ALIENS' AND DENIZENS' BILL.—BANK OF SCOTLAND. (Hansard, 16 March 1819)

Lord Sidmouth
rose to more the second reading of this bill. 994 Their lordships were aware that it was the consequence of a measure which had been fully discussed last session. It was the object of the bill to continue, for another year the suspension of the rights of naturalization supposed to be granted by an act of the parliament of Scotland, to aliens who became proprietors of the Bank of that country. There was at present a case before the court of session, the decision on which would decide the question, whether this was the law of the country or not. All he asked, therefore, was, that their lordships would not suffer the law which prevented such purchases to expire in the mean time, but would continue the suspension, until the legal investigation was terminated. This was the course which their lordships were bound to take; for if they allowed the bill to expire, they would, by inference, declare that to be the law, which was at present in question.

Lord Holland
could not help expressing his surprise at finding this bill proposed for a second reading, before any i motion had been made for printing it. The noble lord conceived, that if the bill did not pass, the House would prejudge the question at issue in the court in Scotland. He was quite of a different opinion. If their lordships refrained from legislating they would leave the question just where it stood last year, before any bill on the subject was introduced. The passing, in so hasty a manner, a bill for suspending an existing law, was more like prejudging the question; and if it were now read a second time, he should consider it extremely unjust in the House to allow it to go through another stage, before it was printed, and time afforded for fully considering its principle. Their lordships must recollect, that the law which first gave occasion to the present measure was so little known to the noble secretary of state, that he did not introduce it until the Alien bill of the last session was about to pass the House.

The Earl of Liverpool
thought that the noble lord had misunderstood both the nature of the bill and the argument of his noble friend. The state of the case was this: Last year it was stated that a certain law existed in Scotland which would render the provisions of the Alien act inefficient. A bill had, therefore, been introduced, to suspend the rights supposed to be acquired under that law. A suit was now before the court of session in Scot- 995 land, which would decide what the law really was His noble friend had given no opinion on the subject, and he should think it very indecorous for parliament to interfere with the judicial proceedings. This bill was, therefore, only the continuation of that which had been passed last year, When the subject was discussed last session, objections were strongly urged to the retrospective operation of the bill; but no one, as far as he recollected, disapproved of its prospective effect. The legislature rejected the retrospective clause, and passed the act which would soon expire. AH that was asked was, not to permit the law to cease to have force until the court of session pronounced its decision. The question might come before the House in the shape of an appeal, and then they would have to give judgment on it in their judicial capacity; but in the mean time it would be very improper to allow the law to expire.

The Earl of Lauderdale
thought that if the noble lord meant to give the House full opportunity of judging of the principle of the bill, he would not press it farther until it was printed. The bill was, on the face of it, of a nature unlike any measure ever recommended to their lordships adoption. That a case for which a remedy was open in a court of law ought not to be interfered with by the legislature, was a principle generally acknowledged Here the House was informed that the question was before a court in Scotland; their lordships were therefore bound to wait for the decision of that court, before they ventured to legislate in any way whatever. He was taken quite by surprise. In order that time might be afforded for printing the bill, and an opportunity given to their lordships to consider it fairly, he would move, that instead of now, the bill be read a second time on Friday next.

§ The Earl of Harrowby
urged the necessity of proceeding with the bill. The court in Scotland would decide either for or against the claims of the persons who had purchased bank stock. If the latter, no injury would be done to them by this bill: if the former, it would become the duty of their lordships to alter the law, and prevent persons from obtaining by such means rights which were more extensive than those conferred by a bill of naturalization.