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but his fate was like that of Mr. Harris, in a short time afterwards he received orders to remain.

During the month of February 1771, the Spanish Minister at Madrid hinted to Mr. Harris, the intention of the Spanish Court, to require of the British Ministry, a perfection of engagements, as they were mutually understood. Mr. Harris's dispatch, containing this hint, was received by the Ministry on the fourth of March. Three days afterwards, a Spanish messenger arrived, with orders to Prince Masserano, to make a positive demand of the cession of Falkland's Islands, to the King of Spain. The Spanish Ambassador first communicated his information of these orders to the French Ambassador, with a view of knowing if he would concur with him in making the demand. On the fourteenth they held a conference with Lord Rochford on the subject. His Lordship's answer was consonant to the spirit he had uniformly shewn. In consequence of this answer, messengers were sent to Paris and Madrid. The reply from France was civil, but mentioned the Family Compact. The answer from Spain did not reach London till the twentieth of April.-In the mean time, the Ministers held several conferences with Mr Stuart Mackenzie-The result of the whole was, the English set the example to disarm; and Falkland's Islands were totally evacuated and

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abandoned in a short time afterwards; and have ever since been in the possession of the Spaniards. -The British armament cost the nation between three and four millions of money, besides the expence and inconvenience to individuals.

It is impossible to quit this subject, without offering an observation upon the system of maintaining a Double Cabinet at this time in the British Court; equally notorious, unconstitutional, disgraceful, and injurious, as well to the honour of the Crown, as to the interest of the country.

No person will hesitate to say, that one of these cabinets was always under a particular influence. The whole series of this chapter, as well as the long note in it, concerning the resignation of Lord Hawke, and the subsequent explanation of the Court-System in the same note, indisputably announce, that there was established in the British Court, a system of government, that can be explained only by the master-key of secret influence. And when we look over the names of those, who have risen, in a few years, from situations of indigence to those of affluence and the peerage, (the commis of Lord Bute for example, as well as others) we are not to wonder at circumstances, which, prima facia, are inexplicable; without the recollection of collateral events. Lord Bute gave up

wards of one hundred thousands for his estate in Bedfordshire, very soon after the peace of 1763. See the extract from the essays of Anti-Sejanus, in a note in chapter xxii. A description more explicit would be called a libel. To this bow-string the truth of history is often sacrificed.

CHAPTER XL.

Lord Chatham renews the Discussion of the Middlesex Election-Attacks Lord Mansfield's doctrine of Libels-Interruption of the Duke of Manchester--Violent disturbance made by the Court Party -The Minority secede―Motion respecting Gibraltar.-The Spanish Declaration-Remarks by Lord Chatham-His Questions intended for the Judges-Lord Chatham's Speech on the Motion to rescind the Resolution concerning the Middlesex Election-Lord Chatham's Motion to address the King to dissolve the Parliament-His wish to go to America.

On the 28th of Nov. 1770, Lord Chatham moved, "That the capacity to be chosen a representative of the Commons in Parliament, being under known restrictions and limitations of law, an original inherent right of the subject, may be cognizable by law, and is a matter wherein the jurisdiction of the VOL. II.

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House of Commons (though unappealable as to the seat of their member) is not final or conclusive." His Lordship was very dispassionate, clear, and strong; enlarging on all the points of the Middlesex election. He urged the necessity of dissolving the Parliament, as a measure that would give universal satisfaction. That as to the impropriety of the two Houses of Parliament quarrelling, it would be of no worse consequence than in 1704, and it is a point that ought to be settled: the liberty of the subject, the right of election, were invaded by an arbitrary vote of the other House, which, though only one branch of the legislature, had assumed the power of the whole. The people neither had, nor could have any confidence in a House of Commons which had committed so flagrant a violation of their dearest right. The present House of Commons were become odious in the eye of the present age, and their memory would be detested by posterity. Their having substituted Col. Luttrell for Mr. Wilkes, he insisted, demanded the severest punishment-required a dissolution.

Towards the end of his speech he made a digression, to introduce another grievance, which, he said, he was informed prevailed in the courts of law, respecting juries in the case of libels, and the judgment of the Court which followed. He conceived the direction of the Judge, not formerly, but

lately given to juries, to be dangerous and unconstitutional, and the judgment of the court, in many cases, to have been cruel and vindictive.. The matter of libel-of public libel-was generally a political matter; and the question, whether a paper was a libel or not, was not a question of law, but a question of politics, in which Ministers indulged their passion of revenge, and the courts of law became their instruments of gratification. See Appendix T.

Lord Mansfield, after many compliments to Lord Chatham, maintained his doctrine respecting libels.

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Lord Chatham replied, that if he conceived the noble Lord on the woolsack right, his doctrine was, "That a libel, or not a libel, was a matter of law, and was to be decided by the Bench; and the question to be left to the jury to determine, was only the fact of printing and publishing:" to which Lord Mansfield assented. His Lordship then expressed his astonishment, declaring, that he had never understood that to be the law of England, and expressed his wish, " that a day might be appointed for an enquiry into the conduct of the Judges who had advanced such a doctrine." His Lordship observed, that in a late case, it was declared from the Bench, that if the verdict, instead of guilty

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