BILL

FOR

SUSPENSION

OF

HABEAS CORPUS.

a

. [23 his majesty's faithful subjects, to notice of the secret committee consider whether it be not pos- being omitted. No opposition was sible that your secret committee accordingly made to its reception; may have been misled, by what though not till several lords had they may have deemed good evi- taken the opportunity of discussdence, as to other parts of their ing the conduct of the committee, recent report; and, at the least, by way of attack' and defence. your petitioner humbly prays that your lordships will, in your great condescension, be pleased to permit your petitioner to produce all On February 24th, a bill for the the books and papers of the Lon- suspension of the Habeas Corpus don Union Society at the bar of act was moved in the House of your right honourable House, Lords. It was introduced by where your petitioner confidently Lord Sidmouth, who began his assures your lordships that he is speech by an eulogy upon the ready to prove all and singular manner in which the secret comthe allegations, contained in this mittee had laid its discoveries bis most humble petition.

before the House. There were “And your petitioner will ever three principal features to which pray. « THOMAS CLEARY.” he would advert: 1. That no

Some words applied by the Earl doubt was left in the minds of after he had read the petition, the committee, that a traitorous produced a warm attack upon correspondence existed in the mehim for the violation of order, in tropolis, for the purpose of overwhich other speakers defended throwing the established governhim. At length, upon his motion, ment: 2. That the committee are that it should lie upon the table, deeply concerned to report their a debate ensued, when Earl Grey full conviction, that designs of moved for an adjournment to the this nature have not been confined following Friday. This was dis- to the capital, but are extending posed of by Contents, 18; Non- widely through the most populous Contents, 64. The motion for and manufacturing districts : 3. laying the petition on the table, That such a state of things cannot was then put and negatived. be suffered to continue without

On February 24th, Earl Gros- hazarding the mo't imminent and venor appeared again with Mr. dreadful evils. After descanting Cleary's petition, respecting which upon these points, his lordship he said, that the learned Lord on proceeded to set in a strong light the Woolsack had declared, that the actual danger into which the the petition could not be received, public welfare was brought; and because it alluded to the report of he touched upon the riot in the the House, of which the petitioner capital on December 21, and upon could not be cognizant, neither bis own active services in suphad it as yet been brought before pressing it He was thence led to the House. It was now tendered take into consideration certain in such a shape as, he trusted, provisions of former legislatures, would remove any objection, all to guard against public evils ; and

he

he intimated the intention of the tion, namely, a comparison bepresent ministers, to renew some tween the present day, with the measures of this kind. In fine, period of 1795 ; of which there he came to the direct point of the was the leading and undeniable suspension of the Habeas Corpus, distinction, that in the first case, of which he said he was sincerely all the mischiefs against which the grieved to be the instrument, enlargement of the powers of the especially in a time of profound crown went to provide, sprung peace. But it was one extraor- mainly from the French revoludinary quality of the British con- tion. From France the dangers stitution, that the powers of the were apprehended, and to the executive government could be machinations of agents from that enlarged, if by such means that country, the energies of the goconstitution would be better se vernment were directed. But to cured. He required the suspen- what were the principles of our sion of the Habeas Corpus act, in modern system of policy directed, pity to the peaceable and loyal in- when our army in Spain was enhabitants of the country, for the gaged in a succession of triumphs, protection of the two Houses of and when the nations of the conParliament, for the maintenance tinent, in imitation of our exof our liberties, and for the se- ample, were resolved to make a curity of the blessings of the con- determined struggle for their institution. It was not merely the dependence? It was to this—that lower orders which had united in we had actually extinguished the these conspiracies; individuals of spirit of Jacobinism, and that the great activity, resolution, and war had assumed a different comenergy, were engaged in the con- plexion. The peace followed, and test.

it was one which the noble marThe Marquis Wellesley said, that quis severely reprobated. To the when parliament was called upon want of stipulations in favour of to alter the existing laws of the England, he attributed the revival land, ministers should be able to of Jacobinism ; but how did it lay before it a plain distinct case, happen, said he, that ministers, founded upon powerful and irre- when they had ascertained the exsistible evidence, in order that it istence of a presumed traitorous should be justified in doing that conspiracy in the metropolis, and which in ordinary circumstances were aware, as they now profess, would be a direct infringement of that the provisions of the law the public freedom. Unless the were incompetent to control it, ministers of the crown could un. did not at once resort to measures questionably prove, that such a to put it down? case cannot be restrained by the After various other observations, ordinary course of law, they are which it is unnecessary here to renot warranted in demanding the peat, the Marquis concluded with extension of extraordinary powers. affirming, that he must conscienThis subject led him to consider tiously declare, that up to the what he must regard as the grand moment he was then speaking, he and prominent part of the ques. had not seen such evidence as

convinced him that the dar.ger be considered was, whether a was to alarming as had been re- sufficient cause now existed for presented. Great discontents un- the suspension of the Habeas Grabiedlv existed; seditious prac. Corpus ? On the present occasion taces evidently prevailed; yet he government hail the fullest proof was not satistied, th it they existed (if they were to believe the report) in that shape and character which of a trea-onable conspiracy in the justined the suspension of the metropolis to overturn the constiHabeas Corpus.

tution, and that the same system The Earl of Liverpool, in his was spread over a great part of reply to the Marquis, began with the country. Was it then too absolutely denying, that the dis much to contend, that under such coatent and distress under which circumstances it was proper to ve laboured, were attributable to recur to the course which our the late peace; and he believed it ancestors had pursued in similar Brver entered into the heads of dangers ? He felt all the importany one to imagine that such was ance of the measure that was now Ebe consequence. So far from the proposed; but he would not allow fat being such as the Marquis any imputations that might be instated, our trade and manufac- sinuated to preclude him from the tures were never so extensive as conscientioris discharge of his danage the years 1814 and 1815. duty. What he asked of parliaThe onzin of our distress was to ment was to entrust the Prince be traced to a totally different Regent's ministers with that ans from that of foreign trade : power for a short timema most * fact it might be originally odious one, he agreed and which thered to the distress of our agri- ought not to be confided to any aaral interest The next topic man. or any set of men, except in

ise Marquis's complaint was such cases as now, he apprhended, De wetting of parliament, and it justified him in calling for it. und, why it was not earlier Earl Grey, after various preliBermird, when ministers must minary remarks against the probure kraan the dangers of the posed motion, argued in the first pneen it did not however follow, place, that any conspiracy attended U bev2.e there were clubs, with an utter improbability of Dret ad, and publications of a success, as the present was alWAP.Zotias nature, that therefore lowed to be, was not a case that Serpe were distinct proofs of a called for a suspension of the

av upon which govern- Habeas Corpus Who were the meni a. <ht proveed rapitally. lo chief actors in this conspiracy?

* *a* mot till within three Were they persons of great con*1998 sd the actual meeting of sequence and co nexions in the

ont, that m Disters were country? No. They were mi-erable * *n of that knowledge. wriches reduced to the lowest

I kasi then proceele i to poverty and distress. What was temu w tle question more im- their object : To produce insur2. 18. keluate their lord hugs; rection by calling persons togesa J. Ibal the real point to ther on the pretext of parliamenhe intimated the intention of the tion, namely, a comparison bepresent ministers, to renew some tween the present day, with the measures of this kind. In fine, period of 1793 ; of which there he came to the direct point of the was the leading and undeniable suspension of the Habeas Corpus, distinction, that in the first case, of which he said he was sincerely all the mischiefs against which the grieved to be the instrument, enlargement of the powers of the especially in a time of profound crown went to provide, sprung peace. But it was one extraor- mainly from the French revoludinary quality of the British con- tion. From France the dangers stitution, that the powers of the were apprehended, and to the executive government could be machinations of agents from that enlarged, if by such means that country, the energies of the goconstitution would be better se- vernment were directed. But to cured. He required the suspen- what were the principles of our sion of the Habeas Corpus act, in modern system of policy directed, pity to the peaceable and loyal in- when our army in Spain was enhabitants of the country, for the gaged in a succession of triumphs, protection of the two Hlouses of and when the nations of the conParliament, for the maintenance tinent, in imitation of our exof our liberties, and for the se- ample, were resolved to make a curity of the blessings of the con- deterinined struggle for their institution. It was not merely the dependence! It was to this--that lower orders which had united in we had actually extinguished the these conspiracies ; individuals of spirit of Jacobinism, and that the great activity, resolution, and war bad assumed a different coin. energy, were engaged in the con- plexion. The peace followed, and test.

it was one which the noble marThe Marquis Wellesley said, that quis severely reprobated. To the when parliament was called upon want of stipulations in favour of to alter the existing laws of the England, he attributed the reswal land, ministers should be able to of Jacobinism; but how did it lay before it a plain distinct case, happen, said he, that ministers, founded upon powerful and irre. when they had ascertained the exsistible evidence, in order that it istence of a presumed traitotous should be justified in doing that conspiracy in the metropolis, and which in ordinary circumstances were aware, as they now profess, would be a direct infringement of that the provisions of the law the public freedom. Inless the were incompetent to control it, ministers of the crown could undid not at once resort to measures questionably prove, that such a to put it down? case cannot be restrained by the After various other observations, ordinary course of law, they are which it is unnecessary here to renot warranted in demanding the prat, the Marquis concluded with extension of extraordmary powere. athmink, that he must conscienThis subject led him to consider tiously declare, that up to the what he must regard as the grand moment lie w.us then speaking, he and prominent part of the ques. hud og sera surt einenc: R

(onvinced

convinced him that the danger be considered was, whether a was so alarming as had been re- sufficient cause now existed for presented. Great discontents un- the suspension of the Habeas doubtedly existed ; seditious prac- Corpus ? On the present occasion tices evidently prevailed; yet he government had the fullest proof was not satisfied, that they existed (if they were to believe the report) in that shape and character which of a treasonable conspiracy in the justified the suspension of the metropolis to overturn the constiHabeas Corpus.

tution, and that the same system The Earl of Liverpool, in his was spread over a great part of reply to the Marquis, began with the country. Was it then too absolutely denying, that the dis much to contend, that under such content and distress under which circumstances it was proper to we laboured, were attributable to recur to the course which our the late peace; and he believed it ancestors had pursued in similar never entered into the heads of dangers ? He felt all the importany one to imagine that such was ance of the measure that was now the consequence. So far from the proposed; but he would not allow fact being such as the Marquis any imputations that might be instated, our trade and manufac- sinuated to preclude him from the tures were never so extensive as conscientious discharge of his during the years 1814 and 1815. duty. What he asked of parliaThe origin of our distress was to ment was to entrust the Prince be traced to a totally different Regent's ministers with that cause from that of foreign trade; power for a short timema most in fact it might be originally odious one, he agreed—and which traced to the distress of our agri- ought not to be confided to any cultural interest. The next topic man. or any set of men, except in of the Marquis's complaint was such cases as now, he apprhended, the meeting of parliament, and it justified him in calling for it. was asked, why it was not earlier Earl Grey, after various preliassembled, when ministers must minary remarks against the prohave known the dangers of the posed motion, argued in the first country: it did not however follow, place, that anyconspiracy attended that because there were clubs, with an utter improbability of meetings, and publications of a success, as the present was aldangerous nature, that therefore lowed to be, was not a case that there were distinct proofs of a called for a suspension of the conspiracy upon

which

govern- Habeas Corpus. Who were the ment might proceed capitally. In chief actors in this conspiracy? fact, it was not till within three Were they persons of great conweeks of the actual meeting of sequence and co nexions in the parliament, that ministers were country? No. They were miserable in possession of that knowledge. wretches reduced to the lowest

The Earl then proceeded to poverty and distress. What was touch upon the question more im- their object? To produce insurmediately before their lordships ; rection by calling persons togeand he said, that the real point to ther on the pretext of parliamen