Imágenes de páginas
PDF
EPUB

The Chancellor of the Exchequer repli- | ed, that first of all he had intended that the 5th of January 1826, should be the period; but, on communicating with the trade, they had suggested the 5th of July, to which he had acceded, and they had expressed themselves satisfied. Now they asked for three months more; and he had no doubt, if that were granted, that they would then wish for another three months to get rid of their winter stock, as they now wanted to get rid of their summer stock. The hon. member had stated no sufficient reason why his request should be acceded to; and he therefore should adhere to the period now fixed.

HOUSE OF COMMONS.

Tuesday, March 23.

GAME LAWS AMENDMENT BILL.] Mr. James rose to present a petition from Mr. William Cobbett, against this bill. The hon. member observed, that this new Game bill made a species of property of a vast variety of wild fowl, which were never before considered to be property. The hon. member for Yorkshire seemed to have omitted scarcely a single bird except the wild goose; which it was to be presumed he had left out from reverence to the immortal Shakspeare, who had said, that "the wild goose soars aloft, unclaimed of any man." The petitioner prayed, not only that the pending bill might be repealed, but that the House might be radically reformed.

The petition was then read, setting forth, "That there is in the county of Sussex, a chain of land called forests, extending, with scarcely any interruption, from the neighbourhood of Rye, on the borders of Kent, to that of Petersfield in Hampshire; that these forests, which thus run the whole length of the county, are upon an average equal in width to a third part of the county; that the farms on the borders or in the interior parts of these forests, consist on an average of about one sixth part of arable and meadow land, two sixth parts of underwood, and three sixth parts of heath and scrubby coppice, generally called forest land; that these farms are in general rented by men of moderate pecuniary means, who mix with their farming, charcoal-making, hoop-making, and the like; that a large portion of the produce of these farms consists of rabbits, which abound exceedingly throughout the whole of these forests; that it is the practice of VOL. X.

these farmers to have a number of rabbit traps constantly set on their farms; that the rabbits yield a considerable part, perhaps a full third, of all the meat expended in the farm-houses in that part of England; that, besides this the farmer looks to the rabbits which he sells to the higglers, who supply the London markets, for a part of the means of paying his rent, tythe, and taxes; that when a farm is taken in these parts the tenant counts much more upon rabbits than he does upon sheep, and that without full power to take, kill, and consume, or sell the rabbits, and to use nets and traps, in order to catch them, no man can pay either rent or rates upon one of these farms, and indeed cannot live upon it at all, seeing, that unless the rabbits be kept down, no corn or underwoods can be grown; that a bill now before the House will, if it become a law, totally ruin this whole body of farmers; that that bill purposes to violate all existing leases; that it proposes to take from these farmers, and to give to the landlord, the right to kill and use and sell the rabbits; that in cases when the ownership of the land is in the occupier, he must nevertheless be ruined unless he be a man of great estate, seeing that none can use nets or traps but a gamekeeper, seeing that none but men of great estate are to have power to appoint gamekeepers, and seeing that unless the farmer can freely use nets and traps to catch rabbits, his land in the parts above-mentioned must be overrun, and he can grow no corn, no underwood, and cannot turn the rabbits to account; that the petitioner's reluctance to take up any portion of the precious time of the House would naturally suggest to him, that it is impossible for such a bill to pass, but that experience has taught the humble petitioner to listen with great caution to such suggestions, and that, besides, he can see no reason to conclude that a bill, which has been not only received but read a second time by the House, may not also be passed by that same House; that the petitioner therefore prays, that the House will not pass the aforesaid bill, and that believing, as he sincerely does, that a bill so unjust and revolutionary never could have been presented to a reformed House of Commons, he most humbly prays, that the House may be speedily and radically reformed."

Mr. Stuart Wortley thought, from what had been stated about rabbits in the petition, that the petitioner could not have 4 Q

read the bill, seeing that it did not pro-
pose to make rabbits property.
Ordered to lie on the table.

NEWFOUNDLAND FISHERIES BILL.] Mr. Wilmot Horton rose to move for leave to bring in a bill to make provision for the better conduct of the Fisheries on the Banks of Newfoundland, and to consolidate into one act the statutes in force regarding them. The hon. member observed, that this was but a small part of the general bill which had, in the course of last session, been introduced with respect to that colony, and which had been printed for the information of members. That bill, which the House was aware had not been passed, was divided into five different heads. The first related to a revision of the courts of justice in the colony; the second had reference to questions of insol. vency; the third contained clauses with respect to marriages; the fourth was for the internal regulation and management of the town of St. John's; and the last was for the consolidation of the several statutes on the subject of the fisheries. The last part was the only one to which the bill now proposed to be brought in would refer. The other parts would be formed into a separate bill, which would originate with the House of Lords. As the object of the bill was so limited, he did not think it necessary to take up further time on the subject, or to go into any details upon the other parts, which would come more properly when they were before the House.

After a few words from Mr. Bright, who expressed a hope, that any additions which had been made to this part of the measure since last year would be marked as such, leave was given to bring in the bill.

| was, and no man deplored it more than he did, still he was decidedly of opinion, that individuals unfortunately possessing property in the West Indies, were intitled to protection. He was satisfied that the House would not consent to any act of robbery and injustice, however anxious it might be to put an end to slavery. The property in slaves was unquestionably odious and abominable; but that property had been acquired under the sanction of the law, and the legislature of the country only was to blame. The slave proprietor had as much right to be protected in the enjoyment of his undoubted property as the fundholder or the land owner. He thought that he could show, that it was not difficult to keep faith with the West-India interest, and at the same time accomplish an object so desirable on the score of humanity.

Ordered to lie on the table.

ALIEN BILL.] Mr. Secretary Peel said, that he rose for the purpose of discharging a duty which he considered to be imposed upon him as a minister of the Crown. His object was, to request that parliament would continue to the executive government, the possession of those powers which they already enjoyed, with respect to Aliens arriving into and residing in this country. In doing this, he felt that he laboured under some embarrassment, the nature of which must suggest itself to every gentleman who heard him. Of late years, the subject had undergone repeated and detailed discussion, and it was probable that every argument in favour of and against the measure was familiar to the minds of the majority of the members present. He was, on the one hand, reluctant to weary the attention of the House by the repetition of arguments with which they were well acquainted; ABOLITION OF SLAVERY.] Mr. Hume, whilst, on the other hand, he was still on presenting a petition from the minister, more reluctant to have it supposed, that elders, deacons, and members of the Scots he passed over the question in silence, beChurch, in Well street, Mary-la-bonne, cause he considered it a matter of indifferagainst the continuance of Slavery in the ence, and not deserving of particular West Indies, observed, that he intended notice. He would therefore prefer to subto take an opportunity, upon some open ject himself to the embarrassment occaday, of submitting a motion to the House, sioned by pursuing the former course, the object of which would be, to pledge and proceed, certainly as briefly as he the House, if possible, not to proceed to could, to state the grounds upon which he any measures of emancipation of the proposed to continue the Alien Act, hoping negro slaves, infringing upon or endanger-that those gentlemen who considered that ing private property, without affording recompence or compensation to the holders. Vicious as the system of slavery

he was unnecessarily occupying their time, would excuse him, on account of the motives which induced him to do so.

He begged, in the first instance, to remind the House of the precise nature of the provisions of the Alien act, passed in 1816, which contained material modifications of the act which was in force during the war. The act of 1816, which it was proposed to continue, provided, that every alien should give, at the port where he disembarked, a description of his name and profession, and of the country from whence he came, to an officer appointed there to receive it; and a penalty was attached to a wilful disregard of that provision. With respect to that part of the measure, he apprehended there would be little difference of opinion. It could not be considered at all unreasonable that aliens, who owed no allegiance to the sovereign of this country, should be required to give such a description of themselves as was required by the act. The more material provisions of the act, however, were certainly of another description. They empowered the Crown, by proclamation or by order, to direct an alien to leave this country; and, in cases of non-compliance with such order, they authorized the infliction of penalties which he considered by no means exorbitant. For the first offence, the penalty was imprisonment, not exceeding one month. If the offence were repeated, the alien was subject to imprisonment for any period not exceed ing twelve months. That was the maximum of punishment. In cases where the secretary of state had reason to suppose that an alien would not pay obedience to the proclamation of the Crown, he was em powered to give him in charge to a messenger, and send him out of the country. It was, however, provided, as a check upon this power, that if the alien should signify to the secretary of state, that he had reasons to assign why the proclamation of the Crown should not be obeyed, the secretary of state should be compelled to suspend the execution of his order, until the alien should state his case before the privy council, and that tribunal came to a decision with respect to it.

He believed he had given a tolerably correct, though a very summary, detail of the provisions of the act. He would now briefly advert to the objections which had, at former periods been urged against devolving such powers on the ministers of the Crown. He would not do this for the purpose of detracting from the just force of those objections, but only to con

sider what real weight they possessed. The first objection to the act, and that which had been put forward in the most prominent manner, was, that it was a complete departure from the ancient policy of the country with regard to aliens, which it was said had always afforded them a hospitable reception into this country, and liberal treatment whilst they remained in it. He did not wish to detract from the character which this country had justly obtained for the hospitable conduct which it had manifested towards strangers. No doubt it was a proud trait in the character of the country, that an alien, on arriving in it, had always found an asylum from persecution, and had been treated with every degree of kindness and liberality, consistent with the interests of the country itself: but he would say confidently, and he was prepared to prove, that there was nothing in the policy now pursued with regard to aliens, which would not bear comparison with the policy which had been pursued at any other period of our history; and that this country was as much entitled, at the present moment, to the noble praise of affording an asylum to the oppressed, and a refuge to those who were unable to find refuge any where else, as it was at any former time. It would be a great fallacy to contend, that at any former period it had been the policy of this country to admit aliens indiscriminately, and yet some argument very like this had been advanced in that House. From what had been said on former occasions, one would really be inclined to suppose, that the interest of aliens was the paramount object of the policy of this country. A reference to history, however, would prove, that a proposition of that nature could not be maintained for a moment. At no period of our history had there existed an indiscriminate admission of aliens. He would show, by a reference to historical documents, that there had always been restrictions imposed upon foreigners, as binding as those which existed at the present moment. On a former discussion the opponents of the Alien act had placed much reliance upon that enactment of Magna Charta, which provided, that aliens should not be excluded from the kingdom "nisi, publice prohibiti sint," which lord Coke had interpreted to mean, "unless prohibited by act of parliament." that passage, he must think, applied to merchant-strangers exclusively, and not to aliens generally.

But

formed that moche infection grewe, by reason that many families of the said straungers dwelt pestred up in one place, that they shold cause such inmates to be seperate, and no more to remaine together then they shold see convenient to be suffred in the place of the abode; And further, where it was informed that divers straungers were there, that professing no religion nor frequenting any divine service

was they shold be dispatched out of their jurisdictions by such a tyme as shold be by them prescribed." On the 21st of February, 1573, another letter was written from the Privy Council to the Lord Mayor of London, and others of her Mar jesty's officers within the liberties adjoining the city of London, which was as follows:"That whereas upon a viewe of straungers remayninge thereabout, their lordships were informed, that there were 1,500, which being repaired under colour of religion, were of no church, nor registred in any boke. Her Majestie's pleasure is they shold be commaunded to departe the realme within a tyme to be by them prescribed: and in case any upon notice hereof wold not associate himself to any churche, for that it could not be thought but that this proceeded rather of collusion than otherwise, he shold not be admitted, but commaunded to departe; and for the execucion of the premysses they shold conferre togather, and with the Lord Bysshopp."

He would now direct the attention of Lord Mayor of the city of London, and the House to the situation in which aliens the officers of the liberties about it, from stood in this country, at the early part of the Privy Council, dated the 27th of the reign of Henry 4th, and he begged to September, 1573, to the following effect: observe, that he would only allude to those" And whereas their lordships were inperiods of our history, when this country was in a state of peace, because, if he referred to a period of war, he should be liable to the objection, that the policy of the government, with regard to aliens, was materially different in time of war, from what it was in time of peace. Henry 4th, then, not by an act of parliament, but by his own authority, issued an order to the keeper of the port of Dover, in which he recited the inconveniences which had re-used in this realme, her Majestie's pleasure sulted from the indiscriminate admission of aliens in England through that port"Considerantes damna et incommoda quæ nobis et regno nostro, per subitos et crebros adventus alienigenarum, nobis inconsultis evenerunt et poterint evenire, vobis præcepimus." The order then went on to direct, that the keeper of the port of Dover should not allow the aliens who were there, to pass the limits of the town; but detain them there, until his majesty should know the reason of their coming, and signify his pleasure thereupon. At the same time king Henry sent another order to the keeper of the opposite port, Calais, directing him expressly, not to allow any foreigners to depart. The phrase employed in the order was certainly not very classical or Ciceronian, namely, "escapare" from that place to England. In the Calais order, however, an exception was made in favour of " mercatores," and this tended to support the opinion which he had ventured to state above. The reign of Elizabeth had always been referred to as the period of our history which contained the strongest proofs of the liberality which had uniformly been exercised towards aliens in this country. He should, however, be able to show, that even in that reign the liberal treatment of aliens had always been a consideration subordinate to the interests of the community.ers, aliens were subjected to restrictions In her treatment of the Spanish exiles, much more grievous than any which they Elizabeth was certainly liberal in the now endured; and it was necessary to reextreme; but she was far from extending mark, that even Elizabeth's favourite Flethe same degree of liberality to all mish exiles were not exempted from those foreigners indiscriminately. She had, how-restrictions. Again, on the 20th of October, ever, motives for granting indulgence to Protestants; but she granted no such indulgence to the Roman Catholics; and in his opinion, she was very right. The first document to which he would refer in the reign of Elizabeth was a letter to the

After having read those documents, he thought it would be impossible for any one to argue, that foreigners were never placed under restraints in England until the introduction of the Alien act. Here was proof, that in the reign of Elizabeth, the boasted period of liberality to strang

1574, the Privy Council wrote to lord Cobham, who was then lord Warden of the Cinque Ports, stating that the council were given to understand that there was a far greater number of strangers in Sand. wich than, by her majesty's grant, were

[ocr errors]

allowed, and directing inquiry therein; and that if such were found to be the case, the overplus should be removed to other places more remote from the sea. On the 8th of November, 1574, the Privy Council sent an answer to a letter which had been received from Sir Christopher Heydon, the mayor of Lynn, stating that the foreigners in Norwich wished to depart and dwell in Lynn. In the answer it was declared that "the Queen will in no wise permit it; but if they will remain where they are, and conform themselves to order, the Queen is pleased to suffer them; if not, they may depart the realme, and have passports accordingly." A letter of a similar purport was at the same time written to the Mayor of Norwich.

[ocr errors]

of handicraft trades, to the extreme hurt both of English and strangers, but that such either speedily return into their own countries, or put themselves to work as hired servants, according to the true meaning of the laws.". He thought he had now done enough to show, that the policy which the country at present pursued with regard to aliens, was not, to say the least, more severe than that which had been pursued at former periods of our history..

Another objection which had been made to the act was, that the powers which it gave to the executive were liable to abuse. It was impossible to deny, that that objection applied with some degree of force. But he would ask, whether there were not securities against the abuse of the powers conferred by the bill? In the

[ocr errors]

of appealing from the order of the se cretary of state to the privy council. But there was a still more effectual check against abuse in the account which the secretary of state must render of his proceedings to parliament. If, from any personal motives, or to gratify the passions of another, he had abused the powers which had been intrusted to him, would he dare to come down to that House that night and ask for a continuance of those powers? When it was urged, that the powers which he now called for might be abused, he would appeal to facts, and say, "Look at the past, and judge from that of what is likely to be the case with respect to the future." He wished the House to understand that he did not mean to say, because there had been no abuse of the powers conferred by the act, that was a reason why the act should be continued. He merely wished to show, that there had been no abuse of those powers; because he felt that if an instance of that nature could be produced, it would be an insurmountable impediment in his way on the present occasion....

In the reign of James 1st, precisely the same policy was pursued. Nay, at that period, aliens were not permitted to ex-first place, the alien possessed the power ercise any handicraft profession, or to sell by retail. It was unnecessary for him to state, how greatly improved the situation of foreigners was, in these respects, at the present day. In consequence of various applications which had been made to the Crown respecting the treatment of foreigners, James appointed a special commission to take the subject into consideration. The directions which the king gave to the commission were as follows: We therefore, entering into due and serious consideration hereof, being bound in our kingly office in the first place to be vigilant and careful of the welfare and prosperous estate of our own people, having been informed that strangers use much more liberty than is allowed unto them by the statute, especially in the using and exercising of handicraft and manual trades, and in selling by retail: Our purpose is, that the marchant of foreign nations resorting hither for trade of marchandise be freely entertained and used, and that the stranger who selleth by retail, or useth any handicraft or manual trade, be moderated as in your wisdom ye find to be most con, It appeared from a return which had venient. Ye shall once in every year been laid on the table, at the instance of cause a true survey to be taken in writing a noble lord opposite, that the whole. of the names, qualities, and professions, number of aliens sent out of the country and places of habitation, of all strangers under the provisions of the act, since the born. Our will and pleasure is, that such year 1816, amounted to only seventeen; strangers born put themselves under our of these, eleven or twelve were individuals royal protection, whereas by the laws of connected with Buonaparte, and of course this realm they ought not to work at all their banishment from the country rested or use such trades but as servants to the on peculiar grounds, exclusively applicable English. But they are not to draw hither to their case. The number of persons, an increasing number of masterless men therefore, who had been sent out of the

[ocr errors]
« AnteriorContinuar »