« ForrigeFortsæt »
put to it.
the question face to face with the noble decide as judges; but when they attack Lords, in this House, and where I may the Lord Lieutenant and Council for an do it without dilgrace: Otherwise it is act to which I have set my hand, it is my
not for me to take notice of the resolu- duty to shew what the law is, and that , tions of drinking clubs: Butthe names of the act is Aridly confonant to law.
two noble Lords having appeared in a “ I must for this purpose trespass uppublication, containing broad infinuations on your Lordships, in order to flate againīt the Lord Lieutenant and Privy briefly the history of the Constitution of Council, and against an act to which I this metropolis. The Corporation of have put my hand, it therefore becomes Dublin confilts of a Lord Mayor and 24 me to call upon them to disavow the pub- Aldermen, Sheriffs, and Commons of lication, or the noble Lords to rise in their the Common Council, which represent places, and maintain the charge : If they the whole commonalty thereof. From can fupport it by argument, and by law, the time of Richard III. under various 1 shall be the firit man to retract an erro- bye-law's, the Lord Mayor was annually necus opinion; if they cannot, they should chosen by the Board of Aldermen alone, not by broad infinuations calumniate without the interference or approbation those who revere the laws.
of any other borly. But, my Lords, I trust it will be « fi was not till the reign of Charies forind an attrocious liběl upon the noble II, that any authority was given to Goper for ages, and that it was inserted in vernment by statute to interfere with the the News-papers without their know-, election of the Chief Magistrate. In that ledge."
· Teign the Corporation Act was palied in Lord Moira " My Lords, I haye England, and ide act of the eighteenth heard the publication just read, and I do of Charles, under which the new rules avow that I did consent to have my name were formed in Ireland: The princi
ple and end of both which acts was to Lord Charlemont concurred by a simi prevent per tons diflaffected to Church or * lar assertion.
State from holding offices of high trust Lord Chancellor. The publication is or authority in corporations. To ac. now avowed, my Lords; and though it complish this object in Ireland, the apwould be disgraceful to make any reply probation of the Chief Governor for the to the resolutions of the Commons of the time being, and Privy Council, is made
Common Council, the Whig Club, or the necessary to every election of a Chief * Aggregate body, with which the columns Magistrate in the Corporation subject to
of our News-papers are fiiled, it becomes the act, which approbation is understood ome to thew that the act of the Lord Lieu- as an acknowledgment on the part of
tenant and Privy Council approving of the Privy Council, that the man to elect· Alderman James, to which I have fei my ed is well affected to the Church and • hand, is a strictly legal act; and that if State, and has, therefore, no perfonal -the resolution is levelled against that aci, disability to prevent him from serving it is a libellous misreprefertation of a ne the office. It was reserved for the pecu.
<elliry act of public duty, and the only liar fagacity of Irnh Whigs to transtorm * apology that can be offered for it is a com- this right of approbation into a judicial
plete and radical ignviance of the Law power, which, indeed, is fuch a pervera and the Constitution, in those who made lion of sense and meaning, as could only it; this, Itrutt, I thall now prove to the arise from the greatest confusion of ideas plained and most uni ttered undertland- that ever diftracted the brain of min,
for what else could suggest an opinion ini Fore
is For the present, I pass by that new that the council had any juricial power Syftem of jurisprudence which has lateiy whatsoever. The angle object of cabeen held cut butuo of lis Majesty's he- quiry which comes before the Council reditcry Countellers, two of the heredi is, whether the perfon returned them, is tary Jurlges of this land, which is, that or is not a man well affected to Church they may in the first instance pronounce ani State, whether he labours under any jud, ment, and promulrate their decrees personal inability. When double returns in the columns of a. Mws-paper, in a have been made, it has always been concase which may come to be decided by fidered as almoft matter of courle to 2pthem in the dernier resort; 'us for them prove of one of the parties returned, and to defend this new system of jurispru- by this means the question is put into a dence; to Mew the rectitude of becoming fiuation of being tried at law. . The pariis, where they may be called upon to Privy Council have no authority to judge
of the legality of an election ; they ap. it altogether for eighteen or nineteen prove the man who appears prima facie hours. The first election of Alderman to have the best title, provided he is well James was disapproved by the Comaffected to Church and State ; this is mons; the Board Tent down succellively their peculiar consideration ; but the seven other Aldermen, who were likequestion of right and merit of the elec. wise disapproved by the Commons. The tion must be decided first in the King's Asembly was dissolved; and as the aét Bench, and ultimately before your Lord- prescribes, the Board met the following ships. Now, it fingularly happens from day, elected Aldei min James, and rethe framing of the law, that in case, of turned him to the Privy Council. The double returns, the question of right ne. Commons likewise met, elected Alderver can come before the King's Bench, man Howison, and returned him. Upor before your Lordships, and never on hearing Council on the case, each para can be put in course of trial at all, till ty charged the other with a defauit, and the Lord Lieutenant and Council ap- the Lord Lieutenant and Privy Counprove of one of the persons returned; cil, unwilling to interfere, and hoping and therefore it is that it has always the parties would fettle the bufinels abeen confidered as matter of course for mong themselves, fent them to a new the Lord Lieutenant and Council to ap- clection: No reconciliation, however, prove of one of the parties: This was took place, the same returns were again the case again and again with respect to made; they were beard a second time, Clonmel; the Council have always been and a second time font to a new elecNow to interfere in the disputes of cor. tion. . porations, their object has been to refer “ A third time the same double re. them to the proper judicature for trial; turn was made, and the parties did the nor did it ever enter into any man's by their Council declare their resolution head, that they posested or assumed a not to agree, €..d prayed the Lord Lieu. judicial power in election until the igth tenant and Council to approve of one, day of July 1790, on which day the ju- that the question might go to a Court of dicial manifesto of the Whig Club bcars law. Should the Lord Lieutenant and date.
Council have refused to suffer the matter « I have already said, that from the to be put into a due course of trial, there reign of Richard III. to that of Charles would then have been forme cause for II. the election of Lord Mayor was sole discontent; but they acted according to ly and exclusively in the Board of Alder- their duty, knowing they had no judis men; that it was not till the 18th of cial power themselves, they approved Charles II. that any authority was given one of the perfons returned, as matter of to Government to interfere at all in this course and allowed the question to go election, and that under the 18th of to the proper judicature for trial. Charles, the new rules were formed, and " My Lords, I have considered this by them the right of electing a Lord question over and over again, with as Mayor was confirmed to the Board of much attention and with as much zeal Aldermen only, and continued to them to discover the truth, as ever I bestowed for ever.
on any subject. I should be guilty of « In 1959, an act was passed, mate- great impropriety, were I to declare a rially altering the conftitution of the city judicial and final opinion until the mat. in other respects, but retaining to the ter comes judicially before the House. Board of Aldermen the election of the But I do not hesitate to say, after the best Lord Mayor, and giving to the Com- consideration that I have been able to give mons a power of approbation.
the subject, after consulting every book “From 1759.Ito this day, though fome from which I could hope to receive any disputes have arisen between the Board hint or any information, that it didappear of Aldermen and the Commons, yet to me, that Allermin James had the they have been all settled, and the parties better colour of election. In this, howhave mutually agreed, except in the case ever, I would not be understood to say, of Alderman James'; 'in that case they that I have made any ultimate cr final both declare their determination of sufs decision--for the question has never come porting their several pretenlions.
judicially before me, and is still open to There have been in this business three argument; but from what I have hitherdouble returns made to the Lord Lieu. to hcard, Alderman James has the belo tenant and Council, and the parties have ter claim. been heard with patient attention, taking “ I have spent the greate? part of my VOL. XII. No. 68.
life life in endeavouring to acquire a know. otherwise than as I conceive it, is the ledge of the law, and this is the opinion' guestion to be decided by clamour and which I have formed upon the belt con- noie?--Are they the hereditary judges sideration of the subject; yet, when it of the land instead of appealing to the comes to the Bar of this blouse for de Court of the King's Bench in the first cision, if any thing appears in argunent, inítance, and to this House in the derfufficient to change that opinion, I mail nier refort, are they, Iiay, to appeal to not be ashamed to retract it. It is cere the Whig Cubor the aggregate Botain thcic are among wife and able men, dy—or to men with National Cockades a variety of opinions on the subject in their hais? If so, what is to become some adhering to the itrict letter of the of property? My Lords, this country Natute of 336 George II. others compa- is, I ain atraid, viriven upon the verge of ring that tiatute with the New Rules, a precipice ; and I am well aware there and construing that staiute by the gene is a set of discontented men who would ral known principles of common law; push her on to ruin. Good God! is it but which is righi, or which is wrong, not manifcit? Who are the men who curtain I am, tot Wnig Club, aile mbled invade the laws, the Lord Lieutenant i dine at Kyari's Tavern, are uiterly and Council who find the question of incapable of judging; and certain I am, right to a legal decision, or those who that no decision could ever have been would Mut up the Courts of Justice, and had on the subject, if the Lord Licute appeal to Whig Clubs, Aggregate MeetNant and Counc I bad not approved of ings, or men with arms in their hands, or e of the persons returned.
and National Cockades in their hais? “ I have in my view a noble Lord, It has been the fashion to decide quefbefore whor this quellion will first come tions by clamour-but surely there never for decision. I dare lay. that noble Lord was a question less proper for such a dirwill direct the Jury to and a veidiet fpe- cussion, than that to which the resolucially, that the queliion mav be folemn- tion of the Whig Club points: If that ly argued. I don't think a judge wou'd question is to be decided by clamour, be justifiablé who would decide upon it you must hut up the Courts indeed, and at Nifi Prius.
leave every peaceable man without re" As to Alderman James, my Lords, dress; for every question that ever came the decision of the Lord Lieutenant and before the King's Bench, the Exchequcr, Council is of no authority whaticever: the Common Pieas, or the Chancery, if this election be illegal, that ducifion may as well be decided by clamour, as does not affect to legalize iicit merely that between the contending parts of the puts it in course of trial before the pro- Corporation of Dublin ; anii 'if so, what per tribunal. If the Judge, whom the becomas of law? law appoints to swear in the Lord Mayor "- My Lords, if turbulent perfops of Dubin, shall, upon view of the case, would defit froin their practices, this think Alderman James not duly elected, country would be in a state of unexamhe may refuse to swear; in that case pled prosperity—which nothing can preAlderman' James may go into the Court vent her from enjoying, but factious of King's Bench, and apply for a mano contentions for power. But if, my Lords, damus directed to that Judge: if the every question of law is to be made a Judge perfeveres in his opinion, he will question of party-if every question is to make a return of non est el ftus, and then be decided by clamour-it every man the merits of the case may be tried; but who is boid enough honestly to speale his if, on the contrary, the Judge Mall think opinion, is to be vilified and traduced, him duly elected, and swear him in, even who, that can live out of the country, though his ek ction was illegal, he will will remain a moment in it? be an officer de facio, and every necessary « The Chancellor then concluded, by act of his, in performance of his duty, assuring the noble Lords, that what he will be as valid, as if his election were had said was not from any disrespect to legal.
them, for whom he had a high respect : “ And now, my Lords, I call upon But fo often as any noble Lord thould any man to thew me how the act of the make a charge against him, he would Lord Lieutenant and Privy Council is call upon him in that House, face to face, an infringement on theirights of election, to avow and support the charge; that in or how it invades the laws and freedom case he should have been proved to have of the metropolis: Suppose the law is done wrong, he might rctra his error, .
and in the hope that if he should refute The Lord Chancellor then declared the charge of his accusers, they would that it was his Excellency the Lord Licu have the candour to retract their's. tenant's pleasure, that this Parliament be
" And therefore, laid he, I do now, prorogued to Friday the 24th day of Sepiny Lord, call upon those noble Lords tember next; and the Parliament was whose names have appeared in the relo- accordingly proroguer. lutions or the Whig Club, to rise in their Though the relignation of Alderman place and meet the question-perfectly James has in fact put an end to the conopen to conviction, it they convince me, telt between the citizens of Dublin and I will retract my opinion: if they do not the Privy Council, there is ftill an anirife, I thlall hope I have convinced them. mofis ytublifting between the parties. The I should apologize for engrossing so much fpeech of the Lord Chancellor, which of your Lordships' time-but when two was understood to be the manifesto ot names, appertaining to characters so Government on the subject, has created highly respectable, appear in a newspa. much speculation, and not a little claper resolution infinuating cenfure on the mour. The Whig Club, against whom Lord Lieutenant and Council, I think it it was principally levelled, has published my duty to deliver my sentiments on the a long resolution in answer, in which they subject, and explain myself in the fula controvert the different arguinents of the left and most public manner.
Chancellor. His Excellency the Lord Lieutenant “ We cannot avoid expresing (fay having come into the House,
they) our disapprobation of such a malaA moflage from his Excellency the pert way of addressing the people, a chio Lord Lieutenant by Bryan Conner, Erq; regard of whom, under any government, Ycoman Uther of the Black Rod, require is unwise, under a free government ing that the House of Commons do at grac:lefs, and, in a minifter, a difquilitend him immediately in the House of firation to hold th: reins of power.-Piers.
We have not forgotten the gross language The Speaker, with the House, forth once before offered to the public-It was with attended in the Ilouse of Peers, then they defended their country againit ' where the Royal assent was given to the the famous propositions, le fait red
act for the relief of perfons who have o- ourselves that we should never again be mitted to quality according to law. witness to the like forward discours.
His Excellency was then pleased to The citizens, however, will bear with make the following speech to both patience an evil it seems they only share
in common with the rest of their fellow
subjects. As for ourselves, observations “ Aly Lords and Gentlemen, falling from no fuperior height of public
virtue make no impression. " I have great fatisfaction in commu
“ We have no personal animofty; nicating to you his Majesty's gracious
but should any of the Ministers of the acceptance of those proofs of'attachment,
Crown attempt to trample on the people, loyalty, and zeal which you have mani
we are ready to defend them. felted in your proceedings.
“ Resolved, That the affectionate and
refpectul thanks of this boily be return“ Gentlemen of the House of Commons, ed to the Bari of Moira and the Earl of
Charlemont, for iheir spirited and digni« His Majesty commands me to return you his thanks for the means you
· fied avowal of the part which they have have afforded him to provide for the ex
taken in our deliberations and resoluti
ons; and for the truly patriotic regard traordinary expences of Government
which their Lorships have thewn for the that may be neceflary at this important
invaded privileges of their fellow citicrifis.
zens, and for their zealous support of the
law of the land. “ My Lords and Gentlemen,
66 Resolved, That a committee be ap" I am happy at this season of the pointed to fit during the vacation, to coryear to relieve you froin attendance on relpond with the members of this and Parliament. I have no doubt of your other focities, and to prepare such meacontinuance in the difpofition, to affert fures as may be rendered necessary to deand maintain the righis of the empire, fend our principles and our chwacters ; which has so honourably diftinguished with a power to assemble this Club or your conduct."
any emergency, to submit said measures D 2
o them for their consideration, on giving parties interested in those reficle, for the due notice.
lofies which they hall have sustained, a Te Members of the Committee are, .
soon as the amount thereof fhall have Duke of Leinster, Earl of Moira, Earl been alcertained : of Caremont, Earl of Arran, Right It being underfood that this Declara. Hon. W. B. Por fanby, M. P. Right tion is not to preclude or prejudice the H., H. Gractan, M. P. Sir E. Newen- ulterior discuffion of any right wbich his ha ,K.M. P. J. P. Curran, Efq; M. Majefty may claim to form an exclusive P. Arthur Browne, Efq; M. P. John establishment at the port of Nootka. Eg!!, Eiq; M. P. John Edwards, Elq; "In witness whereof I have figned this Travers Hartley. Efq; Coghill Cşammer,
Declaration, and sealed it with the Efq; Georg: Mcquy, Efq; Hamilton
feal of my arms, Al Madrid, the Rowan, Esq. R:v. Richard Shack.
24th of July, 1990. (Signed) Henry GRATTAN, Pro-Sec."
(L. S.) Signed LE COMTE DE FLORIDA BLANCA.
COUNTER-DECLARATION. FROM THE LOXDON GAZzTTE, HIS Catholic Majesiy baring declared
that he was willing to give fatisfaction WHITEHALL, Ang. s.
for the injury cone to the king, by the This morning one of his Majesty's capture of certain velle!s belonging to his messengers arrived from Madrid, at the subjects, in the bay of Nootka, and the Office oi his Grace the Duke of L-eds, Count de Florida Blanca having figned, his Maiety's Principal Secretary of State in the name, and by the order of his Ca. for Foreign Affairs, with dispatches from tholic Majesty, a Declaration to this ef. th= Right Hon. Alleyne Fitz Herberi, his feet; and by which his faid M jeity like Majesty's Ainbassador Extraordinary and wise engages to make full reftitution of Plenipotentiary at that Court, contain the vefl-Is so captured, and to indemnify ing an account of the foilowing Decla- the parties interested in those vesels for tion and Counter-Declaration having been the loses they have sufiained; the unsigned and exchanged, on the twenty:
der-ligned Ambasador Extraordinary and fourth of July laft, by his Excellency on Pienipotentiary of his Majefty to the Ca• the part of his Majesty, and by his Ex tholic King, being thereto duly and er cellencv Count Fiorida Blanca, his Ca- pressly authorized, accepts the said De: tholic Majeity's Minister and Principal claration in the name of the King; and Secretary of State, on the part of the declares, that his Majefty will consider Caiso.ic King.
this Declaration, together with the por•
formance of the engagements contained DECLARATION.
therein, as a full and entire satisfaction
for the injury of which his Majesty bas HIS Britannic Majesty having com complained." plaiuc i of the capture of certain vesels The under-figned declares, at the same belongin: to his subjecis in the port of time, that it is to be understood, that nei. Nontka, situated on the north west coast ther the said Declaration figned hy Couni of A verica, by an officer in the service Florida Blanca, nor the Acceptance ibereof the King; the ur der.figned Counsel- of by the under-figned, in the name of lor and P: ncipal Secretary of State to the King, is to preclude or prejudice, in his Majelty, being thereto duly authori. any respect, the right which bis Majef'y zed, declarés, in the name and by the may claim to any establishment which his order of his said Majesty, that he is wile subjects may have formrd, or should be Jing to give satisfaction to his Britannic delirous cf forming in future, at the said Majefts for the injury of which he has Bay of Nootka. . complained ; fully persuaded that his
In witness whereof I have Ggned tbis said Britannic Majesty would act in the fanie manner towards the King, under
Counter-Declaration, and fealed it fimilar circumstances; and his Majesty
with the real of my arms. At Madrid, further engages to make full reftitution
the 24th of July, 1.90.' of all the British vessels which were cap
(L. S.) Signed tured at Nootka, and to indemnify the
ALLEYNE SITZ IERBERT,