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consequences, would afford the opportunity of bringing under consideration of the House, many matters of the most essential concern to the happiness of this country; and we think that this House ought not, at any time, to refuse the request of a peer, who desires that the House may be summoned upon a motion which he promises to make, and which he declares to be of importance. And we are the better warranted in this opinion, as we apprehend that, in fact, there are no instances of the House rejecting a motion for the Lords to be summoned.

2. Because several lords in administration, being sensible of the indecency and novelty of directly rejecting such a motion, chose to get it rejected indirectly, by that parliamentary management of moving to adjourn to a long day; and we conceive such an artful conduct unworthy of a House of Parliament at any conjuncture; but to be particularly so in the present moment, when his Majesty, in his Speech, has recommended several matters of the most serious nature to our immediate consideration, and when the universal discontent of the nation (on account of certain arbitrary and illegal proceedings, whereby their most valuable rights are subverted) threatens some near and dangerous crisis.

"In this moment, and when the House has not sat one day, to do any other business than sending a complimentary address to the crown, when it had already adjourned for almost one week, to adjourn

for another, will, we conceive, tend to damp the hopes of that relief for which the people do, and ought, in their present situation, to look up to this House; as it indicates an unwillingness to enter upon matters of the highest importance to the peace and welfare of the kingdom; affords a bad prognostic of the protection which this House owes to the rights and liberties of the subject, and shews, that we are more attentive to the conveniences of administration than to the real grievances of the people.

"3. Because, although no reason was alledged for this uncommon proceeding, one was hinted at of an extraordinary nature indeed, whereby we were made to understand that this delay of a week was necessary for administration to settle arrangements relative to an office which was so closely connected with this House, that it could not sit without the officer.

"It is difficult for us to give our senti

ments upon a matter which the lord who mentioned it, though called upon, refused to explain. But when we reflect that this hint came from a noble lord in high and confidential office, we think it could have alluded only to the removal of the Lord High Chancellor of England, the Speaker of this House; and when we recollect

"The seal was taken from lord Camden, and offered to Mr. Yorke, who had twice filled

the office of Attorney General with the greatest reputation for talents and integrity. The unsettled state of parties, and the gloomy com plexion of affairs, naturally occasioned him to feel considerable reluctance at undertaking the high office to which he was called, at that particular time. Nothing probably could have overcome his repugnance, but the earnest manner in which his acceptance of the great self, as most essential to his service. Thus seal was pressed upon him, by the King himurged, Mr. Yorke determined to obey the commands of his Sovereign, without_reversionary conditions of stipulations. He was immediately raised to the peerage by the title of baron Morden, of Morden in Cambridgeshire, an honour he did not live to possess, as the patent was not completed before his death, which occurred three days after he had received the great seal.

"Mr. Charles Yorke, second son of Philip, first earl of Hardwicke, was born in 1723. He had studied the laws and constitution of his

country, and their application to the science of politics, in the best school of the age; he was no less eminent at the bar than in the estimation of the most enlightened statesmen. His extensive literary acquirements, his great abiliwell known and universally respected. He ties, and the integrity of his character, were

while he held the important office of atwas appointed solicitor general in 1756, and torney general, was deservedly high in the confidence of the administration, and of his country. His probable elevation to the dignity of chancellor had been long contemplated with hope and expectation by the public, and consequently his death was considered highly prejudicial to the interests of the nation, as, had he lived, a more firm and comprehensive sysand more conciliatory measures adopted totem of administration might have been formed, ward the American colonies.

"After the death of Mr. Yorke, the great seal was offered to sir Eardley Wilmot, and to lord Mansfield, but both declining, it was put in commission, and lord Mansfield was appointed speaker of the House of Lords till there should be another chancellor.

"The removal of lord Camden was followed by several resignations; the marquis of Granby gave up all his places except the regiment of blues; the duke of Beaufort vacated his situation of master of the horse to the Queen; the duke of Manchester and the earl of Coventry

Lord North then acquainted the House, that there had been no opportunity of informing his Majesty of Mr. Speaker's illness; and therefore moved to adjourn till Monday.

the part, so honourable to himself, but perhaps so offensive to administration, which that noble lord had taken the first day of this session, we cannot but be apprehensive that there may be some evil counsellor hardy enough to attempt punishments for freedom of debate in parliament, and to dare advise his Majesty to remove from his office a peer of this House at the head of the law for his vote in parliament. (Signed) Richmond, Scarborough, Fortescue, Fitzwilliam, Manchester, Rockingham, Portland, Wycombe, Temple, Albemarle, Bolton."

Illness of the Speaker, Sir John Cust.] January 17. Mr. Hatsell, the Clerk, informed the House, that Mr. Speaker was taken ill, and so much out of order that it was impossible for him to attend the service of the House: that Mr. Speaker had

sent for him into his bed-chamber about an hour ago, and desired him to express, in the most grateful terms, his dutiful acknowledgement to the House, of the great kindness they had always shewn him, and the assistance they had given him in the execution of his office: that he was extremely sorry that the public business should meet with any delay upon his account, but that he found himself so very ill, and the nature of his complaint such, as to make it impossible for him to ascertain when he should be again able to attend his duty: that he therefore, with great concern, must intreat the House to excuse him at present from any further attendance on their service: that Mr. Speaker would have written a letter to have made his excuses to the House, but was unable, from the state of weakness he was in that he therefore repeatedly desired the Clerk to express his dutiful thanks to the House for their kind acceptance of his former services, and his great concern that his state of health should be the cause of the least interruption to the business of the public.

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After the delivery of the said message, and before any member spoke, the mace was brought into the House by the Serjeant, and laid under the table.

renounced their posts as lords of the bedchamber; the earl of Huntingdon his place of groom of the stole; and Mr. James Grenville his office of one of the vice-treasurers of Ireland. Mr. Dunning, the solicitor general, also resigued." Adolphus.

After a short debate, whether the House should adjourn to Monday or only to Friday next, the Clerk (to whom all that spoke directed themselves, according to former practice) by order of the House, put the question for adjourning till Monday.

Sir Fletcher Norton chosen Speaker.] January 22.* Mr. Serjeant came, and brought the mace, and laid it under the table.

Then Lord Barrington (addressing himself to the Clerk, who, standing up, pointed to him, and then sat down) spake as followeth :

Mr. Hatsell;

I am commanded by the King to inform this House, that sir John Cust hath sent him word, that he is prevented by indisposition attending the service of the House as Speaker; and I am further commanded by his Majesty to say, that in order that there may be no delay in public business, he gives leave to this House to proceed to the Choice of a new Speaker.

After the delivery of which Message to the House,

Lord North stood up, and addressing himself in like manner to the Clerk, said :†

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count of my profession; I have, indeed, been bred to a laborious employment, the law; and I have followed it with great, very great assiduity for more than forty years; it has, therefore, in some measure engrossed my attention, and circumscribed my experience; but though my time has been much taken up by the courts below, I am not altogether a stranger to this House; I have sometimes been brought hither in the course of my profession, and it is well known, that I have sometimes had the honour of being called up to give my opinion upon solemn and important occasions. But though I am not willing to be thought wholly unworthy of the honour for which I have been proposed, yet I am conscious, that I owe much to the partiality of my friends, who have supposed me to be in every respect equal to it: it is an honour which I have not solicited, as I would neither assume a merit which might claim it, nor seek that by favour which I could not claim. I see many gentlemen round me, who, I am sure, would fill the vacant seat with the greatest credit to themselves, and advantage to the House, and whom I would by no means preclude; if, however, after all, it shall be the determination of the House to confer

a post of such trust and dignity upon me, I will most certainly accept it, considering a right intention, as the best preservative against wrong conduct.

"It has been objected to me, that my knowledge of the law, has not acquainted

me with the rules and orders of the House; but that on the contrary, my long and constant attendance on the courts below, has deprived me of opportunities, which I might otherwise have improved for acquiring this qualification. I should ill deserve the confidence which it has been proposed to place in me, if I denied the justice of this charge: I make no pretensions to an exact knowledge of these rules and orders; they are much too numerous for my opportunities, and I had almost said, too trivial for my attention: I know enough of them, to think them beneath the regard of an august and legislative assembly, in deliberations that regard the safety, the peace, and the prosperity of a great nation such an assembly should disdain the trifling formalities which have been contrived to give importance, where all other importance is wanting; which constitute what is called the etiquette of a court, whose very essence is form, and fall properly under the cognizance of a gentleman

:

usher, or master of the ceremonies, but are by no means worthy either of this House, or its Speaker. I shall however consider whatever appears of importance to this House as an object worthy of my pursuit, and endeavour to learn whatever I find myself unacquainted with, as far as it appears necessary to the discharge of my trust. That it is good to walk with a horse in one's hand, is a trite proverb, but a good one: it is often fit to have that in our power which we do not use, and I shall therefore make the rules and orders of this House, however numerous, or however trifling, my study, if, under much more considerable disadvantages, I shall be thought worthy of your choice. For two things I can engage, without arrogating any other merit or qualification, than God has put equally into the power of all mankind; if I shall be put into the vacant Chair, and find myself qualified, I will fill it like an honest man; and if when I am seated there, I find myself unqualified, I will leave it like an honest man."

Mr. Thomas Townshend:

I had not the least knowledge or expectation of being proposed for the friend for so flattering a testimony of his vacant Chair; I most sincerely thank my partiality in my favour; but I am equally honour of such a situation. unfit for the duties, and unworthy of the honour of such a situation.

Several members spoke in the debate on each side; among others for Mr. Townshend were Mr. Montagu and Mr. Edmund Burke.

The question was then put by the Clerk,

"That the right hon. sir Fletcher Norton do take the Chair of this House as Speaker."-The Clerk declared the Yeas had it. The House was divided. The Yeas on the right hand: the Noes on the left. The Tellers were appointed by the Clerk; viz.

For the Yeas, (Dr. William Burrell) 237-For the Noes, (Mr. Hotham) 121. So it was resolved in the affirmative.

Whereupon sir Fletcher Norton was conducted to the Chair by Lord North and Mr. Rigby. Where being placed, he expressed himself truly sensible of the high honour the House had been pleased to confer upon him. And then the mace was laid upon the table.

Afterward Lord Barrington spoke as follows:

Mr. Speaker; his Majesty hath commanded me to inform this House, that it is his Majesty's pleasure, that this House should present their Speaker to his Majesty to-morrow at one o'clock at noon, the House of Peers, for his royal appro

in

the 24th instant. The object of his lordship's speech was to shew that the present unhappy condition of affairs, and the universal discontent of the people, did not arise from any immediate temporary cause, but had grown upon us by degrees, from the moment of his Majesty's accession to the throne. That the persons, in whom his Majesty then confided, had introduced a total change in the old system Then Mr. Speaker elect put the ques- of English government-that they had tion for adjourning the House till tomorrow morning, ten of the clock; which adopted a maxim, which must prove fatal being agreed to, the House was adjourned" the royal prerogative alone was sufficient to the liberties of this country, viz. "That accordingly; and Mr. Speaker elect went away without the mace before him.

bation.

January 23. A Message from his Majesty by sir Francis Molyneux, gentleman

usher of the Black Rod:

"Mr. Speaker, the King commands this honourable House to attend his Majesty immediately in the House of Peers." Accordingly Mr. Speaker elect, with the House, went to attend his Majesty up in the House of Peers; where Mr. Speaker elect was presented to his Majesty for his royal approbation:

Then the right hon. William lord Mansfield, lord chief justice of his Majesty's Court of King's-bench, and Speaker of the House of Peers, after receiving directions from his Majesty, signified his Majesty's approbation of Mr. Speaker elect.

The House being returned,

Mr. Speaker reported, that the House had attended his Majesty in the House of Peers; where his Majesty was pleased to approve the choice they had made of him to be their Speaker.

And then Mr. Speaker again thanked the House for the honour they had done him, begged their assistance and support in the discharge of the duty of his office, and assured them he would conduct himself with the strictest impartiality, and endeavour to supply, by assiduity and diligence, what he wanted in experience and

abilities.

Debate in the Lords on the State of the Nation.] January 22. The Marquis of Rockingham rose, and moved, "That this House will take into consideration the State of the Nation on Thursday,

* This debate is printed from the Notes of the gentleman mentioned in p. 647, and has been revised by him for this work. [A. D. 1813.]

"to support government, to whatever
"hands the administration should be com-
"mitted;" and he could trace the ope-
ration of this principle through every act
of government since the accession, in
which those persons could be supposed to
have any influence. Their first exertion
of the prerogative was to make a peace
contrary to the wishes of the nation, and
on terms totally disproportioned to the
successes of the war; but, as they felt
themselves unequal to the conduct of a
war, they thought a peace, on any condi-
tions, necessary for their own security and
permanence in administration. He then
took notice of those odious tyrannical
acts of power, by which an approbation of
the peace had been obtained. And he
mentioned the general sweep through
every branch and department of adminis-
tration: the removes not merely confined
to the higher employments, but carried
down, with the minutest cruelty, to the
lowest offices of the state; and numberless
innocent families, which had subsisted on
salaries from 50 to 2001. a year,
turned out to misery and ruin, with as
little regard to the rules of justice, as to
the common feelings of compassion.
That their ideas of taxation were marked
by the same principle. The argument
urged for taxing the cyder counties, viz.
"The equity of placing them on the
same footing with others, where malt
liquors were chiefly used," was too obvious
to escape the attention of former mi-
nisters; but former ministers paid more
regard to the liberties of the people, than
to the improvement of the revenue. That
the object of the Cyder Act, or the effect of
it at least, was not so much to increase
the revenue, as to extend the laws of ex-
cise, and open the doors of private men to
the officers of the crown.

Without entering into the right of tax-
ing America, it was evident that, since

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the revenue expected to arise from that measure was allowed to be very inconsiderable, the real purpose of government must have been to increase the number of their officers in that country, and consequently the strength of the prerogative.

He then took notice of the indecent manner, with which the debt upon the King's civil list had been laid before, and provided for, by parliament. No account offered-no enquiry permitted to be made-not even the decent satisfaction given to parliament of an assurance that in future such extraordinary expences should be avoided. On the contrary, the King's speech on that occasion had been so cautiously worded that, far from engaging to avoid such exceedings for the future, it intimated plainly that the expences of the King's civil government could not be confined within the revenue granted by parliament. That as the nation was heavily burthened by the expence, they were no less grossly insulted by the manner in which that burthen was laid upon them. That, in certain grants lately made by the crown, the ministry had adhered to their principle of carrying the prerogative to its utmost extent. No right of property, no continuance of possession had been considered. But, if these had been weaker than they were, he thought some respect was due to the memory of the great prince by whom these grants had been made; and, in common justice to the noble duke, [of Portland] whose property had been invaded, the ministry should, at least, have avoided that hurry and precipitation, which had hardly left his grace time to defend his rights; and by which the ministry themselves seemed to confess their measures would not bear a more deliberate mode of proceeding. But the purposes of an election were to be served; and the person, benefited by this measure, was supposed to be a better friend to administration than the noble duke, whose property had been arbitrarily transferred to another. And when, upon occasion of this extraordinary measure, and to quiet the minds of the people, a bill had been brought into parliament for securing the property of the subject, it had been rejected the first year, and violently resisted the second; but the justice and necessity of it had prevailed over the influence and favourite maxims of the administration. That the affairs of the external part of the empire had been managed with the same want of wisdom,

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and had been brought into nearly the same condition with those at home. In Ireland, he saw the parliament prorogued, (which probably led to a dissolution) and the affairs of that kingdom left unprovided for, and in the greatest confusion. in America measures of violence had been adopted, and it had been the uniform language and doctrine of the ministry to force that country to submit. That, in his own opinion, violence would not do there, and he hoped it would not do here. But even if a plan of force were advisable, why had it not been adhered to? Why did they not adopt and abide by some one system of conduct? That the King's speeches and the language of the ministry at home had denounced nothing but war and vengeance against a rebellious people, whilst his Majesty's governors abroad were instructed to convey to them the gentlest promises of relief and satisfaction. His lordship here referred to lord Botetourt's speech to the assembly of Virginia, in May 1769, out of which he recited a passage in point. The passage was this" I think myself peculiarly fortunate to be able to inform you, that by a letter, dated May the 13th, I have been assured by the earl of Hillsborough, that his Majesty's present administration have at no time entertained a design to propose to parliament to lay any further taxes upon America for the purpose of raising a revenue, and that it is their intention to propose, in the next session of parliament, to take off the duties upon glass, paper, and colours, upon consideration of such duties having been laid contrary to the true principles of commerce."

With respect to foreign affairs, he thought it highly necessary to enquire, why France had been permitted to make so considerable an acquisition as the island of Corsica? That no man could deny, that this island would prove a great addition to the strength of France, with respect to her marine; both from its har bours, and the timber it produced. He thought this attempt of France was not only unjust in itself, but directly contrary to certain stipulations in the treaty of Aixla-Chapelle, confirmed by that of 1763, by which it was determined and settled, "That the republic of Genoa should be entirely re-established and maintained in all its former states and possessions; and that, for the advantage and maintenance of the peace in general, for the tranquil

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