troops into those kingdoms, and all the projected changes would have been effected without the least disturbance, had not the Spaniards been led astray by English monoply, and the fanaticism of the monks. The confidence and secu rity which I entertained upon this subject, and the ignorance of some of my generals, occasioned the petty losses I have suffered in that quarter, and which the enemies of order have celebrated in an extraordinary manner. But Europe soon saw what was to have been expected of the Spaniards, and the Junta of Seville, whose measures were totally subverted in the first instance by the battle of Tudela, and subsequently by that of Ocana.

"The crown of Arragon, which retained some attachment to the House of Austria, is the only one that has opposed a regular resistance: and amidst the events that during the last two years have occurred in Spain, those alone which merit any attention are the defences of Saragossa and Gerona, which were owing more to the obstinacy and fanaticism of the monks, than to the valour and discipline of their garrisons. In short, Spain is conquered; and the English have no longer any point of support in it, except Cadiz, and a handful of insurgents headed by the traitor Romana. The forces they have in Portugal merely wait until my troops are in motion, when they will immediately embark; and I am convinced that the Portuguese army will experience a disastrous fate. How characteristic is it of commer cial nations to sacrifice their allies! The

terests, and even the prejudices, of the people we govern. Thus was the fate of the House of Naples decided; and it was doomed to lose its kingdom, without any possibility on my part to prevent it! What pangs did this determination cost me! How odious in my eyes were the sceptre and crown, when I found myself compelled to a proceeding so adverse to my own sentiments! Nevertheless, I did not lose sight of the interests of a misled and disgraced dynasty; and when it be came impossible for me to re-establish it in Italy, I thought of giving it an equivalent elsewhere. The propositions which I made, from Erfurth, to King George, leave no doubt as to this fact. To the war of Germany, notwithstanding the pacific overtures by Lord Lauderdale, and the announced voyages of the Russian Messenger, Novoziltzoff, immediately succeeded that of Prussia, whose Sovereign would not agree to the moderate proposals which I made him. Instigated and blinded by Russia, and the insinuations and promises of England, he, in a manner, presumed to dictate the law to me, when his situation was such as should have rather prepared him to receive it.-A few days sufficed to convince him of his error; and, notwithstanding his misconduct, my moderation left him in possession of half his states. The peace of Tilsit once more tranquilized Europe; and I should have put an end to the calamities of war, had I not been convinced of the bad faith of the House of Spain, which, though my ally, merely hesitated to declare against me, in consequence of being confounded by the vic-hearts of the English are metallified; and tory of Jena. The scandalous quarrels between the Father and Son, the ambition and sordid conduct of the Prince of the Peace, and the wish of rendering happy, and divesting of its prejudices, a nation of the first rank, made me turn my views upon that kingdom. The Spaniards were dissatisfied with the government of king Charles, and prince Ferdinand, held out to Europe as a traitor by his father, could not ascend a throne, which, since the time of Lewis XIV, has belonged to France. On the other hand, Portugal was an English province; and the parliament of that mation having resolved upon the system of perpetual war, it was necessary to exclude their squadrons from the Continent, before they could have an opportunity of re-committing such an enormity as their attack upon Copenhagen. Impelled by this combination of motives, I sent my

they act only from the impulse of gain. With them there is neither honour nor faith, nor do they hold any obligation sa cred.-They have sacrificed your Majes ty's House, Denmark, Sweden, Holland, Austria, Prussia, and latterly, Portugal and Spain. But, at this moment, they have no friends on the Continent; they have lost all their relations with it. I make this representation to your Majesty, to impress you with the truth of my pressions, and the absolute necessity under which I find myself of sacrificing some dynasties. But a new order of things is about to succeed, and every thing will be remedied. France, though friendly to in novation, entertains, nevertheless, great attachment and deference for established usages and customs.

ex

The same people who destroyed the throne did not cease until they re-establishi

jesty. Upon this depends the happiness. 2. The proprietors of such magazines of more than an hundred millions of souls; lying between the distance of two thouand I, who am interested in the welfare sand, and that of five thousand rods from of so many nations, pray and supplicate the sea-coasts, shall be at liberty to clear your Majesty to second my intentions. and carry off the same, within the space Let not prejudices, erroneous views of in- of 14 days, under the authority of inland terest, and, above all, the seductive arti-permits.

fices of the English, cause your Majesty

to lose so favourable a conjuncture.

3. All licensed retail dealers shall de

"Let your Majesty, availing yourself liver in at the nearest office of the Direc of your natural talent and perspicacity, tor by Water, a special declaration in avoid being surprised by those who hover writing of their stock in hand. about your spouse. May Europe not see herse! frustrated of this basis of felicity; 4. The necessary sufferances shall be in consequence of which, the interest of delivered to the retail dealers, to ascertain all the dynasties being conciliated, they the colonial goods and manufactures which may fall with their whole weight upon they may keep on hand in order to carry the pirates! May the present generation, on their trade. This stock shall be regu in front of whom Providence has placed lated by the average of the extent of their us, witness the sacrifice which Monarchs licences, and the amount of their payshall be disposed to make of their pas-ments to the weigh-house tax, in case sions! This I expect of your Majesty, they are rated thereto. The quantity, and so I entreat that he may take you into however, shall in no case exceed one-third his holy and worthy keeping, &c."

NEW DUTCH DECREE.

of the annual sales.

5. The local authorities shall, within the shortest possible period, transmit to the Director-General of the Middelen te Water, lists of the licensed shop keepers within their respective districts, dealing in with a statement of the sum they are rated colonial commodities and manufactures, at, to the weigh-house tax, which stateUpon the Report of our Minister of ment they are empowered to demand of Finance, of the 21st of May, 1810, &c.-len te Lande. The said lists are to be the Receiver or Collector of the MiddeWe have decreed, and hereby decree,

Louis Napoleon, by the Grace of God and the Constitution of the Kingdom, King of Holland, Constable of France.

Art. 1. The line of two thousand rods, established by our decree of the 25th of May, 1809, No. 25, and further described in our decree of the 3rd of November, 1809, No. 12, within which limits, with the exception of certain places therein mentioned, and the Town of the Hague, are prohibited all magazines, depots or warehouses of colonial goods and English manufactures, or articles held to be such according to the Proclamation of the 31st of May 1805, is extended to the distance of five thousand rods from the sea-coasts. All unlicensed magazines found within the former space, shall be put under sequestration, to be disposed of in such manner as shall be farther provided.

accompanied with such remarks as tend to make the Director-General more particularly acquainted with their local interests in this respect.

6. The present decree shall be published in the Bulletin of Laws.

7. Car Minister of Finance, Justice, and Police, and also the Director-General of the Middelen te Water, are charged with the execution of the present decree.

Given at our Palace at Haarlem, this 24th day of May, in the year 1810, and of our reign the fifth.

Published by R. BAGSHAW, Brydges-Street, Covent Garden :-Sold also by J, BUDD, Pall-Mall,

LONDON:-Printed by T. C. Hansard, Peterborous Court, Fleet-Streer.

VOL. XVII. No. 26.] LONDON, SATURDAY, JUNE 30, 1810.

Flower, 8 Term Reports, p. 323, who had been committed by the House of Lords. And your Committee have not found the authority of a single decision to the contrary in any. Court whatever.

of immediate punishment and example is required to prevent the evils necessarily arising from this offence, which evil it is obvious would be much less effectually guarded against by the more dilatory proceedings of the ordinary Courts of Your Committee also beg leave to state,

Law; nevertheless upon some occasions the House of Commons have proceeded against persons committing such offences, by directing Prosecutions, or by addressing his Majesty to direct them, as appears by the Precedents collected in the Appendix.-From the series of Precedents which your Committee find on your Journals, it will most clearly appear that the House of Commons have treated Libels as Contempts; that they have frequently punished the Authors and Publishers of them by Commitment, whether those Authors and Publishers were or were not Members of the House; and that this power has been exercised at all times, as far back as the Journals afford an opportunity of tracing it. And your Committee cannot forbear observing, that the Precedents subjoined to their Report establish this Law of Parliament, upon the ground and evidence of an immemorial usage, as strong and satisfactory as would be held sufficient in a Court of Law, for the establishment of any legal right.Your Committee also beg leave to observe, that the general power of Commitment was solemnly asserted by the House of Commons in 1975, and in their Resolutions of 1701; and was also claimed by the House of Commons, and admitted by the House of Lords in the most explicit terms, in the Conference between the two Houses in the case of Ashby and White, in 1701; although other points arising in that case were strongly controverted between the two Houses.-Your Committee further state, that it has been recognized by legal authority, and by the most solemn decisions of the Courts of Law on various occasions, whenever any question upon it has been brought before them:-By eleven of the Judges-in the Case of the Aylesbury Men. 2 Lord Raym. p. 1105. 3 Wils. p. 205.-By the Court of King's Bench-in Murray's Case. Wils. p. 299. 1751. By the Court of Common Pleas in the Case of Brass Crosby. 3 Wils. p. 203. 1771.-By the Court of Exchequer-in the Case of Oliver. 1771. And that this power of Commitment by either House of Parliament, was further recognised by the Court of King's Bench in the Case of Benjamin

that the Judges of the Common Law have considered Libels upon their Courts or the proceedings in judicature as Contempts, and have frequently punished the authors and publishers of them by summary commitment. This appears from various instances stated in the Appendix which have occurred both in Courts of Law and Equity.-Amongst the Judges who have concurred in those decisions, upon the power of Parliament and of the Courts of Law and Equity to commit for such Conteinpts, are to be found Lawyers the most distinguished for their zealous regard for the liberty of the subject, and the most upright, able and enlightened men that ever adorned the seat of justice; and the doctrines laid down by them all coincide with the opinion solemnly delivered by Lord Chief Justice De Grey in Crosby's Case, that the power of Commitment is " inherent in the House of Commons from the very nature of its institution, and that they can commit generally for all contempts." 3 Wils. p. 198.-Under all these circumstances, your Committee can have no hesitation in submitting their decided opinion, that the power of Commitment for a Libel upon the House, or upon its members, for or relative to any thing said or done therein, is essential to the Freedom of Debate, to the Independence of Parliament, to the security of the Liberty of the Subject, and to the general preservation of the State. This power is in truth part of the fundamental Law of Parliament; the Law of Parliament is the Law of the Land; part of the Lex Terræ, mentioned in Magna Charta, where it is declared, that "no Freeman shall be taken or imprisoned but by lawful judgment of his Peers, or by the Law of the Land;" and it is as much within the meaning of these words," the Law of the Land," as the universally acknowledged power of Commitment for Contempt by the Courts of Justice in Westminster Hall, which Courts have inherent in them the summary power of punishing such Contempts by Commitment of the Offenders, without the intervention of a Jury.-Your Committee therefore are of Opinion, That this Power is founded on the clearest princi