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ing would have disposed them to rise | be understood to decide, that, under all against Buonaparté; but he thought it was the circumstances of the case, peace would pretty strongly shewn in their not rising be preferable to war. He was not prefor bim. Every artifice bad been resorted pared to come to such a decision. He .to by Buonaparté to excite a sirong feel. was not for entering into an unnecessary ing against the Allies, in order to make war, nor was be willing to repose on a the war national, and had totally failed. | hollow and insecure peace. In the events Such being the feeling last year, there which had taken place he could see justi. must be strong circumstances that would fiable cause of war. This he thought beconvince him, that it was wholly extin- yond all doubt. The only question to be guished in the present, and that a state of considered was one of very great importthings favourable to their wishes, should ance-the expediency of acting upon that have disposed them to turn from the Go- cause of war. He had no difficulty whatvernment to whom they owed the advan- ever in voting for the Address. tageous change which had been effected, Lord Castlereaul said, that what bad to him who had been the object of their fallen from the right hon. gentleman who hate. This to him would be miraculous. had just sat down, had relieved him from That which had struck him most in the the necessity of stating much of what he course of the last year, was the want of had it in contemplation to offer on the energy which appeared in the French cha. | subject of the Amendment which had racter. To him their spirits seemed to been moved to the Address. From what have been quite worn out. They seemed that right hon. gentleman had said, the to wish for peace; and hoping this would | House would feel that nothing could be be the result of the invasion of their coun. | more cruel than to bring forward as an try, they did not care to oppose it. From amendment certain truisms, which went what he had observed of the French cha. by implication to impule to ministers a racter at that time, he was not surprised, design to commence a war which was not when Buonaparté appeared among them warranted by justice, necessity, and good on a sudden like an apparition, that he faith to his Majesty's Allies. He looked should have been able to advance without upon this question, as the right hon. gen. opposition from the people. The soldiers tleman did, as one entitled to the gravest had certainly always been for him; but consideration, and as being one of the that no opposition had been given to him, most important and momentous on which did not prove to his mind that the great any goverument had ever been called body of the people were indifferent to the upon to decide. It was for the Govern. change which had taken place, and still. ment of this country to consider whether less that they were favourably disposed to the interests of Europe called upon them, him.
in concert with their Allies, to prefer a Mr. Plunkett said, he should have thought, state of war or of armed defence. In that on the subject of the proposed Ad. | moving the Address, and stating the two dress, there would have been but one opi. , alternatives, he had said nothing with a nion in the country-that at a crisis so view to bind the House to one of them important the hands of Government ought more than to the other. If the hon. gen. to be, strengthened, and enabled to take tleman who had moved the Amendment, such measures, in concert with their Allies, or those gentlemen who had supported it, as circumstances should require. To be meant to declare that ministers ought to Julled into security by any good acts be bound to one of them, they owed it to which Buonaparté might perform at such the country and themselves not to endea. a time, would be to be greatly wanting to vour to effect their object, by moving a ourselves. The Amendment contained no string of truisms to bind down the Governassertion which was not in itself perfectly | ment by implication, but to embody their true and just; but, unseasonably intro- sentiments in a specific resolution. The duced, it would by implication throw a. | Government ought not to be crippled in censure on ministers which was not true, its negociations with friendly Powers, and and unjust. The Amendment, if adopted, prejudiced in its transactions with that would, by implication accuse the Govern country most concerned in the result of ment of wishing to involve the nation in the present state of things, by restrictions an unjust and unnecessary war. If the introduced by a side wind ; the necessity House were to assent to the proposition of for which those who brought them forshe hon. gentleman, they would indirectly ward were not prepared openly to declare.
With respect to what had been said by could not have been a party at the time it the hon. gentleman on the subject of the appeared; but he did not hesitate to up. negociations at Chatillon, he had to answer, hold and justify it, though, from the that because terms had then been offered circumstances under which it was issued, to Buonaparié, accepted, and departed and the changes that had since taken from by him before they could be carried place, which at that period were not into execution, it did not follow, that if, known, that Declaration was not to be conon a future occasion, he, in bis weakness, sidered as a declaration of war. Had it should be disposed to accept of those been received in that light, it would have terms, that they were to be conceded to become the duty of ministers to i sve leta him. Nor ought the Allies to be in- ters of marque and reprisal immediately. fluenced at such a time by his publishing He agreed with his right hon, friend, that decrees, conformable to the line of policy the great names affixed to the Declaration which they had adopted, and in favour of of the Allies, furnished the best refutation that to which he had been the greatest of the tortured meanings which had been enemy before. On the subject of the attached to it. They were justified, how. Slave Trade, the noble lord took occasion ever, in holding Buonaparié out as an obto observe, that the favour which Buona lject of terror, and in endeavouring, by all parté had done the cause of humanity, was legitimate means, to destroy and extinguish not quite so great as the hon. member his power. Statements had been made seemed to imagine, as he had always been within those walls, respecting persons in the most declared enemy to the abolition, friendship with this country, which were nor was be now to be confided in. He re- more likely to expose the parties to assassi. peated that it by no means followed, that nation, than any thing contained in the the terms formerly offered to Buonaparte paper which had been so much animad. in concert with the Allies, ought now verted upon. When a hope was expressed to be submitted to him. He did not that this country and its Allies would not assert that this would not be done, but he engage in a war of aggression, he wished contended it did not necessarily follow to guard the councils of the Allies from that it should. This the Allies had for. such an imputation, if they should proceed merly felt, before they had reached Paris. to repel an aggression which had been When Buonaparté perceived they were already committed. We had a full, suffi. advancing in that direction, he had offered cient, and moral justification in commento accept of those terms from which he cing war against Napoleon, if we considered had previously withdrawn himself, and it wise and right to do so. The Governwas answered, that the time for treating ment would act in concert with the Allies : with him on those conditions was then and his Majesty's ministers, he contended, gone by ; and his having departed from were entitled to claim that their responsi. them once, was considered a sufficient bility should not be broken in upon by the reason for not acceding to his wishes at a truisms of the honourable gentleman. subsequent period, Would it be main. Mr. Ponsonby shortly gave his reasons tained, that under any circumstances an for not voting for the Amendment. The individual who had foiled them so often, speech of the noble lord he thought bad was still entitled to be terms they for- been much over-stated. He had been re. merly offered him ? and while he came presented to have spoken as if he was reunblushingly forward, having deceived solved on immediate war, if he could but them once more, was he still to be con- persuade the Allies to take part in it. He sidered in the same point of view as for- understood no such statement to have been merly? It might be thought that an armed made. He wished to ask the noble lord if peace would be preferable to a state of war, he had said this ? [A cry from the Oppo- , but the danger ought fairly to be looked sition of “ the question is not answered.") at: and, knowing that good faith was oppo- Lord Castlereagh said, that on this subject Bite to the system of the party to be treated he had given no opinion. with, knowing that the rule of his conduct Mr. Ponsonby said, he was right, then, was self-interest, regardless of every other in what he had said. The speech of the consideration, whatever decision they came noble lord had not been fairly described. to, must rest on the principle of power, 1 If it should hereafter appear that Governand not on that of reliance on the man.ment unnecessarily engaged in war, none To the Declaration which had been pub of his friends would surpass him in zeal to lished, the Government of this country heap censures on their conduct. The
Amendment to him appeared perfectly un. Earl Grey said, that another transaction necessary. His hon. friend seemed to have referred to in the Papers on the table, ap. intended it to assist bim (Mr. P.) in de-peared to him to require further explana. ciding on the Address before him ; but he tion from his Majesty's Government: he wished to inform his hon. friend (in perfect meant with respect to Genoa, and he would good nature) that he was not quite such a take an opportunity of moving for such fool, but he could understand what had | information on Wednesday, if there should been submitted to them without his assist. | be time enough to enter upon the subject ance.
after the motion of the noble marquis should The House then divided:
be disposed of. For Mr. Whitbread's Amendment... 37 The Earl of Liverpool expressed his reaAgainst it .......
........220 diness, as he had communicated to the noble
earl, to produce any information which he Majority ............ 173 was capable of affording, consistently with · The Address was then agreed to. his view of public duty; and he was . . List of the Minority.
equally ready to comply with the wishes
of the noble marquis if, as a matter of Abercrombie, J. Lemon, sir W. convenience, he would inform him what Brand, T. Moore, Peter
information or papers he required. Bennet, hon. H. G. Martin, H.
Marquis Wellesley said, that he had Burrell, hon. P. D. Martin, J.
already communicated to the noble earl Burdett, sir F. Molyneux, H. Butterworth, J. North, D.
the Papers which he at present had in Barnard, Lord Osborne, lord F.
view : and if any farther should occur to Bewicke, c. Pigott, sir A.
him before Wednesday, he would let the Campbell, J. Pierse, H.
noble earl know it. Calvert, Chas. Ridley, sir M. W. The Marquis. of Douglas requested to Coke, T. W.
Romilly, sir S. know from the noble earl, whether he had Duncannon, lord Ramsden, J.
any thing farther to lay before the House Dundas, hon. L. Smith, J.
with respect to the communications of Fergusson, sir R. Tierney, rt. hon. G.
Whitbread, S. Gordon, Robert
lord William Bentinck with certain Italian Horner, F. Wilkins, W.
officers, and also with regard to certain Heathcote, sir G. Walpole, hon. G. cessions to Austria in the North of Italy Hamilton, Ed. A.
The Earl of Liverpool replied, that he Kemp, T.
Althorp, lord I had already laid on the table all the Papers Lambton, F, G. Smith, W.
with respect to Italy, of which the Prince
Regent had ordered the production; but HOUSE OF LORDS.
it was competent to the noble lord to
move for any farther information he deMonday, April 10.
sired. Escape or BUONAPARTE PROM Elba.] Marquis Wellesley observed, that the Papers
HOUSE OF COMMONS. on the table did not appear to him to con. tain sufficient information to satisfy the
Monday, April 10. judgment of the House ; yet, extraordinary Petition of MR. LATHROP MURRAY. as was the original rise, che rapid fall, and Sir Samuel Romilly said, that the Secretary the sudden resurrection of the present of State having been so obliging as to in. ruler of France, these Papers contained form him, that the case of Lathrop Murray, passages more likely to attract the atten- which he had some time ago brought tion of history, than any part of his career. before the House, was not such as to call To these passages, the noble marquis said for the mercy of the Crown, he felt it bis it was his intention to call the attention of duty to present the Petition of which he their lordships. He should mention Wed- had spoken when he bad first mentioned nesday, if that were not deemed an incon. the business. He did not mean to blame venient day; and on that occasion also be | the respectable Judge who had passed the would move for such additional informa-1 sentence, nor did he mean to censure the tion as he thought necessary; adding, Secretary of State. He would state the that he should feel it his duty to animad. / case from the report of the short-hand vert upon the general aspect of the trans. writers. Mr. Murray, who was an officer action referred to- upon its immediale and had served in Spain, was married in results, and probable consequences. 1797, in Londonderry in Ireland, lo a lady of the name of Marshall. He was married | tioner was a legal one. He could stale by a Dissenting minister. Dr. Black, the also, that some years ago certain very clergyman who married him, had in his eminent civilians in that country were evidence said that he was younger than the consulted respecting that marriage, all of lady, and that he had seen Mr. Murray whom declared that it was a legal one, but once at a dissenting congregation. and that no Ecclesiastical Court in Ireland Mr. Murray contracted a second marriage would venture to set it aside. The ques. with a lady in London, in 1801, after he tion which the learned Judge who tried had been informed, as he said, by two civi. I the case, had promised to reserve for the lians that the first marriage was not valid | opinion of the Judges, was, not as to the by law. There was no evidence that the legality of the first marriage, but whether, second wife was not fully apprised of the under the act of parliament, a single witfirst marriage, nor even was there sufficient ness who was present at a marriage, toge. proof that there was a second marriage. ther with the registry of it, were sufficient He mentioned the case only with a view to establish its having taken place. Upon to the apportionment of punishment. that point, however, he had no doubt ; Mr. Murray was sentenced to seven years and the hon. and learned member then transportation. This was the severest pu- referred to a case in which lord Mansfield nishment which could be inflicted under had decided, in opposition to sir William the most aggravated circumstances for the Blackstone, that the registry of a marriage crime of bigamy. But even allowing the alone was sufficient evidence to prove the first marriage, and that there was full marriage. The Solicitor General said, he proof of the second marriage, this was not had no doubt upon bis miod, therefore, as a bigamy under those aggravated circum. to the legality of the conviction. stances. There was an affidavit from the Sir S. Romilly admitted that bigamy was second wife, that she had been fully ap. always a profanation of a sacred ceremony; prised of the first marriage; and surely but thought that the crime was inuch there was a wide distinction to be made aggravated when it produced the misery between a man marrying a second wife and ruin of the second wife. If in a case and previously informing her that he had that was not aggravated by this circumbeen married before, and a man marrying stance, the severest measure of punishment a second wife and imposing himself on was inflicted, how would they deal with her as a single man. An hon. member an aggravated case? In this instance, the had said that if Mr. Murray did not de- petitioner, who was a gentleman by edu. serve his sentence for bigamy, he deserved cation and profession, was treated like a it for swindling. But he (sir Samuel) | common felon, and had the severest pu. could not believe that the Secretary of nishment inflicted that it was possible to Stale would proceed on such a ground. pronounce.. It was against every principle of law, that Mr. Addington said, that the case had a person should suffer the punishment for been most maturely and impartially one crime which he deserved for another. considered by the noble Secretary of At any rate, there should be some inquiry State. The law part of the case was subinto the reality of the second crime, before mitted to the law officer, and the merits the punishment was inflicted Mr. Mur- of the case referred to the respectable ray was most anxious that there should be Judge who tried it. every inquiry made into the charge of The Petition of Robert William Feltham swindling against him, in the full confi. | Lathrop Murray, late a captain in his dence that the charge would be found to Majesty's Royal Waggon Train, was then be wrong. Sir Samuel said he did not presented and read; stating, “ That the mean to press the petition in any adverse petitioner has been prosecuted by a person sense ; but he thought, that at any rate named John Pickering for bigamy, for the House should have the Recorder's having, nearly twenty years ago, when report to the Secretary of State before only eighteen years of age, serving with them.
bis regiment in Ireland, been entrapped The Solicitor General rose and said, that into a marriage ceremony with Alicia in his own opinion, and that of his learned | Marshall, a woman nearly twice his age, friend the Attorney General, after having which ceremony was performed by a examined every act of parliament in Ire-person named Robert Black, declaring land respecting the validity of the marriage himself to be a Dissenting preacher, never ceremony, the first marriage of the peii. having been in any way ordained; and (VOL. XXX. )
| (2 H)
the petitioner, being a Protestant of the which he spoke of the destruction of the Established Church, and being educated independence of Saxony, whether with at Westminster School and the University reference to the moderation with which of Cambridge, and the ceremony itself, he characterised the conduct of the Emsuch as it was, being performed without peror of Russia, whether with reference to banns or licence in a private room of the the utter contempt with which be treated woman's house, no person being present the rights of all nations, or, whether with but her own family, and with the total reference to the quality of the composition omission of all those forms and ceremonies itself, was matchless. As a diplomatic by which the marriage contract is sup- production it absolutely stood without posed to be rendered binding, more espe- competition. “ None but itself could be cially as the petitioner, being a minor its parallel.” He should be glad to know entitled to considerable landed property whether the ingenious paper to which he in Shropshire on coming of age, and being had alluded was authentic? then under the controul of guardians, was Lord Castlereagh observed, that really incapable of legally entering into a mar. the nature of the hon. gentleman's quesriage contract; and that there was notions, their number, and his mode of proproof whatever of the second marriage posing them, were without parallel in the with one Catherine Clarke but the oath history of Parliament. This was not the of the said Robert Black, the Irish Dissent time for justifying the transactions in ing preacher, and John Reeves, the police which he had been recently engaged, but clerk at Union Hall, who swore that the as for the letter which had been men. petitioner admitted there that he had mar- tioned by the hon. gentleman, although ried her the said Catherine Clarke ; and inasmuch as it was garbled and was a also stating other particulars as set forth translation of a translation, it was necesin his Petition, and complaining of the sarily imperfect, yet he had no hesitation sentence passed upon him; and that the in saying that the general reasoning which petitioner, having thus submitted his case it contained proceeded from him, and that to the House, which he is induced to do notwithstanding the hon. gentleman's re. from the accumulated punishments he has marks, he was perfectly prepared to defend already had inflicted on him, and from his | the soundness of the principle of that part apprehension of being transported with of it which related to Saxony. With the commonest convicts to Botany Bay, a respect to the nature of the returns which punishment worse to him than death itself, had been made to the Address of the House, confidently relies on the justice of the unquestionably they did not extend te House to afford him that relief which in its subjects which subsequent negociations wisdom may appear meet."
must determine. He had before apoloOrdered to lie on the table.
gized to the House for having been led by
the hon. gentleman's breach of the rules CONGRESS AT VIENNA –CONTINENTAL which ought to be observed on these occa. Arfairs. Mr. Whitbread, adverting to the sions, to commit a breach of them himself, papers which had been laid on the table by communicatiog to Parliament informain return to the Address of the House of tion on the point of Genoa, before the March the 20th, for information relative to arrangements which had been discussed the progress of the Congress at Vienna, were actually carried into effect. But the observed, that the communications which hon. gentleman had taken advantage of had been made were most meagre and in- garbled documents, to throw on the Go. sufficient. He could not but suppose that vernment of this country, and on all the it was impossible but that in the course of Sovereigns of Europe, so much unfounded the proceedings of Congress other transfers calumny, that he (lord Castlereagh) was and annexations must have taken place, actually driven out of the ordinary path besides that of Genoa, Indeed, the noble of parliamentary proceeding, for the purlord had himself spoken, the other night, pose of defending the good faith of all the of the transfer of a part of Saxony, and parties concerned. He trusted, however, bad talked of the transfer of the whole of that the abuse of the general rule would it, in a letter published in the Morning not henceforward be considered as the rule Chronicle of that day-a letter which, itself, and that the hon. gentleman would whether with reference to the tone assumed not suppose that because he had induced by the noble lord as the punisher of kings, him to pervert the course in one instance, whether with reference to the facility with that he would do so in another. He had