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and a regard to the general benefit of Europe, to fulfil with fidelity the sacred obligation which we had contracted, to prevent the opening of the Scheldt against the will of Holland. The noble marquis had thought proper also to make many observations respecting Prussia and Austria. What steps those two powers would deem it prudent to pursue, was not for any one but themselves to say; no doubt but they would be governed in the adoption of measures by a due regard to their own honour and safety, and the general security of Europe. With respect to the French refugees who were the subject of the second resolution, he had to observe, that it was the peculiar distinction of England, that when they were driven from almost every other country in Europe, they had found an asylum here, and experienced the generosity and hospitality which were the pride and characteristics of Englishmen. He would never consent to forego that proud distinction, by sending an ambassador to France, to ask leave for England to be charitable and humane. He would not ask her leave for England to bestow upon these unfortunate men whatever, in their liberality, Englishmen should be disposed to give them. It would be a degrading step to England to send a minister for such purposes. The dignity of the country would be sullied if either of the measures proposed by the noble marquis were adopted, and therefore he was determined to give his negative to both.

the noble marquis had been in framing it, he had contrived to make it amount, at least by implication, to a recognition of the government at present subsisting in that country. He, for one, would never consent that England should be the first nation in Europe to recognise a government so created, so established, and so constituted. The noble marquis had said, that his object in making this motion was to try, if possible, to avert the dreadful fate hanging over an unfortunate prince; and that he hoped it might be accomplished, when it should be known in France, that the English nation unanimously wished that so foul a stain as the execution of that virtuous monarch should not disgrace human nature. If it was possible that the opinion of England on this point should have such weight on the present rulers in France as to make them, through respect for it, spare the life of a prince which they cannot destroy but in contempt of justice and humanity, that opinion was already known in Paris: it was well known there, that it was the opinion of every man of every station in Great Britain, and consequently there was not the least necessity for sending an ambassador to that city for the purpose of making known that sentiment of which no man in France was ignorant.-The noble marquis had communicated to the House an article of intelligence, of no small importance in the present state of public affairs, namely, that by a letter from Holland he had been informed that the Dutch did not consider the exclusive navigation of the Scheldt as a matter of sufficient consequence to warrant them in hazarding a war to maintain it; and that they had therefore resolved not to oppose the navigation of that river. It was not for him to say what foundation the correspondent of the noble marquis had for sending him such information; all he could say was, that he, one of his majesty's ministers, had received no such intelligence, and was a stranger to any such determination on the part of the Dutch. As little was it for him to look back a hundred years to consider whether it was sound policy to allow Holland the exclusive navigation of the Scheldt, or whether it was useful to her; all he had to consider was, that by a specific treaty she had reserved it to herself: that by a specific treaty we were pledged to guarantee it to her; and that should she call upon us for a specific performance of our engagements, we were bound by honour, good faith,

The Duke of Norfolk admitted that there was ground for some of the objections urged by the noble secretary of state to the wording of the resolution. He thought, however, that if the substance should be deemed unobjectionable, the wording might be so altered, as to insure a general concurrence in favour of the measure proposed by the noble marquis. He felt that it was not decent that the unfortunate prince in question should be styled simply Louis 16th, but this difficulty might be easily removed either by the insertion of the words "the most Christian king" before the name, or by entering on the Journals a declaration that it was through compassion for the state of the most Christian king, that the resolution had been carried. The noble secretary of state had asked to whom an ambassador should address himself in France, and where he should find the persons on whom the fate of Louis 16th

and laudable, every means ought to be taken, and every person negociated with, that could obtain that end. As to the national convention, and those who composed it, he did not know that they were such characters as they had been called; he could not believe so, and as a gentleman and a foreigner he would not say so. Many of their decrees he deprecated, but many traits of nobleness of sentiment and character had appeared in their proceedings.

The Duke of Norfolk, perceiving by the disposition of the House, that the motion was likely to be rejected, requested that the noble marquis would rather consent to withdraw it, than run the risk of having it negatived. The consequence of its being negatived might be fatal to the unfortunate monarch whom they all wished to save.

actually depended? The answer was pretty obvious; every one knew there was in Paris a minister for foreign affairs, to whom our ambassador would of course address himself, and who would communicate his dispatches and conferences to the executive council, or, if necessary, to the convention. His grace was of opinion, that a direct communication with the people in power in France might be productive of the most happy conse. quences: our ambassador might be able to press upon them, how injurious had been to England the precedent on which France seemed at present to be acting; what calamities it had brought upon her; and how soon she had been obliged to restore monarchy in order to put an end to anarchy at home. Reasoning by analogy, he might show that France would not only do a humane and a just act, in sparing the unfortunate king's life, but that it would be her interest to do it. Such a mode of proceeding could not hurt the pride or independence of France on one hand, or sink the dig-ed to withdraw the motion. He then nity of England on the other; for as our ambassador would have nothing to ask for his own country, it would appear that his mission could have no other object than that of humanity; and there was reason to hope that so disinterested and so honourable an embassy, would be produc-ingly negatived. tive of that happy issue which every man in the nation most earnestly wished for.

The Marquis of Lansdown, in the full confidence that ministers would somehow or other make known to France the wishes of the House on this head, consent

moved his second resolution relative to the French emigrants. It was opposed by lord Loughborough, on the principle of its being impracticable: and by the duke of Norfolk, as interfering with the internal government of France. It was accord

Debate in the Lords on the Alien Bill.] The Alien Bill was read a second time.

The Marquis of Lansdown did not expect to have heard so much, and in such Lord Grenville then moved, that it be lofty terms, of the dignity of this coun- committed to-morrow. His lordship said, try, and refusing to treat with other that as the measures which the bill propopowers. The present instance recalled sed to enact, were rather of a novel nature, to his memory the proceedings of this the house would probably require some country previous to the American war. reasons from him to justify it. The law, The same abusive and degrading terms he said, had always made a marked diswere applied to the Americans that were tinction between natural-born subjects and now used to the national convention-aliens; of the former the king was consithe same consequences might follow. As to Great Britain letting herself down by negociating with France, he could not see how such an expression applied, when we were asking nothing for ourselves by that negociation, nor supplicating them but for their own benefit. This opinion of dignity put him in mind of the old story of the Spanish grandee, who dismissed his servant because he touched him to save him from falling. As to the question of, Whom are we to negociate with? he thought it was of no consequence with whom, for if the end proposed by sending an ambassador was good

dered as the father; of the latter only the protector. The former owed a constant, the latter only a local and transitory allegiance to the crown, and, on this account, the situation of both was, in the eye of the law, extremely different. It appeared to be part of the prerogative of the crown to forbid foreigners to enter or reside within the realm. This might be collected from Magna Charta, in which it was stated, that foreign merchants should be allowed by the king to come into, and reside in England. This stipulation of so remote antiquity in favour of trade was the more honourable to our ancestors, as they had

caused it to be inserted in the same charter which recognized and secured their own liberty. It was not to be doubted, that the crown possessed all the power with which this bill was to invest it; but it had been so seldom exercised, that doubt might exist about the means of exercising it at present; and it was not fit that in cases in which the safety of the country might be at stake, any doubts should be suffered to exist, by which that safety might be, in the smallest degree, endangered. His lordship repeated the observation which he had made in a former speech, that after almost all the other countries of Europe had, for various reasons, refused to afford the French refugees an asylum, they had found one in England. He had on this subject three questions to ask-would their lordships remove from that asylum those who had already found it? would they shut their doors against other unfortunate men, who might still come to seek refuge among them? would they suffer them, when here, to be precisely on the same footing with natural-born subjects of the king, with respect to privileges and rights? to the two first questions he was sure their lordships were prepared to give answers, and to say that the unfortunate foreigners already here, and those who might come after them, should not be disappointed in their hope of finding an asylum among them. With respect to the third question, they would certainly pause. The safety of the state was not to be sacrificed to hospitality; and whatever was necessary to that safety, was not to be blamed. Amongst the foreigners at present in England there were no doubt some of the most respectable and venerable characters, such as every well regulated society would be glad to receive into its bosom; but there were others of a very different description; some there had been, and some might still be here, who had signalized themselves in the commission of those atrocious murders, which could not be so much as mentioned without creating horror in every mind. These men were the more dangerous, as they felt all the influence of that fanaticism and of those principles, which made them think that they were earning for themselves the honour of being entitled to a place among the most renowned heroes of the world, by doing acts which placed them on a level with those monsters who had disgraced human nature. By whom paid, by whom they had been

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sent into England, and for what purpose, it was not difficult to conjecture. He did not mean to include indiscriminately the whole French nation in the class of mur derers. God forbid that he should entertain so shocking an opinion of so considerable a portion of mankind as twentyfour millions of people. But this he might say, that when anarchy was substituted in the room of government in France, some men of the most abominable principles, had, in different parts of that country, worked themselves into situations of power, which they had abused to the eter nal disgrace of humanity. People of that kind had been sent to England in the hope that they might be able to raise an insurrection, and overthrow the government. He then explained the several enacting clauses of the bill-that an account and description shall be taken at the several ports of all foreigners arriving in the king. dom; that foreigners shall not bring with them arms or ammunition; that they shall not depart from the place in which they first arrive, without a passport from the chief magistrate, or two justices of the peace, specifying the place they are going to; that on altering a passport, or obtaining it under a false name, they shall be banished the realm, and if they return, be transported for life; that the secretary of state may give any suspected alien in charge to one of his majesty's messengers, to be by him conducted out of the realm; that his majesty by proclamation, order in council, or sign manual, may direct all aliens who have arrived since January, 1792, other than merchants, and their menial servants, to reside in such districts as he shall think necessary for the public secu rity; that such aliens shall give an account of their name and places of residence to the chief magistrate, or justice of the town or place; that they shall, within a limited time, give an account of all arms and ammunition in their possession, or kept by others for their use, and deliver up the same, except such as shall obtain a licence from the secretary of state. The act to continue in force until the 1st of January 1794, and from that time to the end of the then next session of parliament, and no longer.

The Duke of Portland approved of the bill, because he thought some measure of this sort necessary to quiet the alarm that had been excited in the minds of the people. It was not on account of any per sonal attachment to the present adminis

tration that he supported it. He could | bill was without a precedent; but then it not forget the manner in which they came must be admitted to him, that the case into power; he could not forget the many was equally novel and unprecedented in circumstances in their conduct by which, the annals of this or any other country. in his opinion, they had forfeited all title As to the objection made by the noble to the confidence of the nation. He could marquis, that evidence of the danger not forget that to their misconduct many ought to be laid upon the table, he would of our present difficulties were owing. It not allow it to be well founded, for the was not in order to court popularity that production of evidence might defeat in a he now came forward, but because he great measure the good expected from thought the bill would restore security the bill. and quiet to the minds of the people; and therefore it should have his hearty con

currence.

The Duke of Leeds said, that the bill had his most hearty concurrence. He lamented as much as any man, the melancholy situation of the royal family of France, and he pitied the distresses of the refugees; but still he would always be so much of an Englishman, as to be. lieve it unlikely that a Frenchman should be a friend to England. He would make them experience all the warmth of British hospitality; but still he would look upon them with an eye of jealousy, and take care that they attempted nothing against the safety of this country.

Lord Stormont said, the bill was no more than a measure of self-defence. The disposition of those who exercised power in France might be learned from their own authentic acts. They formerly re

The Earl of Lauderdale said, that before such a measure was proposed, their lordships might have expected proofs of the danger to be laid on their table. On the mere assertion of ministers, however, he was ready to concur in the principle of the measure, agreeing with the noble duke, that an alarm having been excited in the minds of the people, no matter whether well or ill founded, great attention was due to quieting that alarm. To the clauses of the bill he had many objections, which he should state in the committee. The first description of emigrants mentioned by the noble lord were entitled to our utmost compassion, and even delicacy. Driven from other coun-nounced conquests, but they also detries, they had come to this in hopes of being able to live in inoffensive retirement, and keep their names, their rank, and their misfortunes unknown to the world, till their native country should deem it safe to receive them. To oblige such persons to give a minute account of what they might have innocent, nay, laudable motives for wishing to conceal, would be in itself a great hardship.

The Marquis of Lansdown considered the bill as a suspension of the Habeas Corpus act, which, though it extended at first only to foreigners, would, he feared, be afterwards extended to all Englishmen. Such a measure as this was without a precedent, and evidence ought to have been laid upon the table to prove the existence of such a danger as would justify the remedy. At present the House had nothing to go upon but the bare assertion of the noble secretary of state; and in a case where the liberty of great numbers of persons would be placed at the mercy of the crown, it did not become the House to give their confidence to ministers merely on the credit of their own assertions.

Lord Hawkesbury admitted that the +

clared war against all kings. Under all the circumstances, there was cause for alarm. He should have thought the danger great had ministers been blind to it; but as they had seen it, and taken measures to prevent it, his alarm ceased.

The bill was ordered to be committed to morrow.

Dec. 22. Saturday. The order of the day being read for going into a committee on the Alien Bill,

Earl Spencer, in declaring that the bill met with his hearty concurrence and support, trusted, that noble lords with whom he had been in the habit of voting, would not impute his secession on this occasion to a dereliction of principle, or to a diminution of the respect he had for their virtues and abilities, but to a conviction, that the present awful and unprecedented crisis of affairs required extraordinary measures to allay the discontents of the people, and to counteract the machinations of our enemies. For these salutary purposes, he was of opinion that this bill was peculiarly adapted. He reminded ministers of the power it vested in them, and cautioned them against an abuse of

that confidence which the nation reposed in them. While they were called upon to act with firmness and energy, they were equally called upon to act with temper and moderation.

Lord Grenville complimented the noble earl on his candour, and assured the House, that ministers were actuated solely by a sense of public duty in adopting this extraordinary measure.

The bill then went through the committee, in which several alterations were made.

Dec. 26. Lord Hawkesbury, in the absence of lord Grenville, moved the order of the day for the third reading of the Alien Bill.

The Earl of Guilford * said, their lordships might ask, why he opposed the third reading of a bill, to the principle of which he had not objected when it was read a second time? He had expected, that in the progress of the bill through the House, proofs of the necessity that called for it would be adduced. Long and habitual deference to the opinion of the noble duke who, when the grounds of the bill were opened, declared that he thought some such measure necessary, had induced him to acquiesce in that opinion, hoping that the bill would be so modified as to remove the most material part of his objections. In that hope he had been disappointed. He did not wish, that the bill should be rejected. He desired only that their lordships would take time to inquire into the causes alleged for so strong a measure, and endeavour to remove from it whatever should be found more rigorous than the occasion demanded. It was the boast of our constitution, that, to every man living under it, it extended the equal protection of the law. For violating this justly-boasted principle, they had as yet nothing of proof, nothing but ambiguous insinuations. It might have been expected, that of the insurrections alleged at the opening of the session, for assembling parliament in an extraordinary manner, some at least would have been proved to exist. Their lordships had been able to discover none; and of none had they yet been furnished with any thing that deserved the name of information. Was it consistent with their lordships dignity or justice to proceed on such un

* George Augustus North, third earl of Guilford.

[VOL. XXX. ]

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explained, unsupported insinuations of danger, to deprive men who had thrown themselves on the hospitality of the country, of the ordinary protection of the law. He had the utmost respect for the veracity of the noble lord who opened the grounds of the bill; but it would be a dangerous precedent, indeed, for their lordships to take the individual veracity of any one of his majesty's ministers as a sufficient foundation for a public measure. What were their lordships going to do? On the mere pretence that there were foreign emissaries in this country, for the purpose of disseminating Jacobin principles-principles which he, for one, should never admit to have any connexion with republican principles; for robbery and murder, and every doctrine that led to them, republicans disclaimed-they were going to deliver up men who had sought refuge from persecution and oppression, to the sole discretion of the executive power. But the humanity of ministers, it was said, would be their protection. He would never consent to deliver up one man to the humanity of another. One of the extraordinary penalties of the bill was banishment. Would their lordships banish men who had been forced from their own country, and whom they were told no other country would receive? Where were these exiles to look for refuge? In Brabant they could not be safe. Were we sure that Holland would be more liberal than most of the other powers of Europe? The cruel imprisonment of La Fayette would warn them against approaching any country occupied by a German army. But it might be said, let them comply with the regulations of the bill, and then they would escape the penalty of banishment. Was the case so? Did not ministers, by the bill, reserve to themselves the power ef sending any alien out of the kingdom, whom they might think fit to suspect? Such persons they were to send away in a manner suitable to their rank. Who were to be the judges of this, as well as of the suspicion in which they were so removed? Ministers or their agents. Their lordships had no security but in their moderation, and ought to take care that the country was not disgraced by the inhospitable transportation of persons who had thrown themselves on our hospitality. Ministers, it would be said, were responsible for their conduct, Responsible, indeed, in their characters and reputation; [M]

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