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tation. The act to which he alluded was force. [Copies of the said Orders will be
the one which suspended the 36th of found at p. 126.]
Geo. III. By the law, as it previously Lord Auckland declared himself in no
stood, augmented cures, under queenAnne's ordinary degree anxious to learn from his
bounty, were considered as benetices, and majesty's ministers, their intentions with
therefore subject to the same restrictions, respect to the very

serious and unpreceThe act of the last session went to repeal dented importance of these Orders. He this clause. Much inconvenience and in- wished first to ascertain, whether it was jury to the rights and dignity of the church their intention to make any motion, or had followed. Many persons continued institute any proceeding, tending to exto possess themselves of the emoluments of plain to that house, and to the public, the those benefices, who were legally ousted ; meaning and object of the measures de.. whilst others, properly presented and duly termined by these Orders to be pursued ? inducted, were prevented from the exer- He felt solicitous to obtain this preliminary cise of their professional functions, and information, before he made a motion for deprived of those profits to which they some other documents, in his opinion, newere entitled in right of their appoint- cessarily connected with the full explanament. The right reverend prelate, then tion of these Orders in Council. It was moved, That a bill for the repeal of the impossible for him, or any man, when Curates' Suspension bill be then read a they contemplated the nature of the innofirst time.

vation made by these documents on the The Lord Chancellor observed, that it political and commercial interests of this was not his intention to oppose the prin- country, and of the whole world, not to ciple of the bill proposed by the right wish to hear from their framers the fullest, rev. prelate. He wished to remind him most perspicuous, and most speedy exof the peculiar way in which the house planation of their meaning, import, object, stood, with respect to this act of Suspen- and presumed effect. In seeking that exsion. At the close of the last session it planation, any wish to embarrass his mawas sent up from the house of commons, jesty's government was most foreign from merely as a measure of temporary relief his mind. He had given this subject a to the persons supposed to be aggrieved. great deal of attention, he had bestowed It was then recommended to pass the pre- much time on it, and called to his assistsent act, confining its operation to 40 days ance persons experienced in the knowledge after the commencement of the next ses- of that department to which these Orders sion of parliament. In that situation the referred, yet he professed to God, that he house stood, as to the present bill, and he was still totally unable to ascertain their was only anxious to ascertain, whether the nature or drift, much less to divine the principle of the measure, and of the relief remotest possibility of interest or advansought, would better be discussed upon the tage likely to accrue to this country from second reading of the bill, proposed by their adoption. Notwithstanding the unthe right rev. prelate, or upon any new intelligible manner in which these Orders question to be brought forward on the ex- appeared to him, he was still unable to piration of the 40 days?

suppress great and powerful feelings of The Earl of Lauderdale thought it alarm. He shuddered at the state of pohighly proper that the fullest time should licy upon which this country was proceedbe given to the persons standing in the ing to act. Neither could he hide from unfortunate predicament which the act of his contemplation the danger of that prethe last session went to relieve.

cipice, to the verge of which it was so The Duke of Norfolk expressed his in- lamentably and so rapidly advancing. clination rather to support a farther sus What was the ultimate object of the new pension for 40 days, than that the persons commercial code, seemingly established seeking relief should be surprised by any by. the joint consent of the governments premature hurrying of the present bill. of France and Great Britain ? It was muThe bill was then read a first time.

tual destruction. It resembled the efforts [ORDERS IN COUNCIL ] Lord Hawkes- of a set of persons, whose chief object was bury laid upon the table the various Or- to starve each other, and who, to obtain ders in Council with respect to the new their respective gratification, were all purcommercial regulations, which, during the suing the means of insuring the inevitable recess, his majesty's ministers had judged starvation of themselves. Such conduct it proper to advise his majesty to put in could only be compared to the insanity of

maniacs, who cutting each other with government to afford to parliament the knives across the veins, disregarded the fullest information, consistent with their positive injury that each individually re- public duties, and to submit the whole of ceived, and were only satisfied in consum- | those Orders and regulations to the most mating the destruction of them all. This ample and accurate discussion. In what was a dreadful state of things, and required way, or by the adoption of what proceedon the part of their lordships, the utmost ing, in the present stage of that subject, eircumspection, before they gave their he was not prepared to propose. It had concurrence to the measures which tended , occurred to him, that as those papers were to promote it. For his part, although the presented in another place, and were likely encouragement came from the most dig- to be put in such a train of procedure as nified and exalted source, he could not so must in due time be submitted for the far, in compliance with it, look upon the consideration of their lordships, the most dangers of the country, either unappalled desirable mode was, to await that period, or undismayed. The news of that day, under the probable hope, that the most as connected with our relations with Ame- beneficial effects would arise from susrica, was replete with melancholy reflec- pending the discussion until brought fortions. It was to him the source of very ward in that shape, when if approved, deep regret, stronger than he had, in the their passing into law would immediately course of his political life, on any previous follow the discussion. However, it was event, ever felt. He had still the personal competent for the noble lords on the opgratification to review the line of conduct posite side to institute any other proceeding which he, and those with whom he had more compatible with their view of the acted, had made it their duty to adopt to case, and calculated to produce that inveswards America: conduct, that if persisted tigation from which neither he nor his colin, would have produced between those leagues were in any degree inclined to two countries the strongest bonds of friend- shrink. With respect to the question put ship and alliance, without any surrender to him by his noble friend, he could only of the rights or any compromise of the say, that the objection he felt to the prohonour and character of Great Britain. duction of the papers alluded to, arose He again impressed upon ministers the ne- solely out of considerations of form. The cessity of an explicit and prompt avowal Declaration of the 21st Dec. had been the of the objects and meaning of these do- subject of much observation. It was much cuments. In order to understand them, spoken of in public, and had experienced a it was, in his opinion, absolutely necessary good deal of notoriety, but as it was an that a copy of the Declaration, signed by appendix to a treaty never laid before himself, and a noble friend of his (lord that house, it was, in his view, out of the Holland) as plenipotentiaries of the Bri course of all form to produce it in a sepatish government, on the 21st of Dec. 1806, rate character. Not less so was the French and handed by them to the plenipotentia- Decree: government had got it in a wey ries of the United States, should be pro- which all late administrations had considuced for the consideration of that house. dered official. It was received by them, These Orders in Council arose from, and inserted in a paper which stated itself to were actually founded upon, that Declar- be the official register of the edicts of that ation. Indeed, there was another docu- government, namely, the Moniteur. At ment, the source and origin of all the sub the same time, he could not see in what sequent regulations; but he was at pre- manner such a document could be brought sent at a loss to know in what way or before parliament. At all events, he was form such a paper could be introduced willing, with the consent of the noble before their lordships, he meant the. De- lord, to suspend his ultimate answer for a cree of the French Government, dated the short period, until he considered more 7th of Nov. 1806. Previous to his offering maturely the grounds of the objections any motion for those papers, particularly which then presented themselves to his for the copy of the Declaration of the 21st mind. of Dec: 1306, he wished to hear from the Lord Holland thought, that though noble secretary of state, whether he had there was no official copy of the French any objections to their production, and if Decree, yet that there might be some so, what they were ?

document received officially from the miLord Huwkesbury assured his noble nister of a neutral power containing an friend, that it was the wish of his majesty's explanation given by the French gover


ment, as to the objects of its Decree, and noble lord to bring forward a question upon the intended mode of carrying it into the subject, which would be met by his etfect. He wished to know whether there majesty's ministers. existed such a document?

Lord Holland thought the noble lord Earl Bathurst said, there was no official had treated very lightly the idea of a viocommunication upon this subject. He lation of the law. He repeated his quesdenied that the Orders in Council would tion with respect to the existence of any have the effect inferred by the noble lord document of the nature he before alluded (Auckland), or had any such tendency. to, observing that it was understood some

Lord Grenville said, that what had been explanation of the French decree had been urged by the noble earl was an additional given to general Armstrong, the American reason why further information should be minister at Paris.--No answer being given, laid before the house. He was not wholly Lord Grenville urged the same question, unversed in such subjects, but with all the and asked whether it was to be understood attention he could give them, he could not that ministers refused to give any inforthoroughly understand their meaning or mation upon this point ? object. It could not be supposed that it Lord Hawkesbury said, that no official was the object of those who framed them communication had been received in the totally to destroy the commerce of this shape alluded to by the noble lord. The country, and yet, on reading over the intended motion of lord Auckland, for Orders it would be difficult to discover papers, was then withdrawn. that any other effect could be produced from them than the total destruction of that commerce. Were they to understand that, with a subject of this immense mag

Wednesday, January 27. nitude before them, they were to wait for [MINUTES.] Several Election petitions three or four weeks until they received were presented, and ordered to be taken their lesson from the other house, before into consideration on the following days they obtained any further information, and respectively : Saltash, on the right, and before ministers' explained to that house Saltash double return, on the same days as what their intentions and views were in former petitions of a similar description advising the issuing of such orders? Were from that borough. Bridgewater, March 17. they to understand that ministers, after Westminster, March 22. Christchurch; and advising Orders in Council, which were a Dungarvan, March 29. Newry, March 31. violation of the law of the land ; after [ORDERS IN Council.) Lord H. Petty giving advice to the crown, which no mi rose to put a question to the right hon. nisters had ventured to give since the reign the chancellor of the exchequer. That of James II. ; when that monarch was ad- right hon. gent. had fixed a day for vised that he had a power to dispense with referring the Orders in Council presented the laws of the country; after doing what yesterday to the committee of ways and was a gross and flagrant violation of the means, but he had not stated on what law of nations, and of the municipal law; day he proposed to move for leave to were they to understand that ministers did bring in the bill of Indemnity, which not intend to come to parliament for in- he had stated his intention to bring fordemnity, or to explain the motives and ward for certain acts done by ministers reasons of their conduct ? He thought that under these Orders in Council. It was not an instant should be lost in obtaining desirable that the house should be apfull information, and coming to the discus-prised of the day on which this question sion of the measure.

would be brought forward, because, whenLord Hawkesbury said, that there might ever it should be under discussion, the have been, in some instances, connected house would have to consider it in two with the Orders in Council, a literal viola points of view; first, whether the im. tion of law, but the Orders themselves mediate necessity was such as to intitle in their great object and views, were nei his majesty's ministers to the indeninity ther a violation of the law of nations, nor they claimed, and, in the event of its the municipal law of the land. As to any being so considered, whether that necesquestion of indemnity, if any should be sity was sufficient to cover all the violathought necessary, the reasons for asking tions of law committed by them, in and it would be stated at the time of proposing

under the Orders in Council it. It was, however, competent to any The Chancellor of the Etchequer did


not know what answer to give to the involved no violation of law, and could noble, lord, because he could not collect not consequently require any indemni, what was the object of his inquiry. He fication for the parties who had advised had undoubtedly given notice, that he them. What he had stated was, that should, on Wednesday, move to refer certain measures had been adopted under the Orders in Council to a committee of these Orders in Council which required ways and means; he had certainly de- indemnity, and it was for those measures clared, that it was not his intention to that the bill he proposed to bring in propose any bill of Indemnity for is- was to indemnify the persons who had suing the Orders in Council, because he any share in them. was persuaded there was no illegality in the transaction. But there had been some measures resorted to in consequence of these Orders in Council, which required

Thursday, January 28. indemnity from parliament for those who (Vote of THANKS—EXPEDITION TO Cohad been concerned in advising and PENHAGEN.] Lord Hawkesbury said, he acting upon them. It was not an unusual rose in pursuance of notice, to move a proceeding to issue Orders in Council con Vote of Thanks to the Officers employed cerning matters, and he would beg of the in the expedition to Copenhagen, and noble lord to restrain his judgment till in doing so he thought it would be only he should know more fully the nature necessary to detain their lordships for of those proceedings for which it was

a short time. . This motion, he would preproposed to apply for a bill of Indemnity. mise, had no relation to the policy of One of those was a measure adopted re- that attack, it merely related to the exespecting goods imported on the occasion cution of the service upon which that from Portugal. From the hurry in which expedition was sent; and, were that exBritish subjects had brought themselves pedition as unjust and unnecessary, as and their goods, away from Portugal, it hę, thought it just and necessary, or as was found impossible to provide native impolitic and unwise, as he thought it shipping. They took advantage of neu- politic and wise, still he would contend trals to convey themselves and their pro- that that would be no ground of oppoperty to Great Britain. It was thought sition to a Vote of Thanks to those who bụt just to issue orders to the officers had so ably and skilfully executed the of the customs to permit those goods to services which that expedition required. be landed, and, as by the navigation In this case, he would put out of consilaws they could not be legally imported, deration the policy of the expedition, except in British ships or Portuguese ves

and confine himself to the manner in sels, it became therefore necessary to get which its purpose had been carried into an indemnity for the transaction. This was effect. The object of that expedition was one of the measures which required that undoubtedly of great magnitude and iman act of indemnity should be applied portance; that object was obtained by for, and he trusted the house would be of the skill and ability of the officers emopinion, that it was a case which intitled ployed. The circumstances attending it the persons concerned to protection. Again were shortly these : In April last a large he had to repeat, that the Orders in Coun- force was ordered to be prepared for the cil were not contrary to law, and did general purposes of the war, a part of not consequently require any bill of In- which was subsequently sent to co-operate demnity.

with the troops in Swedish Pomerania, Lord H. Petty apologized to the right When his majesty's government afterhon. gent. for not having more distinctly wards received intelligence of the circumput his question. He however did learn stances attending the Treaty of Tilset, from the explanation given by that right it was deemed adviseable to send a large hon. gent. that it was not his intention force to Copenhagen, for the purpose to move for an act of Indemnity to co- securing the Danish fleet, and preventing ver the illegality of any of the Orders in it from being used against this country. Council.

This force was got ready and sailed with The Chancellor of the Exchequer again the utmost promptitude, with a minister repeated, that he had never stated any on board to negociate with the Danish intention to bring in a bill of Indemnity court, and thereby prevent, if possible, for the Orders in Council, because they the painful necessity of resorting to arms.


A junction was to be formed with the viscount Cathcart, knight of the thistle, troops in Pomerania, the commander of for the judicious and decisive measures, which was to take the command of the which, after exhausting every means of whole. This necessarily took up much negociation, were employed by him for time, notwithstanding which, the fleet was effectuating the surrender of the Danish off Copenhagen on the sth of August. Navy and Arsenal of Copenhagen. The attempts to induce the Danes peacea Lord Holland rose to perform, what he bly to deliver up their fleet, having failed, felt to be a most painful duty, for painful the disembarkation of the troops com- certainly it was to him to refuse his assent menced on the 16th. This necessarily to a motion of the nature of that made by took up some time, and was not com- the noble secretary of state. But as a pleted till the 22nd or 23rd. It was effected member of that house he thought it incumwithout opposition, but when disembark bent on him to support its dignity, and not ed, our troops had to contend with be to allow the highest honour it could confer tween 30 and 40,000 men in arms, besides on distinguished merit, to become a matter the peasantry. Even then, another at- of course, and to sink into a mere complitempt was made to prevent an appeal ment. These were his grounds for his opto arms, but this also having failed, ap- position to the motion, and he did not proaches were made against Copenha- imagine that any man would think so gen. The command of the army in the meanly of him as to suppose that his vote field was given to an hon. friend of his, on such an occasion could be prompted by major-general sir Arthur Wellesley, whó any personal dislike to the officers in upon that occasion displayed all that whose favour the motion had been made, energy, zeal, and ability, which so con- Far was any such feeling from his breast; spicuously marked his conduct upon every what acquaintance he had with these occasion. On the 1st of Sept. the bom- noble officers was, indeed, but slender, bardment commenced, and on the 7th a but it was enough to fill him with esteem capitulation was signed ; thus, in a period for their private character and professional of 14 or 15 days the whole object of the merits. He perfectly agreed with the expedition was completed. It was under noble secretary in the propriety of sepathese circumstances that he called upon rating the 'merits of the present motion the house for a Vote of Thanks. He was from the question of the political principerfectly ready to admit that so exalted ples upon which the expedition had been an honour as the thanks of Parliament, undertaken, and he would endeavour to ought not to be made too common, but observe that distinction. What he should ought to be reserved for great occasions. offer was on the nature of the service itHe contended, however, that if in this self, and on the claim it had to the discase the magnitude and importance of tinction which it was proposed to bestow the object attained was considered, and upon it. The noble secretary of state had the skill and ability displayed in the means dwelt much on the importance of the by which it was attained, it must be service, and on the skill, judgment, and deemed one of those instances which high- promptitude, with which it was performed. ly deserved the thanks of that house, nor As to the importance of the expedition, did he see on what ground it could be another opportunity would occur to deopposed. He did not think it would be liver his opinion of it; but, in the circumcontended, that it was only the greater stances that attended the execution of it, quantity of blood shed in an action, that he could see nothing that was entitled to entitled the commander to thanks, as, on the honour of the thanks of that house. the contrary, thanks were rather due to Granting that service was important; a commander who, by skilful and judi- granting that it had been performed with cious dispositions, prevented the effusion the utmost ability, yet these circumstances of blood. He, therefore, relied confident- alone were not of a nature to challenge ly on the disposition of the house to agree and justify so high a distinction. Where to a Vote of Thanks in this instance. was the danger, where the difficulties that He could not conclude without adverting were to be encountered and overcome in to the promptitude and rapidity with the performance of that service ? Had it which the Danish ships were fitted and in it any of those brilliant traits that exbrought away, and the stores put on board. cite admiration and command respect His lordship concluded by moving the Had it in it any thing that redounded to Thanks of the house to lieụt. gen. lord the glory of the country, or to render its

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