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away, though they all remembered how that the army might be transferred to the recently it was the cry of the day that legitimate dynasty in a state of mind that the deliverance of Europe was to be at would secure their services, that the artributed to the councils of the noble earl. rangements at Fontainbleau were entered That cry was the burthen of every song into; and he, for one, certainly never did and every speech in praise of Ministers. expect, after the unanimous acts of ad. The Peace of Paris, it was said, had been herence, and the protestations of fidelity the reward of perseverance; nay, the proffered by that army to Louis 18, that noble earl himself was so convinced of it, they would have violated them so soon; that he had the motto “ Peace, the Re- , in fact, he thought better of human na. ward of Perseverance," emblazoned in ture than to suppose such baseness posburning letters on the front of his house. sible. The noble earl then vindicated But how bad the Peace of Paris been re-l the conduct of lord Castlereagh from the warded? Let the noble lord look at the imputations of lord Grenville, and conglittering star which shone upon his tended, that he had not only hastened to breast, and he would know at least how Paris with all possible expedition, but he had been rewarded for that peace. that when he arrived he did all in his With respect to the other rewards which power to prevent the Treaty from being that peace had procured, one of them concluded, and at last modified it as far as now appeared to be the escape of that it was practicable under existing circumman from the island of Elba, whose prestances. The Treaty itself was concluded sence in France threatened to deluge under the pressure of difficulties: every Europe again with blood; nor, as it apo moment was precious; and the chiefs of peared, had any adequate instructions the army could not answer for their troops been given to prevent his escape. A gal. an hour, unless some such arrangement lant officer, indeed, was permitted to risk was determined on. the probability of involving Europe in Earl Grey said, that it was not bis inwar, if he chose to act upon his own retention, after the length to which the desponsibility; but no positive, no precise bate had gone, to have offered his sentiinstructions were given, though a sort of ments at all, had it not been for some most understanding, it was said, existed with extraordinary things which had fallen from the admiral. There certainly appeared two noble lords opposite. It was imposto be an understanding in the admiral, sible, however, to let those observations and be wished there had been as much in pass without some short notice. A noble the noble lords. He would not detain the earl (Liverpool) had told them, that noto House any longer, as he could not enter withstanding the triumphant march of the upon a variety of arguments which | Allies into Paris-notwithstanding the glopressed upon him, without weakening the rious successes which had led to that speech of his noble relative; and he catastrophe-notwithstanding the proud should therefore sit down, in the confident hopes which were justly founded upon hope that the motion of the noble mar those successes-lhe Allies were comquis would be agreed to.
pelled, as a matter of necessity, to submit The Earl of Aberdeen said that he was to arrangements which, in their consechiefly anxious to correct some miscon- quences, as they now developed them. ceptions which seemed to exist with re. selves, ménaced Europe with new danspect to the condition of Buonaparté, at gers; and those were among the first the time he was at Fontainbleau. From fruits of that great and glorious success the concurrent testimony of all who were which had crowned the efforts of this on the spot, and in a condition to form an country, for the maintenance of its own accurate judgment, it was ascertained that independence and the safety of the world. if by any movement of the Allies on the And how had that necessity been procorps of Buonaparté that body should be duced? Why, according to the testimony annihilated, and he himself, perhaps, de- of the noble earl who spoke last, it existed stroyed also, the French army were so in the Allies being compelled to treat anxious about his fate, that the war would with a person who at that moment was in not then have been terminated; on the situation of such despair, discomfiture, and contrary, it was expected they would dejection, at Fontainbleau-80 weak, so have rallied round his marshals and pro desperate, that by a movement of the tracted the contest to an indefinite period. | combined troops his army would have It was from that view, and from a desire | been destroyed, and its leader annihilated.
That was the declaration of a person who way in which he discharged the duties of was himself on the spot, and had the a seaman, but also for the manner in which means of knowing what he affirmed; and be fulfilled the more extensive obligations if that was compared with the statement of a man and a citizen-that admiral Hal. of the noble lord who described the situa. | lowell had expressed his determination, if tion of Buona parté to be so formidable he should find Buonaparté, engaged in that he could have protracted the war, it any attempt to land hostilely on the conwould be confessed that some new lights tinental shores, on his own discretion to of policy were breaking upon them with detain him and prevent him from exerespect to that transaction. It appeared cuting his purpose. A most proper de. that the Treaty of Fontainbleau had been termination. But how did it come to the concluded, not from any fear of the re- | knowledge of the noble viscount? Was it sistance which Buonaparié was in a con- by accident, or did it proceed from ad. dition to offer, but from the desire of trans. miral Hallowell himself, as the precursor ferring to the King of France that army of a request 10 be instructed on the subwhich he commanded, in a good temper;ject by the Admiralty, or at least to intior, to use the words of the noble lord | mate to the Admiralty the expediency of (Castlereagh), who wrote with the same instructing his successor with respect to elegance and precision that he spoke, it? Having, in whatever way, obtained a “ to pass that army over to the King in a knowledge of this determination of ad. state to be made use of.” With regard miral Hallowell, ought it not to have to the escape of Buonaparte fron Elba, he served as a hint to the Admiralty to give thought there was a great degree of cul- those instructions to his successor, which pable negligence in our Government. The the resolution adopted by the gallant addanger of such an escape required no miral proved to be absolutely necessary? extraordinary foresight to anticipate ; and Such appeared to him to be the breacb of yet, because it was impossible so her. duty on the part of his Majesty's minismetically to seal that island as to preclude ters on this occasion, that if Parliament all possibility of escape-because they and the country expressed a disposition could not “ make assurance double sure," 10 leave power in such bands, they must -because, in fact, every thing could not not be surprised at any future mischances be done, the noble lord at the head of the that might occur. A great danger had Admiralty, and his colleagues, seemed to existed, against which it had been the think, therefore, that they were released duty of ministers to provide. The motion from the obligation of making any pro. for their lordships' decision was, to call visions against such an event. Consider- | on ministers for the steps they had taken ing the character of the person who had in the discharge of that duty. To that been placed in the Isle of Elba, consider-motion their lordships must accede, un. ing the means which he possessed, and less they were absolutely indifferent to considering the views which had been the manner in which the affairs of the jmputed to him, was it or was it not to be nation were administered. For his own expected, that he would make a descent part, he never gave a vote with more on France or Italy? Why, then, had not complete satisfaction, and with a more provision been made against such an thorough conviction of doing his public event? Why had not the British Admiral duty, than he should feel that night in on that station been directed, if he met supporting the motion of his noble friend, Buonaparté in his corvette, armed, and The Earl of Buckinghamshire defended prepared for hostility, to detain him, and the conduct of the Admiralty on the ocprevent him from executing his purpose ? | casion in question. Did any man conIf he could collect any thing from the ceive that the naval power of France was noble viscount (and he confessed that not sunk to so low an ebb, that it was imposmuch of the noble viscount's speech was sible for her to give those instructions to to him intelligible) it was, that not a word ber navy which the noble earl called on of instruction had been given either to the our Government to give to ours? And of admiral, or to the subordinate naval offi- which of the two nations was it the cers. , All the noble viscount had said | greater interest, as well as the greater was, that admiral Hallowell-a name duty, to prevent the return of Buonaparté „which it was impossible to pronounce to the Continent? The object of the late without respect, as that of an individual war had been two-fold ; the one to reuniversally honoured, not merely for the move Buonaparte from France, the other to prevent bis return to it. As a security, the House resolving into a committee on for the latter, the restoration of the Bour. the Bill for extending the Trial by Jury bons was most important. Agreeing with to civil causes in Scotland. the noble marquis who made the motion, Sir Samuel Romilly said, he did not rise that it was by a narrow chance that Buona- | to oppose the progress of this Bill. He parté fell into the situation, the result of thought, on the contrary, that it was a which was the loss of his throne, he thence | Bill which would confer the most impor. contended, that the best course which this tant benefits on Scotland. He could by country could have pursued was to accede no means consider it as a mere experi. (as we had acceded) to the Treaty made ment, but as an immediate remedy for å with Buonaparté. Their lordships had that great practical evil. From his own ex. night been told that all the blood and perience in appeal causes from Scotland, treasure which had been expended during he knew that the greater part of them the late war, had been wasted in vain. | turned upon mere matters of fact. The This he absolutely denied. We had ac. mode of trying these questions now in complished that which was of the utmost Scotland was enormously expensive as well importance to Europe. Had the opinions as dilatory. A case wbich in England of the noble lords opposite indeed been might be disposed of by a jury five or six listened to, the efforts made by this coun: weeks after the action was brought, was try in Spain would have been omitted, often pending in Scotland for seven or and instead of discussing the merits of eight years. There was another great such a Treaty as that of Fontainbleau, we advantage, in the trial by jury, that the should have had very different subjects countenance, the deportment, and tone of for consideration, with Buonaparte in pos. / voice of the witness, was a sort of living session of the whole continent of Europe. commentary on the value of his testimony.
The Earl of Rosslyn reprobated the This was an advantage that trials- taken neglect of his Majesty's ministers to pro. upon written depositions could not have. vide some means against the return to the He certainly valued highly the consciencontinent of a person whom they them. tious scruples of those petitioners, who selves characterised as the greatest enemy supposed, that after taking the juror's of the peace of the world. A small force oath, they could not give up their opinion would have been sufficient for that pur- to their fellow jurors, so as to agree upon pose; for the question had not been ara verdict. In this country, however, gued fairly. It was a very different where the trial by jury had existed for operation to prevent an individual from many centuries, a man would be supposed crossing over in an open boat, and to to have a very perverted understanding, prevent the passage of an armed expedi. | if he could imagine that, after having adtion. Nothing could be more futile than vanced all the arguments he could in supthe attempt made by the noble earl who port of his impressions, he would be per. had just spoken, to justify the conduct of jured in finally acquiescing with the opithe British Government, by asserting that nions of the majority, and finding a verthat of France was as much or more inte. dict accordingly. He must also observe rested in the subject. Whether the Bour. that he thought this Bill might be a prebons had the same means and the same cedent for important amelioration in a facilities as ourselves, was not the ques. part of the English law. In our Eccletion. Our Government had a distinct siastical courts, the proceedings (which duty to perform; they neglected is, and also went on written depositions) were if their lordships refused to call for the enormously expensive and dilatory. He papers moved for by his noble friend, hoped that when the attention of the they would, in his opinion, abandon their House was called to the advantages of duty.
trial by jury in Scotland, they would also Their lordships then divided :-Con. see the propriety of a similar mode of tents, 21; Not-Contents 53 : Majority, trial in many of the cases before our Ec32.
elesiastical courts. I
Mr. W. Dundas fully agreed with the HOUSE OF COMMONS.
hon, and learued gentleman in his remarks
on the great importance of this Bill, and Wednesday, April 12.
declared that he had no wish to precipiSCOTCH JURY Trial Bill.] Mr. W.! tate it through the House ; on the conDundas moved the order of the day for trary, he was desirous of paying every attention to the prejudices of the Scotch , one, providing, that when a jury did not nation upon the subject. These preju- agree in twelve hours, they should be disdices, however, he hoped would in the missed, and a new trial granted. This end be removed, and the beneficial objects latter clause excited some discussion, in pf the Bill universally admitted.
which Mr. Wilberforce, lord A. Hamilton, The House then went into the com- | sir James Mackintosh, Mr. C. Grant, Mr. mittee. To the first five clauses no ob- Elliot, Mr. J. P. Grant, lord Binning, sir jection was made. To the sixth clause | S. Romilly, sir H. Montgomery, and the
Mr. W. Dundas proposed an amend. | Lord Advocate of Scotland, took part. It ment, the object of which was to provide, was finally agreed to, and the House rethat after the death of the commissioners sumed. which should be first appointed to preside in the Jury Court (one of whom, for HOUSE OF LORDS. the sake of setting the machine going, it
Thursday, April 13. was intended should be English), all the
OVERTURE OF PEACE FROM BUONA. commissioners should be appointed from Parte'.) The Duke of Norfolk asked, among Scotch barristers. This arrange
wbether any formal overture from Napo, ment, he thought, would in a great mea.
leon Buonaparié, since his return to the sure remove the jealousy which was at
government of France, had been received present felt by persons in Scotland to
by his Majesty's ministers. wards this measure.
The Earl of Liverpool replied, that an Mr. Abercrombie disapproved of this love
overture had been received by his Maamendment. He paid a high compliment jesty's Government from the quarter alto the talents and fitness of the gentleman luded to, and that it had been transmitted whom he understood now to be appointed to Vienna. (Mr. Adam), and considered it as one of The Duke of Norfolk inauired, whether the most important parts of the Bill, that
the noble earl had any objection to lay a there should be some one commissioner at
copy of this overture before the House? least, well acquainted with the rules of
The Earl of Liverpool said, that it would evidence in this country, upon trials by be impossible, under present circumjury. He thought it too much to tie up
opstances, to disclose the terms of this over, the hands of the executive power from
ture. appointing any such person, in case of The Duke of Norfolk expressed a wish the death of the gentleman now appointed.
to know, whether it was in the contemplaMr. Horner supported the amendment.
tion of the noble secretary to communiHe thought that a mere English barrister
cate this overture to the House ? would be no more competent to try causes
The Earl of Liverpool stated, that it was according to the law of Scotland, than a
the intention of his Majesty's ministers fully barrister who had only practised in Scot
to inform the House in due time of any Jand, would be to sit at Guildhall and try
communication which mighe take place cases according to the law of England.
between the present Government of France He conceived that the law of evidence in
and the Government of this country. Scotland would be improved by the trial
The Marquis of Douglas asked, wheby jury; but it must be, after all, by the
ther ministers had made any and what Scotch law of evidence, and not by the
communication to the present ruler of English law, that those trials must be de
France, in consequence of this overture?. cided. If there was any attempt to trans
The Earl of Liverpool observed, that he plant at once the English law of evidence
had already stated, that the overture from into Scotland, he was sure that it would fail.
France had been transmitted to Vienna ;
adding, that no communication had been The Lord Advocate of Scotland cordially approved of the measure, and thought the
made by our Government to Buonaparté. amendment judiciously introduced.
The Marquis of Buckingham, adverting Mr. Croker also spoke in favour of the to the papers laid on the table respecting amendment, and fully acceded to the Genoa, in consequence of the address propriety of the commissioners in question voted before the recess, gave notice of his being confined to the Scotch bar. The intention to call the attention of the amendment was then agreed to, and the House to the subject of these papers on clause adopted. Several new clauses Tuesday se'nnight, and, if possible, to were then proposed, among wbich was persuade their lordships to accede to å
resolution grounded upon them. The America would be to enforce such de. Lords were ordered to be summoned on mands as were fair and moderate. No. this occasion.
thing could be more erroneous than that
policy which would turn America from MOTION RESPECTING THE NEGOCIATION views of internal improvement, of comFOR PEACE WITH AMERICA. Marquis merce, of civilization, and from that line Wellesley rose, pursuant to notice, to lay of pursuits which enabled us, with respect before their lordships the grounds of his to that country, to give full scope to those motion relative to the manner in which great principles of political economy by the late negociation with America had which the intercourse of the world would been conducted. The war with America be most beneficially regulated. It was he had considered as almost one of the the clear and manifest interest of both most calamitous events that could befall parties to cultivate that amicable connecthis country; and when that event did / tion resting on these solid principles which unhappily take place, we had at least one rendered the mutual advantage so iniconsolation, that the aggression which led portant. The effect of war was to turn to it was theirs and not ours; but we had them from these views of peace and inonly that one consolation. It was a war ternal improvement, to views of a far dif. in which little glory could be acquired ferent and less beneficial nature. A state by success, in which success itself must be of war would naturally lead that rising mixed with feelings which would embitter community to look to the formation of a any glory that could be derived from it, great military and even a naval power, to and in which the smallest defeat would be be turned against the parent from which attended with a disgrace infinitely dispro- that community issued. After a long portionate to the highest advantages that continued war, peace would leave us in a could be expected from such a contest. condition, with respect to that country, Engaged in such a war, what was the very different from that in which we beplain and clear course and policy to fore stood; for if America did become a be pursued by the Government of this great military power, she would mix hercountry? To be ready to seize every op- self with the disputes and arrangements of portunity to put an end to it,-- not to omit all the civilized world, and this country even the smallest occasion of bringing would find a rival springing up in that about an amicable discussion to allay that people whicb had issued from its bosom. feeling of irritation in which the war had The pursuits of commerce and peace, and originated. Even supposing the war had internal improvement, might be then but been attended with the greatest success secondary concerns; and the great object on our part, he could not conceive one would be to cultivate and establish a great object which Great Britain could have, / military and naval power to act even on except that of putting an end to it. Fatally our frontiers, as they had in fact done by deluded as ministers had been by the ap- their naval exertions on the lakes, about pearance of affairs in Europe, which in- wbich we had heard so much. This was duced them to change the ground which the view in which our ministers ought to they had originally taken, and to rest upon have considered the subject. The great a point which had never before been fundamental principle on which they brought into the discussion-for that such should have acted, was to turn America was the delusion under which they acted, from this fatal policy, as adverse to the he was convinced--the question now came real interests of America as to those of to be, what was the course which our mi- this country; and to neglect no opportunisters ought to have taken? They ought nity of bringing the fatal contest into not to have been deluded by the fatal which we had been unfortunately driven error that their success against one power to an amicable conclusion. He assured ought to be turned against another-by the noble earl (Liverpool) it would give the fatal error, that instead of immediately him great satisfaction if he could approve and magnanimously making use of that of the manner in which the ministers had success as the means of bringing about an carried on the war, or the principles upon amicable adjustment of differences with which they appeared to have conducted America, they ought to consider it as, a the negociation. It was not on this day ground of rising in their demands and that he need argue, that peace, merely as urging undue pretensions. The only use such, could not be considered as a subject of the greatest success in the case of or ground of solid satisfaction. It was the