number of informations ex-officio which he had filed. He knew it might be asked by the other side," Have you applied the existing laws?" In his conscience he believed, under the existing law, the mischief was beyond the reach of any public prosecutor; his learned friends felt that it could only be dealt with by the regula tion proposed, which he had no doubt the House would accede to, as the whole country was interested in protecting the people against the pernicious poison. entirely defeated. He had heard in the case of an individual who was convicted, while another individual for whom the illegal acts was done, could not be touched, that the latter had the impudence to say, "For half-a-crown a day I can always procure a man to stand in my situation, and I can carry on my trade in his name, while he runs all the risks." When it was recollected, too, what time elapsed before applying the penalty of the law after conviction, some remedy on this subject was imperiously called for. What he proposed, was, to check the practice of publication by individuals who had no property in their hands-the practice of individuals who had no visible means of paying the penalty to which they made themselves liable, making themselves responsible for others who derived nearly the whole of the benefit from the publication. In the case of these small publications, he proposed that all persons should be required to give a previous pecuniary security, to abide any judgment that a court of law might pronounce against them either for treasonable, blasphemous, or seditious libels. He did conceive that this would operate in every way for the protection of the respectable part of the press. It would have the effect of bringing forward the man at the bottom of the whole, who would not be allowed to put a faggot in his place. The judgment would attach to the security given, and this he trusted would have the effect of throwing the punishment on the proper person. The third regulation with regard to the press which he proposed was rendered absolutely necessary to give effect to the other two. It was to impose a moderate penalty on all persons publishing or hawking about publications not duly stamped, or not published by persons who had never given any security. If the persons engaged in these publications were not to find instruments for propagating their poison in this manner, they would fail in their object; and therefore it was he proposed to impose a moderate penalty on persons found hawking them, and that the penalty should be recoverable on conviction before a justice of peace or other magistrate. He knew that reproaches had been thrown out against ministers for not taking effectual means for putting a stop to these seditious and treasonable publications, but these reproaches came with a very bad grace from gentlemen who had complained against the late attorney-general for the He had nothing to state upon the subject of the regulation of the press, but these three measures,-1st, To apply the existing stamp duty applicable to newspapers, to all publications not exceeding two sheets, of the same character. 2nd, To require all publishers to give previous personal security, and two responsible securities in the same sum as himself. 3rd, To apply a penalty recoverable before all magistrates, for hawking about publications, with respect to which the provisions of the law had not been complied with. He was now to call the attention of the House to a subject connected with the last. It was a principle not unknown to our law in many offences, and which he thought ought to be applied to the specific offence now under consideration. The House would remember that in 1796 it was enacted, that upon a second conviction for sedition, a higher punishment might be imposed, and in addition to fine and imprisonment, transportation or banishment for seven years might be inflicted when a person had been convicted a second time. He did not mean a cumulative offence, but an offence committed after judgment being pronounced for a first offence, when the person so offending was liable to transportation, or banishment for seven years. He proposed that the court should be empowered, on a second conviction, for either treasonable, blasphemous, or seditious libels, to transport the person so convicted for seven years, or banish him for such shorter period as might be thought adviseable. If there were individuals among us who had such an abhorrence of our institutions, that they were determined to sin with their eyes open after they had once been punished, they could not be considered as visited with a punishment disproportionably rigorous, by being subject to transportation. With these measures and the other measures which his majesty's ministers had adopted, he trusted the evil would be arrested. Having made these observations, he did not know any thing further which he had to state, excepting that it had been found necessary to augment the military force. This augmentation had been made in the manner, which was conceived to be the most effective, the least expensive, and the least connected with any motive of interest or partial views. It would be most gratifying to government to find that the state of the country rendered all farther augmentation unnecessary. Much depended on the spirit and energy with which parliament acted; and much on the readiness and determination of the sound part of the community to defend themselves against the dangers which surround them. He hoped they would feel it necessary to come forward in armed associations, and to show, that if any persons were disposed to make efforts against the constitution, the friends of the constitution were determined to make greater and more effectual efforts to defend and preserve it. sure. But if he distinctly understood the nature of the rest of the proposed measures, and in particular of that intended to repress seditious meetings, it appeared to him that they should be made permanent. He was not aware that they infringed on any popular right. If it were objected that seditious meetings were now confined only to a part of the country, and that the measure applicable to them ought also to be partial, he would say that he did not conceive such a measure could be considered in the light of an infringement on the liberties of the country, being only a solitary protection against the danger from those meetings. The same observation would apply to the bill against training and drilling, to the traversing bill, and also to those regulations which could not be looked on in any degree as an infringe. ment on the liberty of the press, fairly understood, but merely as a remedy against a crying evil. He should not propose, with respect to those bills, any limitation in point of time. He did not mean to say, but that on the country coming back to its former state-or on the game of the disaffected being rendered hopeless-he did not mean to say but that the hon. and learned gentleman opposite in some future review of the laws, when this measure would have ceased to apply to the state of the country, might question whether it should not undergo some alteration, or whether it ought to be allowed to remain on the Statute book. But if there was really nothing in these bills which narrowed the rights of the subject; if they were rather to be considered as protecting the subject in the exercise of those rights, and if a fatal influence had often already been produced on the minds of the wicked and evil-disposed from the indisposition of parliament, to apply temporary laws to temporary evils, he thought the House ought to make them perpetual. They had already seen with what cunning, wicked and evil-disposed men often availed themselves of the expiration of a law or the circumstance of parliament not sitting, to resume all their old practices; and therefore if the House saw those laws in the light in which they were viewed by his majesty's ministers as a remedy against abuse, and not as an encroachment on rights, they would think that much greater benefit would be derived by the country from rendering them permanent. They were called on in political wisdom when they He did not think it was necessary for him to say any thing farther as to the proposed measures-he had opened to the House what in candour he was bound to state with respect to them. He was perfectly sensible that when any law was proposed of the nature of an infringement on the valuable rights for the protection and maintenance of which the constitution was established-when parliament were called on to abridge such rights, or only temporarily to suspend them-when it was necessary for any minister of the Crown to propose the suspension of the Habeas Corpus act (though it was a great gratification to ministers that at the present moment they were not under the necessity of proposing any such suspension), the only just ground for passing such measures, was the necessity of parting for a moment with some of our liberties for the permanent benefit of the whole. But he begged the House to take distinctly into their consideration that the measures now proposed were not directed against the rights of the people, but against the abuses of these rights, which abuses shook the security of the rights themselves. With respect to the bill which he was now proposing to introduce, similar to that in 1812, giving extraordinary power to the magistrates to search for arms, he had it not in contemplation to offer that bill on any other principle than as a local and temporary mea+ looked to the scenes around them-when | sured the House, that he attended in his they saw what was passing both at home place, (and he hoped the noble lord and abroad-when they considered what would believe him), with a very sincere theories of government were afloat, not inclination to listen calmly and dispassioonly here, but elsewhere, they were nately to all that was to be advanced; he bound, he said, to create a fence around felt not the slightest prejudice on any of the constitution, and a bulwark to protect the points (on some it was impossible that it against those spurious rights which he should feel any, as he was totally ignowere so foreign to its sober genius. How rant of them); but after what he had long were the prosperity and tranquillity heard, he was conscious that he should of the country to be put in danger in not discharge his duty, if he did not this manner? He implored the House trouble the House with a few, and a very for God's sake to look their difficulties few, observations. The noble lord had in the face. The evil was permanent; stated, that members on the opposition at least as permanent as an evil of side of the House, on the first day of the such a character could be. Wicked and session, had in substance agreed with all dangerous men ought to be deprived of parts of the address relating to the sedithe power of keeping the country in con- tious spirit pervading the manufacturing tinual agitation. He therefore proposed districts. It was almost needless to remind the measures without any limitation as to the House that the noble lord had no autime, leaving it to the wisdom and discre- thority for that statement; for his own tion of parliament to deal with them as it part, he (Mr. Tierney) had expressly asmight think proper when the motives for serted his agreement with the allegations adopting them were passed away; for he in the address, as far only as they should believed they were safeguards to the con- be established by evidence to be produced. stitution, and not encroachments. He It was really astonishing that the noble regretted he had been compelled to trou- lord, who could be candid enough on the ble the House at so much length. The first day of the session, should now, for bill giving magistrates a power to search some purpose of his own, not only state for arms would be introduced first into that which went even beyond the address, the other House, as also the traversing but attempt to ratify that statement by bill. The other bills would be introduced a supposed confirmation derived from the in the House of Commons. With respect other side of the House. He (Mr. to one of them, it would be necessary Tierney) had said then, and he repeated they should go into a committee of the it now, that the measures to be adopted whole House on the subject of it, previous must depend upon the necessity, and that to bringing in the bill; and he should to- necessity could only be ascertained by morrow or next day, propose such a comdue inquiry. He did not say that a posmittee. He should now move for leave sible case might not arise where new laws to bring in a bill "for the more effectually might be required; that a House of Compreventing Seditious Meetings and As- mons in the discharge of its duty might semblies." not entertain projects of this kind, but Mr. Tierney observed, that the awful what he maintained was that they ought denunciation by the noble lord, of many not to do so until the necessity had been of the principles which he (Mr. Tierney) clearly and unequivocally made out. He had been accustomed to hold most sacred, denied that necessity at starting: no such must of course occasion him to rise under case had been made out that justified such considerable embarrassment; but that measures as had been proposed, even embarrassment would be greater if he ima- supposing, upon examination, it should gined that after the statement of the no- turn out that the safety of the country reble lord, the House would expect him on quired them. All the House had before the sudden to be prepared to go into a it was the notoriety of certain proceedgeneral argument upon the question. ings; but the grounds of those proceedGreat variety of matter had been intro-ings, their motives, and extent, was only duced, the greater part of which, to him to be gathered from the papers communiat least, was perfectly new. When he cated by the Prince Regent. Without came down to the House he had not meaning to anticipate the debate of tothe most distant conception that the no-morrow, to be introduced by his noble ble lord would advert to many of the points friend, he would say, that a more garbled, on which he had dwelt at large. He as-mutilated account was never presented to (VOL. XLI.) (2D) the House of Commons. The noble lord had stated what undoubtedly was very consolatory, but for the comment with which it was accompanied-that the main body of the nation was sound and loyal; that in principle it was attached to the law and the constitution. Even in the disaffected districts, it had been admitted to-night, that the great mass of the population was untouched and untainted by disaffection, and that they were prepared to stand by the law and the constitution; nay, the noble lord went further; he had stated what would have astonished him, if any thing could astonish him from the present ministry on the subject of finance, that the internal state of the country was perfectly prosperous; that in our foreign trade there was nothing to apprehend, but from the distress of America; that all our manufactures found their faccustomed vent on the continent; and that it was the condition of America alone that restrained the commercial industry of the nation. Certainly, if the representations of the noble lord were to be believed in opposition to the evidence of our own senses, the country ought to be in a very happy condition; but how was it then that, as if the nature of the people had changed, as if they had become blind, obstinate, and perverse, it turned out that the nation was to be called upon to sacrifice its constitution on the altar of public security? The subjects of the realm were now told, that the old laws of England were not sufficient to guarantee protection to property; that what they had been accustomed to venerate as their safeguards were inadequate; that not only 10,000 additional soldiers were to be placed over them, but that those soldiers were to be backed by corps of yeomanry, and by statutes hitherto unknown; and after all this, they were to be assured that their condition was fortunate, and their finances flourishing! The noble lord had maintained, that by the amendment, he (Mr. Tierney) had mark ed his sense of the schemes by which the lower orders were misled. He admitted it; he meant to mark his opinion decisively, that those schemes were dangerous to the constitution, injurious to the public quiet, and most of all injurious to those who were deluded by them. If those unfortunate men could now look into the House, they would see the result of their endeavours; let them abuse the Whigs as violently, and stand by their champion Hunt as firmly as they pleased, if they could now witness the proceedings of parliament, they would see to what a miserable pass their leaders had reduced them, bound hand and foot, and delivered into the hands of those who, by new laws, ard new troops, were establishing an inquisition upon the ruins of the constitution. A right hon. gentleman had said on a former night, that the Whigs had been for 50 years excluded from power. It was true, and here was the fruit of that exclusion. After the lapse of 50 years of rule, what had the opponents of the Whigs done for the nation? They had brought it to such a condition of discontent and disaffection, that in a period of profound peace, the tranquillity of the country could not be maintained without new laws, not consistent with the spirit of the constitution. The noble lord had opened five bills to the House. The first was against Sedi tious and Tumultuous Assemblies-the second against Drilling-the third against the Possession of Arms-the fourth was against Traversing-the fifth branched out into two or three heads; and was aimed at the liberty of the press. With respect to the right of traverse, he freely confessed that his mind was open to information. He did not profess to be acquainted with all the grounds on which that right had originally been conceded to the subject; inconveniences might have arisen from it, and the remedies of the noble lord might be applied without danger. Yet with fear and trembling he should undertake to change an established principle of the common law, founded upon almost immemorial usage; and though he did not undertake to pronounce peremptorily against it, he approached it with a degree of awe, and would not change it until the necessity should be sufficiently established. If by the power of searching for arms the noble lord meant to go the length of saying that an Englishman was not to be allowed to have weapons for self-defence in his possession, a most grave case indeed must be made out before he could consent to the proposition. Going about in armed bodies from place to place was already illegal but between that and the established constitutional principle that a man had a right to have arms for his own defence he took a wide and material distinction. He begged of the House to pause before it sanctioned a measure fore them, it was impossible to give an opinion upon it. No doubt a case might be shown in which it would be highly improper for the magistracy not to exert themselves by preventing a projected meeting, to preserve the public peace, a breach of which might threaten the safety of the country. Here the only question was, whether the particular circumstances under which the Manchester meeting was held were of such a description as that nothing but a military force could have put an end to its proceedings? To this he answered, that a meeting as large, or nearly as large, had taken place in Yorkshire; bodies of men had marched to Hunsletmoor of the same description as those that had attended at Manchester, with flags flying, and what had been termed an appearance of military array. What had become of it? The mayor of Leeds had felt no disposition to interfere; he had taken the proper precautions for the security of the peace, in the event of danger, though he did not think it right to make an ostentatious display of those precau which directly violated that privilege, in which twenty years ago men would have shuddered had it been even hinted that an alteration was intended. As a temporary measure it might under some circumstances be necessary; such as that large bodies of men were arming themselves in a way dangerous to the community. What was the fact? The papers upon the table merely proved, that certain persons had been making a limited number of pikes, that certain other persons had obtained some pistols and that a few more were in search of other fire-arms, if they could obtain them at a cheap rate. It was only pretended that Lancashire, Cheshire, a small part of Scotland, though thickly populated, and some districts of Yorkshire, were in a disturbed state: yet upon no better testimony than this the whole people of England were to be deprived of arms. [Lord Castlereagh said, across the table, that the Arms' bill was only to be local.] What then were the districts to which the law was to apply? [Lord Castlereagh replied, "Those included in the Watch and Ward act."]tions until a justifiable cause (which he did As he (Mr. Tierney) had not that measure precisely in his memory, he would not waste time by observations upon it. As to the law against drilling, he had heard with great astonishment, that such practices were not already against law; that no punishment could now be inflicted upon men who drilled and trained at night, and formed themselves into military array. If this were not so, he was, ready to submit to a new law on this subject. If it could be worded so as to meet the exigencies of the case, he honestly admitted that he had no objection to it; guarding himself with this observation, that it must be drawn so as not to go a single step beyond the necessity of the case, and that it was established that the men were drilling themselves evidently for the purpose of military operations. He next came to what in his mind was the great question of all-the new regulations against seditious and tumultuous meetings. Upon this subject the noble lord had asserted, that all the learned gentlemen on the other side of the House had very care fully abstained from giving any opinion whether assemblies of a particular description were or were not illegal. If he had understood his learned friends, their difficulty was this-that the question must depend upon particular circumstances; and until the facts of a case were laid be not apprehend) should be afforded for resorting to them. Such a cause did not occur. The persons assembled dispersed quietly; and from first to last, in Yorkshire, there had been no symptom of confusion. In Scotland, also, the magistrates had exercised a sound discretion; they had let the feeling of animosity waste itself; it did waste itself; and no such proceedings as those of Manchester had occurred there. And now the noble lord came forward, and assumed it as indisputable, that meetings must be confined within some other limitations, than those which at present existed, either numerical or local! The noble lord's plan appeared to be this that no meeting should be allowed in any county, unless convened by the sheriff, the lord lieutenant, or by five magistrates: in certain towns, it must be called by the mayor; or if called by individuals, that no man could discuss and deliberate upon any public question out of his own parish. If such were the plan, there was at once an end of all the old wholesome spirit of the law upon this important subject. It would really seem from the cheers, as if the noble lord was restoring that old wholesome spirit, and that he (Mr.. Tierney) was resisting it. Yet under that old wholesome spirit this country had flourished more than it would under the |