he should propose to ascertain the state of this country, at the periods to which of the buildings in which the public re- they relate.But there was still one object cords are lodged, as to their security and beyond all these, upon which he could accommodation; with a view to have those not but entertain a sanguine hope; that public buildings repaired which may re- every new light thrown upon this subject quire it, and in some instances possibly would convince parliament at last of the to render other buildings public property, necessity and facility of establishing a which are at present inconveniently holden general registration of all instruments. by private tenure; but in no case to dis- affecting landed property. In Scotland turb any possession, or change the custody this system has already prevailed for ages, of any records, except perhaps in some with the happiest consequences to those very few instances of most evident right, who belong to that part of the united and upon the most cogent reasons of un- kingdom; in Ireland the same system has questionable utility. And, in the last obtained for near a century, with the same place, for the purpose of rendering the beneficial consequences; and in the two access to these repositories most complete, most populous districts of England, to call for an explanation of the state of namely, Middlesex and Yorkshire, where their catalogues and calendars, and also of the same plan has been established for the their establishments and regulations for same length of time, though upon a nars conducting searches, with a view on this rower scale, it has been found to add a head to provide more effectually for the distinct and specific value to the property security of the records themselves, at the which it secures; many recent events same time that the use of them might be have contributed to dissipate the preju rendered more convenient to his majesty's dices which once hung upon this question, subjects. From this course of proceed- and it now remains only by transcribing ing, beyond the execution of these par- one short and approved law to extend the ticular details, there were also other con- same benefits throughout the rest of Eng sequences likely to follow, and which land. This considered merely as an im ought not to be wholly unnoticed. The provement of our juridical system would very event of a parliamentary visitation be one of the greatest which could be would impress the officers of each depart-devised. But as a measure of state policy,'' ment with a stronger sense of their duty, knowing that their conduct, if meritorious, would not be unobserved, and that any culpable negligence might not escape animadversion; and this salutary impression would endure long after the event of this particular enquiry, because the period when a similar visitation might be expected to occur must always be indefinite. Another consequence which might probably follow, would be the discovery of many valuable monuments of the policy of our ancestors, which it might not be unprofitable to keep in view hereafter; and if the survey of this country, contained in the books of Domesday, has been always truly accounted a work of great public importance, it would be gratifying to the House to know that other surveys may be found, which were executed in the reign of Edward 1st, 2nd, and 3rd, (for some of them the honourable member had seen), which would be of infinitely greater value than Domesday itself, if they should be found complete, inasmuch as they come two or three centuries nearer to our own times, and contain more curious and comprehensive views of the civil and ecclesiastical state it was demonstrably clear, that whatever establishes security and good faith between man and man in transactions respecting landed property, tends to facilitate the reciprocal exchange and conversion of the landed and monied capital; and the giving to capital an increased activity, will necessarily increase its total amount. Nor was it altogether to be disregarded. as offering a new and reasonable source of revenue; for no man would have to pay for recording his title, without receiv ing at the same time a specific and corres sponding benefit, by the additional se curity given to his possession ; and the produce of such a revenue would be cons tinually rising with the multiplied popu lation and increasing prosperity of the h country.He concluded with stating, that although he had dwelt upon these latter topics, because they made part of his general view of the subject, it was not hist intention to propose any examination of what might be politic for the House to adopt, in respect of any new institution, or any extension of former systems, but only to ascertain the state of those al ready established. He therefore moved, That a Committee be appointed to en So then, as long as any other country retained Jacobinical principles, even though France renounced them, so long must Great Britain remain deprived of the Habeas Corpus act! This was the greatest insult that could be offered to the nation. Better give up the Habeas Corpus entirely! Was there any appearance of treason now in the country? And yet though nothing of a seditious nature had passed, this suspension was to be continued. Not one of the imprisoned persons had been brought to trial. And how many had been taken up since April 1799? Only one Irishman and one Swedish baron. He thought it peculiarly unjust, that persons should be kept for years in prison without being brought to trial, because proof sufficient could not be brought against them. The only reason why more people were not taken up was, because ministers were convinced that no conspiracy existed. Debate in the Commons on the Habeas Corpus Suspension Bill.] Feb. 13. The Attorney General (Sir John Mitford) rose to move for the renewal of the act to enable his majesty to secure and detain persons suspected of conspiring against his person and government; which act would expire on the 1st of March next. Since the last passing of the bill, the disposition of the country was not changed with regard to the machinations of those persons who were to be the objects of the bill; and therefore if the House thought it a fit and proper measure last year, they must think so now. The country might be in a state of greater safety than it was a year or two ago; but it was impossible to read the report of the committee of that House, published last year, without being convinced that there were persons in this country who would disturb the peace of it, if any opportunity presented itself. The peace of the country had been already preserved by the powers which this act vested in the hands of go-ject he must contend, that we were not vernment. Conceiving it necessary, therefore, to continue the same powers, he would move, "That leave be given to bring in a bill for further continuing, for a time to be limited, the said act." Mr. Jones conceived the loyalty of the country to be so great, as to render the bill unnecessary. He never would place unlimited power in the hands of ministers over the liberties and lives of the whole country. It would be better to repeal the Habeas Corpus act at once. Mr. Windham said, that the hon. gentleman had always opposed the suspension, and he would not be consistent with himself if he did not oppose it now. But the question was not what the hon. gentleman might do, but what the House should do upon this subject; and in the determination of that, another question arose, which was, whether any such change has taken place since the last suspension, as to require measures different from those which parliament has hitherto pursued, by way of general safety? Now upon that sub warranted in saying there was no symptoms remaining of the mischief which we formerly dreaded, and that therefore the Habeas Corpus act should not now be suspended; but he was very far from being sure, that such manner of reasoning was to be adopted, or that the reverse was not to be in some measurejtaken up, because the very cessation of the mischief proved, to a certain extent, the efficacy of the remedy, and therefore the non-appearance of the evil, instead of being a Mr. Buxton believed it was to the sus-reason for taking off the remedy, was a pension of that act that members owed the liberty of sitting there. The war was carried on against Jacobin principles, and as long as they continued in France, so long must it endure. Mr. Sheridan said, that at no time should he be easily persuaded to vote for this bill; and less than ever when the plea was, not the disaffection in this country, but the dangerous principles in another. reason for its continuance, otherwise the House must come to this sort of reason; "We will repeal the act, because we have found it to be efficacious." The case was, indeed, open to two ways of reasoning; for he believed that both were in a degree true. He believed that the quiet of the country was partly owing to this act, and he believed also that there was a change in the dispositions of some He did not mean to say, that the metropolis of Great Britain had ever been ex Sir Francis Burdett said, that ministers seemed to pass this bill, as a matter of course, without assigning the reasons that induced them to have recourse to such a measure. The general reason of Jacobin principles-principles, not even yet defined parts of the country. The numbers of the disaffected he took to be altered, because the state of the stock which supposed to the same danger; nor that these ported disaffection was higher at some considerations made up the strongest rea times than at others, like the state of stock sons for the continuance of the suspenin another country; but he had no doubt, sion; but he did say these were some that if Buonaparte were to be successful, reasons for it. The number of disaffected in reviving, to its utmost height, the pride persons was not so great as it had been; and confidence of French power, the spirit but he did not believe the disposition of which accompanied it before would ap- the disaffected to all establishments in the pear again; and he thought it would be world was altered; he believed it was in quite childish in the House to suffer itself full vigour still, and therefore he hoped to be misled in this way. He believed that this bill would be continued. indeed that Jacobinism was on the decline, nor did he apprehend the principles of the rights of man to be so popular as they had been; but he hoped the House would not be off its guard; by thinking that all danger was at an end; for many of these things disappeared for the purpose of giving them more effect when they should appear again. Here the disaffected stood upon the badness of their own character, by saying, "We are so degraded that nobody will give us credit, and therefore it is quite unnecessary to make any provision against us." He hoped, however, the House would not act upon any confidence of this kind. The smallness of the number of Jacobins in this country arose, in a great measure, from the discretion of these persons; for they felt that by the act they were subject to punishment, and therefore they were silent. Beside this, it took away the power of those men, whom nothing but the want of power would render harmless. He knew of a man who was put upon his trial, and on which the jury (for proper reasons no doubt) acquitted him; but he would not be so childish as to say, that he was tied down by that decision of the jury (though acquitted rightly and properly, perhaps, from a defect of evidence, accidentally happening, or otherwise) from saying that he might still be of opinion he was really guilty, and he would therefore wish to put such a person in a situation in which it would not be in his power to do any more mischief. Besides, every thing being quiet at this moment, was no proof that there was no plot in existence. What was the case in Ireland? A plot was discovered by information of an accomplice, and other means, which if it had not, within twenty-four hours the capital might have been in ashes and streaming in blood--it was a plot that was discovered at once, as by lemon juice hidden characters are rendered legible. furnished them hitherto with pretexts for depriving the subject of one of his most estimable privileges. This reason he was inclined to think, was done away, and he wished to know upon what grounds they were now to proceed. He was at a loss to comprehend what was meant by Jacobin principles being on the decline in this country, unless they meant the prin ciples of liberty. The secretary at war, had asked, Was there nothing to dread from the contagion of French principles, and the mischiefs which they almost every where produce? He in return would ask, Was there nothing to dread from breaking down the barriers of the constitution, erecting of barracks throughout the kingdom, perverting the purposes of the militia, and perpetually passing the suspension of this act, which secured to the subject his freedom? He had not language to express what he felt at the repeated suspension of the Habeas Cor pus. If any part of our constitution was preferable to another, it was this act; which when removed, left very little dif ference between one government and an, other. Was not two years imprisonment sufficient for those unhappy persons who were in confinement; and did not their detention from justice argue a fear in ministers to bring them to trial? He said their innocence, was the cause of their de tention, and in proof of that he asked to have them brought to trial. To whom was the power to be given which this bill called for? To those who had already abused it. To those who, upon illegal warrants, upon the warrants of clerks in offices, powers not known to the constitu tion were passed into the hands of Bow 1 کو street ruffians, who, under their authority throughout Europe, and had produced went down to Manchester, and dragged such mighty mischiefs, and that the hon. from their own houses, at night, and baronet should profess his ignorance of amidst the cries of their families, the them, gifted as he was with considerable masters of those families, hand-cuffed and talents, and considerable powers of eloloaded with irons, to Clerkenwell prison, quence, he considered as a grave and sewhere they were lodged, under torture of rious caution to gentlemen, lest they mind and body. When out of their should be imposed on as the hon. baronet hands, they applied to the humanity of certainly was, when he confessed that the the gaoler for relief, in consequence of only conjecture he could make of those the swellings of their legs, occasioned by principles was, that they were principles the treatment of these savages. What of liberty; when the hon. baronet knew, would the father of the chancellor of the as he certainly must know, that by those exchequer have said on the recital of principles the governments of Europe had such oppression? Would he not have been overthrown: that by those principles said, that the cottage of the peasant was aided by the sword, and the sword edged as sacred as the palace of the prince? in turn by those principles, not only the That, though humbly thatched it was se- governments that were free, but even the eure, and the king could not lay a finger strongest despotisms, had been attacked on it? Yet this asylum was violated. If and shaken; for on them the storm had that illustrious character were now alive, most heavily fallen. Yet after all this the thunder of his eloquence would shake waste and desolation, this country was safe. the House about their ears, and the ave The hon. baronet was of opinion, that there nues would be crouded with auditors im- was no security in the country, because it patient for the decision. He would raise had resisted what he called principles a storm from which the members would of freedom. What the operation of those be glad to hide their heads, and hasten to principles were, all could judge. What their homes. But he (Sir Francis) was his right hon. friend had said, was, not so inexperienced as not to know the that the great mass was infected in this character of that House ;-he knew it was country, for they were sound; but that power, not language: and that majorities factions still remained, who were looking in that House did not depend upon rea round for a wide range for their ambition, soning [The Speaker here interposed, and who, on invitation, were ready to suggesting the impropriety of the expres- ruin their country. The events on the sion], Sir Francis resumed his speech, continent furnished to such factions hopes in reference to the conduct of the Attor- and views for their ambitious projects. ney General, and said, he did not forget For these two or three years there was his predecessor (sir J. Scott) in that sta- nothing in France that could either ention. He had passed to power through courage or prompt ambition. But now the gradations of similar services to those there was the example of one man, for the the present directed his attention to, and first time risen to the height of power. In was now on the way to the first high sta- former attempts all who had enterprised tion in the kingdom. Sir Francis said he for eminence, or intrigued for power, had would yet do his utmost to stop that sys-been indiscriminately swept off to the tem of tyranny and corruption which fastened on the country; and though there was much cause to complain of the 8,000 prisoners delivered up on the failure of the late expedition, yet he did not complain so much of the surrender of these men, as he did of those who were illegally, unjustly, and cruelly confined. Mr. Canning said, that if any gentleman could bring himself to think that Jacobin principles had ceased to produce their mischievous effects, or could imagine for a moment that they were shamed or run down in this country, the hon. baronet's speech would remove the delusion. That those principles had raged not scaffold. If ever there was an excuse for ambition it was now. The Jacobin principles had gained an ascendant in the present usurper. Had Buonaparté renounced the conduct and crimes of his predecessors? Certainly not. So far was he from dismissing the accomplices of those crimes, that he kept them about his person. Though a military despot, he was a Jacobin in his heart. In him Jacobin principles have a certain pledge for all the mischiefs they can produce.An hon. gentleman had put a question on the conduct of foreign princes towards their subjects, and had asked, whether in case of their misconduct, we should impute a similar attempt to our monarch at home? | justice; and he thought that such gentle men, if they did not confess their being imposed on, should at least refrain from the discussion. There was another fallacy that he wished to correct, which was, that when yon take away the Habeas Corpus act you take away all. This was not true. Many valuable rights remained. The liberty of the press remained, and even to a degree of licentiousness. The liberty of speech also remained. If the liberty of the subject was dammed up one YEAS NOES Tellers. Mr. Mr. Canning Mr. Buxton JMr. Sheridan Sir Francis Burdett 69€ 9 He had no objection to this question, had Feb. 19. On the order of the day for the second reading of the bill, Mr. Wilberforce said, that ministers were entitled to confidence, unless there appeared from their confidence and character reasons for refusing it. Parliament would also consider whether the persons who opposed this bill might not be imposed on, and whether they had not, under such imposition, been led solemnly to attest upon oath the characters of persons who were afterwards convicted of crimes from which they had escaped. This testimony had been given solemnly in a court of Mr. Jolliffe said, he had great objection to the renewal of this act. At any rate it ought first to expire, were it only for a day, rather than that it should be renewed year after year, like the Mutiny or Land tax bill, as a matter of course, and thus become a part of the constitution. Pa Mr. H. Lascelles considered it neces sary that the hands of government should be strengthened. To such measures as the present he attributed the general tranquillity, notwithstanding the efforts used to disturb all civilized order.' He saw no reason why the generality of the people, who were well affected, should not be protected from the disaffected. It might as well be argued, that because the generality of the people were honest, there should be no law against robbers. Mr. Hobhouse pointed out the incon sistency of ministers in the arguments urged in support of this bill. Upon appearance of danger, the liberties of the subject must be suspended; upon disap pearance of the perif, the same arbitrary powers must be placed in the hands of ministers; and thus, whether the state were, or were not, exposed to risk, an individual might be committed under a wais rant from the privy council, or secretary of state, and denied the privilege of del manding his trial within a given time. Farewell then, an eternal farewell, to the blessings of that great charter of our per sonal freedom, the Habeas Corpus act! Traitors, but for this measure, it was said, would no longer lurk in hiding places, |