by commiffion, and a ftop thence exifting to all executive acts, it was neceffary that the infirmity fhould be proved, to fhew the right of the two Houfes to provide for the exercife of the Royal authority; but, when His Majefty was reftored, fhould they have an examination in Parliament, to know whether they would admit him to exercife his undoubted right? On His Majefty's recovery, he would recover his right, and Parliament would have no power to confider of means for the exercife of the executive authority. Mr. Francis faid, that among all the novelties which had Mr. occurred, in the course of this bufinefs, fome of them alarm- Francis. ing, and all of them furprifing, nothing had aftonifhed him more, than that he fhould now, he believed for the first time, not have been able to comprehend the meaning of the Chancellor of the Exchequer. Although he did not often affent to the opinions, and was feldom convinced by the arguments, of that right honourable gentleman, he generally, if not always, perfectly understood him; for, few men, he confeffed, had a clearer way of ftating their meaning upon any fubject, or making their ideas intelligible to those who heard them but, on the prefent occafion, though he had liftened to him with the utmoft attention, he was utterly unable to conceive what he meant. Whereas the question before the Committee regarded the mode of establishing, by fufficient evidence, the truth of a most important fact, the certainty of His Majefty's recovery, the right honourable gentleman had not faid one word about fact or evidence, but had rung the changes a dozen times over, upon the words channel, and the channel of information, without any apparent application to the fubject, and in a way which conveyed no diftinct idea whatever to his mind. Mr. Francis added, that he had risen to ftate a precife fpecific queftion to the gentlemen on the other fide, to which he hoped fomé of them would condefcend to give a clear, direct, and rational anfwer. To every man who had experienced an opportunity of remarking perfons afflicted with a diforder of the mind, it was a truth which could adınit of no dispute, that to afcertain the fact of the existence of the diforder was one of the eafieft operations, on which the human judgement or obfervation could be employed. But, to afcertain the fact of a real recovery, was one of the most difficult points of inquiry, as well as the moft doubtful in the refult, which could be propofed to human fagacity. A view of the perfon, or a converfation of a few minutes, might be fufficient to put the firft out of all doubt; whereas, to ascertain the fecond, would require long, minute, and attentive obfervation, a variety of tefts, and a continued experience; and, even with all these precautions, the investigation might pofVOL. XXV. 3 M fibly Mr. fibly end in finding a falfe fact. The party might deceive himfelf, and perfuade others to abet him in the deception. On this unquestionable truth, Mr. Francis faid, he founded his question; and this question was, Since you have admitted that the interpofition and cognizance of the two Houses of Parliament was neceffary to ascertain and establish the fact of the King's incapacity, that is, to perform an act of no difficulty whatever, on what rational ground of diftine. tion do you now affert, that the interpofition and cognizance of the fame judgement is not neceffary to establish and ascertain the fact of his recovery, an operation in which, of all others, our obfervation, and even our experience, is most liable to be deceived? and if you thought that the authority of Parliament was neceffary to warrant the first fact, to the fatisfaction of the whole kingdom, why do you think it unneceffary to warrant the second fact, by the fame authority? Why do you refer this queftion to the decifion of an inferior tribunal ? Mr. Marham faid, that he could not avoid remarking Marsham, that the declaration of the honourable Baronet (Sir Richard Sutton) that his honourable friend had refifted the rights of Parliament, and now was going to make unneceffary and unjuft claims for Parliament, appeared to him in the light of moft extraordinary language. Mr. Marfham objected particularly to that part of the claufe, enabling His Majesty to call in what Privy Counfellors he thought proper, to decide upon the queftion of His Majefty's ability to refume his Government. He had two claufes which he meant to fubmit to the Houfe, inftead of the one propofed by the right honourable gentleman. They were to provide, that, on the notification by the Queen of His Majefty's recovery, Parliament fhould, if fitting, in not lefs than four days, nor more than fix, after fuch notification, order His Majefty's phyficians to attend at the bar, and to have this fingle queftion put to each of thein: Whether His Majesty was capable of refuming the reins of Government? If the anfwers were given in the affirmative, the Houfes fhould go up with an addrefs to His Majefty, praying him to refume the reins of Government; and, on fuch an occafion, he was confident that the whole nation would go up with one voice, congratulating each other on the happy return of their Sovereign. This mode, he conceived, would prove far more fatisfactory to the People of England, than the one of the Privy Council propofed by the right honourable gentleman. Mr. Marfham here read the two claufes which he meant to propofe; the first of which was in fubftance as above ftated; and the fecond gave the power to the Regent, and to phyficians, to have free access to fee His Majesty af ter He concluded by ob ter the notification of his recovery. Mr. Mr. Bouverie was forry to differ from his honourable friend, but he faw no principle in his claufes, that Bouverie, was correct and conftitutional, or that did not go too far. Colonel Phipps argued in favour of the propriety of the Colonel examination which had taken place in the firft inftance, to Phipps. prove the malady, and reprobated, what he termed the impropriety and indecency of taking a parliamentary examination of His Majefty, upon his recovery. He afferted the right of the King to refume his government the moment his infirmity ceased to exift. He wished the refumption to be brought forward in the most easy, and, at the fame time, in the moft refponfible manner, and for that reason he objected to the interference of Parliament, who, not being a refponfible body, were improper fo to act. He wifhed that they might keep within their own bounds, and look after the responsibility of others; he wished them not to drag their Sovereign to their bar, to be examined as to his recovery, but to be convinced by those who had feen the progrefs of his recovery. He saw, the King was mending; Dr. Warren, he observed, had figned his name, that His Majefty was better. Dr. Warren, and the reft of the phyficians, and not the Houfe, would fee the progrefs of his recovery. The Colonel having observed that an honourable gentleman (Mr. Powys) had faid, the King on his recovery would afk, have my Parliament given me this power? My dear children; my brothers? Colonel Phipps ådded, that the Parliament gave him the power at the time of the Revolution. He declared, that he wifhed them not to take upon themfelves the part of a Republic, and when they thought proper, prefent a Crown, but to act as a Parliament belonging to a free conftitution, which prefided over it, and for the principles of which they were accountable. Mr. Sheridan remarked, that in anfwer to the obfervations Mr. Sheof the honourable gentleman who fpoke laft, it was fufficient ridan. to say, that no perfon difputed the indubitable right of the King to refume his government, when recovered. The real queftion was, the fact of His Majefty's being reftored, and capable of refuming the government, and the manner in which that fhould be ascertained, and the refumption of his powers made. After paffing that bill, the real queftion. would ftand, that His Majefty had no right, though His Majefty would have an unquestionable right, on his recovery. But, what were the proper means to afcertain that recovery? 3 M 2 By Mr. By the mode proposed for His Majesty's resumption of his government, it was to be under certain terms and conditions. Who then were to be the judges of thofe conditions; who fo proper as the two Houfes of Parliament? No perfon doubted the propriety of their going into an examination, to prove the incapacity; it was their duty to do fo, and it was equally their duty to take care to provide against any act of His Majefty, until his capability was known. By the present claufe, they were about to delegate the truft which belonged to themselves, and to others, and thereby depart from the duty which they owed their country, and degrade themselves by acknowledging, that thofe eight counfellors of Her Majefty were more truft-worthy than Parliament. After reprobating the powers of the claufe given for the refumption of the government as dangerous, Mr. Sheridan fummed up his arguments, by declaring that the Houfe were upon the verge of delegating their authority into moft fufpicious hands; into hands, by no means proved to be fitter for the trust, than the Parliament; they were about to fall into the error, which the principle of the bill was to guard against, and to fuffer the Regent to have the power over the perfon of the King, in many cafes, but, in particular, on the death of the Queen; they were putting themselves into fuch a fituation, that, the firt notice they might have of His Majefty's recovery, might be by a diffolution of the Parliament; the fecond step His Majefty might take, might be, under his fign manual, to appoint a new Regency, by Lords Juftices, or otherwife; and thus, when Parliament fhould again affemble, they might meet, not His Majefty, who might be relapfed, but his commiffion, without ever having any proof laid before them, of the re-establishment of his health. Mr. Dundas remarked, that he could not avoid acknow Dundas. ledging, that the honourable gentleman (Mr. Sheridan) had ftated the real question, and argued very fairly, though he had contradicted by his practice what he had declared, that it was neceffary to examine into the incapacity of His Majefty, fince, out of that incapacity arofe their right to delegate the Royal authority. On His Majefty's recovery, they would have no such right; the right of exercising the Royal authority attaching itself to the King, in the moment of his recovery. He agreed with the honourable gentleman, (Mr. Marsham) that, on the happy and joyous day of His Majefty's recovery, there could be but one fentiment, one united effufion of gladness throughout the empire. He also agreed, that it would become the Houfe to congratulate His Majefty, on his refumption of the government; but, he could not agree with the honourable gentleman, that His Majesty Majefty fhould be retarded from his right of governing, until they had addreffed him to take the reins of government. The propofition of his right honourable friend was, to enable His Majesty to come down and meet his Parliament, on his recovery, in his own right as Sovereign. The other propofition was, to humble him to the character of a fupplicant for his Throne, feeing his authority exercised by another, in the perfon of his Regent. The fyftem propofed by his right honourable friend went as near as poffible to the ftraight line of the conftitution, guarding the fafe return of His Majesty to his Throne; and, at the fame time, the right to affume his government was fo carefully hemmed in by every neceffary provifion and check, as to render it impoffible that a refumption fhould take place, in any way injurious or dangerous to the country. Gentlemen might talk as they chofe, about the council appointed for Her Majefty; but, he would ask them individually, whether, in their own confciences they believed that thofe great and respectable perfons would ftate His Majefty's recovery, in a public record, when they were convinced that fuch a recovery did not exift? He was convinced by his own feelings, what the opinion of every impartial man muft be, and what would be the opinion entertained by the Public at large; it would be, that they were not capable of ftating on record, what they were not convinced to be true. The claufe gave that council the power of being in the daily obfervation of every particular of recovery; they had the power of examining the phyficians, and every opportunity of being competent judges of His Majefty's fituation. It was true, that when Her Majefty thought the King recovered, the was to notify that happy circumftance; but, fhe could not do it alone; the Houfe had placed on Her Majefty a check of eight counsellors for advice, without a majority of whom concurring in opinion with Her Majefty, she could not notify fuch recovery; and fuch a check was, in his opinion, a fufficient furety to the House and the country, that no premature refumption would take place. Her Majefty's counsellors were men of ftrong judgement, and of great loyalty and attachment to their Sovereign, and would not, by premature judgement fubject Her Majefty and the People to the pangs of having their King brought forward in a ftate incompetent to the exercise of his Royal functions. The Houfe would act wifely in adopting the present mode propofed for His Majefty's return to his government; it was not left to His Majefty's own judgement to give the notification of his recovery, but to the Queen, and the majority of her council; and before the recovery could be declared to the empire, the Privy Council muft concur with Her Majefty, and counterfign the proclamation: there was an additional check |