Mr. Perceval said, that when he gave notice of his intention to move for an humble address to be presented to his majesty, praying that he would be graciously pleased to cause to be laid before the house the Order of Council of the 7th of January, respecting the mode in which his majesty had instructed his officers to deal with the trade carrying on by Neutral Vessels between the ports of the enemy, he had no idea that any objection would be made to the production of this paper, except, perhaps, that that production had been rendered unnecessary by the publication of the order in the London gazette, and in his majesty's proclamation, and that therefore any proposition to the house would be as consonant to form without the production of that Order on the table. To this objection, had it been urged, he should have answered that long parliamentary usage had led him to believe, that whenever a motion was intended to be instituted on a paper, the more regular mode of proceeding was to call for the production of that paper on the table of the house. However, the noble lord opposite (for which he returned him his unfeigned thanks) had intimated to him, that he meant to object to the production of this order on other grounds. He therefore wished accurately to understand those grounds, that he might determine what it would be suitable for him to do. He 452 hoped that the noble lord would have no objection to state whether or not he understood him correctly, when he supposed him to say, that, as he could not anticipate any proposition grounded on the production of the order to which he could give his concurrence, he must object to such production, unless he (Mr. P.) would satisfy him as to the precise nature of the ulterior proceeding which he meant to propose. If such actually was the ground on which the noble lord intended to oppose the production of the order, he certainly would not make his motion on the present day, because it would then be incumbent upon him, in that case, to satisfy the noble lord and the house of the expediency of the ulterior proceeding to which he alluded, and because he thought the nature of that proceeding too important to be discussed at such a short notice. He therefore again requested the noble lord to explain himself on this subject.
Lord Howick ,finding that it was supposed that the motion for the production of this Order was a mere matter of course, had deemed it right to intimate to the learned gent. that he should feel it his duty to resist it. He certainly should not object to its production, on the ground of its having already obtained publicity in the London gazette and in his majesty's proclamation; for although he was aware, that the proceeding of the house might be founded on such a publication, yet he was also aware with the learned gent. that it would be a more regular course of proceeding to produce the document on the table. But although the document in its present state might be sufficiently authentic, yet it did not follow that it must be produced to the house of commons. There might be two causes for requiring such a production; the first on the ground of some declared parliamentary measure; the next, for the purpose of instituting some undefined proceeding. The last was the cause alleged by the learned gent. It became the duty of the house to enquire into the nature of that proceeding. As far as he was able to collect the views of the learned gent. they were such as he, for one, could by no means consent to. His object was altogether unprecedented, and in his opinion liable to the most serious objections. He therefore felt it his duty, until the learned gentleman should explain unto the house the nature of his ulterior proceedings, to object to the production of the 453 order; and as therefore the learned gent.'s motion would probably lead to much discussion, he advised him to defer it with a special notice.
§ Mr. Perceval ,although he should feel perfectly justified in making his motion for the production of the order in question, yet, after the declaration of the noble lord, and for the reasons he had before stated, he would decline doing so at present. The noble lord had described the ulterior proceeding which he meant to institute on this paper as unprecedented. This he would say, that the ground on which the noble lord objected to the production of the order was at least as unprecedented.
Lord Howick,without wishing for any premature disclosure of the learned gent.'s intentions, thought it might be convenient to the house to be informed of the nature of those intentions.
§ Mr. Percevalwished it to be understood, that the postponement of his motion was for the express purpose of giving himself an opportunity of bringing forward his proposition in the best possible shape. It would embrace in it the consideration of the policy, expediency, and adequacy of this order of council, as applied to occasions of such retaliative injury to the enemy's commerce, for the injury sustained by the commerce of this country; and also of the more vigorous execution of that wise principle of right and discretion, which the order on the face of it intended to enforce. He would shew, that the principle on which the order proceeded was not that on which it professed to proceed. He meant to propose a parliamentary resolution on its inadequacy and insufficiency which might find its way to his majesty's council, and which might produce an act of more vigour, and measures better calculated to benefit the country. With regard to the precise form of his motion, which he would now fix for Thursday se'nnight, he had not yet made up his mind.