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troops into those kingdoms, and all the projected changes would have been effected without the least disturbance, had not the Spaniards been led astray by English monoply, and the fanatieism of the monks. The confidence and secu rity which I entertained upon this subject, and the ignorance of some of my generals, occasioned the petty losses I have suffered in that quarter, and which the enemies of order have celebrated in an extraordinary manner. But Europe soon saw what was to have been expected of the Spaniards, and the Junta of Seville, whose measures were totally subverted in the first instance by the battle of Tudela, and subsequently by that of Ocana.

"The crown of Arragon, which retain ed some attachment to the House of Austria, is the only one that has opposed a regular resistance: and amidst the events that during the last two years have occurred in Spain, those alone which merit any attention are the defences of Saragossa and Gerona, which were owing more to the obstinacy and fanaticism of the monks, than to the valour and discipline of their garrisons. In short, Spain is conquered; and the English have no longer any point of support in it, except Cadiz, and a handful of insurgents headed by the traitor Romana. The forces they have in Portugal merely wait until my troops are in motion, when they will immediately embark; and I am convinced that the Portuguese army will experience a disastrous fate. How characteristic is it of commercial nations to sacrifice their allies! The

terests, and even the prejudices, of the people we govern. Thus was the fate of the House of Naples decided; and it was doomed to lose its kingdom, without any possibility on my part to prevent it! What pangs did this determination cost me! How odious in my eyes were the sceptre and crown, when I found myself compelled to a proceeding so adverse to my own sentiments! Nevertheless, I did not lose sight of the interests of a misled and disgraced dynasty; and when it be came inpossible for me to re-establish it in Italy, I thought of giving it an equivalent elsewhere. The propositions which I made, from Erfurth, to King George, leave no doubt as to this fact. To the war of Germany, notwithstanding the pacific overtures by Lord Lauderdale, and the announced voyages of the Russian Messenger, Novoziltzoff, immediately succeeded that of Prussia, whose Sovereign would not agree to the moderate proposals which I made him. Instigated and blinded by Russia, and the insinuations and promises of England, he, in a manner, presumed to dictate the law to me, when his situation was such as should have rather prepared him to receive it.-A few days sufficed to convince him of his error; and, notwithstanding his misconduct, my moderation left him in possession of half his states. The peace of Tilsit once more tranquilized Europe; and I should have put an end to the calamities of war, had I not been convinced of the bad faith of the House of Spain, which, though my ally, merely hesitated to declare against me, in consequence of being_confounded by the vic-hearts of the English are metallified; and tory of Jena. The scandalous quarrels they act only from the impulse of gain. between the Father and Son, the ambition With them there is neither honour nor and sordid conduct of the Prince of the faith, nor do they hold any obligation saPeace, and the wish of rendering happy, cred.-They have sacrificed your Majesand divesting of its prejudices, a nation of ty's House, Denmark, Sweden, Holland, the first rank, made me turn my views Austria, Prussia, and latterly, Portugal upon that kingdom. The Spaniards were and Spain. But, at this moment, they dissatisfied with the government of king have no friends on the Continent; they Charles, and prince Ferdinand, held out have lost all their relations with it. I to Europe as a traitor by his father, could make this representation to your Majesty, not ascend a throne, which, since the time to impress you with the truth of my exof Lewis XIV, has belonged to France. pressions, and the absolute necessity unOn the other hand, Portugal was an Eng-der which I find myself of sacrificing some lish province; and the parliament of that nation having resolved upon the system of perpetual war, it was necessary to exclude their squadrons from the Continent, before they could have an opportunity of re-committing such an enormity as their attack upon Copenhagen. Impelled by this combination of motives, I sent my

dynasties. But a new order of things is about to succeed, and every thing will be remedied. France, though friendly to innovation, entertains, nevertheless, great attachment and deference for established usages and customs.

The same people who destroyed the throne did not cease until they re-establish

to

ed it with greater pomp and splendour | to accomplish them, will gratefully repay than it had before; and I have found my- your Majesty for the interest which you self under the necessity of creating a No- will thus take in the tranquillity of so many bility, to which, however, I have given nations. The dynasties of Bourbon will a more convenient form than that of the all of them be indemnified for their losses. ancient order. In like manner, Monar- The Princes of the House of Spain will chical France claims and insists upon her receive their indemnification in countries rights to those crowns which she for- which have no contact with France, and merly possessed, and your Majesty will where their relations cannot be adverse instantly perceive, that events may occa- to my dynasty. As to your Majesty's sion a change of Dynasty in France, but House, I will make every possible exnot any variation or alteration in her rights ertion in its favour. Master of Spain and or relations. From this motive I have re- Portugal, it will not be difficult for me solved to place the crowns of Spain and to take Gibraltar, and I shall then exclude Italy on the heads of brothers and rela- the English from the Mediterranean. tions, who, besides being Princes of my They will lose Malta; and in the coast of House, conceive that they have contribut- Africa and Egypt, I shall find colonies sued to my elevation to the throne. Your perior to those I have lost. France, from Majesty, who are aware that every thing its situation, needs no islands; and if your is linked together by immutable laws, will Majesty consider it topographically, you perceive the necessity that has compelled will observe that in reality none belong me to adopt this rule. As to what con- to her. In this point of view, Sicily, Sarcerns the alterations in the north, I assure dinia, Corsica, Malta, the Ionian islands, your Majesty that I have no particular and several of the Archipelago, will form' interest in them. I have merely permit- the patrimony of your Majesty's line, ed them with the view of diminishing the which, in that case, may look upon itself power and influence of Russia, which, re- as the England of the Mediterranean. garding the other states of Europe as con- Let not your Majesty persist in the wish tinually divided, and always having different interests, like the republics of Greece in ancient times, may one day become what Macedonia was in respect to them; and the present Alexander, perhaps, subjugate more nations than he who penetrated as far as India. The prejudices of the House of Austria, which has impoliticly exerted itself to sustain the rights of that of Bourbon, have hitherto made me act in opposition to my intentions, so that I have been obliged to temporize with the Czar of the Russians, whose interests are different from mine, and whose inclinations follow the impulse given them by the intrigues and parties in his court. The late war with Austria has enlightened the Emperor Francis with regard to his interest; and I, who am attached to the old system of France, have proposed and obtained an alliance with one of his daughters. It is with the highest satisfaction that I announce to your Majesty this stroke of my policy, which, at the same time that it will confer happiness on the greater part of Europe, will open a way for me to obtain the regard and esteem of your Majesty. I am anxious that this marriage should be represented by your Majesty to Europe to be what it truly is, just, equal, and proper. I, who am faithful to my promises, and powerful

recover the states which your family formerly possessed in Italy.-Imperious circumstances have compelled me to make so many variations, that it is now impossible to alter them, and the islands above enumerated are a complete equivalent. I have explained my ideas to your Majesty, at full length, and have spoken to you with that sincerity which becomes one who is on the eve of being your nephew. From henceforth, all feelings of rancour, animosity, and passion, should cease. I forget the injuries I have received; and your Majesty ought to regard me as your relative and your ally. My cause and my interests ought to be those of your Majesty, as those that belong to you shall be mine. I shall aggrandize the dominions of the House of Austria, restore her to her ancient splendour, make her mistress of the Danube, give her ports on the Black Sea, and, in short, a navy, which shall command the whole of that sea, and whose flag will be respected in the Archipelago.

"I will assist her in her quarrels with Russia; and the Princes, the brothers of the Emperor Francis, shall reign over countries which that power has usurped ever since the time of Peter the Great. In recompence for all this, I require only the friendship, the good-will of your Ma

jesty. Upon this depends the happiness 2. The proprietors of such magazines

of more than an hundred millions of souls; and I, who am interested in the welfare of so many nations, pray and supplicate your Majesty to second my intentions. Let not prejudices, erroneous views of interest, and, above all, the seductive artifices of the English, cause your Majesty to lose so favourable a conjuncture.

lying between the distance of two thousand, and that of five thousand rods from the sea-coasts, shall be at liberty to clear and carry off the same, within the space of 14 days, under the authority of inland permits.

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3. All licensed retail dealers shall de"Let your Majesty, availing yourself liver in at the nearest office of the Direcof your natural talent and perspicacity, tor by Water, a special declaration in avoid being surprised by those who hover writing of their stock in hand. about your spouse. May Europe not see herself frustrated of this basis of felicity; in consequence of which, the interest of delivered to the retail dealers, to ascertain 4. The necessary sufferances shall be all the dynasties being conciliated, they the colonial goods and manufactures which may fall with their whole weight upon they may keep on hand in order to carry the pirates! May the present generation, on their trade. This stock shall be reguin front of whom Providence has placed lated by the average of the extent of their. us, witness the sacrifice which Monarchs licences, and the amount of their payshall be disposed to make of their pas-ments to the weigh-house tax, in case sions! This I expect of your Majesty, they are rated thereto. The quantity, and so I entreat that he may take you into however, shall in no case exceed one-third his holy and worthy keeping, &c.". of the annual sales.

NEW DUTCH DECREE.

Louis Napoleon, by the Grace of God and the Constitution of the Kingdom, King of Holland, Constable of France.

5. The local authorities shall, within the shortest possible period, transmit to the Director-General of the Middelen te Water, lists of the licensed shop-keepers within their respective districts, dealing in

with a statement of the sum they are rated colonial commodities and manufactures, at, to the weigh-house tax, which state

Upon the Report of our Minister of ment they are empowered to demand of Finance, of the 21st of May, 1810, &c.len te Lande. The said lists are to be the Receiver or Collector of the MiddeWe have decreed, and hereby decree,

Art. 1. The line of two thousand rods, established by our decree of the 25th of May, 1809, No. 25, and further described in our decree of the 3rd of November, 1809, No. 12, within which limits, with the exception of certain places therein mentioned, and the Town of the Hague, are prohibited all magazines, depots or warehouses of colonial goods and English manufactures, or articles held to be such according to the Proclamation of the 31st of May 1805, is extended to the distance of five thousand rods from the sea-coasts. All unlicensed magazines found within the former space, shall be put under sequestration, to be disposed of in such manner as shall be farther provided.

to make the Director-General more parti-
accompanied with such remarks as tend
cularly acquainted with their local in-
terests in this respect.

lished in the Bulletin of Laws.
6. The present decree shall be pub-

7. Our Minister of Finance, Justice, and Police, and also the Director-General of the Middelen te Water, are charged with the execution of the present decree.

24th day of May, in the year 1810, and Given at our Palace at Haarlem, this of our reign the fifth.

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Published by R. BAGSHAW, Brydges-Street, Covent Garden :-Sold also by J. BUDD, Pail-Mall,. LONDON:-Printed by T. C. Hansard, Peterborough-Court, Fleet-Street,

VOL. XVII. No. 26.] LONDON, SATURDAY, JUNE 30, 1810.

961]

TO THE

READERS OF THE REGISTER.

[Price 18.

-[962

to be had, with reference to the se-
veral Papers signed
66 Francis Bur-
dett;"the Contents of which re-
lated to his being apprehended and
committed to the Tower of London,
and which Papers were communi-
cated to the Hou e, by Mr. Speaker,
upon the 13th and 17th days of April
last ;-and to report such facts, as
they may think necessary, together
with their opinion thereupon, from
time to time, to the House-And to
whom the matters stated by the Ser-
jeant at Arms attending the House,
and the Process served upon him in an
Action at Law by Sir Francis Burdett;

and also the Summons served on Mr. Speaker, and the Notice of Declaration delivered to the Serjeant at Arms, at the Suit of the said Sir Francis Burdett; were referred ;-And to whom the Report was re-committed, which was made from the said Com

I trust, that, when the situation, in which I am now placed, is considered, I shall be excused for not having any thing of my own to present to the public.Since the Trial, I have been compelled to leave my home (to which I hastened on the day of the Trial), in order to go to London to put in bail for my appearance to receive judgment. From London it was absolutely necessary to return hither, in order to make some little arrangement in my affairs here, which have, hitherto, been always managed by myself. To do this, even in a very imperfect manner, would require every moment of the time that I can remain here; and, therefore, I think that no apology will be thought necessary for my not writing any thing for publication this week. Indeed, to write to any purpose, with one's mind and heart pulled so many ways is impos-cise of the power of Commitment by the sible. It would be vain to attempt it. WM. COBBETT.

Botley, June 29, 1810.

N. B. It was my intention to have closed the Volume with this Number, but there has not been time to make out the INDEXES and TABLES.

Second REPORT from the Select Committee
on Proceedings relative to Sir Francis
Burdett -[Ordered, by the House of
Commons, to be printed, 23d May 1810.
-For First Report, see p. 859.]
The SELECT COMMITTEE appointed to
consider of the Proceedings had, and

mittee; -Have, pursuant to the Orders of the House, further considered the matters referred to them; and have agreed to the following RE

PORT:

Your Committee, resuming the consideration of the principal matters reserved in their former Report, do not think it necessary to state all the various Precedents which are to be found of the exer,

House of Commons for Breaches of Pri vilege and Contempt in general, conceiv ing that to be a power too clear to be called in question, and proved, if proof were necessary, by the same Precedents, which they have collected with a view to the point to which they have more immediately directed their attention, and which Precedents are subjoined to their Report. -The Cases which your Committee have selected as most directly connected with the subject referred to them, are those of Commitments for Libel, an offence which tends to excite popular misapprehension and disaffection, endangers the freedom of the Debates and Proceedings in Parliament, and requires the most prompt interposition and restraint. The effect

H

of immediate punishment and example is | Flower, 8 Term Reports, p. 323, who required to prevent the evils necessarily had been committed by the House of arising from this offence, which evil it Lords. And your Committee have not is obvious would be much less effectually found the authority of a single decision guarded against by the more dilatory to the contrary in any Court whatever. proceedings of the ordinary Courts of Your Committee also beg leave to state, Law; nevertheless upon some occasions that the Judges of the Common Law the House of Commons have proceeded have considered Libels upon their Courts against persons committing such offences, or the proceedings in judicature as Conby directing Prosecutions, or by address- tempts, and have frequently punished ing his Majesty to direct them, as ap- the authors and publishers of them by pears by the Precedents collected in the summary commitment. This appears Appendix.-From the series of Prece- from various instances stated in the Apdents which your Committee find on your pendix which have occurred both in Journals, it will most clearly appear that Courts of Law and Equity.-Amongst the the House of Commons have treated Li- Judges who have concurred in those debels as Contempts; that they have fre- cisions, upon the power of Parliament quently punished the Authors and Pub- and of the Courts of Law and Equity to lishers of them by Commitment, whether commit for such Contempts, are to be those Authors and Publishers were or found Lawyers the most distinguished were not Members of the House; and for their zealous regard for the liberty of that this power has been exercised at all the subject, and the most upright, able and times, as far back as the Journals afford enlightened men that ever adorned the an opportunity of tracing it. And your seat of justice; and the doctrines laid Committee cannot forbear observing, that down by them all coincide with the opithe Precedents subjoined to their Report nion solemnly delivered by Lord Chief establish this Law of Parliament, upon the Justice De Grey in Crosby's Case, that ground and evidence of an immemorial the power of Commitment is " inherent in usage, as strong and satisfactory as would the House of Commons from the very nabe held sufficient in a Court of Law, for ture of its institution, and that they can the establishment of any legal right. commit generally for all contempts." "" 3 Your Committee also beg leave to observe, Wils. p. 198.-Under all these circumthat the general power of Commitment stances, your Committee can have no hewas solemnly asserted by the House of sitation in submitting their decided opiCommons in 1675, and in their Resolu- nion, that the power of Commitment for tions of 1701; and was also claimed by a Libel upon the House, or upon its memthe House of Commons, and admitted bers, for or relative to any thing said or by the House of Lords in the most ex- done therein, is essential to the Freedom plicit terms, in the Conference between of Debate, to the Independence of Parthe two Houses in the case of Ashby and liament, to the security of the Liberty of White, in 1704; although other points the Subject, and to the general preservation arising in that case were strongly contro- of the State-This power is in truth part verted between the two Houses.-Your of the fundamental Law of Parliament;. Committee further state, that it has been the Law of Parliament is the Law of the recognized by legal authority, and by Land; part of the Lex Terræ, mentioned the most solemn decisions of the Courts in Magna Charta, where it is declared, of Law on various occasions, whenever any that no Freeman shall be taken or impris question upon it has been brought before soned but by lawful judgment of his them:-By eleven of the Judges-in the Peers, or by the Law of the Land;" and it Case of the Aylesbury Men. 2 Lord Raym. is as much within the meaning of these p. 1105. 3 Wils. p. 205.-By the Court words," the Law of the Land," as the uniof King's Bench-in Murray's Case. Iversally acknowledged power of ComWils. p. 299. 175. By the Court of mitment for Contempt by the Courts of Common Pleas in the Case of Brass Justice in Westminster Hall, which Courts Crosby. 3 Wils. p. 203. 1771.-By the have inherent in them the summary Court of Exchequer-in the Case of Oliver. power of punishing such Contempts by 1771. And that this power of Commit- Commitment of the Offenders, without ment by either House of Parliament, the intervention of a Jury.-Your Comwas further recognised by the Court of mittee therefore are of Opinion, That this King's Bench in the Case of Benjamin | Power is founded on the clearest princi

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