HL Deb 20 March 1817 vol 35 cc1202-4

The order of the day for the second reading of this bill being read,

Lord Sidmouth

said, it was not his intention to detain the House long, as he understood that any objections that might be made, would go rather to some of the provisions of the bill, than to its principle. Since the outrage against the Prince Regent, and the report of their lordships committee, three bills had passed the legislature—one for giving his royal highness the same protection as his majesty had, and rendering the provisions perpetual as to both; another to punish, with greater severity than before, any attempt to seduce soldiers and sailors from their allegiance; and the third, for detaining in custody certain persons suspected of being concerned in treasonable practices. With respect to the two first of these bills, it would have been wise and proper to pass them, though the circumstances which had occasioned the passing of the other, had not existed. The third bill was founded on the information which the executive government had laid before their lordships committee, and on which the committee had reported, that there existed a traitorous conspiracy for the subversion, by means of a general insurrection, of the government, laws, and constitution of this kingdom; and the committee, at the close of the report, stated, that farther provisions were necessary for the preservation of the public peace.— What were the circumstances that led the committee to that conclusion? They must have been such as convinced the committee, that the existing laws were not sufficient to meet the evil, chiefly because, under the law as it stood, it was in the power of a few persons to bring together, without the sanction of any recognized authority, in the neighbourhood of great towns, where distress and discontent prevailed, the turbulent and the factious of every description, to consider and discuss the state of the country. But it did not depend merely on the statement of the committee, for it was notorious, that, at meetings so called, ill-disposed persons took the opportunity, with such dexterity as to evade the law, of inflaming the minds of the people, leading them from discontent to sedition. This was the danger which the committee had in contemplation when it stated, that farther provisions were necessary; and it was principally from the consideration of that evil, that the present bill was introduced. The bill was formed upon the plan, and made up chiefly of the provisions, of the Seditious Meetings Acts of the 36th and 39th of the king. His lordship then entered into a short explanation of the enactments of the bill. He said, he could not anticipate to the general principle of these provisions any objection, not imagining that any of their lordships, however they might differ as to particular clauses, would object to making some farther legislative provisions, in order to remedy those evils, and prevent those dangerous consequences, which manifestly arose from allowing the kind of meetings to which he had alluded, to be held and adjourned over at pleasure, without check or control. His lordship concluded by moving, the second reading of the bill.

Earl Grosvenor

said, he did not know what had led the noble secretary to conclude, that there was no difference of opinion as to the principle of the bill, as he had distinctly intimated his objections to it. He had considerable objection to all the clauses of it, except one; which was very like an objection to the principle. However, he would reserve what he had to say upon the principle of the measure, till the third reading, when he should have an opportunity of seeing the bill as it came out of the committee. In the mean time, he could not but state, that he saw no necessity for joining the temporary and permanent provisions in one bill. It was an aukward manner of legislating, and might produce legal difficulties as to the construction of the act. He saw no reason why the bill should not be divided, and would move an instruction to the committee for that purpose. He could not agree with the noble secretary, that the law as it stood was not sufficient to meet the evil. He had, on the contrary, always thought the existing law powerful enough, if properly applied, to answer the purpose: or, at least, that nothing more was necessary than to strengthen it. He and the noble secretary differed widely in their views, both of the danger and the remedy. He conceived, that all they were doing was wrong; and that the measures they were adopting were likely to create the danger against which they were intended to guard; to engender a spirit of disaffection whore it did not be- fore exist; and to embody resentment where none was before felt.

Lord Holland

hoped, that no advantage would be taken of their not having discussed the principle of the bill now. He concurred in that clause which, generally speaking, went to give greater weight to public meetings, and likewise in that which went to prevent improper meetings. Of all the rest of the bill he disapproved; and it ought to be observed, that they had now, in about three weeks, made more alterations in the law, with reference to the present difficulties, than Mr. Pitt's administration had done in six months, in a period of greater alarm. The ministers had swept together every thing that had been passed in moments of difficulty, and re-enacted them in a heap, making some of the provisions permanent. He concurred with his noble friend, that what was temporary ought to be separated from what was permanent. These provisions were distinct in their nature, and ought to be includedin separate bills.

The bill was read a second time, and ordered to be committed to-morrow. Earl Grosvenor then moved, that the committee be instructed to divide the bill.

The Earl of Liverpool

could not concur in that motion. If any such legal difficulties as the noble earl had alluded to should arise, from that which was temporary being included in the same bill with that which was permanent, then certainly it would be proper to divide the bill; but he could not conceive how any such difficulties could arise, the temporary and the permanent provisions being both distinctly stated.

Lord Holland

thought that the bill ought to be divided, as it was a confused mode of legislating to unite temporary and permanent provisions in the same bill; and he was happy that the motion was made, as it would at least appear on the Journals, that there was one peer who had objected to that course.

The motion was negatived.