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before the House, hours should have been parliament. It was no new doctrine with passed in endeavouring to fix upon mi- him, inasmuch as he had opposed the prinnisters the charge of negligence. In sigo ciple seven or eight years ago in the case gesting the course expressed in his motion, of courts of inquiry, where decisions were he also had it in view to prevent that dis- made and judgments pronouncer, by graceful Letter from appearing on the those who were not sworn themselves, nor Journals of the House. He thought the had the power of adıninistering oaths to motives of ministers were well directed in witnesses. Where the law was setiled so speedily preparing so large a force, to for entertaining certain defined offences, ensure the peace of the metropolis, and such as libels, he was persuaded, the only enforcing the orders of the House. He just, and, of course, constitutional course, did not know that he should have acted was to refer them to the disposal of the differently from them, considering the competent jurisdictions, and 'not risk the heavy responsibility attached to their con- violation of a positive charter, by a sumduct. This was not a moment to pass mary punishment inflicted without a due a censure on their conduct. In a short trial. He did not think that it was legal time he trusted the electors of Westminster in that House to employ a military force would see the conduct of the hon, baronet for the execution of its warrant-a meain its true light. If it was the wish of sure which, he understood, was adopted in the House, he had no objection to with the case of the hou. bart., many soldiers draw his amendment.

having en ered the house of sir Francis The Speuker observed, that could not be Burdett, with the serjeant at arms. But done without the consent of the seconder. above all, he was convinced that the · Mr. D. Giddy consented.

House would more efficaciously uphold Mr. Whitbread would not agree to the its dignity, by proving to the people that amendment not being put.

their actions were strictly correct and pa. Mr. Gooch was sorry that the amend-triotic, than by any attempt to restrain the -ment was not adopted. He must at the popular discussion upon such actions, same time take an opportunity of declaring, under the shallow pretext of a disputed that no resolutions of that House would be and undefined privilege. -strong enough to express his abhorrence Mr. Bathurst said that it appeared from of the hon. baronet's conduct. What the evidence of the serjeant at arms, that opinion would any man of honour enter- it was the civil power that first entered sir tain of that baronei's conduct after having F. Burdett’s house. It was possible, howforfeited his word to the serjeant at arms. ever, that their officer was mistaken. The He never had batone opinion of him. He noble lord might have been in the house, was persuaded that it had always been his and known better. He wished that it wish to produce such a crisis as this. should be maile part of the motion, that

Lord Cochrane felt conscious that he the object the House having been gaincould not be charged with any desire to ed by the imprisonment of the honourable throw the country into a state of intestine baronet, it did not think proper to procommotion, however he might feel it his ceed further. duty to disapprove of some part of the Sir C. Burrell was astonished to hear conduct of that House. The question im any imputations thrown upon the military, mediately before the House could not be whose conduct had been most exemplary. fully considered without reverting to others Their forbearance on the disgraceful inof a nature to call forth the inost serious sulis offered to them by a rascally mob deliberation. For his own part, he was deserved the highest to state, that in bis judgment, the There was not onc decent man to be House of Commons was not warranted in found among those who engaged in these committing Mr. John Gale Jones for an scandalous scenes. There was, however, offence cognizable by the laws of the coun- it would seem, no want of assassins among try, and that its officer in the execution that vile crew. Last night an officer was of a warrant issued by its order was not fired at in the purlieus of the House by a justified in breaking into the house of any scoundrel; the ball passed through his of his Majesty's subjects.

The crown en- hat, and had well nigh annihilated him. joyed its prerogative, as well as that House He condemned the conduct of sir F. Butits privileges ; yet the crown never was dett from first to last. Had he been in the judge of any violation of that prero- the situation of that person, he would have gative, such an attack was canvassed by gone quietly to the Tower, sooner than

VOL. Xyi.


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endanger the shedding of one drop of was a case in which the House was ag. blood.

grieved; and where redress could not Mr. Wilberforce was still impressed with be sought elsewhere. The House must, the propriety of the course he pursued on therefore, of necessity, take cognizance the former occasion, in voting for the of it itself. It had been objected to him reprimand. He believed it would have and others, in the course of the night's made a far different impression upon the debate, that they liad grown confident rehon. baronet than was made by the com- specting the mode of executing the war. mittal to the Tower. He had seen an rant, from their knowledge of the event: elevated character approach to that bar to this he would answer for one, that he in order to be reprimanded, with great had expressed his opinion upon the force apparent levity ; but he soon saw him so of the Speaker's warrant, if issued upon humbled by the commanding and impres. proper grounds, in a conversation he had sive censure of the chair, that he departed held with the serjeant at arms, whom he lowered, depressed, and penitent. He did accidentally met, before that oflicer had think that the amendment of the Chan- ever been at the house of sir F. Burdett. cellor of the Exchequer could be so modi Upon the question having been then profied, as to remove the objections which posed to him, how he would act in such a were entertained to the term “ aggrava- | case ? he had siid he would immediately tion."

wait upon sır F. Burdett, and ask him Mr. Boyle defended ministers from the how he intended to conduct himself: If aspersion of their opponents. It was most be intended to go voluntarily, that the mischievous, in his opinion, to attribute | utmost courtesy as to the inode should be all the calamities, as they were called, of used. If he wished for a nominal force, the late riotous proceedings to their mis- for the purpose of establishing his princiconduct, rather than to the jacobinical ple and maintaining his action, it might spirit which had so recently manifested be instantly applied without difficulty or itself.

molestation ; if he would not yield exoThe question was loudly called for, and cept to actual force, that the serjeant strangers were excluded.

should forthwith collect such a force as After strangers had been excluded from would overpower him, and render resistthe gallery, the question of adjournment ance hopeless. The honour of sir F. was not pressed to a division. Before we Burdett had misled the serjeant into a supe, were re-admitted, the Chancellor of the position, that he would accompany him to Exchequer had proposed his resolution of the Tower the next morning; nor was the censure upon the Letter of sir F. Burdett serjeant to blame for having so conceived to the Speaker of the House of Commons, of the intentions of sir F. Burdeit, but it which stated the said letter to be an ag- was too much to say that sir F. Burdett gravation of the former offence committed had broke his word with the serjeant. by the hon. baronet. The right hon. Upon the whole, Mr. Whitbread said that gent. then added that if he could thereby be was willing to adopt any parliamentary insure unanimity, he would withdraw the phrase, however strong, to characterize words of reference to former proceedings. I the Letter addressed to the Speaker, pro

Mr. Whitbread, on this, declared that vided no term of reference to any former he could not agree to the resolution with proceeding was inserted; for the Letter those words, because, having contended, itself he thought exceedingly ill cointhat no offence had been committed by posed, and highly offensive. the Letter and Argument laid upon the The Solicitor General for Scotland was table by the member for Somersetshire, desirous of retaining the original words. he could not say that that offence had Mr. Whitbread could not consent to the been aggravated, which, in his opinion, word aggravation, and proposed “fiahad never existed. He was ready to ad- grant,” as a parliamentary word, and at the mit, that the Letter to the Speaker was a same time a word sufficiently strong; high breach of the privileges of the and that the expression should be," flaHouse. Whatever doubt might be enter- grant breach of the privileges of the tained of the legality of the commitment House." of Mr. Gale Jones, or of the warrant Mr. Tierney wished for an unanimous against sir F. Burdett, or of the expedi- decision, which he thought might be obency of resorting to either of those mea- tained if the Chancellor of the Exchequer sures, there could be no doubt that this would make interest with the solicitor.



general tor Scotland to give up the word | shown in making up the list. He thereaggravation.”

fore, thought an inquiry was necessary. Mr. Wilberforce thought the mode pro- The Chancellor of the Exchequer was conposed by the hon. gent. (Mr. Whitbread) vinced it would be found, that there was would be a more marked expression of no foundation for the statement which had the sense of the House than the retaining been handed to the hon. gent. He agreed the words of reference proposed by the however, in the necessity of inquiry, and Chancellor of the Exchequer.

moved for the appointment of a select Mr. Orven was of the same opinion. Committee for that purpose, which was Mr. Adam expressed a similar opinion. agreed to.

Mr. Giles thought the House 'should pass a substantive condemnation of the Letter without the words of reference. The Solicitor General for Scotland, dis

Thursday, April 12. claiined any wish pertinaciously to insist [FOREIGN Corps.] The Earl of Liderupon his opinion.

pool presented a return of the effective The Chancellor of the Exchequer was ex- strength of the foreign corps in the service tremely desirous of unanimiiy upon this of Great Britain, and explained to their occasion, and wished, therefore to adopt lordships the difference between the nunthe suggestion of the hon. gent. (Mr. Whit- / ber as appearing in the account he then bread). In order however that it might presented to the House ; namely, 31,000, not appear on the Journals that the ori- and the number as stated in the army esginal words relative to aggravation had been timates, namely 23,000.

In the former left out, he requested he might be allowed the West India regiments had been into propose the words suggested by the hon. cluded, which were excluded from the gent. as a part of the original motion. army estimates under this head, and which Mr. Whitbread consented.

did not properly come under the denoThe Speaker requested to be informed of mination of foreign corps ; these amounted the wish of the House, as to whether the to about 7,000 men. In the return also Letter of sir Francis Burdett should be en- was included the 60ih regiment, which tered upon the Journals, observing, that was excluded from this head in the army there were precedents both ways, and that estimates. This regiment consisted of it was entirely optional with the House. five battalions, amounting to about 5,000

It appearing to be the general sentiment men; a large portion of whom were fo-that the Letter should not be inserted on reigners. In the army estimates, likewise the Journals, the Speaker said he would under this head the 97th regiment was ingive directions accordingly.-It being also cluded, which was excluded, from this reunderstood that the Amendments moved turn, and he thought properly excluded, should not appear on the Journals, the as the regiment chiefly consisted of Irish. . Speaker said he would give directions ac- | Thus it would be found, that excluding 'cordingly, and the question was put as an ihe West India regiments and the 60th re. original motion, “ That it is the opinion giment, the foreign corps would amount of this House, that the said Letter is a high to about 18,000. and flagrant breach of the privileges of The Earl of Rosslyn observed, that the the House.; but it appearing from the re- 60th regiment could not be properly classport of the serjeant at arms attending this ed amongst foreign corps, as the greater House, that the warrant of the Speaker part of the officers were British, who were for the commitment of sir Francis Burdett promoted in common with the officers of to the Tower has been executed, this other regiments. House will not, at this time, proceed fur- The order of the day having been read, ther on the said Letter.” Agreed nem. con. Lord King said, if any apology was ne

(ExchEQUER Bills.] Mr. Whitbread cessary for his introducing this subject, it said, that a statement had been banded to would be found in the act of the 44th of him, from which it appeared, that on the the King, relative to the introduction of day appointed for the holders of Exche- foreign troops into the country. quer Bills to attend at the Exchequer Bill only within the last ten years that foreign office, for the purpose of delivering them troops had been stationed in the country, to be funded, persons were admitted by a without even the pretext of any immediate private door before the public door was fear of invasion; and particularly that opened, and that great partiality was foreign generals had been employed on

It was


the staff in this country. Such had been provided that catholic was an alien. the constitutional jealousy upon this sub- observed that this act passed on the 16th ject previously entertained, that it was of July, a period of the session when little only upon particular emergencies, and or no attention could be paid to it, and under special circumstances, that foreign when it was probably not considered with troops were allowed to enter the country. any deliberation adequate to its importance. By ihe act of the 29th Geo. 2 a corps of Their lordships were aware, that by the this description had been formed for ser- act of seulement, the appointment of a fovice in America, but it was specially reigner to any place of trust or profit under enacted, that the colonel should be a the crown was rendered illegal. Previousto natural born subject of his Majesty. Sub- that act in the early part of the reign of Wil. sequently there was an act made to allow liam 3, there had been some distinguished of certain Hessian and Hanoverian troops foreigners employed as generals in the Bri. remaining in the country, then under the tish service, particularly marshal Schomfear of invasion. In the American war berg, who held a high coinmand in Ireland. also, there had been a communication. The act of settlement, however rendered made to parliament on the suliject of Fles- that practice illegal, and it so continued, sian and Hanoverian troops coming into unless it was to be considered as legalized the country, and an act was specially pass by the general words of the act of the 44th ed. In all these acts, however, the greatest of the King, to which he had referred. He caution was used, and the most watchful could not but consider the appointment of constitutional jealousy appeared. But foreign generals on the staff as highly within the last ien years a system of em. objectionable, and more peculiarly so, ploying foreign troops and foreign ge. that they should have the command of disnerals had grown up, which he could tricts, and thereby have the command of not but consider as highly unconstitu- British generals and our native troops. tional and improper. By the act of the There appeared also to be a very im44th of the King, the employment of re- proper partiality shewn towards these fogiments of foreign troops in the country reign troops and generals. It appeared on to a limited extent was legalized, and also the face of the returns, that the expense the appointment of foreign officers therein; of the foreign cavalry was stated at 47l. the reason assigned for which was, that the per man, whilst that of our own cavalry troops might have officers acquainted with amounted to only 441. per man. In the their manners and language. This was a account likewise of the charges for reperfectly good and intelligible reason, but cruiting, there appeared a great disproit was evident, from the continued use portion, the charge being 145,07001. for our of the word in the provisions of that act, own troops, amounting to 174,000 men; that the act was only intended to apply to whilst in the estimate for recruiting the and authorize the appointment of foreign foreign troops the charge was 50,000l. for regimental officers and not to the employ- ovly 23,000 men. With respect to the ment of foreign generals. And he could foreign officers also, it appeared that the not but consider, that the employment of whole of those, who were on the staff, foreign generals in Great Britain could were either colonels or lieutenant-colonels only be sanctioned by a strained and on full pay ; whilst half our own officers forced construction of the act, which the on the siaff were colonels or lieutenant-coobject of it, as designated in the preamble, lonels on half pay; and it was known that, could by no means warrant. It was true, by a regulation, those officers on half pay there were general words towards the con- who were appointed on the staff lost their clusion of the act, the meaning of which half pay, whilst those who were in full was doubtful; but if they were to be con- pay retained it. He had thought it right strued to authorize the appointment of fo- | to call their lordships' attention to this reign generals, as at present upon the stait; subject, conceiving, as he did, tbat the they must be taken to go much further, employment of such a number of foreign and to sanction the appointment of a; to troops was in these times extremely imreigner to any military command even politic if not highly dangerous. Many that of commander in chief, Nay, (and of them were natives of countries now he threw this out for the serious considera under the dominion of the enemy, and tion of the noble lords opposite) his Ma- might have to fight against their country. jesty might under this construction of the men in the service of the enemy. This açt appoint a catholic commander in chief, was a situation in which men ought not to be placed. It was holding out a great the British and foreign cavalry, it merely temptation to them, whilst on the other arose from a different moile of making up hand they could have no interest in the the accounts in this part of the kingdom welfare of the country which they served, and in Ireland. As to the statement reand but little even in its political inde- lative to the foreign generals being alpendence. He was however, chiefly de- lowed their full pay, there could be no sirous of taking up the question upon a fair comparison upon this point, because constitutional ground; and in this point the regulation that officers enjoying half of view he could not but consider it as pay, which was considered in the nature highly unconstitutional, that foreign ge- of a pension, should give it up on being nerals should be employed, in the coun- 1 appointed to the staff; and that officers on try, and still more that they should be ap- tull pay, which was considered as pay pointed to the command of districts where for actual service, should retain it on-bé. they had the command of our own na ing placed on the staff, applied equally' to tional troops. His lordship concluded by the British and foreign generals. As to movmg a resolution declaratory of the the policy of employing foreign troops in impropriety of thus employing foreign our service, he had not conceived, until generals.

he heard the noble lord give notice of his The Earl of Liverpool did not think that motion, that there existed a doubt upon the noble lord had laid any sufficient the subjects and with the enemy with ground for his motion. With respect to whom we had to contend, and under the the facts relative to the introduction of present circumstances of Europe, he was foreign troops, the noble lord was correct convinced that the employment of foreign in stating that an act was passed in the troops, to a limited extent, was highly pofirst year of the present war, in conse- litic and expedient. He should theretoro quence of the Hanoverian troops coming oppose the motion : and upon this ground over to this country (Hanover having his lordship moved, That the other orders been at that time seized by the enemy? Of The Earl of Rosslyn observed, with reduction here; and the reason of the late spect to the act of 1806, that the introperiod of passing the act was, that the oc. duction of it by his noble friends, then in casion of the troops coming here had but administration, was rendered necessary in then just taken place. (It was, however, consequence of the number of Hanoverian observed from the other side, that the act troops who returned from the expedition of the 44th of the king was passed the to the Elbe, having become greatly inyear after the commencement of the war, creased beyond the number who went and the earl of Liverpool acknowledged there, through the unfortunate result of that he was mistaken.)-The principle that expedition. On the arrival of that of this act was recognized in another act expedition in Hanover a proclamation passed in 1806, when the noble lords op- in the name of his majesty, as elector posite were in administration, whom the of Hanover, was issued, calling upon the noble lord (King) usually supported. The Hanoverians to join the British standard former act allowed the introduction of fo- a great number did so, and the German reign troops into the country, to an amount Legion, which went out about 5,000 strong, not exceerting 10,000 men, and the latter was increased to 10 or 12,000 men. In: not exceeding 10,000 men. Thus far, consequence of the result of that expeditherefore, the constitutional jealousy of tion, it became of course absolutely ne. introducing foreign troops was waved by cessary to pass an act, in order that these the late ad: ninistration, and the measure additional troops might be legally emwas sanctioned by the legislature: as to ployed in the British service. His lordthe appoinment of foreign gonerals on ship then entered into some details, shewthe stait, it was of essential use with re- ing that it had been erroneously supposed ference to the service of the foreign troops, that the expense of the foreign troops, and he did not conceive there was or particularly the German Legion to which that there could be any legal objection to he more particularly adverted, was more their appointment. They had not, how- per man ihan that of the British troops.ever, the command of districts, as sup- With respect to the employment of the pused and asserted by the noble lord. foreign generals, he did not consider himWith respect to the difference which ap self competent to give an opinion upon peared between the expense per man of the construction of the act of the 44th ofor

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