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the report recently received from a third secret committee, could never be laid aside in the consideration of this measure. Although the bill of Indemnity was not their necessary consequence, its merits could not be fairly understood without a constant reference to them. It was an important part of them, that the authority of the last committee directly sanctioned the belief, that although a traitorous conspiracy no longer existed, yet that the disposition out of which it had before grown, remained unaltered and unabated, as far as could be judged from the conduct and declarations of those who had already been the principal objects of suspicion.

The hon. and learned gentleman had asked, why, if the law had not been exceeded by ministers, was a bill of Indemnity called for? To this he would answer, that ministers were not anxious to have the bill passed on their own account, as they could easily justify themselves for what they had done; but they were desirous that the sources from which they had obtained information, should not at present be disclosed. Besides, it was found, that though there no longer existed a necessity for the suspension of the Habeas Corpus act, yet such was the state of the country, that the utmost vigilance was necessary, as there still existed in the minds of many persons a disposition to disturb the public peace. This being the case, it would be highly improper to point out those persons whose information enabled government to check in time those evils

which threatened to over-run the country.

The hon. and learned gentleman had dwelt with particular emphasis on the enormity of authorizing, by virtue of this bill, the proceedings of those magistrates who had searched the houses of individuals for papers, under the authority of lord Sidmouth's circular letter on the subject of libels. Surely he had not read the recital of this bill, when he ascribed such an interpretation or meaning to it, and dwelt with so much pathos and effect upon the evil of such a construction. He had, however, presumed that such was the nature of the bill, for he maintained that it could not possibly apply to the apprehension or seizing of papers of any except persons suspected of treasonable practices. If in such cases magistrates had overstepped the strict legal limits of their authority in search of evidence so material to the discovery of the treason, would the House not say that their meritorious exertions did not entitle them to legal protection? (Here Sir S. Romilly said, across the table, that in such cases the magistrates would have acted according to law).

The Solicitor General in continuation remarked, that all then which could be alleged against the bill was, that it was unnecessary. He then touched upon the case of Swindells, Oliver, and some other dangerous offenders ; and in answer to the question, whether those persons who had suffered by imprisonment on suspicion of treason were to be denied all redress, he made the following

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reply that private interest must in extraordinary cases give way to the public welfare; and that it were better some private injury should be sustained, than that the constitution should be endan. gered, which would be the case, if those persons were allowed to act with impunity. He further added, as a reply to the objection of his antagonist to the bill, because it was not merely co-extensive with the Suspension, but went as far back as January; that if ministers or magistrates found it necessary to arrest disaffected persons before the Suspension of the Habeas Corpus act, they were as much entitled to protection for having so done, as they were for their acts during the Suspension.

Such were, for the most part, the observations made by the Solicitor-general in relation to the

keen attacks with which Sir Samuel Romilly supported his own cause. As we have already dwelt, perhaps too largely, upon the proceedings which the Indemnity bill excited in the House of Lords, we shall cut short all the remaining argument in the House of Commons, and only mention the result of the whole debate.

The question being put, that the Speaker do now leave the chair, the House divided, Ayes, 238: Noes, 65. Majority, 173.

On March 13, the Attorney General having moved, That the Indemnity bill be now read a third time, the question was put on the third reading, which was carried by 82 against 23. After several amendments were negatived by the majority, the bill passed without farther discussion.

CHAPTER

CHAPTER V.

Lord Arch. Hamilton's motion relative to the burgh of Montrose.The Navy estimates moved by Sir G. Warrender.-Army estimates introduced by Lord Palmerston.

ON

N February 13th Lord Archibald Hamilton rose to make his promised motion relative to the late transactions in the burgh of Montrose. He said that he should commence by declaring what his intended motion was not; and then proceed to state what it was. It was not any disguised motion for parliamentary reform, nor had it any necessary connexion with that unwelcome topic. His motion would be for the production to this House of those proceedings of the privy council which were technically called the Act or Warrant, by which a new election of magistrates had been granted by government to the burgh of Montrose, and a radical and important alteration had been made in the old constitution of that burgh. The learned lord advocate had declared in the last session, when he (lord A. H). had supported the prayer of some Scotch petitions for parliamentary reform, that the people of Scotland were satisfied with things as they were. They who had observed what had passed in that country for the last six months— who had noticed how many public meetings had been held for the sole purpose of considering the abuses and mismanagement in

their burghs-had seen how all the newspapers had teemed with resolutions from the different burghs stating their grievances— would find some difficulty in believing the learned lord's assertion of the former year. He need state one fact only to show the state of things in those burghs. The inhabitants of a burgh, who had no voice in the appointment of their magistrates, and no control over their conduct, were nevertheless informed that they were liable for whatever debts they might, in their magisterial capacity, contract. This abuse was founded on another still greater; namely, self-election in the magistrates; an abuse of such a nature, when applied to a body which had duties to perform, that the wit of man could not contrive a mode better calculated to produce the most domineering arro. gance in these municipal governors, and the most abject state of subjection and servility in the helpless governed.

He would now proceed to detail the particulars which had occasioned his motion. In the course of the last year, an irregular election of the magistrates took place at Montrose. It was deemed, indeed, wholly void; and thus the burgh in its cor

porate

porate capacity had lapsed and become dormant. Application was made through the lord advocate, to the king in council, to re-establish the functions of the burgh, by granting what is called a poll-election; that is, an election of the magistrates and council by a general vote or poll of the burgesses; but besides this poll election, the act of the king in council had taken to itself the privilege of also granting a change in the set or constitution of the burgh; and this, he contended, was an usurpation of an illegal power. And although he was ready to admit that the alteration was an improvement and a benefit to the burgh, yet he must object even to a benefit, if conferred through the medium of an usurped and unconstitutional power in the crown. The crown was right in reviving the dormant power of election; but if any change was to be made in the burgh itself, it ought to be made by parliament, and not by the mere will of the crown, that is, by ministers. He had endeavoured to avail himself of legal authority in Scotland by every means in his power; and he could find no authority, dead or living, which would sanction this extraordinary power in the crown. What had been done, amounted to nothing more or less than this; that the crown took upon itself to alter the constitution of a burgh in such a way, as materially to affect the representation in that House. It constituted new offices to which the right of voting for a member of parliament was attached. It was no argument in favour of the proceedings to say, that the new set

granted to Montrose was superior to the old one. If the Crown, on its own specific authority, could give a constitution better and more enlarged than that which originally existed, it might, under the same power, or assumption of power, give one worse and more contracted. Thus the form, if not the existence, of all the Scotch burghs, were dependent upon the mere will of the crown, or rather upon the will or caprice of its ministers. What he called in question was, the power of the crown to alter the constitution of these burghs, and not the power of reviving their lapsed or dor. mant existence. Supposing that parliament should take into consideration the mismanagement and decayed state of the Scotch burghs, and should effect an amelioration of their condition, what cause would Scotland have to rejoice in such a just and beneficial measure, if a moment afterwards his majesty's ministers might abrogate all that had been done, by granting a new set, and making what alterations in it they pleased. There was another point to which he wished to advert. The learned lord knew very well that there was a society in Scotland called the Conven. tion of Burghs, which claimed its power by law, and certainly had in fact exercised the power of altering the constitution of several burghs. Now, if this convention had such right, and if his majesty's government had also the same right, he begged to know to which of these authorities the burghs must submit? Many of the burghs of Scotland were so overwhelmed with debt at this moment,

that

that little or no revenue remained for their current expenses; and the burgesses felt considerable alarm for their own individual and private property. It had already happened in one case, that no person could be persuaded to undertake the office of magistrate. If no political interests were concerned, he was sure that the state of long-continued abuse they had suffered, and of degradation into which they were fallen, would excite the sympathy of all parties in the House. The noble lord concluded with moving, That there be laid before this House a copy of the Act or Warrant of his Majesty in Council, dated in the month of September 1817, authorizing the guild brethren and inhabitant burgesses in the burgh of Montrose, to elect [fit persons to be magistrates and town councillors of the same, and authorizing and ordering an alteration in the former set or constitution of the said burgh in all time coming.

Lord Castlereagh said, that the reform which the noble lord wished, would lead to an extensive change in the burgh elections of Scotland, and would therefore carry reform into the representation of that part of the country. There might be defects in that part of the administration, as there were defects in every institution; but in so far as his majesty's ministers were acquainted with the state of the country, there was no part where the population was in a sounder condition than in the burghs of Scotland. There seemed, however, a defect in the law of Scotland with respect to the burghs,

who had no power at present to take cognizance of the pecuniary concerns, and to enter into the subject of the administration of the funds of these burghs; but this evil would be obviated by the bill of which notice had been given by his learned friend, the lord advocate. It was vain to think of separating the question of reform, from giving to the burgesses the faculty of electing their magistrates: and the noble lord could not state any practical utility in the projected change, except with a view to a reform in parliament. As to the question of the legality of what had been done, it was rather for the decision of a court of law, than for that of the House. Now, there was no individual of Montrose affected by the change who had not his legal remedy, and who might not question the legality of the election of magistrates under the new charter. The noble lord had argued, that though the present arrangement for the burgh of Montrose was good in itself, ministers might afterwards make other arrangements of a very different character to favour particular political views. But here the act had grown out of the circumstance of the suspension of all the powers of the burgh. The relief was generally solicited; there was not one complaining party; and therefore it was unfair to consider an act called for under such circumstances, the beginning of an arbitrary system of interference with the constitutions of the burghs.

After some farther observations, his lordship said, that upon these grounds he considered

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