to prevent them? Would either or both houses of parliament, or even the three branches of the legislature combined, find it in their capacity to stop the mischief? With regard to the matter of fact on which the first proposition was grounded, he appealed to their lordships, if any one of them felt the least doubt of there having been a meeting held as the adver- These were not the sentiments of a lutisement in the newspaper specified, of a natic mind, they were sentiments warsubscription having been agreed on and ranted by sound reason and common sense. made at that meeting, and of that sub- History afforded instances of the danger scription being intended for the purpose of a large body of forces being raised by of raising men without the sanction of par- individuals; hence the caution of our foreliament. The points were too evident fathers against standing armies, hence the either to be argued away, or painted in jealousy of parliament, and hence the wary any colours which would so disguise the eye with which parliament had always truth, as to prevent its being obvious to guarded the attempt of individuals to raise every one of their lordships. The great men. In times of great public danger, in matter, therefore, for the consideration of times of uncommon exigency, what at the House was, whether the money so other periods might be not only impru raised and applied, was a legal and con- dent, but at all times illegal, might be stitutional act, or whether it was not a warrantable. The tyrant's plea, state neviolent infringement of the rights and pri- cessity, had sanctioned many measures not vileges of parliament? The noble lord who strictly justifiable with regard to their respoke last had contended, that the money ference to the constitution. On this ground was raised merely to be given in aid of the the raising regiments and other acts in the levy money; a matter which, in his hum- service of government in the time of the ble conception, so far from being provable, last rebellion, as mentioned by the noble could not in any shape be maintained. lord, were to be excused; rebellion then On the contrary, the professed purpose of stalked with giant steps towards the methe meeting of the London Tavern was to tropolis; it penetrated the heart of the subscribe money to raise men, a position kingdom; it was approaching the door of daringly illegal and truly alarming. It was the king's palace; and it was certainly true, since the intended motion of the no- right, in such a moment, to provide for ble earl had been made public, the com- the public safety, by the best means the mittee who managed the London Tavern nature of the case would admit: but, in subscription had already altered their tone, his opinion, the case was widely different and had advertised, that upon due consi- now, nay, so jealous was he of injuring deration they meant to apply the subscrip- the constitution, by adding to the inflution merely to the purpose of increasing ence of the crown, already most dangerthe bounty money; but this was an act of ously great and extensive, that his lordtheir own, not sanctified by, and expressly ship declared that he did not think a war contrary to the design of their constituents in a distant part of the dominions a justiwhen they became subscribers. The pre-fication of the King's increasing his army sent was a question of the most serious importance that could be agitated before their lordships. Every gift to his Majesty for public purposes, was an aid, and had long since been wisely marked out, as a breach of the privileges of parliament. Nor was the doctrine, that no mischief could arise supposing that more levies were made than parliament would approve, by any means a justification for raising them without the consent of parliament, even were the assertion true in fact, and let the noble lords ask their own feelings if it were so. When a numerous army was raised, might they not defy parliament? Might not armed levies resist the silent votes of the senate? Might they not turn public plunderers, and assume the legislative power? And who would be able [VOL. XIX.] without the consent of his parliament. With regard to the present subscriptions, he said he had not a doubt of their falling directly within the meaning of the noble earl's motion, each committee for raising money to be used "as the King should in his wisdom think fit," that at the London Tavern, and that at Bristol, had assumed a legislative power, and had acted in that capacity in which the parliament only were empowered to act, agreeable to the spirit of the constitution and the meaning of the Bill of Rights. His lordship declared that he suspected the meaning of the subscriptions, and the use of the regiments raised, the rather because the contributors to the first were chiefly contractors, men who gave a penny to the public purse with the view of rob [2 T] bing it of a pound; and the latter were were good times. There had been a raised in Liverpool, Manchester, Edin- studious endeavour in ministers to avoid burgh, and Glasgow, in each of which a public decision of constitutional quesplaces it was notorious many of those tions, and yet there had been more conprincipally concerned in the last rebellion stitutional questions brought forward in resided; he said, he could not therefore this reign than in many preceding periods. but be jealous of the sincerity of such These were so many proofs that jealousies loyalists, and rather think they had aban-had prevailed amongst the people; men doned the man in whose cause they formerly were so active, than either the cause itself or the measures most advisable to further it. His lordship concluded with observing, that however he might admire professions of loyalty and attachment to the person of the King, he never could approve of such professions when they were accompanied with sentiments of pasşive obedience and non-resistance. were become suspicious of their liberties; the increased influence of the crown caused them to consider the throne in a metaphorical light of a monstrous Leviathan, which was always ready to swallow up their liberties. The Nullum Tempus Bill, which would have lain dormant in any other, had been agitated in this reign. There was no end in specifying the evils of the times; they crowded on the recollection; they followed each other like misfortunes; we could only lament the hasty advances they were making on the ruin of this country. Earl Gower observed, that there was something in stigmatizing men now living, with the errors of their ancestors, more disingenuous than he could have expected from the noble lord. He was a neighbour Lord Lyttelton observed, that he was of those places, and had all the reason in not influenced at present to put a negative the world to believe them perfectly loyal. to the motion by any arguments concernThe Duke of Grafton was pathetic in ing its legality, or illegality; but because his repetition of lord Camden's arguments. it was most undoubtedly founded on cirHe added that there was much to be ga- cumstances that did not appear; and that thered from history, and that war was at therefore it might induce their lordships our elbows. Benevolences originated with to condemn by anticipation, a measure Edward 4, and were very pernicious prac-which might in the event prove perfectly tices. The present mode of raising troops by subscription, without the authority of parliament, might lead to serious consequences. It might end in a civil war. Encouraging private individuals to aid the crown with troops, might afford a temptation to accept offers from eastern princes of a dangerous nature to the liberties of this country. The noble duke averred on his honour, that some alarming offers of the kind had been made by the nabobs of the east. The Marquis of Rockingham said, that the amendment was no more than a disingenuous trick to get rid of a motion, the merits of which ministers did not choose to discuss. They were desirous of evading the arguments which they could not contend against. This had been the usage of administration for some years. How many tricks of office had been practised to evade a decision on the illegality of general warrants! The case of the Middlesex election had been craftily evaded. This was an inauspicious reign. To say that these were bad times, would be to censure ministry most severely, and yet, without the most false eulogium on their conduct, it could not be said that these laudable. It was agreed on all hands, that they were the concomitant circumstances which rendered the thing culpable, and therefore, these circumstances not being at present explained, their lordships would be premature in their disapprobation, to censure what they did not understand. For this reason, he would vote against the motion at present, and so he would for the amendment; for as he would not censure, neither would he approve without understanding; and in both cases, he was equally in the dark with respect to those circumstances that could render the measure a subject either of applause or condemnation. Lord Suffolk then withdrew his amendment. After which the House divided on the earl of Abingdon's motion. Contents 30; Non-Contents 90. Debate in the Commons on Mr. Fox's Motion for General Burgoyne's Instructions.] Jan. 27. Mr. Fox rose, and premised his motion with lamenting, that the noble lord (G. Germain) was not in his place; especially as he understood, that his absence arose from a family misfortune. The reason however, which induced him Mr. Fox hoped the House would believe, he did not rise to take notice of the gentleman-like epithets thrown out by the hon. colonel; he considered them unworthy either of his attention, or the notice of the House. But, independent of all this noise and passion, he could not but be surprised, that because a motion came from his side of the House, it was to be disregarded. This was a matter of serious concern, and, if once admitted, would preclude all further debate. Colonel Luttrell said, that the hon. gentleman had always declared himself a friend to revolted America; á friend to the revolted, without any particular friendship for them, must certainly be a friend to the revolt; what then, could he call such people but traitors? [He was again called to order.] to make his motion, arose from a calamity | ministry were combined to betray their of a higher and more extensive nature, country. no less than the calamity of his country. His motive for troubling the House was to inquire into the total loss, or rather extinction of a British army. He should, therefore, make no apology for renewing his motion, because he was sufficiently satisfied, that though the noble lord could not attend, his particular sentiments on the matter were well known. He humorously observed, that as he wished well to his motion, so he could not possibly find a more proper person to second it than the noble lord in the blue ribbon, who last week confessed himself a friend to it: though the noble lord experienced sad reverses in other places, yet in that House he never appeared in any other character than that of a conqueror; he therefore recommended his motion to his patronage, as under his protection it would infallibly be insured against misfortune: he then moved, for " Copies of all Instructions, and other papers, relative to the Expedition from Canada, under lieut. general Burgoyne; and also, a copy of such parts of the Instructions given to general sir William Howe, as relate to any intended co-operation with lieut.general Burgoyne." Colonel Luttrell expressed his abhorrence of principles which led gentlemen to support rebellion; a rebellion which should meet with every loyal subject's execration; a rebellion, for which any man should blush to be an advocate; a rebellion, the promoters of which ought not to shew their faces, but to conceal them in dens and lurking holes. He could not, consistent with the duty which he owed his sovereign and the constitution, remain silent, when he saw a set of men combined together to betray their country. Placemen without places; orators who spent their time in studying inflammatory speeches, and expending their incomes in having them published in the news-papers; rhetoricians, who got their livelihood by publishing their speeches in parliament; abettors of treason and rebellion, combined purposely for the ruin of their country. [Here he was violently called to order.] Mr. Charles Turner repeated the words of the colonel which had given so much offence, which he had taken down in writing; and after shewing the very great insult offered to a respectable number of gentlemen, he, to mend the matter, and shew where the fault lay, said, that in his conscience he was convinced that the Mr. Fox urged the great difference between a friend to revolted America, and a friend to Hancock and Adams, and the other seditious leaders of the revolt. He stood, he said, in the former predicament; and the minister in the latter. He would have conciliated the affections of America in time, and prevented at once the dismal consequences, which have resulted from opposite measures; but the minister, more a friend to Hancock and Adams, and their adherents, than to America or Great Britain, had taken every possible step to unite the colonies in the plan of independence; and to aggrandize those men, who, without the assistance given them in almost every act of government, must have remained at this day in the situation of private gentlemen, instead of acting, as they do now, one of the greatest parts on the great theatre of the world. As to the accusation of his being an orator by trade, it was evident by the hon. colonel's words, it was a trade he did not live by, as he was pleased to describe him as a placeman out of place; and as to the guilt of oratory, he presumed the charge would fall as justly upon the noble lord at the head of the Treasury, who had been as guilty of speaking with eloquence, as any gentleman on his side of the House, and who besides had committed the crime to as great an advantage as any placeman out of place could possibly be suspected of doing. Lord North took upon him to accept the office imposed on him by the gentleman who made the motion, namely, to second it, though he confessed himself much less qualified for such a task than the hon. gentleman; he had at first said, he would give his assent to every enquiry that could be made into his conduct; he would stand to his word, nor wish to screen himself from a scrutiny which he was convinced would terminate to his honour: the noble lord for the American department had authorised him to assure the House, that he would not make the least opposition to the motion. Having strong objections to the time of making the motion, however inclined he might be to support it when carried, the House would do him the justice to acknowledge that he was by no means instrumental in bringing forward the enquiry he insisted the more strongly on this, as his delicacy was not a little concerned in it; some gentlemen having been induced to think, from an expression in general Burgoyne's letter, that he put the affair upon this issue, that either the ministry or himself were wrong. As this was construed into an oblique reflection on administration, he would not be supposed to act from pique or passion: he therefore repeated it, that he expected the House would do him the justice to bear testimony hereafter, that he did not wish to promote the enquiry at that season. The motion was agreed to. Debate on a Motion for the Exclusion of Strangers from the Gallery of the House of Commons.] Jan. 29. Colonel Luttrell rose, and premising his intended subject with a few remarks on the injury of misrepresentation and abuse, or perversion of words, of a member of that House in his official capacity, complained, that in a certain morning paper, which he held in his hand, but which he did not name, he had been grossly misrepresented, and charged with having, on a late occasion, behaved unparliamentarily, and that for so doing he had received the censure of the House. He insisted a good deal on the calumny of such a charge, made many severe strictures on the conduct of the editor of that paper in thus aggravating and misstating facts, which he hoped had been witnessed to be otherways by every member present on the occasion, and thereby rendered him infamous in the eyes of the public. He considered such conduct as too heinous to be forgiven, and therefore he informed the House, that, for, his future safety and protection, he was determined to move, that the standing order of the House for excluding strangers from the gallery should be strictly carried into execution. He next endeavoured to exculpate himself, from the charge of being disorderly; and said, the hon. gentleman (Mr. Fox) did not call him to order, but observed, that he was very near descending to personalities, and that consequently he was going to be disorderly; but that the hon. gentleman had very good-naturedly prevented him, by interrupting him, when he perceived he was beginning to grow warm. On the whole, he wished to be understood, that it was the editor of the paper alluded to, not he who was the occasion of shutting the gallery doors. Mr. Fox rose to say so far in justification of the hon. gentleman, that he did not call him to order for any unparliamentary assertion levelled at him, but because he seemed to insinuate, that as the motion came from his side of the House it must be rejected. The House at large conceived this in the same manner with himself, and the hon. gentleman accordingly was called to order. If this, then, was the only accusation he had against the editor complained of, he did not think it so enormous: and though he was no advocate for news-paper exposure, he did not look upon it as a sufficient reason for excluding him, among other strangers, from the House. He was convinced the true and only method of preventing misrepresentation was by throwing open the gallery, and making the debates and decisions of the House as public as possible. There was less danger of misrepresentation in a full company than a thin one, as there would be a greater number of persons to give evidence against the misrepresentation. The shutting of the gallery could not prevent the proceedings of the House from finding their way to public view; for during a certain period, when the gallery was kept empty, the debates were printed, let the manner of obtaining them be what it might; and in fact, the public had a right to know what passed in parliament. The Speaker begged to have the sense of the House to direct his future conduct. Mr. Rigby confessed, that he wished to have the gallery shut, not only against gentlemen but ladies; as the latter as well as the former, might dabble in party disputes, and have their predilections and preferences for one party before another. He thought at this time it was very neces. sary to exclude every stranger, since in the course of next week a most serious enquiry exposure, he mentioned a falsehood asserted of himself, which he laughed at and despised. would take place, that might perhaps affect the lives and properties of individuals. He confessed, it might be thought odious to make the motion, nevertheless, if the motion was made, he would second it. Mr. Turner intreated the hon. gentleman to give up his intention of making the motion. He did not like a man that was afraid of having his speech published; a man that weighed his words. He wished to see gentlemen warm when circumstances required it; their fathers were warm before them; they were warm themselves, and he hoped their children would be so after them. For his part, he should be always happy to see the gallery crowded; and if one door was shut to exclude all the men, another should be opened to let in all the women. The Speaker said, that the conversation did not a little affect him, for there was a standing order to keep the gallery shut against strangers, and he had, with the acquiescence of the House, relaxed it. He should therefore, as the affair happened to be mentioned, be glad before the House rose, that they would come to some determination. Mr. Burke paid a very generous compliment to the Speaker, for having relaxed in some measure from the rigour of a strict decree; in so doing he had acted wisely and politicly. He was sensible no doubt that summum jus was summa injuria; and that some laws were better kept in the breach than in the observance. An odium still awaited the exertion of rigorous justice, and to render it respected it must be made gentle. As to the matter then in the contemplation of the House, he had not a doubt about the propriety of opening the doors to strangers; considering it either as the channel of information to the constituents of the members, or as a school for the instruction of youth. Nay, as the source of information and amusement to the ladies, it was a matter of very serious concern, and ought not to be done away and sported with at pleasure. Mr. Vyner thought, that while every member had it in his power to order the strangers to withdraw, whenever it might be inconvenient for them to remain, either from want of room or from secret business on the tapis, there was no need of taking away the right entirely. General Conway spoke a few words to the impropriety of shutting the gallery; and as a proof that it was not one individual alone who suffered from news-paper Mr. T. Townshend declared it to be unconstitutional to shut the doors of the House generally against the people whom they sat there to represent; he mentioned the exceptions when it was necessary, and the rules of the House could not be dispensed with, and at the same time, he passed a very severe censure on all shameful misrepresentations of the proceedings of the House, and of the speeches of members. Colonel Luttrell owned, that the arguments of the hon. gentleman (Mr. Burke) had staggered and influenced his former judgment, and he was now convinced, it would be odious to carry the order to its rigour. He therefore should not press his motion. Debate in the Committee on the State of the Nation, upon the Duke of Richmond's Motion, "That no more of the Old Corps be sent out of the Kingdom."] Feb. 2. The order of the day being read for taking into consideration the State of the Nation; and for the Lords to be summoned; The Duke of Richmond rose. His grace began with a solemn appeal to the House, whether the public affairs were not in a most perilous and truly alarming state? Whether the war with America had not cost upwards of twenty millions of money, and the lives of many brave men? Whether three campaigns had not passed without affording us the least prospect of a change of circumstances in our favour? And whether it was not most materially incumbent upon their lordships to be perfectly aware of the condition and resources of the kingdom, before they sanctified any parliamentary measure tending to authorize the hazard of more men and money, in the continuance of a war which had already proved so expensive and calamitous ? His grace recapitulated the various arguments which had before fallen from him, relative to the impolicy of continuing the contest, the probability of an attack from the House of Bourbon, and the necessity of immediately putting the kingdom into a state of defence. He then spoke particularly to the business of the day, complained of the late delivery of some of the papers on the table, the deficiencies of many, and the want of precision and plainness in |