considered themselves pledged to guard against such unjust encroachments in future. The evidence on such an inquiry must not be of the ex-parte and suspicious nature which their lordships were induced to accept of last year. Nothing would satisfy the country but a full and impartial investigation. He trusted it was unnecessary for him to urge the importance of this right on their lordships minds, but he could not help dwelling upon it. It was the most ancient of all the rights of the people of this country. It rested neither on Magna Charta, the act of Habeas Corpus, nor the Bill of Rights, though it was reasserted in them. The act of 1672, in the reign of Charles II, by which it was legislatively enacted, did not constitute the right. The ancestor of the noble lord, the earl of Shaftesbury, then stood up honourably and manfully for this best right of the people, and contributed greatly to the measure by which it was confirmed. And at what time was that important act passed? At the moment when the Houses of Lords and Commons were in the state of the greatest alarm from the apprehension of plots and conspiracies. Even in those convulsed times no plot had been thought sufficient to warrant the legislature in depriving the subject of personal liberty.

Returning to the act of last session, his lordship again asserted that no ground for it had been laid at the time when it was passed, and that nothing had since occurred to show that there was any thing in the state of the country which called for it. But the noble earl opposite had declared, that he

was ready to prove, not only that the measure was justified by the state of the country at that time, but that it had been productive of the greatest advantages. That the country was in better circumstances now than last year he was happy to believe; but whatever improvement had taken place, certainly was not owing to the suspension of the Habeas Corpus act; for were the truth of this assertion of ministers to be admitted by their lordships, there would be no longer any security for personal liberty. If they could persuade parliament to suspend the Habeas Corpus act on ex-parte evidence, they would have nothing more to do than to come forward the next year, and say, "You see what advantages have been derived from following our recommendation."

After touching upon the case of Hone, and affirming that these prosecutions bore about them such marks of hypocrisy as he had never before witnessed, he returned to the suspension of the Habeas Corpus. It was, he said, an act of the most pernicious tendency to suspend the personal liberty of the subject in a time of profound peace, and formed a precedent of the most lamentable effect. Such acts left rents in the constitution which could not afterwards be closed. He trusted, however, that a strict inquiry would be made as to the manner in which this act had been executed.

Lord Sidmouth, in paying particular attention to the speech of the noble lord, began with his lordship's statement that there was no necessity for the act of the last session. He affirmed on

his own part, that the report made by the committee appointed by their lordships, and on the authority of which the act was passed, afforded its complete refutation. He further said, that the noble lord had also asserted, that the evidence produced by ministers was garbled, and that information which ought to have been communicated to the committee was withheld. He could, on the contrary, assure their lordships, that every kind of information which could with propriety be laid before the committee, had been produced to them, and that nothing had been withheld which was necessary to enable them to arrive at a fair and proper conclusion on the question. In the Prince Regent's speech, only the other causes which had contributed to the returning prosperity of the country were mentioned; but it did not follow that great benefit had not been derived from the suspension of the Habeas Corpus act.

His lordship then alluded to the effects of the same measure with respect to the trials at Derby; in which case, he said, that these men, besides making a confession of their guilt, gave certain information that an insurrection of a much more formidable nature than that in which they had been engaged, was in contemplation, and would infallibly have taken place had not the Habeas Corpus bill been suspended. Thus it was proved by incontrovertible evidence, that the measure for which the noble lord had contended that there was no necessity, had preserved the peace and tranquillity of the country.

After various other conside

rations upon different subjects, his lordship recurred to his own responsibility for the due execution of that act which of course rested chiefly with himself. He had only in view, he said, to prevent the threatening danger, and had not been the means of depriving individuals of their liberty any farther than the necessity of the case required. The act at present under consideration did not expire till the first of March; and there was no record on the Journals of the House that an act of that description had ever been repealed, or not suffered to run out to its utmost limit. But his majesty's ministers admitted that nothing could justify the continuance of such an act but the necessity which originated it; and when that necessity ceased, it was due to the legislature and to the people of the country to repeal it forthwith.

He should not detain their lordships any longer. It was the intention of the Prince Regent to lay before their lordships papers touching the internal state of the country. It would be for their lordships to decide how they should be disposed of. Many opportunities would arise in the course of the session of discussing the measures lately resorted to by the government, and on the propriety of those measures he was ready to state his unshaken conviction.

The bill was then read a second time, the commitment negatived, and the bill ordered to be engrossed. The engrossed, bill was brought into the House almost immediately. It was then read a third time, passed, and ordered to be sent to the Commons. CHAPTER

Lords transmitted to the House of Commons a bill repealing an act made in the last session of parliament, empowering his majesty to detain and secure such persons as are suspected of conspiring against his person and government.

On the motion of the Chancellor of the Exchequer, the bill was then read through for the first time. The sequel began to exhibit a considerable difference of opinion, especially with regard to the gentlemen of the law, several of whom doubted how they were to understand that the parties taking the recognizances. had a legal right to do so. A clause was introduced by lord Folkestone, proposing that all persons bound by recognizances under the Suspension act be henceforth completely discharged from them, but that this clause should not apply to any other recognizances. Objections being made to this proposal, his lordship withdrew the clause, and the bill was on the same day read a third time, and passed.

On February 2nd, Lord Sidmouth said, that in compliance

Regent he had to lay before their lordships certain papers relative to the state of the country. It was his intention to have moved that those papers should be referred to a secret committee; but as two noble lords, the mar quis of Lansdowne and lord Holland, who wished to be present, were prevented by a melancholy occurrence (the death of the earl of Upper Ossory), he would move on the following day for the appointment of a committee.

Accordingly, on February 3rd, the noble lord moved that the papers which he had yesterday laid on the table, should be referred to a secret committee to be chosen by ballot.

After some discussion on the subject, the motion was agreed to.

On the same day, Feb. 3rd, Lord Castlereagh moved the ap pointment of the Finance Committee in the House of Commons. The last committee, he said, had drawn up six extensive and laborious reports respecting the official establishments, the reductions and modifications of which might be advantageous to the

public

public service. It had also made inquiries on the great subject of the general revenue and expenditure of the country, and how far they were likely to square and meet. Other objects still remained for the consideration of the committee, and he should therefore move that it be revived. He should not think it necessary to give a detail of the measures which the king's ministers had adopted in consequence of that report, but it would be their duty, immediately on the reappointment of that committee, to give a full account of what they had done, on its recommendation. When he had first proposed the formation of this committee, he had observed, that a committee to inquire into so large a subject as the income and expenditure of the country after so long a war, would probably go on to a second or perhaps a third year before it would conclude its inquiries. His honourable friend, the member for Bramber (Mr. Wilberforce), had taken up this admission, and concluded, that because the inquiries were to be so long conti. nued, nothing was to be done in the mean time. It would be seen that this inference was erroneous, and that the country had received substantial relief in point of sound economy.

He should now move to re-appoint the committee of last year, and should propose the same names, as well on account of their respectability, as on account of the great addition to their experience. His motion was to the following purpose: "That a select committee be appointed to inquire into and state the income +

and expenditure of the united kingdom for the year ended the 5th of January 1818; and also to consider and state the probable income and expenditure, so far as the same can now be estimated, for the years ending the 5th of January 1819, and the 5th of January 1820 respectively, and to report the same, together with their observations thereupon, to the House; and also to consider what farther measures may be adopted for the relief of the country from any part of the said expenditure, without detriment to the public interests."

The motion was agreed to, and 22 members were appointed from the number.

Lord Castlereagh on the same day presented, by command of the Prince Regent, a green bag, containing information respecting the internal state of the country, to be kept in the custody of the clerk of the House.

On the 5th of February, Lord Castlereagh rose to move, that the secret papers respecting the internal state of the country which he had brought down from the Prince Regent, be referred to a committee. Whatever views gen. tlemen might have as to the late transactions, they would come to the discussion much better able to enter into it, when the substance of the information contained in the papers was presented to them by a committee. It had been supposed that the committee had been appointed, not to convey to the House an account of the state of the country, but to lay the foundation of some particular measure. This was not the case. He would frankly state

that

that he thought a bill of indemnity necessary; but not as growing out of the report of the secret committee. He was ready to put the necessity of an indemnity act to the House as being naturally and necessarily connected with the former law. Much of the information on which the government had acted was necessarily such as could not be disclosed consistently with the safety of individuals, and with good faith towards them. He should distinctly avow, that a bill of indemnity was necessary after such powers had been entrusted to a government; and this claim might be strengthened by, though not founded on, the report of a com. mittee. The committee would also show what the state of the country was; for though the prosperity of our commerce, and the vigilancy of the magistracy, had put an end to the great mass of danger, it would be a false view to suppose that the danger was at an end.

The noble lord then moved, "That the secret papers presented to the House by command of the Prince Regent on the 3rd instant, be referred to a committee."

Mr. Tierney, after passing some jocular strictures on lord Castlereagh and his bag, said, that the truth of the matter is this the ministers know, that by their proceedings in the last year, they have, during the last months, been making out a prima facie case against themselves in the mind of every man in the country; and now they want to have a case made out for them, and that, under the sanction of a

committee of secrecy. The noble lord, with the candour of which he gives such frequent examples, says, he should have no objection to a bill of indemnity. No one will doubt, without this candour, that he wishes for a bill of indemnity if he can get it; and to this end he proposes a committee, chosen by ballot, to sit on the papers in this bag. Why, this was one of the coarsest juggles which had ever been played off upon mankind. How had the secretary of state acted? He had not taken up a few persons, who, by their influence, or by the ramifications of extensive connections might be dangerous, but he had gone, as it were, with a drag net through particular counties, taking up whole classes of men. He believed the secretary had acted hastily, and in a manner which he would not have done, if it had not been a cabinet system to take measures of vigour. Alarm had been the daily bread of the administration, and nothing was to be done but to keep alive the idea that danger was imminent, and that insurrections hung over our heads, but for measures which had been extorted from the parliament. They had now better information than they had last session. They had not to proceed upon hints in the dark, or on the impression which might be produced on any respectable gentleman in the committee, but on the result of long judicial proceedings.

After some observations on particular trials, in one of the most noted of which, he said, there was not a tittle of evidence that any danger existed which

could