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Mr. Hume did not speak of a commission in existence now, but of a commission in existence at the time when the arrest took place.

Sir H. Hardinge said, he was astonished that the hon. member should, after the luminous explanation of his noble friend, after his unequivocal statement, that such a commission did exist, reiterate his question. It was little less than doubting the veracity of the noble lord.

Mr. Hume was of opinion that the noble lord's answer was evasive. It did not directly meet his question, which related to a commission not of the present day, but issued some years ago.

Sir H. Hardinge said, it was impossible | the facts to the House. To those facts for any military man to sit silent under I refer, and I will not add one syllable such an imputation as had been cast on the whole army by the hon. member. If they remained silent, then, indeed, they might deserve to be considered as slaves. Fortunately, however, observations of this nature, coming from the hon. member, were perfectly harmless. Colonel Arthur, under the circumstances stated by his noble friend, had an undoubted claim to the situation of commandant; and if lieut.colonel Bradley had entertained any doubt on the subject, he ought to have waited until his reference to England, with respect to the assumption of colonel Arthur, | had been answered. But lieut.-colonel Bradley said, no, I will at once depose you, and take this authority on myself." This was unquestionably a disobedience of discipline, that could not be palliated. He, at the same time, admitted, that col. Arthur had acted with less leniency than he ought to have done; because he kept lieut.-colonel Bradley too long under arrest; and a court of law, in consequence of that circumstance, had most properly given a verdict in favour of the complaining party. This had, however, nothing to do with the main question. Half-pay officers on the staff, under the circumstances stated by his noble friend, had a right to exercise the same authority which colonel Arthur had assumed.

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Mr. Hume rose and said, he would rest the whole business on this question "Did colonel Arthur, when he placed lieut.-colonel Bradley under arrest, possess any authority from general Fuller, which justified him in adopting that measure?" [Lord Palmerston, "Yes."] He wished to know whether the noble lord would admit the letters of colonel Arthur, in which he allowed that he did not possess such a power, to be received as a proof that the statement on this point was not false. Would he allow those letters to be received in contradiction to the charge of falsehood? Colonel Bradley did not, as had been asserted, act precipitately. For three successive months he demanded to know what commission colonel Arthur held, and from whence it had been received; but he could procure no satisfaction. He now asked, what authority general Fuller had to supersede the king's commission, which was in the hands of colonel Bradley?

Lord Palmerston.-I have already stated

Lord Palmerston said, it was impossible for him to be answerable for the extreme obtuseness of understanding possessed by the hon. member. He would venture to say that no other man in the House entertained any doubts as to the clearness of the explanation which he had given. He had stated not only on the present occasion, but in the last session, that there was such a commission; but, beyond that, he had then read the paper which he now held in his hand; namely, a letter from colonel Arthur, of the date of 1820, in which he quoted this disputed commission, as his reason for exercising the authority which he had assumed in 1814. The commission was in existence in 1814, as appeared from that letter; and if the hon. gentleman's intellects were so deeply obtuse, as to require these numerous repetitions and explanations-repetitions and explanations more numerous even than those in which the hon. gentleman was in the habit of indulging if it were necessary by these means to soak into his understanding, as it were, the comprehension of the most simple fact, he must leave the hon. gentleman to that impenetrable darkness which dwelt within the interior of his brain, and leave his statements to the judgment of other gentlemen whom he had the honour of addressing. It was a matter of indifference to him whether the hon. gentleman understood him or not. He addressed himself to the House of Commons, not to the hon. member for Aberdeen [hear, hear].

Mr. Hume said, he had been long enough a member of that House to know, that an angry tone was not an answer. An at

not a pleasant thing for a military man to
be told, because he did not agree to the
wild theories-he might say, absurdities-
which were put forth by the hon. gentle-
man, that the officers of the army were
all slaves. He felt that he was justified
in the language which he had used; and
if the hon. gentleman, or any other per-
son, made the same assertion, he would
have no hesitation in using the same lan-
guage, because he thought that such an
assertion deserved it.

Mr. Hume.-If individuals in the king's service are to be deprived of their situations without the decision of a courtmartial or inquiry of any kind, then, I say, that under such circumstances, every officer in the army is a slave. That was my observation.

Sir H. Hardinge.-The " if's" of the hon. member render his statements very harmless.

Indemnity Bill-Oats Importation. tempt to abuse could not give satisfaction to any beyond the few who thought proper to encourage it. If he was obtuse in his understanding, it was his misfortune, not his fault; and perhaps he devoted as much of his time as the noble lord, to get rid of that mental darkness with which he had been accused. If he could not understand, or see through, the lucidity of the noble lord's statements, he regretted it. But he would ask, what his obduracy, his obstinacy, his obtuseness, his ignorance, his stupidity-the noble lord might call it what he would-had to do with the case of the petitioner? Surely the petitioner ought not to be visited with his imperfections! But, he again asked, was what the noble lord said with respect to him any answer to the claim of justice? He had no hesitation in saying, that the documents would bear him out in his view of the case. He would take some trouble, now that the noble lord had come to the specific point, to produce colonel Arthur's letter; and if it did not directly negative the noble lord's statement, he would admit it to be inferred, that he was so obtuse, so stupid, so dark in intellect, as not to understand the meaning of the plainest words. He received the abuse which had been directed against him, as others would do, with utter contempt. It would not forward the object which the parties had in view. It would not alter the circumstances of the case; cheered as it might be by the gallant officer who sat behind the noble lord. His advice would be, that they should keep to temperate language on all occasions. If he ever exceeded the proper bound he regretted it. It was the effect of a momentary impulse. But he could safely say, that he never came down to the House with the deliberate intention of attacking any person. He left, without any regret, to the noble lord and his friends, any feeling of triumph which they might indulge in on this occasion. For his own part, he rested himself on the good sense of the House.

Sir H. Hardinge observed, that those who threw stones first, had no right to complain if stones were flung at them in return. The hon. member had used an expression towards the army at large, to which he had deemed it his duty to reply; but he had not come down to the House for the purpose of speaking on this question; nor was he aware that it would come under discussion. Certainly it was

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importation of oats, peas, rye, and barley, into this country, under certain restrictions, at a time when by law they could not have been admitted. Their lordships were aware that the importation of all grain depended upon the averages struck on the six weeks from the four periods of the year; namely, from the 15th of August, the 15th of November, the 15th of February, and the 15th of May. According to the averages struck on the 15th of August last, oats and the other species of grain could not by law be imported. The average price at which the grain in question could be imported was 27s., and being so, their lordships would perceive, that, according to the construction of the law to which he alluded, grain could not be admitted into this country for home consumption until it reached that price. The consequence was, that up to the 15th of November no oats could be imported. The state of the harvest, with respect to corn, was known early, on account of the véry early season. It was reported to be partially deficient in some places, but the deficiency of oats was reported to be universal. With respect to Ireland, the crop of oats was very bad; which formed, in the northern parts of that country, the chief subsistence of the poor. At the same time there was every reason to apprehend that the scanty crop of that food, on which the lower orders in Ireland subsisted, would be still further diminished by importation into England, to supply the deficiency of the harvest in this country. In the northern parts of Scotland the crop was also deficient. A similar deficiency was experienced in Lancashire and Lincolnshire. With respect to the hay-harvest, that was, unfortunately, also very scanty; and the farmer looked with anxiety for the means of procuring fodder for his cattle. Thus the admission of foreign produce into this country furnished an additional supply to the English farmer of food for his cattle. Under all these circumstances, his majesty was advised to issue an Order in Council, to allow the importation of oats for home consumption under certain regulations. Importation of foreign grain was permitted, on the condition that the importer should give his bond for the payment of a certain duty, in the event of parliament approving of that duty; but unless parliament should approve of it, the obligation of paying any thing would cease, as that obligation depended on the consent of parliament,

therefore not one shilling would be paid without the approval of parliament. The question now was, what was the duty to be imposed by this act? That duty was one of 28. He should now state to their lordships two objections which might be raised against that duty. One objection was, that it was too low, and the other, that it was too high a duty; and, in order to meet both these objections, he would state what were the duties under the existing act. Under that act the importation of oats was prohibited until the average price was above 27s. If the average price should be above 27s. and below 28s., a duty of 4s. per quarter was imposed; besides which, there was an additional duty of 2s., which the importer was obliged to pay for three months from the 15th of November, making upon the whole, a duty of 6s. per quarter. This was the operation of the act of 1822, which was the act on which the Corn-laws now depended. If, on the other hand, the average price was above 28s. and under 30s., the importer was to pay 2s. per quarter, and also 2s. additional duty, from the 15th of November to the 15th of February, thus making a total duty of 4s. Therefore, it was wrong to contend, that a higher duty was imposed on the importer than he ought to have paid. It was asserted, that there had been so large an importation, in consequence of the low duty, that the supply exceeded the demand; in other words, that the supply was so great as to be injurious to the market. However, instead of the importation being prejudicial to the market, he would assert, that the only question was, whether the present market price was not higher than it would have been, had the Corn-laws been left to their regular course of operation. He therefore considered that a duty of 2s. was not too low a one. That it was too high a one was asserted. Now, the average prices on the 15th of November being below 30s., the foreign importers would have been obliged to pay 4s. per quarter; and it could, therefore, be no hardship to them to come under an obligation to pay 2s. In conclusion, he would observe, that the power of admitting grain when prohibited by law was one which ought not to be exercised but on occasions of necessity; and such necessity, he conceived, had occurred, and justified the issuing of the Order in Council.

The Earl of Lauderdale was desirous

that he might not be understood as joining | but the consequence of issuing that Order in the panegyrics which had been lavished was, that many merchants who had sent on this Order in Council. In arguing the abroad for oats, found that they had to present question with the noble lord, he pay 2s. more for them than they expected. was sure they should not differ about the All that ministers did by this measure was grounds on which the Order in Council to inform those who held grain in foreign had been issued, nor the law of the land countries of the deficiency. He certainly as regarded importation. The noble lord did not intend to object to this bill of inhad stated, that the only ground his demnity, because he was sensible that majesty's ministers took for issuing the ministers meant well in issuing the Order Order in Council was necessity, This in Council; but he could not help saying, was very proper; but their lordships would that the only effect of their measure had recollect what had passed in the last ses- been, to make the merchants pay a higher sion, when it was proposed to sanction the price for the grain they purchased, and importation of 500,000 quarters of wheat. consequently to check their importations. On that occasion he had said, why grant The Order in Council could operate in any such extraordinary power? He had no other way than that of giving to contended, that it was in the power of foreign merchants that information in a ministers to admit any quantity they thought prompt and an authentic form, which would fit, provided the necessity of the case otherwise have come to them in a slow and justified the opening of the ports; and he uncertain manner. He would contend, had further argued, that limiting the im- that the rate of duty fixed by the Order in portation to 500,000 quarters might appear Council was entirely too high. In fact, at to be limiting the power of the government 27s. no duty at all should have been imto that quantity; whereas ministers might, posed upon oats, and were he an importer on their own responsibility, have admitted of that article he would resist the payment, grain to any extent. But it was stated, and see what a court of justice would do that ministers knew that there would be a afterwards, if the case were brought before late harvest, and a deficient one of wheat; it. His lordship proceeded to review the and that, therefore, they considered it their act of the 3rd of Geo. 4, and to contend, indispensable duty to apply for a discre- that by that act, neither by an Order in tionary power. Now, as to those reasons, Council, nor by any other document, it did so happen that the only grain of should a duty have been imposed when which there was an abundant crop was oats were as high as 27s. He did not wheat, and that the harvest, so far from mean to assert, that in the course they had being late, was the earliest ever known. pursued, ministers were influenced by any So much for prophetic legislation. His improper motive, but he denied that the majesty had been advised to open the effect of the Order had been an increase of ports, and the noble lord said very truly, the amount of oats brought into British that the ports were shut on the 15th of ports. August; but did he mean to say that there was any thing to prevent the ports being open by the 15th of November? He believed there was no person who had attended to the subject who would not say, that if it had not been for the Order in Council, the ports would have been open at that time for oats; that is, that the price of oats would have been above 27s. Ministers, therefore, knew, or might have known, as every man in the country did, that if they had allowed the law to take its course, the ports would have been open for oats on the 15th of November. The merchants foresaw this, and had made arrangements for sending abroad and making purchases. He himself well knew that before the Order in Council was issued, many commissions had been sent abroad;

The bill was read a third time and passed.

HOUSE OF COMMONS.

Monday, Dec. 11.

KING'S MESSAGE RESPECTING PORTUGAL.] Mr. Secretary Canning presented, at the bar, the following Message from his Majesty, which was read by the Speaker:

"GEORGE R.

"His Majesty acquaints the House of Commons, that his Majesty has received an earnest application from the Princess Regent of Portugal, claiming, in virtue of the ancient obligations of alliance and amity subsisting between his Majesty and the Crown of Portugal, his Majesty's aid against an hostile aggression from Spain.

"His Majesty has exerted himself, for some time past, in conjunction with his Majesty's ally the King of France, to prevent such an aggression; and repeated assurances have been given by the Court of Madrid, of the determination of his Catholic Majesty neither to commit, nor to allow to be committed, from his Catholic Majesty's territory, any aggression against Portugal.

"But his Majesty has learnt with deep concern, that, notwithstanding these assurances, hostile inroads into the territory of Portugal have been concerted in Spain, and have been executed under the eyes of Spanish authorities, by Portuguese regiments, which had deserted into Spain, and which the Spanish government had repeatedly and solemnly engaged to disarm and to disperse.

"His Majesty leaves no effort unexhausted to awaken the Spanish government to the dangerous consequences of this apparent connivance.

"His Majesty makes this communication to the House of Commons, with the full and entire confidence, that his faithful Commons will afford to his Majesty their cordial.concurrence and support, in maintaining the faith of treaties, and in securing against foreign hostility, the safety and independence of the kingdom of Portugal, the oldest ally of Great Britain.

"G. R." After the Message had been read, Mr. Secretary Canning rose, but in consequence of indisposition, he spoke in tones so feeble, that his words were very indistinctly heard. He said, that in pursuance of the custom usually observed on occasions of this kind, he should now give notice that he would to-morrow move an Address to his Majesty, thanking him for the communication which he had made to the House, and affording him the strongest assurances of the cordial support and co-operation of his faithful Commons. It would be contrary to the practice hitherto followed, for him to enter at present into any statement of the reasons which had induced his majesty to make to the House the communication they had just heard, and besides it would be unfair to the House itself, as it was totally unprepared for such a discussion. He would therefore confine himself to moving, that his Majesty's Message be taken into consideration to-morrow.

Sir Robert Wilson observed, that when

upon a former evening he gave notice of his intention to bring the state of Portugal under the consideration of parliament, he was influenced by a sincere and honest desire to enable the government, if it had any hesitation, to uphold with a strong hand the honour and interest of the Crown, which in this country were inseparable from the honour and interest of the people. He could assure the right hon. Secretary, that in giving that notice, he was influenced by no party motive. The gentlemen with whom he acted knew of no party but their country, where its honour and its interest were at stake. He felt great happiness in hearing the communication which had just been made to them, and declared that it rendered unnecessary the proceeding which he should otherwise have deemed it incumbent to take.

Mr. Canning said, it was out of the power of his majesty's ministers to make any earlier communication to the House with regard to the inroad of the Portuguese refugees, as the official despatches had arrived only on Friday night last. The motion was agreed to.

HOUSE OF LORDS.
Tuesday, December 12.

KING'S MESSAGE RESPECTING PORTUGAL.] On the order of the day being read, for taking into consideration his Majesty's Message,

Earl Bathurst rose, he began by observing, that in proposing to move an humble Address to his Majesty, he thought it

necessary to state to their lordships the grounds of the royal Message which he yesterday had the honour of bringing down to the House. As in doing this, he should have to enter into some detailed explanations, he could not sufficiently regret that this duty should be in the absence, from indisposition, of his noble friend the earl of Liverpool, imposed upon him; but fortunately, he was surrounded by colleagues, who would correct any inadvertency or mistake into which he might fall, and who were ready and able to supply any of his omissions. Their lordships were aware that sir Charles Stuart, who had gone on a mission to the court of Brazil, had proceeded from Rio de Janeiro to Lisbon, with instructions from the emperor of Brazil, relative to the settlement of the government of Portugal, after the death of his father. Sir Charles

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