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Commons Chamber

Volume 20: debated on Monday 9 February 1829

House of Commons

Monday, February 9, 1829

Minutes

Mr. HOBHOUSE presented a petition from the Inhabitant Householders of St. James, Westminster, complaining of the misappropriation of the parochial funds by the Select Vestry. He said it was his intention, in the course of the Session, to bring in a bill for the Regulation of Parish Vestries.—On the motion of Mr. Leake, it was ordered, that the petitioners against the return of Daniel O'Connell, esq. for the county of Clare, be at librty to question the said Election and Return by the renewal of their Petition (which was depending before the House at the end of the last session, within the next three sitting days.

Convention for the Settlement or The Claims on Spain

The Chancellor of the Exchequer presented by command of his Majesty, the following

CONVENTION between his MAJESTY and the CATHOLIC KING, for the Final Settlement of the Claims of British and Spanish subjects, under the Convention concluded at Madrid, March 12, 1823.

His Majesty the King of the United Kingdom of Great Britain and Ireland, and his Majesty the King of Spain and the Indies, being equally convinced of the great and almost insuperable difficulties that have presented themselves in carrying into effect, by means of the mixed commission appointed under the Convention concluded on the 12th of March, 1823, the stipulations of the said Convention, respecting the claims preferred by subjects of both nations,—have considered that the most speedy and efficacious manner of obtaining the objects which their Britannic and Catholic Majesties proposed to themselves in framing the Convention above-mentioned would be that of a compromise, or amicable adjustment, in which their said Majesties, by common consent should assign fixed and proportionate sums for the indemnification of the claimants of both countries, so that each of the two high contracting parties should possess the power of adjudging and satisfying the legitimate claims of its own subjects, out of the sums which each government should, for such purpose, receive from the other, or of distributing those sums among the individuals interested, by means of an arrangement mutually agreed upon.

With this view their Britannic and Catholic Majesties have nominated and appointed as their respective plenipotentiaries, namely:—His Majesty the King of the United Kingdom of Great Britain and Ireland, the right honourable George earl of Aberdeen, viscount Gordon, viscount Formartine, lord Haddo, Methlick, Tarvis, and Kellie, a peer of the said United Kingdom, a member of his Majesty's most honourable Privy Council, knight of the most ancient and most noble order of the Thistle, and his said Majesty's principal Secretary of State for Foreign Affairs; and his Majesty the King of Spain and the Indies, his excellency don Narciso de Heredia, count of Ofalia, actual knight of the royal Spanish order of Charles 3rd, knight grand cross of the American order of Isabel the Catholic, and of the legion of honour of France, councillor of state, and his said Majesty's envoy extraordinary and minister plenipotentiary on a special mission to the court of his Britannic Majesty; who, after having communicated to each other their respective full powers, found to be in due and proper form, have agreed upon and concluded the following articles:—

Art. I.—His Catholic Majesty engages to make good to his Britannic Majesty the sum of 900,000l. sterling, in specie, as the amount of the whole of the English claims presented to and registered by the mixed commission, established by the Convention of the 12th of March, 1823.

Art. II.—His Britannic Majesty engages to make good, in the same manner, the sum of 200,000l. sterling as the amount Of the whole of the Spanish claims, presented to and registered by the mixed commission, in pursuance of the said Convention.

Art. III.—It shall be lawful for either of the high contracting parties to cause to be adjudged within its respective territory the claims of its own subjects, in order to satisfy, within twelve months from the date of the exchange of the ratifications of the present Convention, such claims as shall appear to he just and legitimate, out of the sums which one of the high contract- ing parties shall receive, for this purpose, from the other; or it shall be lawful for the government of either of the said high contracting parties to agree with the persons interested, or their assigns, upon any other mode of arrangement which may be deemed most expedient for satisfying them within the same term, without the necessity of any previous and formal adjudication.

Art. IV.—The government of his Britannic Majesty shall retain in its possession the sum of 200,000l. sterling, which, by the second article, is to be made good to Spain, in order to set that sum against, or deduct it from, the 900,000l. sterling which it is to receive from the same; but it is expressly declared that this compensation is stipulated on the understanding that his Catholic Majesty, within the period specified in the preceding article, shall pay to his own subjects the amount of their legitimate claims against England, preferred under the Convention of the 12th of March, 1823, in specie, or in other effective value; and in such a manner that his Britannic Majesty may be exempted from every responsibility for the amount of such claims.

Art. V.—His Catholic Majesty shall effectuate the payment of the 900,000l. sterling, in satisfaction of the English claims, by instalments, in the following order:—

Two hundred thousand pounds sterling shall be delivered over on the day on which the exchange of the ratifications of the present Convention shall take place; and another like sum at the expiration of three months from the exchange alluded to.

The compensation mentioned in the preceding article shall be considered as the payment of 200,000l. sterling more; and the remaining 300,000l. sterling shall be made good by two instalments, at the rate of 150,000l. sterling; the one at six months, and the other at nine months, from the date of the exchange of the ratifications.

Art. VI.—The two last instalments of 150,000l. each his Majesty reserves to himself the power either of paying up in specie, at the time of that sum falling due, or of effectuating the payment by certificates of inscriptions in the English and Spanish language, expressing the purpose for which they are issued, bearing interest at five per cent per annum, payable half-yearly in London, at fifty per cent discount.

For this purpose, his Catholic Majesty shall, within three months from the date of the ratifications of this Convention, cause the sum of 60,000,000 of reals of vellon, in such inscriptions (being equal, at 100 reals to the pound sterling, to the sum of 600,000l. sterling), to be lodged in the Bank of England, or with the banker of the court of Spain in London, with instructions to deliver one-half of them to the government of his Britannic Majesty, for the use of the claimants, on the day of each of the said instalments falling due, provided they shall not be punctually paid in sterling money.

It is likewise hereby agreed that the govern- ment of his Catholic Majesty shall have the power of redeeming the inscriptions thus created, during the four years succeeding, and upon giving six months notice, at the rate of 55l. for every 100l. so delivered. After such period of four years, the Spanish government shall only possess the power of redeeming the inscriptions referred to at the rate of 60l. for every 100l.

Art. VII.—His Catholic Majesty shall be at liberty to effect the payment of the second instalment of 200,000,l. sterling mentioned in article V., by delivering, on its being due, 50,000l. in ready money, and 150,000l. in inscriptions at fifty per cent., making 300,000l. in inscriptions; but this arrangement is only to take place on the express condition that the payment of one of the two last instalments of 150,000l. sterling, mentioned in article VI., shall be made in ready money.

Art. VIII.—The inscriptions to be delivered by the government of his Catholic Majesty shall be, in all essential points, according to the form which is annexed to the present Convention.

Art. IX.—As soon as the said sum of 900,000l. sterling shall have been paid, all the bills of exchange, libranzas, and other documents, forming and constituting the value represented by the aggregate of the English claims against Spain, shall be given up to the government of his Catholic Majesty.

Art. X.—There shall be given up also, on the part of the government of his said Catholic Majesty, at the period specified in the preceding article, all the documents relative to the Spanish claims against England.

Art. XI.—To prevent any of those claims which shall be satisfied by the present Convention from again being produced under any other form or pretence, it is hereby agreed that the mixed commission appointed under the aforesaid Convention of the 12th of March, 1823, shall, prior to the cessation of the exercise of its functions, add to the lists already formed of the English and Spanish claims, presented to and registered by the same, such notes or remarks, relating to the documents in support of those claims, as may be deemed necessary, in order that the said lists and notes, after being given up to both governments in an authentic form, may serve them as a security, till the delivery of the original documents shall take place.

Art. XII.—The aforesaid Convention of the 12th of March, 1823, and the several articles and things therein contained, except so far as the same are altered by the present Convention, are hereby declared to be, and shall remain, in force.

Art. XIII.—The present Convention shall be ratified, and the ratifications shall be exchanged in forty days from the date hereof, or sooner if possible.

In witness whereof, the respective plenipotentiaries have signed the same, and have affixed thereto the seals of their arms.

Done at London, the 28th day of October in the year of our Lord, 1828.

(L. S.) ABERDEEN.

(L.S.) EL CONDE DE OFALIA.

Portugal

said, that, before he gave the notice with which he intended to conclude, he wished to offer a few words explanatory of the reasons which had induced him to deviate, in some degree from the course which he had intimated his determination to adopt on the first day of the session. He had observed, in reference to certain portions of his Majesty's Speech which adverted to our foreign relations, that, under existing circumstances, he should forbear to put any questions to his majesty's ministers on these matters. It was his intention to await a convenient opportunity for putting those questions. He felt that, for the present, his majesty's government were abundantly occupied with the great and healing measure which they had so wisely brought under the consideration of the House, and he was unwilling to divert their attention, or that of the House, from the discussion of the all-important question to which he alluded, by the introduction of other matters, which, however in themselves important, could not be compared to the momentous measure which was now happily about being carried into effect. He was further disposed not to introduce other topics upon which differences of opinion might arise, until his majesty's ministers had carried through parliament the bill for emancipating the Catholics, which they had pledged themselves to bring forward, and which would, in his opinion, be a greater boon than any that had been conferred since the glorious measure of the Bill of Rights. But occurrences which had taken place at the Azores, and other occurrences, the accounts of which had not at the time been published, induced him to adopt a different course. He had been anxious, in the first instance, to suffer a longer period to elapse, with a view not to embarrass his majesty's ministers, or to disturb the discussion of the great measure which they had pledged themselves to introduce. He now, however, hoped, that in the little interval of tranquillity between the conclusion of the discussions on the bill for the suppression of the Catholic Association to which bill it was not his intention to give any opposition, unless he were driven to do so on constitutional grounds, and the introduction of the Bill of emancipation, he should have an opportunity of bringing before the House questions which related to the interests of justice and humanity, and which were entitled to the serious attention of parliament. He would now give notice, that it was his intention, on the 19th instant, to move for " Copies or Extracts of Communications concerning the Relations which subsisted between this Country and her most faithful Majesty, Donna Maria 2nd, Queen of Portugal and Algarve."

Roman Catholic Claims—Petitions For and Against

The Marquis of Chandos presented a Petition against Emancipation, from the Parish of Hemel Hempstead.

said, that the signatures to the petition were certainly highly respectable, but that the petitioners were right in not intrusting it to him, as he could not omit the opportunity of stating, that during his whole life, he had never heard a single convincing argument against the spirit which now actuated the councils of his majesty's ministers. He had never heard a single argument against toleration, and particularly toleration towards their Catholic fellow-countrymen, which carried conviction to his mind.

said, it was by no means his wish or intention to disparage this petition, and others of a similar kind. In the present prosperous state of the Catholic question, it would be in the highest degree unbecoming to apply hasty or indignant language to the conscientious opponents of that great measure. He could not, however, avoid remarking, that the petitions at present before the House had been adopted before the promulgation of his Majesty's gracious Speech, and that had the change, which had taken place in the views of government, been known to the petitioners it was highly probable that they would have adopted quite different petitions. Had these petitioners been previously made acquainted with the declaration of ministers, that this measure of emancipation was absolutely necessary for the safety and tranquillity of the State, and that it would be accompanied by satisfactory securities for the maintenance of the Protestant institutions of the country, it was highly probable they would never have sent forward such petitions to the House He regretted to observe, that a similar petition had been adopted at one of the seats of science and literature. It appeared that the University of Oxford was assembled to petition against emancipation on the very morning of the day on which ministers had declared their opinion, that this measure of emancipation was necessary for the public safety. It remained to be seen what that learned body would now do. He entertained for it the highest respect, and trusted most sincerely, when they came to consider the propriety of accepting that resignation which the overstrained delicacy of the right hon. gentleman (Mr. Peel) had induced him to tender, that they would see the wisdom of continuing the right hon. gentleman's valuable services, and would by that determination, as it were, virtually withdraw the opposition to the Catholic claims, which they had been so unwarily induced to give to it.

said, he was surprised to hear the language which had been used by the right hon. gentleman who had last spoken. He had spoken of the King's Speech as if it were a command that could not be disobeyed; and seemed to take it for granted, that the Protestants were, until its promulgation, totally ignorant of the change which had occurred in the sentiments of his majesty's government. They were certainly not unprepared for it. A masked battery had been previously opened by the great Captain, which had somewhat discomfitted them; and his right hon. friend, the member for Derry, in a speech there some months ago, had let the cat out of the bag, and they now saw the whole of her body. It was not easy to understand how such remarkable changes could have been effected in the opinions of government, and he could not avoid supposing that Wesley, the head of the Methodists, an ancestor, he believed, of the noble duke, might have had something to do with it. Be the change, however, produced by whomsoever, or in whatever manner it might, the Protestants were staunch to their own cause. The tables of the House would be covered with petitions against the measure. Nothing short of an aberration of intellect could have induced his hon. friends opposite (would to God he could still call them his friends!) to come down to the House and thus suddenly exclaim " Oh! this can't be helped—what the Catholics ask must be done."

complained loudly of the conduct of the government, and declared it was a new thing to hear that it became the duty of members to yield implicit obedience to the recommendation of the Throne, without consulting the feeling of the people—that was a new doctrine to which he would never submit, and against which the people should raise their voice.

said, he had no doubt on his mind, that both in Ireland and England meetings would be held and petitions adopted against this measure. Sure he was that no change in the opinions of the government would induce the petitioners to change theirs. He would state advisedly, that such a manifestation of Protestant feeling would be made in both countries as to astonish the government. He could not help expressing his surprise, that the right hon. gentleman (Mr. Peel) should have changed his principles, and still consent to remain in office. The country had lost its confidence in the government, and he participated in the withdrawal of that confidence. As an humble individual, but as the representative of a large Protestant county, he would declare that his sentiments remained unaltered, and that he was determined to stand by that constitution, which was essentially, exclusively, and fundamentally Protestant.

said, it was with feelings of great pain that he differed on this question from those with whom he was in the habit of acting in public life, as well as with those to whom he was attached by the nearest and tenderest ties in private. He could not, however remain, silent at this moment, lest that silence should be construed into an abandonment of the principles he had hitherto maintained. His opinions remained unchanged, and he could not avoid deploring the course which the government were about to adopt. Had they done before this what they were about to do now—had the laws been put in force, and the Catholic Association suppressed—the government would not have been driven to the miserable alternative of seeking to remedy pressing evils at the risk of incurring the greatest dangers. If men's minds were so divided in Ireland as they were represented to be, was it at all probable that concord and harmony would arise from a measure of securities, insufficient to the one party, and unsatisfactory to the other. Emancipation was to be given to the Catholics in return for securities offered to the Protestants; but what security could be given to the Protestants, that they might not be deprived of their "securities," by a renewal of those scenes of violence and intimidation which appeared to have produced so much effect at the present moment? He was well aware it might be said, that all moderate and rational Catholics would be satisfied with emancipation, accompanied by those securities; but who could say that those turbulent spirits who possessed all the influence in Ireland, and governed the seven millions, as they were called, by their absolute will—who could say that they would be content, or that they would not again exert that power, the existence of which was acknowledged, and which this act of emancipation proclaimed the government of the country unable to resist. He was well aware, however, that no appeal of his was likely to prove effectual, in opposition to the avowed determination of the government; and he must, therefore, content himself by repeating, that his opinions as to the danger and impolicy of concession remained unchanged [hear!].

said, that the hon. member for Cavan seemed to possess a species of communication compared to which balloons and telegraphs were a mere joke; for within four days after the delivery of the King's Speech, the hon. member had ascertained, that the people of England and Ireland had lost their confidence in his majesty's government. Now, he had not as yet so completely gone over to the errors of popery as to give his credence to such a Hohenlohe miracle as that. The hon. member had expressed his conviction, that the petitioners against emancipation would not be influenced by the change which had taken place in the views of his majesty's government; but on that point he could not help dissenting from the hon. member.

said, they all knew, constituted as the government of this country was, that his majesty was in the habit of adopting political acts on the responsibility of his advisers. In the present instance, he looked upon the Speech from the Throne as having been dictated by his majesty's responsible ministers, and not as having emanated from himself. But even if they took it as flowing from his majesty's heart, still he could never coincide in the opinion, that additional political power could be granted to the Roman Catholics, with safety to our Protestant institution, merely because his majesty believed otherwise [cries of "Order."]. He begged pardon. This was the first time he had been betrayed into a breach of the rules of the House, and he hoped they would forgive him. The right hon. and learned gentleman seemed to have almost laid it down as a principle, that the House, on this occasion, ought to concur in the measures of his majesty's ministers; but to such a doctrine he never could assent. He was satisfied that, on this great question, the public at large was anxious to express a decided opinion. A sufficient time should be allowed for that purpose, between the introduction of the bill for the Suppression of the Catholic Association and those measures by which that bill was to be followed, in order that the Protestant population of England and Ireland might have an opportunity of deliberating on this most important subject. He hoped that every opportunity would be afforded to declare their calm and deliberate opinion. When these measures came before the House it would be for those who introduced them to show that the securities were as perfect as the imagination of the most scrupulous could devise. He was perfectly convinced, that the decided opinion of the Protestants of Ireland would be, that the only security for those institutions which it was the great object of the settlement of 1688, to place on a solid foundation, was to be found in placing the government of the country in Protestant hands, and thus upholding the power and authority of a Protestant king.

presented a petition from the barony of Ossory against further concessions to the Catholics. He felt great pleasure in presenting this petition, and would take that opportunity of stating that his Majesty's Speech had been perused throughout the county which he had the honour to represent in parliament, without producing the slightest change in the opinions of the inhabitants. They were ready to put forward their petitions against concessions to the Catholics, to renew their best efforts to spread this sentiment, and to call upon their representatives to do their duty to them and to their country. As the right hon. Secretary had given notice that he meant to introduce a bill for the relief of the Roman Catholics, he now gave notice, that he meant to move for a call of the House, before the measure was brought forward, in order that every representative might have an opportunity of stating his opinion, whether the constitution was, or was not to be maintained.

said, he coincided entirely in what had fallen from the hon. members for Cavan and Dublin. He believed as they did, that if sufficient time were allowed, petitions against the proposed measure would flow in from every quarter. The right hon. and learned member for Knaresborough, had observed that the individuals who had carried the petition of the University of Oxford, would have withdrawn it, if they had been aware of the unexpected statements that had been made by his majesty's ministers. He, however, was of a very different opinion. He believed those gentlemen were too consistent to act in such a manner. It had also been stated, that numbers of petitions had been presented, and would be presented, which would have been withheld, if the parties who were instrumental in getting them up had been aware of the change which had taken place in the minds of his majesty's responsible advisers. Here again he was at issue. Since he had been in town, he had met scarcely an individual who did not ask him "Did you expect this? What will be the consequence?" All appeared to be dissatisfied. It was his firm conviction, that myriads of petitions would be presented against this measure; and that the city which he had the honour to represent would stand forward against such a violation of the constitution. He could not conceive how the right hon. Secretary for whom he entertained the highest respect—to the display of whose great talents he had listened from day to day, and from week to week—could have adopted the course he had recently done, after having stated his determination always to oppose the claims of the Catholics. For himself, while he had the honour of a seat in that House, he should consider it his duty to vote against any further concession to them.

rose to present a petition from Rippon against Catholic emancipation. He said, he need not state to the House, how cordially he concurred in every sentiment contained in it. He trusted that the suggestion of the hon. member for Dublin would be attended to, and that sufficient time would be given to the people to express their opinion. If this were done, that opinion would be expressed more strongly, and more intelligibly every day. He was perfectly satisfied that if this question were deferred for a short period, petitions from all parts of the country would be presented, not merely to that House, but to the Crown, praying his majesty to exercise his royal prerogative by a dissolution of parliament. He was convinced that ministers had greatly miscalculated the force of public opinion, when they determined on agitating a measure of this nature. His right hon. and learned friend had observed, that petitions against emancipation would not have been passed, if the individuals who had signed them had known the intentions of the government. Now, he felt himself called upon to say, that that was not a true view of the case. With every possible respect for his right hon. and learned friend, he must say that he was greatly in error, if he supposed any such thing.

said, he did not rise to oppose the bringing up of the petition, but merely to state, that it did not speak the sentiments of the people of Rippon. It was one of those petitions which were very properly designated "hole and corner" petitions. It was got up at a meeting held in a public-house, and although he believed the signature of the clergyman was affixed to it, he thought it was not signed by the mayor and officers of the corporation. In his opinion, it ought not to lie on the table of the House. He hoped the House would not be misled by petitions got up by the Brunswickers. This petition was like many others that would be hereafter presented. They would be got up, not by disinterested parties, but by fanatical clergymen, apothecaries and lawyers, and consequently they would not speak the feelings of the people, who were too much enlightened to be led away by plausible but fallacious statements.

said, he rose for the purpose of giving the same advice which he had often given before under other circumstances; namely, that the House should receive the petitions presented to them with the most calm, respectful, and unbiassed feelings. They ought not to scrutinize too narrowly, or to hold up to ridicule the means which it was necessary to resort to occasionally for the purpose of enabling persons to state their opinions to that House. He was sure that nothing could be more fatal to the success of the contemplated measure, than any attempt to treat lightly or intemperately that deliberate and honest feeling on this subject which any body of people might think proper to express. He could assure the right hon. and learned gentleman, who commenced this debate, that he was perfectly satisfied that the petition of the University of Oxford originated in the purest and most honourable feelings, and that those who prepared it were perfectly uninfluenced by any views which his majesty's government had taken, or might think proper to take. The individuals signing that petition had, with peculiar delicacy done him the honour of committing it to his hands, and he would do the utmost justice to their feelings, though he was compelled, by a sense of public duty, to dissent from their opinion. Whatever efforts might be made to induce him to express his opinion fully on this subject, he hoped that his hon. friend, and the country also, would feel satisfied that there must have been cogent reasons, on looking at the whole question, that could induce his noble friend and himself to place themselves in the situation in which they at present stood—a situation in which they were not only opposed, but severely reproached, by those who had long been their friends. Allusion had been made to the sacrifice of the emoluments of office, which, it was insinuated, ought to have been preferred to the course which he had adopted. Good God! he could not argue with the man who could place the sacrifice of office or of emolument in competition with the severe, the painful sacrifice which he had made—a sacrifice which it seemed to be supposed he had consented to, in order to retain his office! He had, after mature deliberation, come to this determination, that, in the state of the country—and in the state of public opinion in Ireland—he never would meet that House in the situation in which he had been formerly placed. He was responsible for the safety of Ireland, and that responsibility he did not wish to be subjected to, while the cabinet were disunited on this question. It was impossible that he could remain in such a situation after the information he had received relative to the state of Ireland last summer. The consequences arising from that determination were known to the House; and, however displeasing they might be to some gentlemen, he firmly believed that the time would come when justice would be done to the intentions of his noble friend and himself—when they would not be thought to have betrayed their trust to the country and to the Protestant establishment, because they had preferred the reproaches which were heaped on them, and even an apparent sacrifice of consistency, rather than pursue the course which they had hitherto pursued, and have thus obtained a short popularity at the expense of the true and paramount interests of the country.

said, that the hon. baronet, the member for Lincolnshire, had said, that this petition was not worthy to lie on the table. He did not mean to move that it should he read, in order to disprove that assertion, but he should briefly state, that it was directed to two objects: it prayed, first, that the constitution might be preserved, and next, that no further concession of political power should be granted to the Roman Catholics. Now, what was there in these two clauses that ought to prevent the petition from lying on the table? Was it unworthy of a Protestant people to express a wish to live under a Protestant government?

said, he rose to present three petitions against granting further concession to the Catholics. For the right hon. Secretary he entertained the highest respect; but he could not express the surprise which be felt when he heard of the extraordinary change which had taken place in his sentiments on this important question. It appeared to him exceedingly strange, that those who had formerly opposed all concession with the utmost perseverance, should now, of a sudden, turn round and support it. If a dire necessity existed for taking such a step, the House must of course meet that necessity in the best manner; but he would say, "whatever proceeding may be adopted, take especial care that due security is afforded to the Protestant constitution of this country." Until the absolute necessity was proved, and proper securities were given, he would wish no further concessions to be made to the Catholics.

presented three petitions against the claims of the Catholics. He observed, that he perfectly coincided in the prayer of the petitions.

said, he held in his hand a petition, numerously signed by the inhabitants of a parish in Bristol, against further concessions to the Catholics. What had been said by the right hon. and learned gentleman, in order to weaken the effect of these petitions on the House, namely, that if the contents of the Speech from the Throne had been known earlier, no such petitions would have been presented, deserved some comment. In answer to that, he would request the House to observe what had been done in the city which he represented. The Speech was read in that city, and, in a few minutes afterwards, a requisition, signed by two hundred and thirty most respectable inhabitants was prepared, calling for a public meeting to consider of a petition against granting any further extension of political power to the Catholics; and he had no hesitation in saying, that an immense majority of his constituents were of the same opinion.

presented two petitions of a similar nature; one from the clergy of the archdeaconry of the East Riding of Yorkshire, and another fro Kirkby Fleetham. He had been requested to support the prayer of the petitions, and he would do so most willingly. Though others had seen reason to abandon their principles, he had seen no reason to abandon his. If he were to act in opposition to the course which he had hitherto conscientiously pursued, he should be acting disgracefully and dishonourably. He believed the measure contemplated to be obnoxious to the feelings of the people, and against the best interests of the empire. They were now called upon to take into their consideration a no less important subject than the alteration of the most vital principle of the British constitution. He hoped, however, that it was not too late to ask his majesty's ministers to weigh again and again the step they were about to take, and to reflect deliberately on the consequences of it. Let them follow the example of the late Mr. Canning, one of the most able and strenuous advocates which the Catholic cause ever possessed, but who had distinctly stated, that he had too much respect fur the feeling of the Protestants to urge the measure against their decided opinion. He trusted they would respect a similar sentiment which had proceeded from the noble mind of Mr. Pitt. He had no doubt that the great majority of the Protestants would now feel it their duty to come forward and state what was their unequivocal opinion on this vitally important question.

presented a similar petition from Grantham. He said, that for the last two sessions he had given his vote against further concessions to the Catholics, and notwithstanding the great and unexpected changes that had taken place in certain quarters, he saw no reason to give a different vote in this session. The House had heard declarations of the necessity of setting the question at rest in Ireland. No man living could more sincerely deplore the unhappy state of Ireland than he did; but he was fully convinced that the proposed measure would not have the effect of giving tranquillity to Ireland. There would still remain in that country many questions much more embarrassing and difficult to determine. He would not then trespass on the attention of the House, by entering into an explanation of the reasons that induced him to think so. Those reasons they had heard frequently, eloquently, and, he would add, effectually, urged by a right hon. gentleman, formerly adverse to Catholic emancipation, but whose services, he feared, were lost to Protestantism. Every argument in favour of concession brought forward since the reading of his Majesty's Speech had been adduced with equal force, though not with the same effect during the last session. They were formerly thought of little moment: now they were held to be perfectly convincing. It had been said, that the announcement of the intentions of government would have the effect of discouraging petitions from those who were hostile to it. He was of a different opinion. He was satisfied that whatever change might have taken place within those walls, no change had occurred out of doors. He was satisfied that the announcement of the intention of government would be the signal for the preparation of petitions from every part of the kingdom, against granting any further concession to the Catholics.

rose to answer the hon. member who had preceded the last speaker. He must say, he thought that hon. member had used some very hard words. Were they to be told, that they acted disgracefully and dishonourably, because they attended to a recommendation of the government communicated by the right hon. Secretary, than whom a more honourable man did not breathe? He had always thought he was doing his duty in voting against the Catholics; but he could no longer hold that opinion, when his right hon. friend told them that it was wrong, and proved his sincerity by sacrificing all that was most dear to him. When they saw one of the right hon. gentlemen's own family withdrawing from him his support, could any one believe that his right hon. friend acted otherwise than from a sense of duty. Good God! Was such conduct to be called disgraceful and dishonourable? For his own part, as God was his judge, he would not have thought of altering his opinion, if the ministers of the Crown, who had the best means of information, had not thought it absolutely necessary for the public good to give way.

said, he really did not mean to apply the words complained of to any member. He had merely stated, that he saw no reason to alter his own opinion on this subject, and that it would, therefore, be disgraceful and dishonourable in him to abandon his principles, because others had abandoned theirs.

said, he should think himself unworthy of occupying the situation in which his constituents had placed him, if, representing a large county, he did not stand forward and say that, in his opinion, the Protestant population of Ireland were by no means so opposed to the measure in contemplation as two hon. members who had spoken that evening would make them believe. He did hope and believe that there was more Christian charity among them. The hon. gentlemen who thought that so many petitions would be presented against the measure, must, as well as their supposed petitioners, have a wonderful insight into futurity; for none of them as yet knew what the nature of the measure was. If the measure were to come from the other side of the House, those gentlemen might look upon it with suspicion; but, coming from the hands of those who had been called the bulwarks of the constitution, surely no danger could be anticipated. Many dark insinuations of dangers that would result to Ireland from this measure had been thrown out. He did not know what those dangers were; but he knew that none could be worse than the broken friendships and the hostile feelings which the present system had caused. He blessed the dawn of that day which had brought conviction home to the right hon. Secretary, whose conduct on this occasion did him the greatest credit. During the whole course of the right hon. gentleman's career, bright and honourable as that career had been, he had never shone so transcendently as now. He would rather have remained silent on this occasion, but he could not help rising to intimate, that gentlemen who represented the Protestant feeling of Ireland as so decided and so overwhelming, would do well to make inquiries respecting the opinions of others who were quite as respectable as their own constituents.

presented five petitions against further concessions, from Carmarthenshire. He said, that as far as he could yet see the merits of the question, he was unfavourable to the proposed measure. At the same time, he thought it would be unfair to express an unequivocal opinion, in the ignorance in which he was of the exact nature of that measure, or of the securities which it was intended to recommend. If those securities should not satisfy his mind, the measure should certainly have his opposition.

presented a petition from Portarlington, against further concession to the Catholics. In his opinion, the privileges already enjoyed by them were as extensive as was consistent with the safety of the British constitution. It was said that the proposed measure was to be brought forward in the name of civil and religious liberty. Good God! could any man lay his hand on his heart and say, that the civil liberty at present enjoyed by his majesty's Catholic subjects, was not greater than that enjoyed by any other Catholics in the world? As to religious liberty, the complaint was an absurd one from those who themselves granted no liberty; who shut up the book of God, and would not allow any of their people to look into it. Was that liberty? It was altogether a false pretence.

presented two petitions from Kingston upon Hull against further concessions. He was far from casting any reflection on those who had changed their opinion respecting it. Above all, he deprecated the condemning, on that ground, any of his majesty's ministers, who were bound to, leave their prejudices and preconceived opinions at the door of the cabinet, and to discuss freely and without bias whatever questions were submitted to their consideration. At the same time, not having had the benefit of that information which had operated upon the minds of ministers, his opinions remained unchanged.

Portuguese Refugees

On the order of the day for going into a committee of supply,

said, he considered it his duty to avail himself of the present occasion, without losing another moment, to call the attention of parliament, and particularly of the right hon. Secretary opposite, to a subject in its nature so distressing, that he was almost afraid to trust to his own feelings while he explained it to the House. He was aware that the question respecting the relations between this country and Portugal was of the greatest importance, and was one which required, and would, no doubt, shortly undergo the jealous investigation of that House. A motion upon that subject had already been fixed, and he was satisfied that whenever the papers called for, should be produced, it would appear that the lamentable state in which Portugal had been during the last nine months, was mainly owing to the unwise policy of this country. He was, however, sensible that it would be extremely injudicious to discuss that subject at the present moment, or to move any question which might obstruct the operations of that most important of all questions, upon the consideration of which government had at length bona fide entered. But there was an insulated transaction, to which he was desirous of calling the attention of the House. He alluded to a recent outrage perpetrated by a British officer off the island of Terceira, which was, in his opinion, so disgraceful to the national character, so distressing in its effects, whether we considered the shame excited at home or the universal detestation abroad, that he thought the honour of parliament and the credit of government alike involved in bringing the matter to an immediate explanation. For himself he could say, that if he had the honour to stand in the situation of them right hon. gentleman, he should avail himself of the earliest opportunity to give at explanaton, whatever it might be, of that most untoward circumstance. The facts relating to this case were briefly these. The House would recollect, that after the withdrawal of the British forces from Por fugal, and the surrender of the fortresses on the Tagus into the hands of the usurper, no obstacle remained in the way of don Miguel to prevent him from carrying into effect those designs against the liberty of his country, which he had previously shown a disposition to put into execution. When, therefore, all was lost in that country,—when the wise resolutions and determinations, made in Vienna and this country, were all at once dissipated—a considerable body of Portuguese, both in military and civil stations, rather than remain any longer under the dominion of the tyrannical usurper, went into voluntary exile. They proceeded to this country as their natural asylum, which had been for so many ages the hospitable and kind friend to the persecuted and oppressed of all nations. They accordingly arrived at Plymouth, and after remaining there a considerable time, during which they conducted themselves with great propriety, they received an order through the competent authorities, to break up their quarters. The officers were directed to be separated from the soldiers—a course calculated to destroy in the latter all idea of military discipline. The soldiers were ordered to be dispersed round Plymouth, and the officers to go into exile—in short, they were treated in every respect like prisoners on their parole. The parties to whom this order was addressed, though thinking its execution would be detrimental to the good cause in Portugal, preferred leaving a country where they were no longer welcome, and resolved to proceed to Brazil, at that time the only safe port open to them. But soon after they came to this determination, the news reached this country, that the island of Terceira continued faithful to her legitimate sovereign; that in point of fact, the queen Donna Maria da Gloria's authority was recognized throughout the island, and that she was sovereign of Terceira as much de facto as she was de jure. Accordingly, they hired three English and one Russian ships, and upwards of six hundred persons, military and civil, embarked and proceeded to Terceira. It was most unquestionably true, that they received an intimation from our government, that they would not be allowed to land at the Azores. But they considered that provided they kept within the letter of international law—provided they proceeded unarmed, and were fortified conditionally with orders from their own legitimate sovereign—they considered that they had a full right to hire neutral or any vessels they chose, to proceed to any port in the world they pleased; and they thought that England would be the last power on earth to interfere with the unarmed subjects of another country. Moreover, they had been assured, by very good authority, that the intimation which had been given to them by government was too much opposed to the law of nations to be worthy of attention. The expedition accordingly set sail, and arrived on the 16th of January last; within a mile of Terceira, and when they were just preparing to let go their anchor, a shot from a British frigate was fired into the "Susannah," a small brig, filled with men, which destroyed one man and wounded two others. He could never believe that a British officer, let his instructions be what they might, would begin his explanation with so striking an argument as a shot. He was, therefore, of opinion, that some previous signal must have been given by captain Walpole, which was not understood by the ignorant Portuguese. However, this circumstance led to a negotiation between captain Walpole and count Saldanha; and in consequence of the captain expressing a decided determination to oppose a landing, the attempt was given up. He begged to remark, that as soon as the shot was fired, a correspondence ensued, and the British captain appeared to him to have pursued a sort of logic, which had shown itself in another place—first of all to punish a party, and afterwards to inquire into the offence, The correspondence which followed had been published, in which count Saldanha protests against the injustice of preventing an unarmed body of Portuguese from landing in the only spot which remained faithful to its legitimate sovereign. The count complained of the act as a gross breach of international law, and as a cruel violatior of those amicable relations which had sc long existed between this country and the sovereigns of Portugal. The neutrality of the ships was urged in vain, and the result was, that the object of the expedition having been thwarted, the Portuguese were obliged to put into the port of Brest where they were received with every demonstration of friendship and kindness He thought they had now, thank God! got into a country which was willing and prepared to do them justice; and he trusted that France was in a condition to occupy that post of honour of always giving succour to the persecuted and the lovers of liberty of all nations, which he regretted, England, who had so long enjoyed it, had suffered herself to lose. He had heard it stated—but he hardly expected to hear it repeated to-night—in extenuation, if not in excuse, for This outrageous proceeding, that our government could not look with indifference at the separation of any part of the Portuguese dominions from the rest. Nobody, he thought, wished for any separation of the dominions; but it never would be contended, that, because the usurper of Portugal possessed nearly the whole of the Portuguese possessions, therefore no part should be preserved for the legitimate sovereign. He begged par don for having so long occupied the attention of the House. He thought it his duty not to let another moment transpire without calling for an explanation of the matter; which he hoped the right hon. Secretary would give, as no person felt more interested than he did with respect to a transaction so apparently discreditable to this country.

said, he had expected that this subject would be brought before the House, and he could assure the hon. gentleman, that he had come down to the House with the intention of giving any information upon it which might be in his power; but, subsequently to his arrival in the House, a right hon. gentleman opposite had notified his intention of bringing forward a discussion on this subject, and also on the whole of our relations with Portugal. On that account, and as in any explanation he might give, he must of necessity enter into details, it might be the most convenient course for all parties if any explanation was postponed until the right hon. gentleman brought forward his motion. He had also another motive for wishing to postpone the explanation of the circumstance to which the hon. gentleman had alluded. As yet government had received no official account, or any despatch from captain Walpole. He did not know from that officer what had taken place, and therefore any explanation he could give now must be incomplete. It was still, however, his belief, that the conduct of that officer would, upon examination, stand in that light in which every one must wish the conduct of a British officer to appear. The time would come when he would explain to the House the whole of the facts connected with this case; and, in the mean time, it was only necessary for him to request the hon. gentleman to bear in mind the principle upon which we had acted with respect to Portugal. Though we admitted the right of the Queen Donna Maria to the throne, we did not think it necessary to involve this country in the civil dissensions which at present distracted Portugal. The time would soon come when the whole of the facts of the case would be explained in detail.

considered it extremely unjust to cast the stigma of inhumanity on captain Walpole. It should be remembered that officers were placed in difficult situations, and had only their orders to perform; and if he understood the correspondence which had been published, the Portuguese had received an intimation from our government not to land in the island in question, which intimation was known to captain Walpole, and if he had received orders to prevent them from landing, however unjust such orders might be, he only did his duty in performing them. He thought that when captain Walpole's report was received, it would be found that that officer had not only strictly performed his duty, but performed it with the greatest reluctance.

said, he had distinctly stated, that though, by the account published in the newspapers, it appeared that a shot was the first argument, he could not believe that such was the case, and he had given credit to captain Walpole for making some previous signal.