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particularly to have felt the inadequacy of the law to afford protection, where a return is made, good in law, but false as to the facts contained in it. In his correspondence with Lord Chief Baron Parker, (which is included in his life,) he dwells much on that defect, and alluding to the remedy by action for a false return, he observes, "an inadequate ineffectual remedy is no remedy." The Lord Chief Baron in answer, says, “as you agree to the general principle, that the return to a writ of Habeas Corpus cannot be contradicted in that proceeding, so I must confess, that your reasons are very strong, to show the present to be an inadequate remedy ; but I am afraid, that the parliament only can apply a more effectual remedy.” Sir, although Lord Hardwicke. opposed the bill I have mentioned, yet so strongly was he impressed with conviction, that the law ought not to remain as it was, that he moved that the judges do prepare a bill, to extend the power of granting writs of Habeas Corpus, ad subjiciendum, in vacation time, in cases not within the statute 31st Car. II. chap. 2, to all the judges of his majesty's courts of Westminster, and to provide for the issuing of process in vacation time, to com. pel obedience to such writs; and that in preparing such bill, the judges do take into consideration, whether in any, and what cases, it may be proper to make provision, that the truth of the facts contained in the return to a writ of Habeas Corpus, may be controverted by affidavits or traverse, and so far as it shall appear to be proper, that clauses be inserted for that purpose; and the House of Lords made such order. In obedience to that order, the judges did prepare a bill : why such bill was not proceeded on, I have not been able to learn; but I do know that those who have the best opportunities of observing the present defective state of the law, much lament that it was not passed into a law; that bill is the foundation of my present proceeding ;
indeed there is no essential difference between that bill, and the one I now move for leave to bring in. The provisions of the present bill are, that where any person is restrained of his or her liberty, otherwise than for some criminal or supposed criminal matter, and except persons imprisoned for debt, or by process in civil suit, within England, Wales, Berwick upon Tweed, the Isles of Jersey, Guernsey, or Man, it shall be lawful for the Lord Chancellor, or any of the Justices of the Court of Common Pleas, or of the Barons of the Exchequer, as well as for any of the Justices of the Court of King's Bench, to award in vacation time, à writ of Habeas Corpus returnable immediately ;-that nonobedience to such writ shall be deemed a contempt of the court, under the seal of which the writ shall have issued, and be punishable as such in vacation time ;-that the said justices or barons may make writs of Habeas Corpus issued in vacation, returnable in court in term time, and that the courts may make such writs issued in term, returnable before a judge or baron of the same court in vacation ;-that although the return to a writ of Habeas Corpus shall be sufficient in law, the Lord Chancellor, justice, or baron, before whom such writ may be returnable, shall and may proceed to examine into the truth of the facts set forth in such return, and into the cause of such confinement or restraint, by affidavit or by affirmation, (in cases where an affirmation is allowed by law,) and shall do therein, as to justice shall appertain ; and if such writ shall be returned before any one of the said justices or barons, and it shall appear doubtful to him on such examination, whether the material facts set forth in such return, or any of them, be true or not, that such justice or baron may discharge the person so imprisoned, on a recognizance to appear in court, in the following term, and that the court shall proceed to examine concerning the discharging, bailing, or remanding the prisoner, either in a summary way by affidavit or affirmation, or by directing an issue or issues, for the trial of the facts set forth in such return, or any of them ;-that the like proceeding shall be had in court when the writ was awarded by the court, and returnable therein; and the same power as to awarding issues, is given to the Lord Chancellor.
There is also a clause in the bill, that the provisions of it, touching the making writs of Habeas Corpus issued in va. cation returnable into court, and for making such writs when awarded in term time returnable in the vacation; and also for awarding process of contempt in vacation against persons disobeying such writs, shall be extended to writs of Habeas Corpus, awarded in pursuance of the statute of .: Car. II. “ for the better securing the liberty of the subject." The want of the last mentioned power has been severely felt.
Sir, I have not included either Scotland or Ireland in the bill. The laws of Scotland are fundamentally different from those of England, and an act already exists there for the protection of personal liberty ;' if that act is deficient, I see several of my honorable and learned friends, natives of that country, who are competent to amend it. The laws of Ireland are essentially the same, as those of England. But I do not conceive myself possessed of sufficient knowledge of the practice of the Irish courts of justice, to attempt to legislate for that country.
Sir, I move for leave to bring in a bill for more effectually securing the liberty of the subject.
• Act against wrong imprisonment, passed in the reign of King William.
THE question now under discussion at Vienna, respecting the annexation of Saxony to Prussia, has been too long completely misunderstood in England.
From an exuberance of generous feeling peculiar to the English character, claims have been hastily set up for the captive King of Saxony, which cannot be supported even upon the grounds of humanity to the unfortunate, and certainly not upon the still more sacred principles of justice and gratitude to Princes who have been foremost in that career of glory which sealed the deliverance of Europe. It is not enough that their names should be enrolled with honor in the annals of a grateful posterity, while those of the oppressor and his satellites whom they went forth to conquer, are remembered as a stain upon the era in which they lived, and a perpetual mark of ignominy on their descendants.
The generous Englishman has been taught to regard the King of Saxony as a prostrate enemy beaten to the ground, partly by his prowess; and with the sturdy gallantry of his nation, he now contends for the honor of raising him froin the earth.
It is time that his eyes should be opened. The most enlightened part of the community on the continent of Europe have been long in possession, through the medium of the press of Germany, of ample materials upon which to found their opinion. Prussia, herself, with a noble disdain of the weapons of despotism, permits the free circulation, in all countries of calm discussion on the question of her rights; and, in justice to the magnanimous character of her sovereign and his government, it is right that the people of England should no longer be blind to the common interests of Europe, and to the best interests of England itself, by withholding from their view the