of instructions should have been given. In fact the greatest difficulty would have attended any attempt to define all the possible cases in which it would have been justifiable to have interfered, upon the principle that they were contraventions of the Treaty of Fontainbleau. Admiral Hallowell, indeed, had declared his determination to intercept Buonaparté, if he had found him quitting the island of Elba with any hostile intent; and the same determination must have occurred to any admiral commanding on that station, who had read the Treaty of Fontainbleau.

concile this? Was it true that there was such an understanding entertained by any admiral? And, if true, where was the security? It could only consist in this, that except Buonaparté sent word to the admiral that he was going to France, or that he was going to violate the Treaty, the officer was placed in a situation by which he was obliged to take upon himself the responsibility of either running the risk of plunging the country into war or bringing France into the situation in which she was at present placed. The noble lord, after a number of other observations on this subject, concluded with observing, that by allowing the brig of Buonaparté to sail between Elba and France, a way was paved for the return of that individual to France, and the change of the whole state of Europe. Nothing could be a stronger proof of the culpable negligence displayed on this occasion-and this incredible event would hereafter appear a fable rather than history; because no person who had not beard the noble earl speak, would ever believe that any men, charged with a duty of such importance at such a conjuncture, would abandon the task reposed in them in a manner so reprehensible.

Viscount Melville said, that it was very easy for noble lords to argue in that House what course of conduct might have been more advantageously pursued; but when it was remembered that the Allied Sovereigns, who were on the spot, flushed with victory, and able to judge of all the circumstances, felt that there were difficulties which ought to induce, and which in fact did induce them to conclude the arrangements in question, it surely was not too much to set their opinions against those of the noble lords. He understood that it was unanimously assented to, that some such arrangement as was ultimately determined on was absolutely necessary. With regard to the actual residence of Buonaparté in Elba, it had been shown by his noble friend, that he was understood to possess all the rights of sovereignty there; and what rights could appertain to that sovereignty, if those of personal li berty were denied? The noble lords opposite had argued as if Buonaparté were actually a prisoner, instead of a sovereign possessing certain consequent immunities and privileges. A great deal had been said about the instructions which should have been issued to our admiral commanding in the Mediterranean; but of all those noble lords who delivered their opinion (VOL. XXX. )

The Marquis of Buckingham said, that if the circumstances of the present times could excite any feelings but those of the strongest indignation, it must be those of pity and compassion for the miserable case which ministers had been able to make out. The noble earl opposite had ironically congratulated the noble marquis, who originated the present motion, upon his present wisdom. He would to God he could return the compliment in sincerity, and applaud the wisdom of the noble earl and his colleagues. But it was their late wisdom which he threw in their teeth; it was their extraordinary blindness which he animadverted upon, and which had exposed them to the indignation of their country. The Treaty upon which they so lately prided themselves, they now told the House was incompatible with the se curity of the objects it professed to maintain; they now avowed without hesita tion, that in sending Buonaparté to Elba, he was sent to a place from which it was impossible to prevent his escape. If so, why was he sent there at all? In censuring that arrangement they were not trying the conduct of the Allies of Great Britain; it was the Government of Great Britain they were arraigning. Why did a minister of this country suffer such a treaty to be entered upon without his concurrence? What was the professed object of that Treaty? To secure the peace and tranquillity of Europe. Had they obtained those objects? Were the peace and tranquillity of Europe secured? If they were not, with what face could his Majesty's Ministers come to that House, and boast of their acceding to that very part of the Treaty which had alone prevented the accomplishment of those ends? The flattering delusion had already passed (2 P)

away, though they all remembered how recently it was the cry of the day that the deliverance of Europe was to be attributed to the councils of the noble earl. That cry was the burthen of every song and every speech in praise of Ministers. The Peace of Paris, it was said, had been the reward of perseverance; nay, the noble earl himself was so convinced of it, that he had the motto " Peace, the Reward of Perseverance," emblazoned in burning letters on the front of his house. But how bad the Peace of Paris been rewarded? Let the noble lord look at the glittering star which shone upon his breast, and he would know at least how he had been rewarded for that peace. With respect to the other rewards which that peace had procured, one of them now appeared to be the escape of that man from the island of Elba, whose presence in France threatened to deluge Europe again with blood; nor, as it appeared, had any adequate instructions been given to prevent his escape. A gallant officer, indeed, was permitted to risk the probability of involving Europe in war, if he chose to act upon his own responsibility; but no positive, no precise instructions were given, though a sort of understanding, it was said, existed with the admiral. There certainly appeared to be an understanding in the admiral, and he wished there had been as much in the noble lords. He would not detain the House any longer, as he could not enter upon a variety of arguments which pressed upon him, without weakening the speech of his noble relative; and he should therefore sit down, in the confident hope that the motion of the noble marquis would be agreed to.

The Earl of Aberdeen said that he was chiefly anxious to correct some misconceptions which seemed to exist with respect to the condition of Buonaparté, at the time he was at Fontainbleau. From the concurrent testimony of all who were on the spot, and in a condition to form an accurate judgment, it was ascertained that if by any movement of the Allies on the corps of Buonaparté that body should be annihilated, and he himself, perhaps, destroyed also, the French army were so anxious about his fate, that the war would not then have been terminated; on the contrary, it was expected they would have rallied round his marshals and protracted the contest to an indefinite period. It was from that view, and from a desire

that the army might be transferred to the legitimate dynasty in a state of mind that would secure their services, that the arrangements at Fontainbleau were entered into; and he, for one, certainly never did expect, after the unanimous acts of adherence, and the protestations of fidelity proffered by that army to Louis 18, that they would have violated them so soon; in fact, he thought better of human nature than to suppose such baseness possible. The noble earl then, vindicated the conduct of lord Castlereagh from the imputations of lord Grenville, and contended, that he had not only hastened to Paris with all possible expedition, but that when he arrived he did all in his power to prevent the Treaty from being concluded, and at last modified it as far as it was practicable under existing circumstances. The Treaty itself was concluded under the pressure of difficulties: every moment was precious; and the chiefs of the army could not answer for their troops an hour, unless some such arrangement was determined on.

Earl Grey said, that it was not his intention, after the length to which the debate had gone, to have offered his sentiments at all, had it not been for some most extraordinary things which had fallen from two noble lords opposite. It was impossible, however, to let those observations pass without some short notice. A noble earl (Liverpool) had told them, that notwithstanding the triumphant march of the Allies into Paris-notwithstanding the glorious successes which had led to that catastrophe-notwithstanding the proud hopes which were justly founded upon those successes-the Allies were, compelled, as a matter of necessity, to submit to arrangements which, in their consequences, as they now developed themselves, menaced Europe with new dangers; and those were among the first fruits of that great and glorious success which had crowned the efforts of this country, for the maintenance of its own independence and the safety of the world. And how had that necessity been produced? Why, according to the testimony of the noble earl who spoke last, it existed in the Allies being compelled to treat with a person who at that moment was in situation of such despair, discomfiture, and dejection, at Fontainbleau-so weak, so desperate, that by a movement of the combined troops his army would have been destroyed, and its leader annihilated.

way in which he discharged the duties of a seaman, but also for the manner in which he fulfilled the more extensive obligations of a man and a citizen-that admiral Hallowell had expressed his determination, if he should find Buonaparté engaged in any attempt to land hostilely on the continental shores, on his own discretion to detain him and prevent him from executing his purpose. A most proper determination. But how did it come to the knowledge of the noble viscount? Was it by accident, or did it proceed from admiral Hallowell himself, as the precursor of a request to be instructed on the subject by the Admiralty, or at least to intimate to the Admiralty the expediency of instructing his successor with respect to it? Having, in whatever way, obtained a knowledge of this determination of admiral Hallowell, ought it not to have served as a hint to the Admiralty to give those instructions to his successor, which the resolution adopted by the gallant admiral proved to be absolutely necessary? Such appeared to him to be the breach of duty on the part of his Majesty's ministers on this occasion, that if Parliament and the country expressed a disposition to leave power in such hands, they must not be surprised at any future mischauces that might occur. A great danger had existed, against which it had been the duty of ministers to provide. The motion for their lordships' decision was, to call on ministers for the steps they had taken in the discharge of that duty. To that motion their lordships must accede, unless they were absolutely indifferent to the manner in which the affairs of the nation were administered. For his own part, he never gave a vote with more complete satisfaction, and with a more thorough conviction of doing his public duty, than he should feel that night in supporting the motion of his noble friend.

That was the declaration of a person who was himself on the spot, and had the means of knowing what he affirmed; and if that was compared with the statement of the noble lord who described the situation of Buonaparté to be so formidable that he could have protracted the war, it would be confessed that some new lights of policy were breaking upon them with respect to that transaction. It appeared that the Treaty of Fontainbleau had been concluded, not from any fear of the resistance which Buonaparté was in a condition to offer, but from the desire of transferring to the King of France that army which he commanded, in a good temper; or, to use the words of the noble lord (Castlereagh), who wrote with the same elegance and precision that he spoke, "to pass that army over to the King in a state to be made use of." With regard to the escape of Buonaparté from Elba, he thought there was a great degree of culpable negligence in our Government. The danger of such an escape required no extraordinary foresight to anticipate; and yet, because it was impossible so hermetically to seal that island as to preclude all possibility of escape-because they could not "make assurance double sure,' -because, in fact, every thing could not be done, the noble lord at the head of the Admiralty, and his colleagues, seemed to think, therefore, that they were released from the obligation of making any provisions against such an event. Consider ing the character of the person who had been placed in the Isle of Elba, considering the means which he possessed, and considering the views which had been imputed to him, was it or was it not to be expected, that he would make a descent on France or Italy? Why, then, had not provision been made against such an event? Why had not the British Admiral on that station been directed, if he met Buonaparté in his corvette, armed, and prepared for hostility, to detain him, and prevent him from executing his purpose? If he could collect any thing from the noble viscount (and he confessed that not much of the noble viscount's speech was to him intelligible) it was, that not a word of instruction had been given either to the admiral, or to the subordinate naval officers. All the noble viscount had said was, that admiral Hallowell-a name which it was impossible to pronounce without respect, as that of an individual universally honoured, not merely for the

The Earl of Buckinghamshire defended the conduct of the Admiralty on the occasion in question. Did any man conceive that the naval power of France was sunk to so low an ebb, that it was impos-' sible for her to give those instructions to her navy which the noble earl called on our Government to give to ours? And of which of the two nations was it the greater interest, as well as the greater duty, to prevent the return of Buonaparté to the Continent? The object of the late war had been two-fold; the one to remove Buonaparté from France, the other

to prevent his return to it. As a security for the latter, the restoration of the Bourbons was most important. Agreeing with the noble marquis who made the motion, that it was by a narrow chance that Buonaparté fell into the situation, the result of which was the loss of his throne, he thence contended, that the best course which this country could have pursued was to accede (as we had acceded) to the Treaty made with Buonaparté. Their lordships had that night been told that all the blood and treasure which had been expended during the late war, had been wasted in vain. This he absolutely denied. We had accomplished that which was of the utmost importance to Europe. Had the opinions of the noble lords opposite indeed been listened to, the efforts made by this country in Spain would have been omitted, and instead of discussing the merits of such a Treaty as that of Fontainbleau, we should have had very different subjects for consideration, with Buonaparté in possession of the whole continent of Europe.

The Earl of Rosslyn reprobated the neglect of his Majesty's ministers to provide some means against the return to the continent of a person whom they themselves characterised as the greatest enemy of the peace of the world. A small force would have been sufficient for that purpose; for the question had not been argued fairly. It was a a very different operation to prevent an individual from crossing over in an open boat, and to prevent the passage of an armed expedition. Nothing could be more futile than the attempt made by the noble earl who had just spoken, to justify the conduct of the British Government, by asserting that that of France was as much or more interested in the subject. Whether the Bourbons had the same means and the same facilities as ourselves, was not the question. Our Government had a distinct duty to perform; they neglected it, and if their lordships refused to call for the papers moved for by his noble friend, they would, in his opinion, abandon their duty.

Their lordships then divided :-Contents, 21; Not-Contents 53: Majority,

32.

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the House resolving into a committee on the Bill for extending the Trial by Jury to civil causes in Scotland.

Sir Samuel Romilly said, he did not rise to oppose the progress of this Bill. He thought, on the contrary, that it was a Bill which would confer the most impor tant benefits on Scotland. He could by no means consider it as a mere experiment, but as an immediate remedy for a great practical evil. From his own experience in appeal causes from Scotland, he knew that the greater part of them turned upon mere matters of fact. The mode of trying these questions now in Scotland was enormously expensive as well as dilatory. A case which in England might be disposed of by a jury five or six weeks after the action was brought, was often pending in Scotland for seven or eight years. There was another great advantage, in the trial by jury, that the countenance, the deportment, and tone of voice of the witness, was a sort of living commentary on the value of his testimony. This was an advantage that trials taken upon written depositions could not have. He certainly valued highly the conscientious scruples of those petitioners, who supposed, that after taking the juror's oath, they could not give up their opinion to their fellow jurors, so as to agree upon a verdict. In this country, however, where the trial by jury had existed for many centuries, a man would be supposed to have a very perverted understanding, if he could imagine that, after having advanced all the arguments he could in support of his impressions, he would be perjured in finally acquiescing with the opinions of the majority, and finding a verdict accordingly. He must also observe that he thought this Bill might be a precedent for important amelioration in part of the English law. In our Ecclesiastical courts, the proceedings (which also went on written depositions) were enormously expensive and dilatory. He hoped that when the attention of the House was called to the advantages of trial by jury in Scotland, they would also see the propriety of a similar mode of trial in many of the cases before our Ecclesiastical courts.

Mr. W. Dundas fully agreed with the hon. and learned gentleman in his remarks on the great importance of this Bill, and declared that he had no wish to precipitate it through the House; on the con❤ trary, he was desirous of paying every at

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tention to the prejudices of the Scotch nation upon the subject. These prejudices, however, he hoped would in the end be removed, and the beneficial objects of the Bill universally admitted.

The House then went into the committee. To the first five clauses no objection was made. To the sixth clause

Mr. W. Dundas proposed an amendment, the object of which was to provide, that after the death of the commissioners which should be first appointed to preside in the Jury Court (one of whom, for the sake of setting the machine going, it was intended should be English), all the commissioners should be appointed from among Scotch barristers. This arrangement, he thought, would in a great measure remove the jealousy which was at present felt by persons in Scotland towards this measure.

Mr. Abercrombie disapproved of this amendment. He paid a high compliment to the talents and fitness of the gentleman whom he understood now to be appointed (Mr. Adam), and considered it as one of the most important parts of the Bill, that

there should be some one commissioner at

one, providing, that when a jury did not agree in twelve hours, they should be dismissed, and a new trial granted. This latter clause excited some discussion, in which Mr. Wilberforce, lord A. Hamilton, sir James Mackintosh, Mr. C. Grant, Mr. Elliot, Mr. J. P. Grant, lord Binning, sir S. Romilly, sir H. Montgomery, and the Lord Advocate of Scotland, took part. It was finally agreed to, and the House resumed.

HOUSE OF LORDS.
Thursday, April 13.

OVERTURE OF PEACE FROM BUONAPARTE'.] The Duke of Norfolk asked, whether any formal overture from Napoleon Buonaparté, since his return to the government of France, had been received by his Majesty's ministers.

overture had been received by his MaThe Earl of Liverpool replied, that an jesty's Government from the quarter alluded to, and that it had been transmitted to Vienna.

the noble earl had any objection to lay a The Duke of Norfolk inquired, whether copy of this overture before the House?

be impossible, under present circumThe Earl of Liverpool said, that it would stances, to disclose the terms of this over

ture.

to know, whether it was in the contempla- ' The Duke of Norfolk expressed a wish tion of the noble secretary to communi

cate this overture to the House?

least, well acquainted with the rules of
evidence in this country, upon trials by
jury. He thought it too much to tie up
the hands of the executive power from
appointing any such person, in case of
the death of the gentleman now appointed.
Mr. Horner supported the amendment.
He thought that a mere English barrister
would be no more competent to try causes
according to the law of Scotland, than a
barrister who had only practised in Scot- the
land, would be to sit at Guildhall and try
cases according to the law of England.
He conceived that the law of evidence in
Scotland would be improved by the trial
by jury; but it must be, after all, by the
Scotch law of evidence, and not by the
English law, that those trials must be de-
cided. If there was any attempt to trans-
plant at once the English law of evidence
into Scotland, he was sure that it would

fail.

The Lord Advocate of Scotland cordially approved of the measure, and thought the amendment judiciously introduced.

Mr. Croker also spoke in favour of the amendment, and fully acceded to the propriety of the commissioners in question being confined to the Scotch bar. The amendment was then agreed to, and the clause adopted. Several new clauses were then proposed, among which was

The Earl of Liverpool stated, that it was

intention of his Majesty's ministers fully communication which might take place to inform the House in due time of any between the present Government of France and the Government of this country.

ther ministers had made any and what The Marquis of Douglas asked, whecommunication to the present ruler of France, in consequence of this overture ?

had already stated, that the overture from The Earl of Liverpool observed, that he France had been transmitted to Vienna; made by our Government to Buonaparté. adding, that no communication had been

The Marquis of Buckingham, adverting to the papers laid on the table respecting Genoa, in consequence of the address voted before the recess, gave notice of his intention to call the attention of the House to the subject of these papers on Tuesday se'nnight, and, if possible, to persuade their lordships to accede to a

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