« ПредишнаНапред »
on the law of nations; particularly jects to serve one belligerent, and of the celebrated Bynkershoek, who refuse them to another. He (Sir was President of the Courts of Hol- J. Mackintosh) begged to make one land. On the question, whether it more allusion to the time of James be a breach of neutrality to allow a 1. A great body of English troops friendly belligerent to levy troops commanded by one of the most galin your territory, he answers in the lant captains of his day, Sir Horace negative. In the war of the Bishop Vere, served against the Spaniards, of Munster against Holland, in 1666, and received pay from a foreign the States-General complained to power. Yet Gondomar, the Spanish the Governor of the Spanish Nether. Ambassador, whom the King (James lands, that he permitted the former was endeavouring by every means to to levy troops in his (the Governor's) conciliate, and to whose court he territories against the States. And was even then making the basest and what did he reply to them? That most abject submission, did not dare the Bishop of Munster was his friend, to ask that which was now propoand that the Spanish territories were sed in a British House of Commons
. as open to his levies as they were to Gondomar, the ambassador of a the States for the same purpose. A haughty and powerful court, the al. great breach of the law, forsooth! most Viceroy of Spain, and the murWhy, what would they say in the derer of a man eminent for all the case of one of the greatest princes accomplishments and splendid talents and most valiant leaders Europe ever of rare and unbounded genius, Sir saw ? Every body knew that the Walter Raleigh ; a poet, a philosogreat Gustavus Adolphus had with pher, a statesman, a skilful soldier
, him not a small proportion of British an intrepid seaman; in short, one of troops ; not a little smuggled army, those in whom appeared every te. and a few half-pay officers, on board quisite necessary for a character of a transport or two in the Downs, but heroic greatness—Gondomar, whose a Scotch army of 6,000 men; an influence procured his destruction, army which, united with a handful and whose power placed him beyond of other troops, enabled him to tra- punishment, even be never had the verse a great part of Europe, burst courage to demand of Parliament the slavish fetters which manacled such a concession. It was not more his country, and give liberty to Ger- important as a question affecting the many. And who was the commander ruined commerce of a great country
, of those 6,000 men ? Not a Sir Gre. than as a most dangerous precedent; gor M Gregor, of whom he knew because hereafter the envoys of delittle, and for whom he certainly car- spotic powers might besiege the ed nothing; but the Marquis of Ha. doors of a British minister, with milton, a man of the first distinction claims equally novel, unfounded, and and consequence in his own country, disgraceful, and say to him, " You and the personal friend of his King; cannot surely refuse to us what you from whom, however, he had no li have granted to such a man as Fercence. Yet, at that time, the Spa- dinand !” What they had refused to nish and Imperial Ambassadors were the greatest of modern military ty. resident in London ; but never pre- rants and despotic sovereigns; what sumed to make a demand like that they had denied to Louis XIV. and in question. Vattel had distinctly Philip II., they were required to give said, that it was no breach of neu- to Ferdinand VII., by whom the trality for a nation to allow its sub. feelings of all men breathing were
xcited in a way which he would not which amounted to a flagrant viola.
tally indebted. It had been said, from history in which the engagethat they (the Cortes) were not a ments of the subject in foreign serrecognised assembly: but had we vice had not only been permitted not ourselves accepted from them a but encouraged by the government
. trophy of the victorious successes The fact was certainly indisputable; which had distinguished the period but the honourable gentleman was of their government, and engraved not to learn, that in respect to miliupon it an inscription, in which their tary service the state of Europe had name was coupled with that of the materially altered since the time of greatest captain of the age? Yet Elizabeth and James I. Since those these were the very men who were times most material alterations had now doomed to languish in dungeons been made; but it was not the policy and obscurity, the victims of that of Government, but the temper of monarch in whose favour the mea. the times which had undergone a sure was proposed.
change. Instances of a contrary ten. Mr Canning, impelled by a sense dency, however, were to be found. of duty, rose, he observed, with con. It surely could not have been forsiderable reluctance, to remove the gotten, that in 1794 this country splendid impediment which the ho. complained of various breaches of nourable and learned gentleman had neutrality on the part of the United placed to what he thought the only States of America. What then fair and strict view of the case. In was the conduct of that nation? proceeding to reply to some of the Did the Americans resent these honourable and learned member's complaints as infringements of their statements, which certainly abound. independence ? Did they refuse to ed in eloquent invectives, he could take such steps as would ensure the assure him it was from no wish to observance of neutrality? An act pass lightly over his magnificent was immediately passed the legislaspeech. Was it the case that no ture of that country, which prohibitgovernment, actuated by a spirit of ed, under heavy penalties, the enfreedom, bad attempted to restrain gagement of their citizens in the the subject from serving in war any armies of any belligerent power. of the belligerent powers of the But was this the only instance in world? Was there any thing dis- which the Americans had been guilty graceful, was there any thing incom- of this compliance to the wishes of patible with that spirit of freedom, England ? It was but last year that in enabling a government to lay that the United States passed a law, by restraint upon the actions of the which the act of 1794 was confirmed subject? If so, how did it happen in every respect. This step was that the honourable gentleman ap- taken by Government, not because proved so cordially of the proclama- any concessions were expected, but tion of 1817? That was a proclama. because Spain was weak and powertion, which absolutely prohibited the less ; because her resentment, if at entrance of British subjects into the any time it might be roused, would Spanish colonies; and in this act, al- be followed by no evil consequences. most the only public one of the kind, The most eloquent appeals had been a high spirit of impartiality had been made to the magnanimity and geneshewn, which deserved imitation by rosity of this Government ; and it was every nation. The honourable gen- asked, why should there be any intleman had cited many instances terference? Did the honourable
entleman think that it would be a of jealousy and hatred, and who, if holesome state of things, that refractory, was not now languishoops for foreign service should be ing in a dreary dungeon. With a iffered to parade about the streets knowledge of these dreadful and the metropolis without the power melancholy facts, was Government f Government to interfere ?" If a to stand idle and see these gallant oreigner should happen to come in. men, deserving a much better fate, » our ports, and see all this mighty hurried away to suffer nothing but rmament equipped for foreign degradation, hatred, and punishment? ervice, he would naturally ask, He was not disposed to take any
be- With what nation are you at war?” nefit of the argument which might Che
answer would be, " With be founded on the character of the lone.” “ For what purpose, then,” Insurgent states; whether an acknowle would ask, “are these troops ledged or an unacknowledged power, evied, and by whom?” The reply he would maintain towards Spanish of course would be, “ Not by the America the strictest good faith; he Government, nor is it known for would cultivate her friendship by what service the army is intended; every legitimate means, but not by and be the service what it may, recruiting her armies with our solthe Government cannot interfere.” diers, not by a breach of faith to Would not this give the foreigner a Old Spain. If the executive Gohigh idea of the freedom of the Bri. vernment were not now armed with tish constitution ? He was, however, the requisite power, and if before most anxious that neither the House next summer the country should exnor the country should be deceived, hibit the scandalous and disgraceful either by the show of magnanimity scenes of lawless bands parading which was displayed by taking up through the streets, let not Ministers the cause, or by any idea of real uti- be blamed; for they had warned
lity this country might derive in for. Parliament of the danger, and had it warding the interests of the Inde. called on them for power to pres pendents. This country saved Eu. vent it. * ropean Spain. The fact was record- The right honourable gentleman
ed in the page of history; but did was followed by Mr Scarlett who Spain believe it? England by its ex- opposed, and Mr Serjeant Copley ertions might save South America; who defended the bill; and after a but would the Independents acknow- few remarks from Mr Brougham ledge it? No; all the troops which and Lord Castlereagh, the House recould possibly be sent, would be but solved itself into a Committee, when Aies
upon the wheel. Deluded by the bill was discussed, clause by false expectations, numbers flocked clause, several verbal amendments to this land of milk and honey ; but made, and thus amended, agreed to, they would soon find that all their and the report ordered to be receive mighty notions were disappointed, ed on the following day, which was and that at home they would have done accordingly; and on the 12th, obtained more riches than if they the bill was read a third time and bad sacrificed themselves to this passed. worthless cause.
There was not a In its passage through the Lords, man in South America, who had this bill gave rise to a great deal of there sacrificed himself, possessing very animated and interesting disany talents, who was not an object cussion, particularly on the motion of
the Earl Bathurst, for the House re- for exempting the commissione solving itself into a Committee to from making a report to either Hoe take into consideration its several of Parliament, that drawn up for the provisions and enactments. In its King in Council being sufficient. O progress, several amendments, im- the occasion of the third reading di posing various pecuniary penalties, the bill, Mr Peel availed bimselfs die were proposed and adopted. On the opportunity to remark rather se the 2d of July, these amendments verely and pointedly on some sup were sent down to the Commons; posed irregular proceedings of Jr and together with one proposed by Brougham, as Chairman of the CooMr Denman, that the informer who mittee for 1816. This called gave false evidence in the cases men- Mr Brougham, who defended him tioned in the act should be con- self against the charges brought forsidered guilty of perjury, and liable ward, and retorted on Mr Peel, in 1 to all the punishments inflicted on it strain of the most powerful and ce -agreed to, and these several a- ting sarcasm. A long desultory de mendments declared to stand part bate ensued ; but in the end, the bi of this bill. In this state, the bill was read a third time and passed. finally passed both Houses, and be- The attention of Parliament was came law,
this session, as usual, directed to The labours of Mr Brougham, on that most complex and inextricable the subject of the education of the of all questions, Parliamentary Re poor, are too well known to require form. We do not propose at pre any distinct specification, and too sent to enter upon this wide field of meritorious to need praise. There inquiry. Prejudice, interest, and can be no doubt, that numerous feeling, unite in attaching the grest and almost incredible abuses were body of men to the system as it a brought to light by the energy and present exists; and with the more perseverance of the Education Com- sober and less speculative class of mittee, and that the indefatigable the community, it always appears zeal, industry, and research of the dangerous in the extreme to put to Chairman deserved the splendid eu- the peril of an uncertain experiment, logium bestowed on him by Mr the substantial benefits that flow Wilberforce in his place in Parlia- from the existing state of the reptement. Although the substantive sentation, corrupt as it has been measure, in which the inquiries of calied. The value of any system is that committee terminated, was best determined by its practical ef
. lost, something in the way of legis- fects; and, in the affairs of men, exlative interference was loudly call- perience has often demonstrated that ed for. A bill was therefore intro- the actual result of innovating pa duced by Lord Castlereagh, in established modes can never be de which the greater part of the mea- termined or guided by the theoretical sures recommended by Mr Brou- principles upon which they progham was adopted; and in its pro- ceed. If a House of Commons that gress, several of his suggestions were represents the property, the wise received; particularly for increas- dom, the talents, and the feel
. ing the number of commissioners, ings of the community, be reckonin whose hands the bill proposed to ed the best that can be probably vest the care and superintendence formed, we shall have little doubt of all charitable endowments; as also in forming our estimate of the exist