ling by an authentic statement. He contended that the charge of caprice was unfounded. But he conceived that it would be of advantage that the attention of the commanders of regiments was turned to the practicability of maintaining discipline by other modes than by corporal punishment. He implored the honourable baronet to withdraw his motion, otherwise he must give it his negative.

Mr. Lockhart, besides the securities against caprice already mentioned, stated the additional one of a right of appeal from a regimental to a general court martial. It was not likely that corporal punishment would be inflicted in the local militia, except in very. heinous cases, or where the whole force should be called out in the event of invasion, and in these cases he thought the power ought to exist. He contended that no inference could be drawn, from the single instance of the punishment by shame at Madrid, to the general practice of the French army, which was far severer than ours.

Sir Francis Burdett persisting in his motion, a division took place:

For the motion

Against it

Majority

4

77

73

While the gallery was shut, the motion on the dismissal of the late Mr. Dalrymple from the office of hydrographer to the admiralty was postponed.

HYDE PARK.

Mr. Creevey adverted to the advice given to the crown, under the recommendation of the surveyor general of the crown lands, to give leases of certain parts of Hyde park to certain individuals, for the purpose of building. He expatiated on the utility of the park to the metropolis, for the purposes of ornament, recreation, and health, and commented on the impropriety of recommending to the crown to lease out parcels, a practice to which there would be no limit, unless the house should interfere. He adverted to the extraordinary selection made by Mr. Fordyce, the surveyor general of crown lands, for the objects of these grants, among persons of great influence in political parties. He hoped his majesty would interfere, to prevent the diminution of the indulgence hi

therto granted by the king to his people, and by them in part purchased by the expenditure of the public money; on a late occasion, of not less than 50,000/. for the repair and ornament of those parks. He moved that there be laid before the house a copy of a letter of Mr. Fordyce to the commissioners of the treasury, recommending to make ceriain leases of lands in Hyde park, with the answer thereto.

Mr. Hanbury Tracey secorded the motion. He censured the plan of curtailing Hyde park; but if the mea sure was persevered in, he wished the chancellor of the exchequer would include him among those to whom lots were to be given.

The Chancellor of the Exchequer objected that there was no parliamentary ground for the motion, His majesty certainly was not likely to receive a recommendation on this head contrary to the principles of regard to the convenience of his subjects of the city of London, which he had exercised during his whole reign. The proposition for granting these tracts on lease was before the treasury only since Monday last. No determination was yet come to upon it, consequently, no communication had been had with his majesty upon the subject. But if the board of treasury should be of opinion to re commend the plan to his majesty, certainly no right of nomination would be allowed to the surveyor of the crown lands, no favour would be shewn, nor would any other principle than that of a fair open competition; and far from being a boon to any one, the ground for these houses, and the houses themselves, if it should be thought fit to build them, would be the dearest in London. But nobody must imagine that it was in contemplation to make the retrenchment of the park a matter of lucre, or that the extent necessary for the recreation of the metro polis would be narrowed one inch.

Mr. Windham supported the motion, He wanted some security against the execution of the plan now before the treasury. If the papers moved for, were produced for the object assigned by the honourable mover, it would be certain that no step would be taken till parliament could turn its attention to this matter in the next session. Though it was proposed to build only eight houses on the verge, there would be no limit when once the precedent of trenching on the park should be introduced,

He did not complain of the power the crown had over the parks he wished to know how the case stood between the crown and the public; whether the arrangement made in 1794 included the parks; whether they were, like the crown lands included in that arrangement, more under the controul of the house, or, like the other crown lands, wholly under the discretion of his majesty. Mr. Windham expatiated at considerable length, and with much whimsicality, on the importance of the parks, which he described as the lungs of London; and drew a moving picture of the disappointment that would be felt by a citizen walking from Whitechapel, to ge a little fresh air in Hyde park, and finding the area of it crowded with houses, vomiting smoke, and preventing vegetation. The parks were the only appendages of royalty that this capital contained. There were no palaces except that of St. James's, now no longer used as a royal residence; of that edifice he did not think so meanly as others did. It cer tainly had, in addition to the characteristics of spaciousness and antiquity, one principle of likeness to a pa lace, that it was not like any thing else (a laugh). It could not possibly be taken for the residence of a private individual. But being no longer used, it became more necessary to preserve the parks in their full extent. It was not sufficient to say, that the public comfort might still be consulted, though buildings should be to a cer-, tain extent erected. That was done at Paris, in the con version of the gardens ef Orleans into the Palais Royal; a very beautiful thing, and combining much of public convenience and amusement, but viewed with much this satisfaction when compared with the gardens for which it was substituted. On all these considerations, he pro tested against the design recommended by the surveyor general of crown lands.

Mr. Sheridan coincided entirely in the opinions of his right honourable friend. He had long turned his thoughts to the architectural improvement of Westminster, and had formed some plans which he intended to propose to be carried into effect. But it was a fixed principle with him, that not one inch of the parks should be taken from the public. It appeared, that the plan now under con sideration, though so short a time known to the treasury, was far advanced; and he could not conceive why Mr. Fordyce should assume the right of naming particular

1

individuals, treating with them, and almost bargaining with them, as if his recommendation of the plan and persons must necessarily be acceded to. He thought it right not only that there should be a competition, but that there should be obligations to build in a style of proper grandeur. He censured the taste of the houses in Hamilfon-place, and blamed the injustice of depriving the inhabitants of Park-lane of the prospect of the park. He would prefer building on both sides of Rotten-row, where the gentlemen may lounge up and down, with ladies to look at them, without any injury to any one. He was ready to do justice to the fairness of Mr. Fordyce's conduct in his office, which was by no means liable to the charge of favouritism. He acknowledged also the great benefit which the land revenue had derived from Mr. Fordyce's plan. He hoped his majesty's ministers would. give assurance that the plan which had excited so much alarm would not be proceeded on, and that his honourable friend would on that assurance withdraw his motion. He gave notice that he would carly in the next session bring forward his plan for the systematic architectural improvement of Westminster. He had communicated this plan to his honourable friends when in office; but they were adverse to it from motives of economy: though he thought he had given them reason to believe that it would not be so expensive as they at first imagined.

After a few words from the Secretary at War and Mr. Huskisson, the house divided:

The committee of privileges proceeded on the claims to the earldom of Roxburgh. The attorney general was further heard on the part of the crown. After some observations from the Lord Chancellor on the impossibility' of deciding upon this cause in the course of the present

session, further proceedings were postponed till the first Tuesday in the next session.

ORDERS OF COUNCIL.

Lord Holland wished to be informed whether any ene gagement had yet been entered into with Sweden, to give effect on their part to the orders of council. A noble friend of his (lord Grenville) had formerly given notice of a motion to address his majesty to revoke those orders, but had been induced to withdraw it in consequence of the negotiations that were pending. Although no motion to that effect had, on that account, since been made, he still retained his former opinion with respect to the impo licy and injustice of those orders. As the case at present stood, the execution of those orders rested with his ma jesty's ministers, in whom he could have very little confi dence. They had the power of suspending the execution of those orders in certain cases, by means of granting li cences; and he was anxious to know what policy in this respect it was intended to adopt towards Spain. He did not wish to extort from ministers any answer that it might be improper to give; but he trusted that the narrow po licy of selling licences would not be adopted upon the present occasion, but that a broad and liberal policy would mark the conduct of his majesty's ministers with respect to the Spanish nation; and in this view, it might be expedient to revoke the orders of council, so far as re garded the ports of that country. He could not help again adverting to the expediency of issuing a declaration, stating in an open and manly manner our views with respect to Spain, and our determination to assist them, without intermixing any selfish objects in the recovery of their independance. He had heard that the Spanish prisoners had been released, and he applauded it as a wise and li beral act. He thought, however, that it ought to have been accompanied by a declaration of our motives for doing so, which would have had a much better effect in, Spain than the mere act itself, or than what the released prisoners could be enabled to state on their return to Spain. He could not agree in the policy of waiting un til a regular government was established, in Spain; that. must rather be the result of the present struggle for their independance, than precede it. In the case of the revo lution in Englandi, at the time of the landing of the VOL.III. 1508. 4 K