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“ all those who shall thus unconstitutionally case, and by showing that, in such cases, the • misuse him."--One word here with habeas corpus act has heretofore been, and is Mr. Judge Blackstone. Not for the pur- always expected to be, suspended. “Somepose of justifying all the deeds of King “ times," says Blackstone, “when the state Charles the Second; but, for the purpose of “ is in real danger, even This
be a necesdeoying that broad assertion, that be " de
sary measure. But the happiness of our “ serves no commendation from posterity." “ constitution is, that it is not left to the exeHad the King any thing to do in passing 66 cutive power to determine when the danger these beneficent laws; or had he not? It he % of the state is so great as to render this had not, it is extremely unjust to blame him measure expedient. For the parliament for the evil deeds of his reign; if he had, he only, or legislative power, whenever it does, potwithstanding those evil deeds, de- sees proper, can authorise the crowi, by Serve great commendation, from posterity. “ suspending the habeas corpus act for a Gold-mith, whose history I happen now to 6 short and limited lime, to imprison su pectrefer to, says of the habeas corpus act, that " ed persons without giving any reason for " this law alone would have been suficient so doing. As the Senate of Rome was
to endear the parliament that made it to wont to have recourse to a dictator, a ma
posterity." Was it, then, made in spite gistrate of absolute authority, when they of the king? And in spite of his ministers judged she republic in any imminent dantoo ? Surely, then, he could not be so very ger. The decree of the Senate, which arbitrary a King; or, which would be rather “ usually preceded the nomination of this strange, he must have selected and continued magistrate, “dent operam consules, nequid in his confidence, ministers bearing siogular res publica detrimenti capiat," was called attachment to the liberties and privileges of the “ Senatus Consultum ultimæ necessitatis. the people.--Having thus entered my " In like manner this experiment ought only protest against an attempt 10 blacken the to be tried in cases of extreme emergency ; memory of that king, frons under whose hand 66 and in these the nation paris with its liwe received those laws which are our greate « berty for a while, in order to preserve it est boast, I will now return to my subject. - “ for ever.” (Book I. Ch. 1.) Now, as to The passages I have quoted from Blackstone the nature of the case in Ireland, we know furnish us with a true description of the pa- notbing for certain; nor does the parliature, tendency, and use of the babeas corpus ment, that we know of, know any thing. act. From them, therefore, we may form a When, therefore, the bill for continuing the judgment of the magnitude aod valusof that sospension, was offered to the House of Compart of the coostitution, of which, by the sus- mons, Sir John Newport made a motion for pepsion law, the people of Ireland are de- a previous inquiry, by a secret committee of prived ; and, as there is no just and reflect- 21 members, as to the necessity of such coning Englishman that would wish to deal to tinuation. No, said the ministers, we have, the people of Ireland a measure that he unfortunately, but too certain information; would not like to be dealt to himself, it we are perfectly satisfied of the absolute nemust, with every such man, be a subject of cessity of the measure. " But,” says Blackregret, that the people of Ireland are so de- stone, “ the happiness” (mark his words !) prived. Nevertheless, it mav be
necessary " the happiness of our constitution is, that it that this deprivation should have existed, and " is not left to the executive power to deterthat it should still exist. This is agreed to “ mine when the danger of the state is so on all hands. In America they have defined great as to render this measure expedient." the cases, when it shall be constitutional to In the reign of a king who deserves " suspend the habeas corpus act; and, they o commendation of posterity,” it might not, are, I believe, only two; nainely, those of perhaps ; but, it is pretty evident, I think, actual invasion and of actual rebellion in arms. that things are now somewhat changed. Not
the ministers. Not a jot: it is not third case of great emergency were to arise, left to the executive power now : parliament all that the Americans would have to do, bas determined; and that, too, upon such would be to alter the constitution itself first, thorough conviction, that the standing order and then alter the act. There can be no such of the House of Lords was repealed, in order thing as an unalterable law. It is the spirit that the bill might pass through all the three of ibe constitution which statesmen and le- stages in one day! Really? Well that is gislators must take for their guide; and, someibing more than ordinary! But, thouglı therefore, the present suspension of the ha- we are to suppose, that this conviction has beas corpus act in Ireland must be justified, been experienced, we, the people I mean, it at all, by the necessity and 'urgency of ihe | have not perceived the source whence it was
likely to have arisen. Notoriely, say the mi- by the most sincere and ardent sentiments of
the oflenders to justice; that the lower orders " toms of discontent have, of late, been of the Catholics expected, by the aid of “ manifested in Ireland. The great body France, to be placed in the situation of the 4 of the people, in that country, are attach- Protestant establishmen! ; that i bese were in "ed, in a remarkable degree, to the govern general a religious diob, beaded by low and “ mient; and, the country in general is in a ignorant priests; that they had conceived
far more tranquil state iban it has been for hopes of being put on an equality with the many years past. The people are actuated Protestants, and that the suspension of the
Habeas Corpus Act was necessary to prevent avoided by the mode of inquiry proposed in them from breaking out into violent outrages, the motion of Sir John Newport - Mr. in case th:y were disappointed ---Lord De Macnaughton's argument, that if the HaBlaquiere mentioned, in proof of the neces- beas Corpus Act had been suspended presity of the measure, the resolutions of the vious to lhe month of July, 1803, Lord magistrates of the county of Waterford. He Kilwarden would not have been murdered, also told a story, to slew ibe vigilance with is a very good one for the repeal of tbc act which the Irish jacobins pursued witnesses, altogether, and, therefore, good for the whom they called insurgents, and the con- suspension, but only as far as the suspension sequent dinger of requiring evidence. Some can be regarded as part of a more exterirelations of his had procured a witness of sive measure. ---Mr. Pitt's arguments and the name of Hayley, and in order to keep | declarations (knowing as we do that they him sate till the lime of trial, they sent him must be perfectly consonant with those of with his wife to Liverpo:), and from thence the other Premier) are much the most into London. He was pursued, however, and teresting and most alarming. “ In the prenuurdered in Piccadilly, as they usually were sent case," said he, in answer to Lord in Ireland. His lordship also adverted to Henry Petty,“ no one has denied the the proceedings of the 41h of this month in necessity, although many wish for parthe French Senate, which clearly shewed “ liamentary proof. In my opinion, the how much they depended for assistance on necessity is clear, when we have a the Irisb jacobins.-- Dr. Duigenan said, war with France, who openly threatens that the argument of the noble lord was, that " that country with invasion, who relies on the murder in Piccadilly had been perpe- " internal dissensions, who has given refuge trated by Irish jacobins, and was therefore to those Irishmen who fled for treason, a good reason why an inquiry should not be “ formed them into regiments 10 serve as instituted, on account of the danger to the “ their advanced guard, and collected pilots witnesses. He asked, it gentlemen were “ for their threatened expedition. When aware of the situation of Ireland. He said, all these things are notorious, I think that he might be allowed to be as good a judge “ there is notoriely enough to justify strong of that situation as any of the gentlemen on measures for the security of that country." the other side, who could scarcely have the And, in the debate upon Sir John Newsame regard for Ireland as he had; that he pori's motion, he confessed, that he saw might from his local knowledge be allowed little prospect of being able to recommend ta be a better judge; thai ibfee or four counties a discontinuance of the suspension, while were particularly disturbed; that the case of we were thus situated with regard to France; the county of Waterford was notorious, but, at the same time, took no blame to where gentlemen's houses were broken into himself, and could only lament, in common in the nighis, and their arms taken from with others, that we had to live in such them; that they were obliged to keep a unfortunate times ! The sensiment conlarge train of servants, and all were mas- veyed in this latter member of the sentence sacred if they made any resistance; that is one that would, if there were time, nightly meetings were held in the county of merit a remark or two. But as to our conCarlow; that the same thing was done in tinuing the suspension of ihe Habeas Corpus the counties of Kildare and Limeric; that Act, because ihere is (for I shall suppose in Dublin patrules of cavalry and infantry the intelligence perfectly true) an Irish comwere obliged to scour the streets, in order to mittee sitting at Paris ; and because Napopreveot murder, assass nation, and plots leon has regiments of Irish, and has engaged against government; and that if a! this was Irish pilots to conduct his ships to their but notoriety, be should be glad to know native country ; if we act thu; upon such what notoriety was. ---- - Most assuredly quite grounds, Ireland may bid adieu to the enough, if all this had been upon the spot Habeas Corpus Act for ever; for, we have where the Parliament was sitting; because, *now told Napoleon the exact expense at then, it would bave been notorious to the Par- which, as far as regards the people of Ie. liament. As it was, it was not notorious to the land, he may destroy that Constitution, for far greater part of the parliament, and the preservation of which they are called could not possibly be so -The motion of opon to fight against him. The rimes are, Lord Henry Peity did, however, bring indeed, different from what they used to be ! forth a pretty full confession, that Ireland is When were there not Irish Regiments in in a most wretched and dangerous state ; a the French service? Yet, did that circum. confession that certainly will not fail to give stance ever embolden a minister to come to great encouragement to the enemy, and parlianient for a sospension of the Habeas which confession might have been entirely | Corpus Act? This will ocyer end. ic cannot end; for, Napoleon would be mad l expenses, which constitute the annual charge to discharge his Irish committees and corps. on account of the national debt, and conseWhat in all the world could have induced quently to lessen the taxes raised upon them an English minister thus to raise into real, on account of debt. Into this error they were into great, into lasting consequence, a set deluded by the use, or rather abuse of words, of men, whom it ought to have been his which had never before been used but for wish to make all the world forget, particu- the purpose of expressing the act of making larly the people of Ireland ?
a real diminution in the quantity of the thing SINKING FUND. --The insertion, in the spoken of. When they were told, that the preceding part of this sheet, of the annual sinking fund was to reduce, to redeem, to li. report of the American Secretary of the quidate, to clear off, to pay off. &c. &c, such Treasury, suggests the utility of borrowing, and such portions of the national debt anfrom the American mode of reducing the nually, how were they to avoid supposing, national debt of that courtry, an illustration that the interest of the debt would go on of the nature and tendency of the famous diminishing with the principal ? This they fund, whicli we have, or think we have, for did believe, and this they do, for the far a similar purpose, with regard to our own greater part, believe now. They feel, innational debt. I have repeatedly stated, deed, that the taxes come on them incesand, I think, proved, that our sinking fund santly ; but, they ascribe this to any thing does not at all lessen the national debt; that rather than the national debt, because most it has not the least tendency to lessen that of them, even down to footmen and chamber. debt; and that the words, reduce, redeem, li. maids, have something in the funds. So quilate, &c. &c. as applied to the effects of general is the persuasion, that the sinking that tund, are totally misapplied, and are tund reduces the interest of the debt, that, intended to deceive the people, or, which is no longer than about eighteen months ago, more likely to be the case, are made use of the fact was asserted to me by a merchant from the deception under which those who ot considerable eminence, and one who posmake use of them do themselves labour.-. sessed at the time from thirty to forty thou. My position is this : that as the national saud pounds in funded property. When I debt is felt by the people only in the interest, insisted, that the sinking fund produced no which they are apoually called upon to pro- relief to us ; that it did not, and would not, vide in taxes, the amount of that interest in the least lessen the annual charge upon us is the only measure of the magnitude of ihe 011 account of interest of the debt; he not only debt; and, that, as the operation of the expressed his astonishment, but contested sinking fund has not, and cannot, lessen the the point with me, till I brought him to my amount of the interest, it cannot lessen the house, and shewed him the accounts, wbere magnitude of the debt. We are told, that he saw, that, since the year 1791, the an. the Sinking Fund has accumulated to such nual interest (including charges) of the naan extent, that it has already redeemed 70 rjoval debt, had gone on increasing from 10 millions of the debt. But, how has it re- 10 25 millions, and that the sinking food deemed it? How can these 70 millions de had not tended to check its increase even in said to be redeemed, while we have annually the smallest degree; where he saw all the to pay interest on then? So long as we have stock still continue in existence, just the same to pay interest upon the wbule of the debt, as if ihere had been no sinking fund, only wbat is it to us, wbether we pay it to indi- that part of it was said to be held by goviduals or icto the hands of ministerial Com- vernment commissioners instead of being missiogers? What signifies the name that held by individuals, but that interest must wegive to it, whether redeemed or unredeemed still, he clearly saw, be continued to be debt, so that we are still compelled to pay paid upon it all, or else the whole of the the interest upon it; so that it lays just as paper fabrick would instantly vanish. Now, heavy upon us, as it would have done, if if a person like this was so completely deno trick, like that of the Sinking Fund had ceived, what must we naturally suppose to been devised? This is so evident to every be the i ase with the public in general? With man of common sense, that the people in ge- the footmen and chambermaids who are the neral (I may say nine hundred and ninety- creditors of the government ? [Here I am nine out of every thousand) have enter. obliged to break off; but the sobject shall tained hopes of relief from the Sinking Fund, be continued in my next sheet; and I do only because they understood, and firmly be- flatter myself, ihat I shall succeed in place licie, that ihe effect of that fund was gradu- ing it in a clear and true light.) ally to lessen the amount of the interest and
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Garden, where former Numbers may be had ; sold also by 3. Budd, Crown and Mitre, Pall-Mall.
Vol. VII. No.10 ]
LONDON, SATURDAY, MARCH 9, 1805.
" As it would have required hut a moderate share of prudence, when we first began this practice of mortgaging, to have foretold, from the nature of men and of ministers, that thin is would necessarily be carried to the length we sue ; so null, that they have, ai last, bappily reached it, it may not be t'ficuic to guess at the consequence. li mist, inked, teine of these two tenis: either this nation must destroy
public credit, or public credit will destruy the nation." --- Hume, Essay on Public Credit. 353]
[3.4 PUBLIC PIPER.
Secretary of State for the Colonial DepartFRANCE AND Guroa. listract of a mant, laving, in consequence of a Report
Convention concluded by the French linii- of the Committee of His Majesty's Privy ter, Sallicetli, with the Ligurian Repub- Council for Trade and Forcign Plantations, lic, in the name of the Engrur Voicon, Communicated to me the Royal pleasure, signert on the 2016 of Octubir last.
that I should not open any of the Ports of The Emperor Napoleon engages to pro- any of the Islands over which I preside, for cure a Peace for the Ligurian Republic with che adoii ion of articles from slie American the Barbary Powers, and 10 cause the Ligu- States, which are not allowed to be imported rian Aag to be respected by those powers. - by law, except in cases o real and very great Should be, however, not be so successful in n'cessity.--I issue this my Proclamation, this endeavour as he exsects to be, be engages notifying and declaring, that under the re. to furnish the ships of the said Republic with gulation and authority of an At pas ed in French colours, that they may thos be pro. the twenty-eighth year of His Majesty's tected. --The Emperor of the French will reign, and intitied,
“ An Act for Regufurther grant permission for the importation Jaung the Trade between the subjects of His of all Ligurian commodities into Piedmont, Maje-ty's Colonies and Plantations in North Parma, and Placenza, only paying the small smerica, and in the West India Islands, and importation-toll, wbich was before custom- the countries belonging to the United States ary, which shall begin to be in force imme- of America ; and butween His Majesty's said diately after the ratitication of this conven- Subiects and ibe Foreign Islands in the West tio:,- On the other part, the Government Indies ;" I admit in the different Poris of the of the Ligurian Republic engages to furnish several Islands under any command, the im6,000 scamen, during the present war, and portation of the following articles, viz. to. to have 4,000 of them in readiness in a short bacco, pitch, tar, turpentine, hemp, flax, time.-- The Ligurian Republic cedesibe hut- miasi, yards, bowsprits, staves, heading, bours, with the arsenal, as also the galley boaris, timber, shingles, and lumber of any harbours and the dock yard, with the basin, sort; horses, neat ctitle, sheep, hogs, pouland places them at the disposal of the French; try, and live stock of any sort ; bread, bisa and as it is intended to build in the said dock- cuit, tour, prase, beans, potatoes, wheat, yard len ships of the line fur France, ihe rice, outi, barley, and grain of any sor! ; Ligurian Republic engages to enlarge the ba- such commoditic's respectively being the sin sutticienily for ibe entrance and station- grow in or production of any of ihe Terriing of shese ships at its own expense ; and
tories of the said United States of Alcrica. as at the time of the conclucion of ihis con- But whate24, in the first Section of the vention a new built ship of ihe line, a fri- Ace of the General Council and Issemb'y gate, and two corvettes are lying finished of the Leeward I lords, passed in April in the dock of Genoa, these strips stall like- 1793, and intitled, “ An Act laore effecwise be placed at the disposal of France. tually to provide tur the support, and extend
certaia Regulations for the Protection of DOMESTIC OFFICIAL PAPER. Slaves, to promote and encourage their in. ANTIGUA.- By His Excellency the Right crease, and generally to ameliorate their con.
Hr. Ralph Lord Lavingiis, Baron of dition." -- ji is enacied and ordained, that
provisions, une pound and one quarter of The Eari sanden, His Majesty's Principa! I herrings, 'shadi, or wackarel, or older sub.