HL Deb 14 May 1824 vol 11 cc749-50

The bill was read a third time. On the motion, that it do pass,

Lord Gage

said, he had no objection to the principle of the bill; but he thought the power entrusted to the secretary of state to send foreigners not only out of the country, but where he pleased, required some limitations. As the bill now stood, the gallant Mina, and Alava, might not only be sent out of the country, but back to Spain. Suppose a Polish or an Italian refugee were demanded by the power, which at present domineered over Poland and Italy, would their lordships stand firm? And if the ambassador of either of those powers should make war or peace depend on our compliance, would their lordships prefer a war to giving up such an alien? He thought some clause should be introduced into the bill, limiting the power of the secretary of state as to sending aliens to other countries.

The Earl of Liverpool

said, it would be the duty of every British minister, to resist any such demand, and run the hazard of a war rather than comply with it.

Lord Clifden

agreed, that the power entrusted to the secretary of state was too great, and would no doubt be much abused, if it were not for the check in which ministers were held by a free press.

Lord Holland

was against the principle of placing confidence. Some persons entrusted with arbitrary power, abused it without knowing it and without wishing it; others abused it designedly. The whole principle of this bill was arbitrary, and it ought to be restricted as much as possible. As the bill now stood, it was impossible for parliament to see its enactments enforced. The secretary of state might send an alien to any place he pleased, and to some place where his life might be forfeited, according to some arbitrary regulations, which were called laws by the courtesy of Europe.

Lord Gage

then moved, that the following clause be added by way of rider to the bill;—"Provided always, that no alien under the provisions of this act shall be transported, in any case, to any part of the dominions under the authority of his lawful sovereign.".

The Earl of Liverpool

objected to the clause as answering no good purpose. If it was right to give the power of sending an alien out of the country, this power must not depend on the alien going of himself, but there must be a power of sending him, and that power must employ force in carrying him away, if necessary. It was not possible, nor would it be judicious, to place any limits to this power. He should not wish to send a refugee Spaniard to Spain; but the power of sending aliens away must be left without limits.

Their lordships then divided on lord Gage's motion: Contents, 13; Not Contents, 25. The bill was then passed.