§ Lord Holland opposed the bill proceeding any further during the present session, on the grounds that it was a bill of the highest importance to the best and dearest rights and privileges of the inhabitants of the islands of Jersey and Guernsey; that considerable doubts were entertained by the inhabitants of those islands, which doubts had been strongly supported by counsel in both houses, whether the Parliament had a right to legislate for those islands, it having been the custom, time out of mind, for the king in council to be their sole legislator. He did not say that he was prepared to admit those arguments, as to the rights of legislation; but he could have no doubts on his own mind, that if the inhabitants of those islands entertained such sentiments, the passing of this act could not fail to engender discontents, the effects of which would be highly injurious to the interests of this country. His lordship went into a considerable length of argument on the great hardship and oppression of many of the clauses, which empowered Custom house officers to bring persons, who were only passengers on board vessels in which contraband goods were found, to any part of the united kingdom, to be tried by laws of which they were totally ignorant, and before tribunals to which they were utter strangers. He was certain, he said, that those who framed the bill, and those who had passed it in another house, did not understand the nature of many parts of it; for they had enacted, that persons committing offences against the act, should be brought to answer before the justice of the peace—a description of persons altogether unknown and unheard of in either of the islands. He complained of the late period of the session 803 in which the bill had been brought forward in that house, and the very hasty manner in which it was attempted to be hurried through. He entreated their lordships to pause—to consider well the many inaccuracies—to say the least of them, to which he had alluded, the numerous mischiefs to which the bill might give rise, and that they would consent to defer it to the next session, when it might be more seriously and fully considered. He therefore moved, that the chairman do leave the chair, and report progress.
§ Lord Hawkesbury allowed the lateness of the session, and the immense press of business which was now before the house for its consideration; if, however, such was ever excusable, it was during the present session. He differed, however, from his noble friend who spoke last, as to the principle of the bill. The islands of Guernsey and Jersey were well known to be a great entrepôt for various kinds of merchandise; they, of course, became a great entrepôt for smuggling also; and the state of our trade required that smuggling should be suppressed as much and as speedily as possible, particularly in those islands, in and from which it was carried on to an amazing extent. The bill, he allowed, was of the highest importance, and, as such, it had received the fullest and most serious consideration. It had been before the other house ever since the 10th of April; had been repeatedly discussed; counsel had been fully heard against it in both houses; the people of Jersey had made no objection to it; and, for all those reasons, it had his decided support.
§ The Duke of Clarence objected to so important a question being brought forward at so late a period of the session. He regretted he had not had an opportunity of hearing the counsel at the bar on a former occasion. His royal highness observed, he had been more than once in the islands of Jersey and Guernsey, and could vouch for the loyalty and attachment of the inhabitants to the government of this kingdom. In the year 1783 it was the wish of government to employ officers to prevent smuggling; and it was then found, that vessels of very small construction only could be serviceable. It was impossible for French vessels to navigate near Normandy, without coming within a few leagues of those islands. Exclusive of the lateness of the session, he considered this by no means the proper time for considering a question of so serious importance. The officers who were employed upon that service, thought that such a measure was certainly necessary; but they considered that this was by no 804 means the time for entertaining the question; he therefore gave his decided opposition to the further progress of the bill.
§ Lord Holland shortly explained. He thought the bill replete with inconveniences, and must give rise to many difficulties and disputes, and if not rejected altogether, he at least wished it should not take place till next session. Lords Hawkesbury and Holland severally explained, when the question for the Chairman leaving the chair, was put, and negatived without a division. The first clause was then read in the committee, and lord Holland moved, "that this clause should be omitted," when a division took place, and the numbers appeared, for retaining the clause 19—for rejecting it 7.—Majority against lord Holland's motion 12. The several other clauses were then read, the house resumed, and the report ordered to be received to-morrow.