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CHA P. XI.

Measures for the external Defence and internal Tranquillity of the British State.-Motion against any Negociations that might prevent or impede a Negociation for Peace.-Negatived.-Bills for continuing the Sufpenfion of the Habeas Corpus.-Digreffion to the State Prifon in Cold-Bath-Fields.

FROM

ROM the bufinefs of finance, or the supplies, and the great object to which they were directed, we proceed, agreeably to our plan, to the measures adopted by the legislature for the external defence and internal tranquillity of the state. But, it may not be foreign to the defign of an Annual Regifter to notice allo some of the measures proposed for thofe ends, and that were under difcuffion, though not adopted by the legislature.

On the eleventh of December, Mr. Tierney moved" that it was the duty of his majefty's minifters to advife his majefty against entering into any negociations which might prevent or impede a negociation for peace, whenever a difpofition fhould be fhewn, on the part of the French republic, to treat on terms confiftent with the fecurity and interefts of the British empire." He was induced to think that the pacific difpofition, which, foon after the conference at Lifle, was manifefted by his majesty's declaration, had been abandoned, and that a new fpirit had begun to rife up, leading to an extenfive connection. It might be faid that this motion was an encroachment on the prerogative of the crown. But, as a member of

that houfe, he had as good a right to fay, that the fupplies fhould be granted exclufively for England, as to fay, that there fhould not be any fupply. It might be faid that this motion had a tendency to damp the spirit which was now rifing in Europe. There was no fymptom rifing in any quarter, from principle: on which alone, the value of any fpirit and even the duration of it could be founded. After a review of Ruffia, Pruffia, Auftria, and the Ottoman Porte, he could fee nothing like a fyftematic courfe of oppofition to the ambitious projects of the enemy in general. A great confederacy against France, and that at a time when she did not poffefs the advantages of a fettled government, had already been formed and difcomfited. What produced the difcomfiture of the confederates? The fkill of the French or the jealoufy and indecifion of the allies? On either fuppofition the conclufion, from experience, would be the fame. Could it really be believed that France, after having got Mantua, Luxemburgh, and other places, was more easily to be driven within her ancient limits, than fhe was before he made thele acquifitions? He fhould think it [02]

an

an encroachment on the prerogative of the crown were he to fay what is, and what is not, for the fecurity, the honour, or the intereft of the British empire. But minifters had put into his majefty's mouth, on the rupture of the conferences at Lifle, words tantamount to the fpirit of his motion. He quoted his majefty's declaration to that effect. His majefty looks with anxious expectation to the moment when the government of France may fhew a difpofition and fpirit in any degree correfponding to his own. And he renews even now, and before all Europe, the folemn declaration that he is yet ready (if the caJamities of war can now be closed) to conclude peace on the fame moderate and equitable principles and terms which he has before propofed." Mr. Tierney did not propofe any thing that should bind government as to terms. He was anxious only to renew the spirit of a declaration, which did honour to his majefty's councils at the time it iffued. If minifters departed from the fpirit of that declaration, and adopted any other, they fhould affign a reafon for to doing. There could be but two-the aggreffion of the French in Switzerland, which was not a novelty, as Venice witnessed, and the victory of admiral Nelfon. This was unquestionably great and glorious: but, it fhould be recollected that the declaration, after the conference at Lifle, was made after the brilliant victory of lord Duncan. As to the objection, that this motion might operate as a notice to France that we could not any longer co-operate with our allies, he did not fay any thing of the terms on which peace fhould be made, and we might and ought

ftill to co-operate as last year, with our allies, by our naval exertions.

that

Mr. Canning expected from the honourable gentleman rather fome folid reafons, for the measure he had propofed, than an anticipation of the objections which he thought might be brought against it. As to the point of conftitutional form, he was not inclined to lay the greatest ftrefs on any objection on ground. The motion, though extraordinary, was not wholly unprecedented." Examples were not wanting. But he prefumed that it would be farther neceflary for Mr. Tierney to thew, as had been fhewn or attempted to be fhewn in all former inftances, that fome neceflity exifted which called for the interference of the houfe of commons. Mr. Canning fummed up the fubftance of a long, yet lively fpeech (though dotted, after the manner of young men, with quotations) by stating that the motion appeared to him to be founded on no principle of neceffity: fince, if it was intended for a cenfure on minifters, it was unjuft; if for a controul, nugatory: as its tendency was to impair the power of profecuting war with vigour, and to diminish the chance of negociating peace with dignity, or concluding it with fafety.

Mr. Jekyll afked whether, in the moment in which we flood, on the proud eminence of such a victory as that at Aboukir, was not the moment to think of peace, in what state of our affairs could we turn our attention to that great obje& with propriety? This country, however, was again to be embarked on the ocean of continental politics, without knowing the purpoles for which we were engaged, or the extent to which we might be

.

involved.

involved. On the authority of and convicted those perfons, would Bolinbroke, fir Robert Walpole, and lord Townend, he recommended an adherence to our infular policy, and an avoidance of continental connections.

Sir James Murray Pultney obferved, that the fituation of the continent was fuch as to oblige the French to make great preparations, both on the Rhine, and in Italy: which might be confidered in fome measure as equal to a campaign: a circumftance which must have operated greatly in favour of this country. He was not quite fure, if Europe had been quite tranquil, and France had feen all the continent at her feet; if the enemy had kept up a great force on their coafts, and expended the fums they had fpent in military preparations by land, on their marine; but it might have been more difficult and dangerous to detach fo large a divifion of our navy to the Mediterranean, by which the fplendid victory of lord Nelfon was atchieved.

Mr. Tierney's motion was negatived without a divifion.

On the twentieth of December, Mr. Pitt having premifed, that the circumftances, which at firft renderit neceffary to fufpend the habeascorpus act, being fill fo forcible, as to prevent the neceffity of his enlarging on the fubject, moved for leave to bring in a bill for continuing the fufpenfion of the habeascorpus act, for a time to be limited. Leave being given, the bill was read a first time. On the fecond reading, the following day, Mr. Courtenay took occafion to enumerate the benefits of the habeas-corpus act. A number of perfons were arrested laft year, he believed, not lefs than feventy or eighty. To have arraigned

have been the belt reafon that could have been urged for continuing the fufpension of the habeas-corpus act. Had there lately existed any fymptoms of rebellion, or had any informations taken place in any quarter of the country? On the contray, no period fince the revolution, Mr. Pitt would bear witnels, had difplayed more loyalty and attachment to government. There was another reafon why Mr. Courtenay thought the fuípention of the habeas-corpus ought to ceale. The perfons imprifoned under the act, now propofed to be continued, were moft cruelly treated. Having vifited the prifons, he found the priloners without fire, and without candles, denied every kind of fociety, expofed to the cold and the rain, allowed to breathe the air out of their cells only for an hour, denied every comfort, every innocent amufement, excluded from all intercourfe with each other, and each night, locked up from all the reft of the world. He fuppofed it was fcarcely neceffary to inform the houfe, that the prifon, of which he had been fpeaking, was that in Coldbath-fields, known by the name of the baltille. He underfood that fome reverend gentlemen were among the magiftrates, who managed it: and who, no doubt, kindly fubjected their prifoners to fo much pain in this world, that the lefs punishment might be inflicted on them in the next. It was not to perfons fufpected of ftate crimes alone that the ufage he i ad def cribed was extended. A diforderly woman, as he was called, that is, one of thole unfortunate creatures who walk the fireets, was confined in a cold damp cel', [03] though

though not convicted of any felony, and Imarting under the virulence of a difeafe with which women of the town are frequently afflicted. In another difmal cell he found a boy confined there for difobedience to his mafter. Mr. Courtenay lamented that an honourable gentleman, celebrated for his humanity, had not visited that prifon. His principles of vital Christianity (principles which he had indeed read in his book) would have induced him to exert all his eloquence for ameliorating the condition of thofe unhappy people.

Mr. Dundas faid, that the points urged to night, having no earthly connection with the bill before the houfe, might as well have been urged at any other time, or on any other occation, as the prefent. If there exifted any abuse in the management of goals, there was an eafy remedy: as they were all of them under the management of fome magiftrate or other. In order to fhew that the fufpenfion of the habeas corpus fhould not now be continued, Mr. Courtenay fhould fhew that there did not now exift any treasonable feditious fpirit any where in the country. Did he mean to say that there was nothing of that kind difcovered at Maidftone?

Mr. Tierney obferved, that a meffage was brought down from his majefty, laft feffion, ftating, 1 that there was an imminent danger of an invafion, aided by difaffected and treafonable perfons in this country; and that a bill of indictment had been found by a grand jury, at Maidstone, againft five perfons, for high treafon.Combining these two circumftances together, he could not deny that

a cafe was made out which warranted a temporary fufpenfion of the habeas-corpus act. The fituation of the country was now, however, completely altered. No one, who had read the king's fpeech, at the opening of the prefent feffion, could fuppofe that his majesty's minifters had now any apprehenfion of an invafion. The number of perfons arrefted, in confequence of the fufpenfion of the habeas-corpus act, had been stated to be between feventy and eighty, who were now all difcharged, except a few, and these were not brought to trial, though detained in confinement fince laft April. This feemed to indicate that there was not much reafon for continuing the measure: and it was certainly but fair that fome new motive fhould be shewn, before the house was required to agree to the bill. Had the gentlemen, who visited the Cold-bathprifon, procured their inquiries in a proper manner, the sheriffs must have been applied to, and other perfons examined, whofe local fituation rendered their information indifpenfable to a conclufive opinion. If the fheriffs had been found to blame, it would have been a grave point to proceed upon, but nothing of this fort was alleged. He wished the house to reflect on the clofe alliance in principle between the United Irish and the French. The Irish, like the French, had their executive directory. In Ireland, as in France, there was a government within a government, feeking the ruin of their country, but audacious enough to promife the deluded people of Ireland fuccour, from the fale of the eftates of the gentry of Ireland. United Irifhmen could make United Britons.

Britons. If, as a fociety, they did not correspond with focieties here, they propagated mischief as individuals.

Mr. Burdon faid, that when he went to vifit the prifon, fo far from perceiving the parties fent there by warrant by the fecretary-of-ftate, to fuffer by any rigorous confinement, he faw them walking about with each other, and perfectly undifturbed. They had the means of enjoying both air and exercife at proper hours: nor had they any reafon to complain, as to the means of fubfiftence, having an allowance from government of 13s. 4d. per week. Sir Francis Burdett, while he ftill afferted, that there were many circumstances in the ftateprifon, in Cold-bath-fields, tending to grievous fuffering and difeafe, and that, in many inftances, the prifoners had been treated with unjuftifiable feverity, admitted, that those matters were not ftrictly in point, on the confideration of the bill before the house. But no ground had, in his opinion, been ftated, on which the houfe could furrender fo important a bulwark of the liberties of the subject.

The folicitor-general gave a sketch of the origin and hiftory of the fufpenfion of the habeas-corpusact. It originated in the reign of king William. In the year 1715, when this fufpenfion was renewed, the most falutary confequences had followed. This precaution having been omitted in 1745, left the country in a much more dangerous ftate than that in which it was in 1715. The fociety of United Irifhmen was that which enabled the confpiracy to diffuse itself, till at length it burit forth in acts of open rebellion. Strong attempts had been made to eliablish fimilar focieties in this

country. Correfponding focieties
had been formed, with their execu-
tive committees: an imperium in
imperio had been introduced, which
was nothing elfe than a germ
Now
of treafon and rebellion.
fuch fort of treafon was not eafy to
be brought home to the conviction
of a juryman, because actual treason
was concealed in the matter that
was to bring it forth. And it
was with great difficulty, that
minds not habituated to confider
the fubject with the greatest atten-
tion, could be led to fee the danger
that furrounded them! The execu-
tive government, affuredly, would
not have done its duty, had they
not made ufe of all lawful means to
thwart the defigns of persons who
had engaged in fuch combinations,
and to break the ftrength of fuch
confederacies.

There

Mr. Mainwaring faid, that the
reports of abufes in the management
of the Cold-bath-prifon, were
wholly void of foundation.
was not a more comfortable place
of the kind in the whole country,
or one in which, in proportion to
the numbers confined, there was
lefs fickness. Every thing was pro
vided for the ftate-prifoners in the
Mr. Wilber-
moft liberal manner.
force, too, vindicated the manage-
ment of that prifon. He had vifit-
ed it himself, and had very fatif-
factory accounts from a corref-
pondent, of the ftate of the prison,
as to the health and treatment of
the prifoners. Mr. Ellifon fpoke
ardently in praife of minifters, who
had fo well exercifed the powers
with which they had been invested;
and moft heartily gave his vote to the
bill. The attorney-general, in re-
ply to fomething that had fallen
from fir F. Burdett, faid, that in
fupporting the mcafure, he was not
[04]

actuated

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