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that may have resulted from the army of leagues. If he spoke, it was absolutely ne
reserve act, is not, I assert, attributable cessary to make this re-assertion, or to unsay “ to ministers, who were quite at a loss what his former assertion. The latter he was
course to take, and who knew noi, in asliamed to do in so direct 'a manoer; and “ fact, what measures were applicable to the former he koew would have driven him “ the dangers of the country. Is not this from his place, and from the cabinet for ever. “ enough 10 expose the miod of niinisters; Indeed, it was positively and most “ to show their disacquaintance with the exultingly asserted amongst the partisans of
means of executing even their own pur the noble Lord Viscount Sidmouth, that Mr. .“ poses ! Indeed, I am perfectly con. Pitt, whenever Mr. Windham's motion came “ vinced of their want of vigour ; every on, would find it convenient to unsay in the « circumstance serves to show it, and I most unqualified manner, all that he had “ have, therefore, the strongest conviction said last year respecting the “ incapacity and
upon my mind, that they are incapable " imbecility" of Mr. Addington ; and The “ of acting upon any thing like system, Times (the Addington newspaper) went so “ of adopting or executing any energetic far as to state, that they (the writers in that " or well-digested plan for the defence of paper) had much too high an opinion of “ the country. I do not, of course, place * the heart as well as the head of the Right
any bope in their exertions, and, tberefore, “ Honourable Chancellor of the Exche
concur in the propriety of the proposed quer" (this paper has never called him the “ committee, where every question con minister since the poble Lord Viscount Sid. “ nected with our security may be fully in. mouth's return to power] “ not to believe « vestigated." Well, then, Mr. Windhain, " that he would sieze the earliest opportunity migbi have said, we see, that the ministry now “ of not only acknowledging, that his contains all the same men, the very same men, "charges against Mr. Addington wereudjaswith the exception of Lord St. Vincent and “sified by fact” (that is to say that they was Mr. Yorke, that it contained when this speech false), “but that the measures and conduct was made. Therefore, Mr. Pitt must unsay “ of that gentleman, who was so unworthily what he said upon Mr. Fox's motion, be “ treated, deserve high commendation, and must confess that he gave an untrue descrip ought to be imitated by his successors to tion of eiglit out of the eleven of his present " the latest posterity." The Viscount was, colleagues, he must, in open parliament, re. in the mean time, taking, upon this subject, gorge the charges of " incapacity and imbe a corresponding tone in the House of Lords.
cility," or, he must insist that he and the In the debate on the 151h ultimo, in allusion three other new cabinet ministers (aided by 10 what had been said relative to the inco. Messrs. Canning, Trotter, Fordyce, Huskis. pacity and imbecility," with which bis preson, &c. &c.) possess all the present capacity sent colleagues formerly charged him, he and energy, and that the noble Sidinouth and said: “ I have to-night, for the first time his part of the cabinet are noihing more than “ since I have had the honour of a seat in mere signs of ministers, merely like wooden “ this House, heard what I have been too backed books in a library : “one of these " much accustomed to hear in another place, 66, courses he must take," it was observed on “ of the inefficiency of His Majesty's minisa former occasion, “ or he unus: assent to the
I ever wave, and ever shall, treat “ propriety of going into the proposed com “ such charges and insinuations, come from “. mittee." I was mistaken. He found out “ what quarter they will, with the contempt a course which I did not perceive, and which, " they deserve.” Mr. Pitt had been an ob'. if I had perceived it, I should have thought server of this; and, therefore, he chose, quite impossible for bim 10.pursue. Yet, upon Mr. Windham's motion, the course of why should I not have thought it possible, and silerce, leaving his partisans to give to that even likely? Yes, this question is pertinent silence the most favourable interpretation; enough new; but, in spite of every thing and, on their making most strenuous efforts that had passed, I could not, a mooth, only a he might safely rely, because, however their month ago, have believed of bim what I opinions of biin may be altered, however they have now witnessed. It is curicus to look may, in their hearts, think meanly of him, back, and to trace him downwards in one's yet they are, they have long been, and they mind! He could not have answered Mr niust remain, his partisans, or be politically Windham's speech ;, that was out of his | annihilated: they wear his livery, and, like power; but, he would bave attempted it, the footman of Nell Gwyn, they are fighting could he have ventured to re-assert his for for their own reputation, and not for liis
. nier opinions respecting the "incapable and " What business had you fighting saat ".in boili" ministers who are now bis col- Nell, looking out of her coach-window,
" Why, madam," said the knight of the the man who made these modest observarainbow, “ this fellow called your ladyship | lions, now stands up in the very same place,
a whore."....“ Poh! you' fool!" said and declares in the heariog of the same asshe, “ every body knows that!". .“ Do sembly, that he is disposed " to show every " they so," said the koight to himself, “ but “ respect" to, and to " adopt the conduct of," " they shall not call me a whore's fontman the person wild whom he was bere putting sk though, as long as I have a pair of fists hinself in contrast! There is nothing like This is a distinction which is founded in rea this in the history of parties in this country, son and nature ; but it is one, which, in esti or in any other history that the world ever mating the conduct of political partisans, we saw.--Mr. Canoing, toul He that used to too often leave out of the account. A joke about “ the Doctor's emetics," and very few days after the Viscount had made about “ brother Hiley's in shilling warm the speech above referred to in the House of “ great coats!" I'll warrant that he will of Lords, had so openly expressed his con crack no more jokes upon the medical protempt of all those who should talk of the im fession. Van Butchell and other gentlemea becility and incapacity of himself and his of that description will, in foture, be spared colleagues, alluding, at the same time, very in his verses ; and, as to the great coats, he intelligibly to what had passed in the other will never put on his own without recollectHouse of Parliament. Four days after this iog, that that is a subject to be avoided. Mr. (that is on the 19th ultimo) and only a day Canning! he who "objected to the head" or two after the above-quoted broad hint had of the late administration and who told the appeared in The Times newspaper, Mr. House of Commons, that "that was changed?" Pitt (in a conversation upon the salt duty, Mr. Canning! yes this very Mr. Canning and in answer to what Mr. Sheridan had never even alluded to that part of Mr. Windhinted at respecting the care which ought to ham's speech, wherein, as the very foundabe taked not to run down the measures and tion of the argument for going into the comopinions of the late finance minister) said: “I mittee, upon the avowed sentiments and a. am disposed to pay every respect to the rt. principles of Mr. Pitt, it was stated, urged, " honourable person, to whom the honour. and insisted on, that the late cabinet, when “ able gentleman has alluded ; and I cannot compared with the present 'one, was a cabi. 1
prove that disposition better than by adopt. | net of wisdom and vigour. This was the
ing his conduct"!!! Adopting his con part of the speech to answer first of all. It dact! Disposed to show “ every respect to," was first in importance as well as first in orand even to "adopt the conduce” of the “ in der. Last year, said Mr. Wiodiam, you " capable and imbecile" ministry! Of that voted and spoke in favour of just such a movery minister, whom he bad loudly accused tion as this, in favour of a proposition for of " tardiness, incongruity, languor, incapa the House to take into its own hands an es. " city, and imbecility!" Show every respect amination into the state of our military deto, and adopt the conduct of, him to whom, fence; and this you did, because the mithough minister, he « boldly" asserted, that nisters were so incapable and imbecile as no part of the measures taken for the defence not to be worthy of our confidence. Well, of the country ought to be attributed! This the cabinet is now composed of the same bold tone seems to be gone off, as far, at persons that it then was, except that Lord least, as relates to the Viscount and his, St. Vincent and Mr. Yorke are gone out, friends.---There is no getting over this. and Mr. Pitt, and Lords Melville, Mulgrave, There is no quitting the subject. The sur... and Camden are come in, I insist that the prise, or whatever feeling it may be called, is present cabinet is, and has by its acts shown such as to divert the mind from every thing itself to be, more incapable and imbecile else: What! disposed " to show every than the late cabinet; and, therefore, I call
respect to that person to whom he was upon the House, and say, that without allading, when, in the debate of the i8th of glaring inconsistency you must support my.; June last, he said: “it is insinuated, that call, to go into a committre for the purposes " there has not been a sufficient change in Jast year proposed. -This canle directly. " the ministry; but, surely, the right hon. honie to them. It was a point blank ap"gentleman below, 'must, at least, be satis, peal to their spirit. But, all was in vain...
fied, that the change is sufficient, and Not a word by way of answer from Mr. " that the present is really a new adminis-Canning; pot, as was bufore observed, even. tration. Few will doubt, that a very real an allusion to the contrast that was drawn, change has taken place, when they con between the present and the late cabinet.
sider that the office of first Lord of the Such was their dread of the consequences, “ Treasury is now held by mnie!" And yet, that they dared not assert even that the
present cabinet was not more incapable and 6 tion of force, which was likely to be proinibecile than the late cabinet ! Never cured by Mr. Pitt's defence bili, to that was humiliation so complete as this. Ne great standing army, which appears to be ver before were power and emolument pur recommended by Mr. Windham." And, chased at so dear a rate. Call not this these are the slaves, observe, who have been conduct ambitious ! Let not the feeling defending, through thick and ibin, all the that dictated it be dignified with the name mta:ures relative to Ireland; che suspensioa of ambition ! Disgrace not so the passion of the habcas corpus act, without inquiry in which leads to noble deeds, and which is ibe first instance, and its renewal for another always distinguished by a contempt of pre year and a half, perhaps, still without any cisely those things, which alone are here inquiry, without any evidence before parliakepi constantly in view. No: it is not ment; whereon to proceed to such an act of ambition : the operators are not endeavour rigour, and that, too, at a time, when the ing to vault above the heads of other men, parlianient had, from the ministerial bench, but to climb up in the best way they can ; just been congratulated on the “ tranquil and, as was, with respect to them, once « state of Ireland !" At a time when the before observed, in the words of Swift, hirelings are bawling against the dangeran “ climbing is performed in the attitude of which the liberties of the people bave to ap“ crawling." The endeavour will not, prehend from a standing army, and are, at however, succeed. The times are approach the same time, jastifying the treatment of ing when they must rise, if ihey rise at Ireland, it seems necessary to show what the all, in a very different way. When I see a habeas corpus act is, wl at that is of which climbing young friend casting his eye Ireland has been so long, and is to be for so about him ; attentively observing the daily much longer deprived, not only without ex increase of grey hairs; minutely calcolating citing any portion of that " constitutional ages, constitutions, and contingencies: “ jealousy," which Mr. Canning (an Irish. when, in imagination, I see him lost, as it man and an Irish menber) is said to enter were, in reveries of this sort, I cannot help tain with respect to a standing army, but calling in mind the fate of poor Captain without operating powerfully enough with. Blitil, who, while he was walking over his him to prevent him from voting for the furs, brother's gardens, and forming a plan for ther suspension. Endless are the eulogies altering them when they should fall to him, that have been pronounced upon the writ of dropped down dead in an apopletic fit. A habeas corpus, particularly as its powers are stroke of the funds, or some such thing, explained in the act, called the babeas core, would, the young friends may be assured, pus act, which was passed in the 31st year of produce amongst them political consequen King Charles the Second. I will, at preces not less swifi or less fatal.
sent, confine myself to BLACKSTONE, who IRISH HABEAS CORPUS. -The date has taken great pains to describe this valuaand the resuit of the debate in the House of ble and once revered part of our laws. "In Conmons upon the introduction of the bill a former chapter of these commentaries," for the further suspension of the babeas core says he, “ we expatiated at large on the perpos act in Ireland, were noticed in the pre “sonal liberty of the subject. It was shown ceding sheet, to which I beg leave to refer “ to be a natural inherent right, which could the reader. -- Previous to any remarks upon 6 not be surrendered or forfeited unless by tlris measure, it seems necessary to describe “ the commission of some great and atrothe vature of the habeas corpus act; for, " cious crime, nor ought to be abridged in réally, men appear almost to bave forgotten “ any case without the special permission of what it is. The hired writers in the minis “ law. A doctrine co-eval with the first terial newspapers tell us, that "there is one “ rudiments of the English constitution ;
great crror or deficiency, that runs through " and handed down to us from our Saxon " all the military opinions of Mr. Wind " ancestors, notwithstanding all their struga “ ham, namely, that he appears not suffi " gles with the Danes, and the violence of “ ciently attentive to the distinction be the Norman conquest : asserted afiera. “ tween this free and happy country and the " wards and confirmed by the Conqueror “ nations of the continent." [All of them, “ himself and his descendants: and though. observe.] " He never takes into his views “ sometimes a little impaired by the feroa, “ of the question, that constitutional jealousy city of the times, and the occasional des" which this country has ever shown against potism of jealous or usurping princes, yes. "- farge standing armies in times of peace. established on the firmest basis by the " It is on this con titutional ground that Mr. “ provisions of Magna Charta, and a loug “ Canning decidedly preferred that descrip “ succession of statutes enacted under Ed
ward III. To assert an absolute exemp " once convey the alarm of tyranny through" tion from imprisonment in all cases, is in out the whole kingdom. But confine" consistent with every idea of law and po ment of the person, by secretly hurrying “ litical society and in the end would de o bim to gaol, where his sufferings are un-,
stroy all civil liberty, by rendering " koown or forgotten, is a less public, a less of its protection impossible : but the s striking, and, therefore, a more dangerous « glory of the English law consists in clearly " engine of an arbitrary government." (Book “ defining the times, the causes, and the I. c. 1) I am, and always have been, one 9 extent, when, wherefore, and to what of those who entertain ihis opinion. The " degree, the imprisonment of the subject partial, capricious and cruel blows of des
may be lawful. This induces an absolute potism are much less injurious to the general
necessity of expressing upon every com and real liberties of a country, than are any, “ mitinent the reason for which it is made; of those proceedings, by which tyranny is " that the court, upon an Habeas Corpus, exercised under the names, and with the .
may examine into its validity; and ac forms and appearance of law and justice. “ cording to the circumsiances of the case Nobody sees the man that is carried off to a
may discharge, admit to bail, or remand gaol; or, if they do, it is an ordinary act, " the prisoner." (Book III. ch. 8.) Thus, though, in reality, it may be wickedly unwe see, that according to the opinion of this just. I do not here niean to insinuate, that very eminent lawyer, the personal liberty of such acts of wickedness have been committed the sabject is no new thing in England. in Ireland, under the suspension of the Ha. That it is not, when enjoyed, a gift of any bo beas Corpus Act; for, I am, as most other dy, and that it has not arisen from any no persons in this country are, totally ignorant dern institutions ; but, ihat is a right, not of the matter. But, if we do not allow, that only of nature, but of inheritance from the such acts may be committed in consequence, carliest times. After describing, in another of such suspension, all the praises which place, the extensive operation, and efficacious have been bestowed upon this “ second nature of the writ of Habeas Corpus, the magna charta and stable bulwark of our same writer proceeds thus to speak of the " liberties," as Blackstone elsewhere calls excellence of the act which prescribes the it, are mere empty sounds, which can be of the .
useexcept to " called 'the Habeas Corpus Act, the me Blacksione, in a subsequent part of his Com's thods of obtaining this writ are so plainly mentaries, gives an account of several shifts "pointed out and enforced, that, so long as and contrivances, by which the benefit of " this statate remains unimpeached, no sub " this great constiiutional reinedy" were
ject of England can þe long detained in defeated, by the judges and others." But,"
prison, except in those cases in which the says he, “ whoever will attentively consider " law requires and justifies such detainer. “ the English history, may observe, that, " And, lést this act should be evaded by de " the flagrant abuse of any power, by the
manding unreasonable bail, or sureties for crown or its minister, has always been " the prisoner's appearance, it is declared, * productive of a struggle; which either " by i W. and M. st. ii. c. 2. that excessive “ discovers the exercise of that power to be "bail ought not to be required.-Of great
“ contrary to law, or (if legal) restrains it importance to the public is the preserva u for the future. This was the case in the "tion of this personal liberty : for, if once present instance. The oppression of an
it were left in the power of any, the “ obscure individual gave birth to the fa.
highest magistrate to imprison arbitrarily mous Habeas Corpus Act, 31 Ch. 11. “ whomever le or his officers thought pro
c. 2, which is frequenily considered as per, (as in France it is daily practised by 61 another Magna Charta of the kingdom ; " the crown) there would soon be an end, " and by consequence has also in subse. " to all other rights and immunities. Some quent times reducd the method of pro"' have thought, that unjust attacks, even " ceeding on these writs (though not wiihin
upon life, or property, at the arbitrary. “ the reach of that statute, but issuing mere. “ will of the magistrate, are less dangerous
“ ly at the common law) to the true standard " to the commonwealth,' than such as are of law and liberty:--- The statute itself "" made upon the personal liberty of the “ enacts, l. That the writ shall be returned " subject. To bereave a man of life, or by " and the prisoner brought up within a li. "violence to confiscate his estate, without “ mited time, according to the distance, not " accusation or trial, would be so gross and " exceeding in any case twenty days. 2. "' notorious an act of despotism, as must at
" That such writs shall be endorsed as grant.
Car. 11. ch. 2. Says he,.. commonly with the letion of liberty
" ed in pursuance of this act, and signed by « into the counties palatine, cinque ports, and. " the person awarding them. 3. That on “ other privileged places, and the islands
complaint and request in writing, by or “ of Jersey and Guernsey. 9. That no, " on behalf of any person committed and 1 inbabitant of England (except persons charged with
any crime (unless committed " contracting, or convicts praying to be “ for treason or felony expressed in the “ transported; or having committed some “ warrant, or for suspicion of the saine, or s capital offence in the place to which they,
as accessary thereto before the fact, or are sent) shall be sent prisoner to Scol“ convicted or charged in execution by legal " land, Ireland, Jersey, Guernsey, or any
process) the Lord Chancellor or any of “ places beyond the seas, within or witbout " the twelve judges, in vacation, upon riew " the King's dominions : on pain that the "ing a copy of the warrant or affidavit party committing, his advisers, aiders, " that a copy is denied, shall (unless the " and assistants shall forfeit io he party “ party has neglected for two terms to apply grieved a sum not less than 500l. to be “ to any court for his enlargement) award “ recovered with treble costs; shall be " a Habeas Corpus for such prisoner, re " disabled to bear any office of trust or “ turnable immediately before himself or profit ; shall incur the penalties of pree
any other of the judges; and upon return “ munire; and shall be incapable of the " made shall discharge the party, it bril king's pardon." (Book Ill. ch. 8.) "able, upon giving security to appear and Drawing towards the end of his work, the
answer to the accusation in the proper commentator thus concludes his account of " court of judicature. 4. That officers and the progress and completion of the restoration “ keepers neglecting to make due returns, of English liberty. His words are well worth " or not delivering to the prisoner or his remarking." Though the monarch," says he,
agent within six hours after demand a speaking of King Charles the Second,'« in
copy of the warrant of commitment, or " whose person ihe royal goveroment was • shifting the custody of a prisoner from “ restored, and with it our ancient con.
one to another without sufficient reason “ stitution, deserves no cominendation from or authority (specitied in the act) shall " posterity" (not very grateful not very
for the first offence forfeit 1001. and for decent), yet in his reign, the concurrence " the second offence 2001., to the party " of happy circumstances was such, that, “grieved, and be disabled to hold his of " from thence we may date, not only the “ fice. 5. That no person, once delivered re-establishment of our church and mo" by Habeas Corpus, shall be recommitted “ narchy, but also the complete restoration “ for the saine offence on the penalty of " of English liberty, for the first time “.5001. 6. That every person committed
ed since its total abolition at the conquest." .“ for treason or felony shall, if he requires [And yet the king deserves no commendation " it the first week of the next term, or the from posterity !) “ For therein not only as first day of the next session of Oyer and “ these slavish tenures, the badge of foreign “ Terminer, be indicted in that term or “ dominion, with all their oppressive ap
session, or else admitted to bail; un pendages, were removed from incumber" less the King's witnesses cannot be ing the estates of the subject ; but also “ produced at that time: and if acquitted, an additional security of his person from
or if pot indicted and tried in the second “ prison was obtained, by that great bol"term or session, he shall be discharged “ wark of our Constitution, the Habeas “ from his imprisonment for such imputed Corpus Act. These two statutes, with “ offence : but that no person, after the “ regard to our properiy and persons form “ assizes shall be opened for the county in a second Magna Charta, as beneficial and “ which he is detained, shall be reinoved " effectual as that of Runny Mead. · That " by Habeas Corpus, till after the assizes only pruned the luxoriances of the foedal
are ended ; but shall be left to the justice system; but the statute of Ch. 2. extirpated " of the judges of assize. 7. That any such “ all its slaveries; except perhaps in copyhold * prisoner may move for and obtain his “ tenure; and there also they are now in “ Habeas Corpus, as well out of the Chan great measure enervated by gradual cưs
cery or Exchequer, as out of the King's " tom, and the interposition of our courts “ Bench or Common Pleas; and the Lord. “ of justice, Magna Cbarta only, in general “ Chancellor of Judges. denying the same, “ terms, declared, that no man shall be im
on sight of the warrant or oath that the " prisoned contrary to law: the habeas cosa same is refused, forfeit severally to the pus act points him out effectual means, às,
pariy grieved the sum of 5001. 8. That " well to release himself, though committed "ibis writ of Habeas Corpus shall run * even by the King in council, as to punish