the expiration of six months, no return should be made, it was intended, in such cases, to give the power of collecting the tax at the Bank in the manner first proposed. He trusted this arrangement would obviate all the objections which had been made to the clauses in their present shape, and at the same time afford sufficient security to the revenue. A long conversation took place on the clause relative to foreign stockholders.

The Chancellor of the Exchequer introduced an amendment, which not only exempts stock already purchased by foreigners from the tax, but also all funded property, which may, during the operation of the act, be acquired by persons not subjects of his Majesty, and not residing in the British dominions.

Mr. Pitt expressed his satisfaction at finding the right hon. gent. was at last convinced of the erroneous principles on which the bill was originally founded, with respect to funded property. It was now not only acknowledged, that a violation of public faith had been avoided, but the right hon. gent. had extended his correction of the evil to points which were not hinted at in the arguments he had thought his duty to submit on this subject to the Committee.

The Chancellor of the Exchequer could not admit that the bill, as it originally stood, contained any breach of faith. In the present instance, it was not any doubt in his mind respecting the right of the legislature to extend the tax to funded property, which might hereafter be acquired by foreigners, that had induced him to suggest the amendment. The proposition was solely founded on considerations of policy; for it was certainly of importance to increase the number of buyers in the funds; and this amendment, he conceived, would be a farther inducement to foreigners to purchase British stock.

The Attorney General also contended, that the principle upon which the bill at first went, implied no breach of faith. Distinctions had indeed been made with respect to the nature of property. It had been thought just to make the revenue arising from permanent capital in London in the public funds, pay more than the precarious profits of trade or profession; and he regretted that those distinctions were abandoned for the sake of that uniformity of principle, which his right hon. friend (Mr. Pitt) had recommended.

Mr. Pitt insisted, that the only ground for the exemption of foreigners was the avoiding a breach of public faith. Making them liable to the tax, would not prevent them from buying into our funds. The advantages, VOL. IV.

and the security enjoyed by the British stockholder above the public creditor of any other country, would always procure plenty of purchasers.

After some further conversation, the amendment was agreed to. The paragraph in schedule D, which subjects the annual profits made by persons not the subjects of his Britannic Majesty, nor resident in GreatBritain, on trade or employment exercised in Great-Britain, to a duty of 1s. for 20s. underwent a very long discussion. It was at last agreed to refer it for future consideration. The first rule of schedule D, No 2, which directs that the duty to be charged in respect of any trade or manufacture shall be computed on a sum not less than the full amount of the profits for the preceding year, was also discussed at great length.

Mr. Pitt thought that an average of the three years immediately preceding the time of making the assessment would be the fairest rule of estimation; but he was against leaving it to the choice of the parties, whether they would found their return on that average, or on the profits of the preceding year; because, in that case, the election would always be made in a way injurious to the interest of the public. The option to this effect, which had been given under the last income act, had occasioned a very great defalcation in the tax.

After a very long conversation, it seemed to be the general opinion of the Committee, that no option should be allowed, and that the duty should be estimated on the average profits of three years, immediately preceding the 5th of April last; but the clause was referred. The Committee, having got through little more than one-third of the bill, the Chairman reported progress, and obtained leave to sit again on Monday.

HOUSE OF LORDS.

Monday, July 18.

[MINUTES.]-Counsel were called to the bar, and evidence further heard on the Bristol Port Bill; after which, Mr. Adam and Mr. Harrison were heard in support of the bill, and Mr. Serjeant Heywood was heard in reply. The bill was then read a second time. On the question, that the bill be committed, the House divided-Contents 5, Non-contents 2. The bill was then ordered to be committed.-The Scots Inland Navigation Bill, for the grant of 20,0001; the Irish Loan Bill, and the Thames Police Bill, were brought up and read a first time.On reading the Bill for procuring Returns relative to the Expense and Maintenance o * I

the Poor, the Earl of Suffolk said there ought to be a regular return of the poor. It was highly important that their numbers should be known. By some late and minute calculations, the poor of England amounted to three millions.

[WOOLLEN MANUFACTURE SUSPENSION BILL.]-The Lord Chancellor called the attention of the House to a bill brought in by a noble Earl, not then in his place, for the purpose of postponing to some distant day, the second reading of that bill, if their lordships should ever think proper to read it a second time. His lordship described the nature of the Woollen Manufacture Bill, which the House had referred to a Committee above stairs, and which went to repeal a variety of existing acts of Parliament. The object of the noble Earl's bill was to suspend the proceedings respecting the Woollen Manufacture Bill, so as to enable the House to renew them in their present state at an early period of the next session. Their lordships were induced to entertain it in the first instance, without perhaps giving it sufficient consideration. He had since turned his mind to the subject, and had learned, that no precedent for such a proceeding had obtained, except in cases of bills of pains, and for the due securing of those who were amenable to the laws. Such a measure, if adopted, would tend to establish a dangerous precedent, the practice might become frequent, and even a general bill of suspension. The option of deciding on the bill referred to a Committee lay with their lordships, and it necessarily became a question, whether, considering the advanced period of the session, they could pay it that due and necessary attention which it required. His lordship then adverted to the length of time, nearly eight months, it was before the House of Commons, and said it deserved one consideration. whether in the little period of the session that remained, their lordships would have sufficient time to weigh and examine the subject with proper care and deliberation. Every due attention ought to be paid to the interests of the several parties concerned; but probably, in the other House, they may think proper to go upon the report of their Committee at once. His lordship pointed out the different courses which the House had in their power to pursue respecting the Woollen Manufacture Bill, and concluded with moving, that the further consideranon of the Earl of Radnor's Suspension bill be adjourned to that day fortnight; and. that the bill to suspend proceedings in actions, prosecutions, and proceedings, under

certain acts relating to woollen manufacture (ordered to be printed in Dec. last) be cómmitted for Thursday next.-Ordered.

HOUSE OF COMMONS.

Monday, July 18.

[MINUTES). The bill for making a canal from Inverness to Fort Augustus was read a third time, and passed.-The City of London Army of Reserve Quota Bill was report ed and recommitted to the next day.-The House resolved itself into a Committee, to consider of the bonding of prize goods. The following resolution was then moved: "That prize goods, after condemnation, should be permitted to be landed and ware housed, on paying for every ton of wine and vinegar, 21. certain duties on brandy, &c. That corn and grain taken should be subject to the same duties as in Great Britain, and that prize goods should be liable to the same duties as if imported." The report was ordered to be received the next day.-The House went into a Committee on the Longitude Act, and the report was ordered to be received the next day.-The 4th report of the Commissioners for Naval Inquiry was presented, and ordered to be printed.-A Message from the Lords informed the House, that their Lordships had agreed to the Queen Anne's Bounty Amendment Bill and several private bills. The report of the Churches and Parsonage Houses Bill was received. A clause was proposed for allowing persons to devise lands to the extent of 50 acres. Several other clauses were added, and the bill was ordered to be read a third time the next day. The Irish Treasury Bills Bill was read a third time, and passed.

[DEFENCE OF THE COUNTRY]-The Secretary at War rose and said, that in consequence of the notice he had given, it now became his duty to propose to the House a motion for leave to bring in a bill for amending the act for the defence of the country, passed in the course of the present session, and to enable his Majesty more effectually to exercise his ancient prerogative in requiring the military service of his liege subjects. The bill already passed contained provisions which were extremely im portant in the present situation of the couniry. It contained provisions for enabling his Majesty to take such preliminary measures for ascertaining the strength and resources of the different parts of the kingdom as were necessary, with a view to further measures of internal defence. It likewise provided a compendious mode of acquiring

possession of such property, on the part of the public, as might be necessary; and there were provisions for giving a summary mode of indemnifying those persons, who might suffer either by the preparations, or by actual invasion; but, upon mature consideration of that bill, which was similar to the bill passed last war, in the year 1798, it did not appear to him to go quite far enough. It was particularly defective in one point, namely, in enabling his Majesty to avail himself of his ancient and undoubted prerogative, in commanding the assistance of all his subjects fit to bear arms, for the purpose of repelling the invasion of a foreign enemy. The bill went no further than requiring the different counties to furnish their quotas, and taking other measures with respect to the safety of public property. In order to prove what he had stated as the ancient prerogative of the crown, he conceived it would not be necessary to go much into detail. That it was the ancient prerogative of the crown, to command the services of all who were capable of bearing arms for the defence of the country, could not be doubted; but at the same time, it might be necessary to state very shortly the general principles of the law, as they were to be found in our books, and to refer the House to one or two precedents. The King's prerogative, with regard to those points, was laid down by Judge Blackstone, in the first volume of his Commentaries, chap. 13. Having spoken of the ancient Saxon constitution, by which every man was compelled to three duties-that trinoda necessitas, to which every man's estate was subject, namely, the Arcium constructio Pontium reparatio et expeditio contra bostem, the learned writer thus proceeded-" Besides those, who, by their military tenures, were bound to perform forty days' service in the field, first, the assize of arms, enacted 27 Hen. II. and afterwards the statute of Winchester, under Ed. I. obliged every man, according to his estate and degree, to provide a determinate quantity of such arms as were then in use, in order to keep the peace; and constables were appointed in all hundreds by the latter statute, to see that such arms were provided." The same writer added, "That it was usual, from time to time, for our princes to issue commissions of array, and send into every county officers in whom they could confide, to muster and array, or set in military order, the inhabitants of every district; and the form of the commission of array was settled in Parliament, so as to prevent the insertion therein of any new penal clauses; but it was also provided, that no man should be compelled to go out

of the kingdom, at any rate, nor out of his shire, but in case of urgent necessity, nor should provide soldiers unless by consent of Parliament." In another passage, speaking of the power of the sheriff, the same writer said He is also to defend his country against any of the King's enemies, when they come into the land, and for this purpose he may command all the people of his county to attend him, which is called the posse comitatus, or power of the county; which summons every person above fifteen years old, and under the degree of a peer, is bound to attend upon warning, under pain of fine and imprisonment." Such were the general principles of the Constitution as laid down by that able lawyer. He would refer the House to one or two authorities more: by the 1st Ed. III. stat. 2. chap. 5. it was enacted, that it was the King's will, no man, from thenceforth, should be charged to arm himself otherwise than he was wont in the time of his progenitors, Kings of England; and that no man should be compelled to go out of his shire, but where necessity requir ed, and the sudden coming of strange ene mies into the realm, and then it should be done as had been used in times past for the defence of the realm. Undoubtedly, at that time of day, this was a decisive parliamentary recognition of the law; and in the 5th Hen. IV. upon a petition of the Commons, the form of a commission of array was then settled in Parliament, and of course had the effect of an act of Parliament. The commission of array was to be found in the rolls of Parliament, 5 Hen. IV. No. 24 and 25. It was to this effect: "The King to the Sheriff of Kent greeting: because by the reports of many to whom we give credit, it has come to our knowledge that our ene mies, the French, having assembled with many of their allies and friends, with a large fleet of ships, and with other unusual appointments, our kingdom of England and our liege subjects to overthrow and destroy, and that they propose and intend to invade the same, unless (by God's favour) they shall be strenuously resisted. We, in order to provide for the salvation of our said kingdom, and our liege subjects aforesaid, and from the malice and arrogance of such enemies to guard ourselves by those means which may be most expedient, do command you, and most strictly enjoin you, that immediately on the sight of these presents, you order it to be publicly proclaimed in every place within your bailiwick, where it shall be fit and necessary, as well within its liberties as without, that all and every man able to bear arms, men having arms bobellarii, and

archers of your bailiwick (ecclesiastics only exempted) under pain of imprisonment, do provide, arm, and array themselves, each according to his degree and ability; and in such array do hold themselves, and remain to the end, that they may be prompt and ready to depart for the defence of our kingdom aforesaid, as often as the incursions of the enemy may threaten any danger, or as they shall be ordered by us, or in our name; and this you are not to omit, under the penalty that may await you.-Witness the King, at Coventry, the 26th of October, by the King himself." Similar writs were directed to all the Sheriffs in England. This he conceived to be a complete parliamentary recognition of the ancient prerogative of the crown. Now this being the ancient law of the realm, it might be asked, why was it necessary to call the attention of Parliament at this time to any parliamentary measure? It was because the process by which the prerogative of the crown and the duty of the subject could be enforced, was so tedious as to render it in a great measure useless. The party refusing to obey the King's summons might be fined and imprisoned; but it could only be by the due course of Jaw, a delay which would render the process nugatory. It did therefore, upon the principle and reason of the thing, with reference to the ancient exercise of the prerogative so vested in the crown, seem to be necessary to adopt some simple, decisive, and effectual measure. He apprehended he would not be required to urge the necessity of such a measure. The situation in which the country at present stood was perfectly known to every one who heard him. was threatened by an enemy the most formidable and vindictive this country had ever had to deal with; an enemy not only threatening invasion, but making preparations for it; not only having the insolence to threaten us with contaminating our shores, but with actual subjection. True it was, cur force, both by sea and land, was powerful; but when he considered that the enemy were possessed of a considerable portion of the continent of Europe, and was every day extending its influence; when he reflected that the powers of the continent, unable or unwilling to resist, were compelled to submit to grace the car of the First Consul of France, it was not enough to rely on the force we had, great as it was, When he turned his eyes to the continent, and saw the great preparations that were making; when he considered that France was master of the whole coast of frontier from Holstein as far as the

It

shores of the Adriatic, with the exception, of Portugal, it was impossible not to say that they might possess themselves of the course of all the great rivers and the most consider. able ports of Europe. Under these circumstances, though every one must have a reliance on the skill and vigilance of our navy, the most powerful navy in the world, and capable of sustaining a conflict with the navy of the whole world-a navy that, perhaps, had it in its power to blockade every port the enemy had, and to burn, sink, and destroy all the ships they ventured to send out, yet this was not enough--we ought to have the means of overwhelming and exterminating any expedition that might be directed against our shores. Though with the army we had, it was possible to line the whole coast of Great-Britain and Irelandit, however, could not be done in such a way as to prevent the enemy from taking a temporary possession of some part of it. No one could suppose that with our present army we could do any more than assemble the main body at such points as were most material, with a view to a general plan of opposition, and the ultimate decision of the contest; the enemy might, undoubtedly, be able to throw a considerable force on the coast. If they embarked 100,000 men in eight or ten different directions, then, after deducting 50,000 that might be drowned or destroyed in the passage over, or dispersed, he would suppose that 50,000 men would be able to land. These remains of the expedition would come over more or less disunited, more or less sea-sick, and more or less provided with necessaries; and though it was probable we might give a guess where the enemy would land, yet we could not rely upon our opinion in that respect, for they might change their determination; or, from being driven out of their course, they might be disposed to throw themselves any where. Under those circumstances it appeared to him that the whole power of the country ought to be put in a state to be made use of in case of necessity, and that after calculating on Our own powerful armies, we should have a second or a third line, or legion upon legion, and army upon army, in order to fill up the regulars, and bodies of troops in the field; and that we should calculate, in the first instance, those losses in battle to which ws must necessarily look. In case of an actual invasion of this country, the operations in the field would, of course, be extremely active, and the conflict severe; we, therefore, ought not to look to the slow mode of recruiting by ballot, but we ought to resort to the ancient

law, and to those powers of the prerogative, by which the King could command all his subjects to bear arms. He thought we could not contemplate a better period of our history, than the days of the Plantagenets and Tudors. Let any one consider those armies which had been produced in the field by some of the wisest princes on the throne. Let us see how Queen Elizabeth was supported, when she was attacked by the Spanish armada, an expedition not dissimilar to the present one. How was that army which begirt the throne produced? It was produced by having recourse to the antient prerogative of the crown. Having stated thus much, he would now proceed to develop the outlines of his plan. The plan divided itself into two heads; the first related to the enrolment, and assembling of the men when enrolled; and the second to the exercising and drilling them, what he proposed was, to make use of as much as possible of the machinery of the militia, and to avail himself of the powers entrusted to the lord Lieutenants and deputy lieutenants; recourse could not be had, to any thing better. He should recommend, that the lieutenancy in every county should meet as soon as possible, for the purpose of directing an enrolment of all men in every parish, between the ages of 17 and 55. He should divide the men comprehended in the enrolment into four classes, in a way something similar to that which took place in the militia. The first would contain all the young men between 17 and 30, who were unmarried, and without children of the age of ten years. The second, all men between 30 and 50, who were in the same predicament. Thirdly, all the men between 17 and 30, who were married, and had no more than two children. And the fourth class should include all the rest. He should also propose, that the enrolment should describe the persons in the following manner, distinguishing those who were serving in the army of reserve, or in the militia, or in any of the King's forces, or in any of the volunteer corps approved of by his Majesty; and also those who were serving by substitute in the militia; and for this reason, because while a person had a substitute actually serving, he could not be called upon for military services as long as it lasted. He did not propose to distinguish those who had served by substitutes; for the militia laws said they might be called upon whenever it came to their turn; with regard to constables and peace officers, they would appear in the roll so distinguished. When he came to speak of the assembling, he should propose to ex

empt such persons as long as they continued in those situations. The enrolment he was desirous should proceed much in the way of making on the militia. Every man would have an opportunity of appealing, in case he was improperly described, or was beyond the age, or belonged to any other class. He trusted as little time as possible would be lost in taking the necessary steps; and yet that they would not be so expeditious as to effect injustice. He meant to propose, that when the deputy lieutenants ordered the lists to be made out, that they should appoint a day for receiving them, which should also be the day of appeal. He proposed that the lists should be corrected in the spring and the autumn; that they should be kept in as correct a state as possible, and that the abstract of the county roll should be transmitted to the principal Secretary of State, divided into the different classes, so that it should describe the number of men, and those who were entitled to exemptions. Having so provided for the enrolment, he next proposed, that his Majesty should have it his power, in case of actual invasion, or the approach of an enemy's force towards our coast, to call upon the lieutenancy to assemble or embody all those persons who did not fall within the description of those whom he had mentioned, as entitled to be exempted, and to order that all those of the first class should be forthwith called out to repel the invasion, and during the time they were assembled, should be subject to military discipline, and be sent to any part of Great-Britain, into any existing corps, or any new corps that might be raised; that the time of their service should be limited to the period of the invasion, and that as soon as the enemy were exterminated, or driven into the sea, they were immediately to be at liberty to return home. That upon assembling, every man should be entitled to two guineas, to furnish them with necessaries, and when their services were over, and they were at liberty to return home, that over and above the usual sum allowed to the militia, they should be paid the sum of one guinea. He should also propose, that when these men were so assembled, they should take an oath of fidelity during their service, which should extend not only to repelling foreign invasion, but to quelling any rebellion or insurrection that might exist during the time. He had stated, in general, the outline of the plan for enrolling and assembling the people, he would now proceed to that part of it which related to the exercising and training. He should