Abbildungen der Seite
PDF
EPUB

That all societies which hold a correspondence with the French, should be put down, no man living can deny; but is not the law sufficient as it stands? Most certainly it is. The remedy proposed goes to the putting an end to all these societies together. I object to the system, of which this is only a branch; for the right hon. gentleman has told us he intends to propose laws from time to time upon this subject, as cases may arise to require them. I say these attempts lead to consequences of the most horrible kind. I see that government are acting thus. Those whom they cannot prove to be guilty, they will punish for their suspicion. To support this system, we must have a swarm of spies and informers. They are the very pillars of such a system of government. You will have the informer's word on the one hand, and the ac. cused on the other; and suppose the informer told you there were pikes in any man's house, and he denied it; and that upon search they could not be found-to what does this system lead? Directly to the torture. These things lead to a military tribunal; for without military force they can never be carried into effect. Another operation of this bill is to pull down every club in the country, for it applies to places where money is taken for admission, and I know of no clubs where money is not taken. This will put an end to all public meetings upon political subjects. The right hon. gentleman disavows the idea of an imprimatur, but talks of another sort of liability. I have no partiality for an imprimatur, but according to the view I have of his plan, I had rather have it than this, for in that case I shall have security after publication, although I am subject to the will of another before it; but this seems to subject the press to the operation of a general licence. I have another objection to this measure, and that is, the inefficacy of it. For one man in former times, there are now forty who pay attention to political subjects. Government, therefore, are right in taking precautions; and the only question between us is, what is the right precaution? If you can prove that the laws against treason are not strong enough already make them so, and you shall have my cordial assent. If there are traitors in this country, the only hope they have, is in the discontent of the people. Unless you remove the cause of that discontent, you are doing nothing. I would try mild, rather than_harsh mea

sures. I believe, that at no period were the people more quiet than they are at this moment. But do not suppose that, because they are silent, they are happy. This silence is with some taken as a proof of happiness; but the best security for a government is in the free complaints of a people. What is the common artifice of those who wish to accomplish the overthrow of our government? What is the ground of discontent which they perpetually work upon? The present state of the representation of the people. Look at the works of the most busy among them, and you will find that this is your only hope. This art of fomenting discontent was brought to a sort of trial at the Old Bailey. That was the substance of the charge made against the prisoners. Undoubtedly there are many reformers, or men who call themselves so, who really aim at the overthrow of our constitution. There are others who want nothing more than a fair reform of abuses. Such are the men who ought to be attended to. Such I take the right hon. gentleman himself to be, and what I wish is, what he formerly expressed his wish to be-a system of representation which would freely let the sense of the people of England into the House of Commons. I do not say that he should pledge himself to any specific plan, or to give countenance to the principle of universal suffrage, or any wild or impracticable scheme; but that he should declare his attachment to a moderate and temperate reform in parliament. There is a difference of opinion amongst worthy men upon this subject. Some think that at this time the subject should not be mentioned. So far from thinking so, I am convinced it would be of the greatest advantage, that the right hon. gentleman should now give notice, that whenever peace arrives, he will take up the subject. This would take away from those who wish to create discontent, ali pretext for what they are doing.

Colonel Hope said, that in his mind the measures now proposed did not go to the extent that was requisite. He recommended the enacting of a penalty against those who furnished money and advice to those societies, without, however, being members of them, for all such persons ought to be held up to the scorn and execration of the country.

The Attorney General said, that if he understood the hon. gentleman, he did not mean to deny the existence of those secret

societies, but had said, that the remedy was to give some sort of a reform of parliament. But would a reform of parliament content those discontented minds? Let the House examine coolly the evidence they were possessed of, and they could not deny, that reform would do nothing to tranquillize the ferment excited by the machinations of such malignant spirits. He could assure the hon. gentleman, however obnoxious the character of an attorney general was to those men, they felt as little respect for the doctrines of the hon. gentleman, unless he would go the full length of universal representation, and the other points of their political creed. Unless he would agree to the annihilation of monarchy, the subversion of aristocracy, and the confusion of property; unless he would agree to a system which would make every rich man poor, and no poor man rich, he was doing nothing. The hon. gentleman said, that there was no necessity for new laws, as the old ones were strong enough, and instanced the rebellions of 1715 and 1745, when the suspension of the Habeas Corpus was deemed sufficient. But what was the principle of those rebellions? It was a contention of rival royalties. The remedies then applied were commensurate with the case; but it did not apply to the parties. of the present day, who wished that two branches of the legislature should not exist at all, and the third be founded on a different basis.-The hon. gentleman then alluded to certain prosecutions, and used as an argument against the necessity of new laws, that the old ones were not carried into execution. He would tell the hon. gentleman what he conceived to be the principle of the constitution; the constitution did not aim at perfection, farther than could with probability be attained; it endeavoured to guard against the danger that might occur from the generality of the terms used in framing any law; and, to prevent the chance of doing mischief, in removing an existing mischief. This he took to be the foundation of that principle of the English constitution, that justice should be administered in mercy. And it was as much a breach of the law to apply the letter of the law against its spirit, as to inflict punishment without the authority of any law at all; and hence flowed another principle of the constitution, that of applying, from time to time, to the legislature to suit the exigency of cir[VOL. XXXIV.]

-

cumstances just as they arose. So he said with respect to prosecutions, being perfectly persuaded that one object of those men was, to destroy the liberty of the press by means of licentiousness. With that conviction on his mind, he should not do his duty, if he neglected to exercise the authority which the law had vested in him. In his situation as attorney general, he had such a bundle of papers in his possession, that he should be ashamed it were publicly known such had been the produce of the presses of this kingdom. But he could not go to the shops of obscure booksellers, in little alleys, and exercise a different law against them than what was put in force against the more extensive trader.-But the hon. gentleman had argued, that the laws were strong enough: that would best appear; by a review of the four preceding yearswhen the Constitutional Society assumed a new character, when it enlisted and in-. corporated with itself the Corresponding Society, whose affiliated branches had debauched half the great towns in the kingdom. Though the objects which they pursued could not perhaps be made treason by the letter of the law, yet he felt no hesitation in now declaring, that from the facts then known, they warranted an indictment of high treason to be preferred against them, to call upon them for an explanation in order to qualify their acts, which, upon the face of them, appeared so very questionable. Supposing that the whole of the evidence which the House was now in possession of, had then been known, whole bodies of men could not be indicted for high treason; and therefore would it not be better policy, instead of pursuing with the severity of the law, to absolve the individuals and dissolve the societies, and thus prevent the necessity of extreme rigor? After the trials of 1794, several meetings took place in the neighbourhood of London, calculated not only to disturb the public peace, but to rob the poor labourer of a portion of his earnings, to support the traitorous purposes of the chiefs and leaders. By the law, as it then stood, they might unquestionably have been punished; but was it not better done, by the bill passed in parliament, to prevent those meetings? thus precluding the recurrence of the mischief, at the same time that it secured the freedom of every meeting for good or constitutional purposes.-But how could the law be applied to secret meetings, [3 S]

when the members were bound by oath not to give evidence against each other? Was it not, therefore, rather more desirable to apply new laws, than to bring forwards useless prosecutions?-The hon. gentleman had alluded to the suspension of the Habeas-Corpus act at former periods; but what would he say if the same course had been followed as in the periods to which he alluded; if he had informed himself of the extent of the numbers put in confinement, and never brought to any trial? If he had considered that point, he must have confessed that the present administration had conducted themselves with tenfold lenity compared with those periods. Was it not far better to effect this measure by the lenient measures adopted than by the forfeiture of lives, and the imposition of rigorous penalties? All agreed that the object of these societies were, to aid the influence of French principles, and therefore their dissolution was the great point to be effected.-The hon. gentleman mentioned the law which prohibited persons from going to France; but it was notorious that many persons had gone to France; that they carried on their correspondence with this country; and, in fact, it was not to be supposed that an act of parliament could have the power of preventing men from getting into a boat and sailing for France, if they were determined so to do. It was now a pretty notorious fact, that Mr. O'Connor had been guilty of high treason; but would it be severe to pass a law requiring him to quit his former connexion rather than to subject him to the penalties of the existing law?—He next came to that part which related to public debating societies. When the last bills upon the subject were brought forward, some of his tradesmen asked him, if he really meant to support a bill which would prevent them from drinking a social bowl together? Such an idea was never entertained; but the law has guarded that, under the pretence of instruction, those whose habits of life could not qualify them for such investigations, should not be seduced from the path of morality and religion. He would only request that gentlemen would to-morrow observe what subjects were announced in their bills for discussion, in order to determine whether they ought not to be put under some regulation. He would not know enter into the regulations of the newspaper bill; but to see the benefits which had resulted

from that measure, he only requested gentlemen to compare newspapers now, with what they were twelve months ago. Public and individual character was much more respected, and the necessity of a farther extension rested simply on this ground. An author publishes a libel, to which he affixes his name: the Corresponding Society immediately publish a new edition on cheap paper, which they circulate with unremitting industry. To this edition there is no publisher's name, nor any means of tracing the publication. It came, then, simply to this proposition, whether under some penalty they should be bound to tell who were the authors or publishers?

Mr. Abbot said, he differed so widely from the hon. member in thinking that the laws, as they stood at present, were sufficiently strong for the exigencies of the times, that he conceived the measures would have been still more complete, if they had extended to another object which was strikingly apparent upon the face of the present report, he agreed entirely with the chancellor of the exchequer, that the new forms and shapes which the dangers of the present times had assumed would unquestionably require that we should encounter them with new arms, and defend ourselves by new laws; but he thought that parliament would also do wisely in looking back to the policy of former times, and giving fresh force to those laws which our ancestors had considered to be indispensable to the public safety. Amongst the dangers of the present times we find it distinctly reported, not only that treasonable practices have been plotting by persons of mean note and desperate fortunes, but that, "in some degree they have received the countenance and pecuniary aid of persons of a higher situation in life:" and it was most manifest, that all treasons must derive much of their mischievous force and effect from the countenance and aid of such leaders. That so it was recently found in Ireland, so it had been notoriously in the beginnings of the revolution in France, that so it has been in all times, the history of all countries abundantly proves; and it may be taken as incontestably true, that wherever there is such a relaxation of the laws as encourages such leaders to show themselves openly, it is the final warning of destruction to the government-it is the handwriting upon the wall, and all who look upon it must tremble--To check traitors

the cardinal of York, at this time an aged and miserable fugitive, of whom, where he now is, or whether he be living or dead, no man in this House can with any confidence assert. This, Sir, is the object which I wish to bring distinctly within the view of the House; and looking to the state of the law upon this matter as it now is, confronted with the treasonable prac tices exhibited in the report before us, I wish to ask of this House, whether it be

of this size, and repress mischiefs of this magnitude, it had been the invariable policy of the laws of England, from before the conquest down to the Revolution, to protect the throne and the constitution by ordaining that "lords of inheritance should be forfeited for treason." This system had been gradually extended in successive ages to different descriptions of landed property; and at length upon the union with Scotland, where the same policy had obtained, though within nar-wise or expedient to suffer that this fun rower limits, the English law of forfeiture damental law of the state, which has for treason was established in that country prevailed for upwards of 700 years, with all its consequences. He conceived which has "grown with our growth, and it not to be necessary at this time to enter strengthened with our strength," should upon any vindication of the general ground now come to an end? And whether it is of this policy; the wisdom and justice of at this season proper to invert the scale it must have been long since understood and proportion of crimes and punishments by all gentlemen who had reflected upon in an article so nearly connected with the this point of constitutional jurisprudence, safety of the throne? For unless parliaand especially by those who had ever ment interposes now, however strange it looked into the able vindication of it, may appear, it is most incontrovertibly which was published towards the middle true that it will be less penal to commit of the present century by a person once high treason than to commit common eminently distinguished in the courts of felony.-Having submitted these consiWestminster hall and in that House, by derations to the House, he should not his learning, his talents, and virtues, of presume to propose any resolutions upon whose name it would be praise enough to this subject at this time, although he was say, that it had not been eclipsed even by by no means at a loss to state it in the splendid abilities of those who had such terms as would embrace the proposucceeded him in the same high offices.- sition for which he was contending, but if, But, Sir, although the law of forfeiture upon mature reflection, the House should has been thus established and extended, be disposed to agree with him in the imsingular as it may appear, the same par-portance and prudence of the measure liament which extended it throughout itself, he hoped it would be engrafted Great Britain, did also in the same law, upon the rest in their progress through by some strange fatality, some infirmity the House. of counsel, some prevalence of popular opinion, after recognizing its general expediency, seem to have supposed that no treason could spring up in this land, except such as must have its root in a predilection for the abdicated and exiled house of Stuart; and it enacted, that after the death of the then Pretender and the accession of the house of Hanover, no estate of inheritance should be forfeited for high treason. It is true, that in 1744, with the returning danger of the state, the energy of parliament seems also to have returned in some degree; but still the law fell short of its own professed end; and the forfeiture was enacted to continue only during the lives of the Pretender's sons. And the consequence is this, that at the present hour, whether landed inheritances are or are not forfeited by high treason, depends upon the life of the last descendant of that unfortunate race,

The resolutions were agreed to, and the said bills were afterwards brought in and passed.

Proceedings against Mr. Flower for a Paragraph in the Cambridge Intelligencer.] May 1. Lord Grenville said, that he had a Breach of Privilege to complain of, and moved that the bar be cleared. Strangers being withdrawn, his lordship made a complaint to the House of a paragraph in The Cambridge Intelligencer of the 20th of April, highly reflecting upon the bishop of Landaff,* and containing a breach of

"In a few days after I had made this speech [on the union], I set forward for WestGrenville brought to the bar of the House of moreland. Whilst I was on the road, lord Lords, one Flower, of Cambridge, for having been guilty of a breach of privilege, in publishing something against my speech; what that something was I never deigned to in

the privileges of the House. The said acknowledged himself to be the printer paper being read,-Resolved, "That the and publisher of the said paper, Resaid paper is a gross and scandalous libel solved, 1. That the said B. Flower is upon the right reverend Richard, lord guilty of a high breach of the privileges bishop of Landaff, a member of this of this House. 2. That he do, for his House; and a high breach of the privi- said offence pay a fine to the king of 1001. leges of this House." Ordered, "That and that he be committed prisoner to the serjeant at arms do forthwith attach the Newgate for the space of six months, and body of Benjamin Flower, of Cambridge, until he pay the said fine." printer, and bring him to the bar of this House on Friday next, to answer for the said offence."

May 3. Mr. Flower being brought to the bar, he was informed of the complaint made against him; and Mr. Flower having been heard as to what he had to say in answer to the said complaint, and having

quire. The punishment inflicted by the House was, as I remember, imprisonment for six months, and a fine of 100%. I sent the following letter to lord Grenville on the occasion; for I thought myself the more obliged to him, as I had no acquaintance with his lordship, and was wholly ignorant that I had been the object of Mr. Flower's abuse.--

"Calgarth Park, Kendal, May 10, 1799. << < My Lord;-I yesterday learned from the newspapers what has passed in the House ' of Lords relative to Mr. Flower. I am sensible that your lordship has taken up this ' matter from your great attention to the public service; yet I must beg you to allow me the liberty of returning you my thanks for the protection which you have thereby afforded to myself. As I am an utter stranger to the person and character of Mr. Flower, and wholly ignorant of the magnitude of his offence; I cannot, therefore, with propriety, 'interfere in soliciting a mitigation of punish"ment; but if any application should be made to the House for that purpose, I will trouble your lordship to say, that the bishop of Landaff, as an individual, will feel much more satisfaction in forgiving the man's malignity, than in avenging it. I have, &c.

R. LANDAFF.'

“Lord Grenville's Answer, dated Dropmore, May 14, 1799.

Report from the Lords Committee of Secrecy relative to a Treasonable Conspiracy, &c.] May 27. Lord Grenville reported from the Lords Committee appointed to inspect the Papers delivered by his majesty's command (sealed up in a bag), containing secret information received by his majesty's government, relative to the proceedings of different persons and societies in Great Britain and Ireland engaged in a Treasonable Conspiracy, and to the design carried on by and societies, for effecting the separation our enemies, in concert with such persons of Ireland from this kingdom:

That the said papers, and the other informations which have been laid before them, contain the most decisive evidence of an extensive conspiracy carried on with unremitted industry, both in Great Britain and in Ireland, for the destruction of the laws and government; for the overthrow of every existing establishment, both in church and state; and for imposing, by force, on the people of these realms, under the influence and by the aid of France, a system subversive of public order, morality, and religion.

In the formation and progress of this conspiracy, your Committee have seen a constant and systematic adherence to that course which, having opened the way to all the calamities and crimes of France, has since been uniformly pursued by all those who, in various parts of Europe, have engaged in similar designs: and your Committee are therefore decidedly of opinion, that the criminal proceedings which have been established in evidence before them, are not to be considered merely as the acts of unconnected and obscure individuals, but as branches and members of an "My lord;---I was this morning honoured extensive and complicated system, which aims with your lordship's obliging letter. In the at nothing less than to subvert the whole instance to which it relates, I have only disorder of society as now established in Europe, charged a public duty; but it was with pleasure that I availed myself of the occasion, to express my respect for the character of a person, whose exertions in the defence of religion are, I am persuaded, the real cause of the scandalous and unprovoked calumnies against him. If any application is made to the House in behalf of Mr. Flower, I will not fail to obey your lordship's commands. I am, &c. GRENVILLE-Anecdotes of the Life of Bishop Watson, by Himself, vol. 2. p. 89.

[ocr errors]
[ocr errors]

·

The means which are every where ultimately looked to for the accomplishment of this design have been exhibited in France in their fullest operation and extent; they have unhappily been (though in a less degree) exemplified in Ireland; and it is the painful duty of your Committee to lay before this House a general view of the plan which has been pursued by a part of their fellow-subjects in this kingdom, in order to prepare the way here for similar scenes of insurrection, rebellion, and

« ZurückWeiter »