had been, which he had taken to prevent their paling, he thould think the Hote could not negative the prefent motion.

Mr. Prays in the course of his speech, addreffed Mr. Lyng as the Shepherd of the Houfe, apfiving an eigant, Latin quotation to him, and declaring be should not wonder if he should be fon counted for one of Mr. Fox's (peakeis

The Goancellor of the Exchequer, in a most able fpeech, aniw red Mr. Fox, and endeavoured to convince Mr. Powys, that confiftency required, that he should vote against the queftion then under confideration. He faid, though be certainly fhould be glad to have the refuletions already upon the Journals reconfidered with a view to their being refcinded, he could not content himfelf with moving the previous question upon the prefent motion, but thought hemielf bound to give it his direct negative. The right honourable Gentleman oppolite to him, had talked of his having been infulted and provoked to warm language by the argument of his honourable and learned friend; how much more reafon had he to feel himtelf infulted and provoked, not only by what had paffed that day, but on feveral former days in which refolutions perfonal to him had been moved. His learned friend's argument that day, as his argument always was, had appeared to him by no means calculated to provoke ill-humour and indignation, but on the contrary was a plain, direct, and as he felt it, a convincing argument of the impropriety of the Houte's coming to any fuch motion as that before them, with a view to enforce the effect of the motion the House had that day voted nearly unanimouily. He had himielf, during the whole ferics of extraordinary debates that had lately taken place, endeavoured to avoid be ag caught by the violence of their proceedings, and had preferved as calm and governable a temper, as the nature of the cafe would admit of. Had he not done fo, the circumstances that had occurred would have justified him. The House had been led on infidiocfly, and ftep by step as it were, from one refolution to another, without a fair difcuffion of any one of them on its own proper merits. The first refolutions, the Houfe would recollect, had been paffed at an unusual hour of fix in the morning, and with little or no debate. The fecond in a manner grew out of the firft, and that was immediately follow ed by a third. It was true the fubftance of thofe refolutions were made the subject of difcuffion at a fitter time of the day afterwards; a circumftance in which he felt confiderable fatisfaction, and had at the time expreffed himfelf gratified at it. But how had that question ever been debated? Not upon its own proper merits; fo far from it, the right honourable gentleman oppofite to him, had defired the Houfe to confider it as a corollary to the preceding refolutions, and had told them, that as fuch, having voted the former refolutions, they were bound to vote that as matter of courfe. Thus artfully had the Houfe been VOL. VI. Feb. 1784.

kept from examining any one of the various questions, that had been brought forward, fingly, but had been infidioufly led on from one to another, without knowing whither they were to be led, or at what degree of violence they were to be permitted to flop. He begged them, however, to confider the prefent queftion as it really was, and to ak themselves, if it were at all likely to further the purpofe of the motion, that had been voted that day. For his part, fo far from its having fuch tendency, he could confider it no otherwise than as an effectual bar to the union to much defired by the refpectable and independent gentlemen, who had called for fuck a meafure, and had exerted themfelves in fo laudable a manner, to bring it about. The honourable Gentleman w poke lat, had declared his di approbation of the refutations on the Journals, and had nevertheless fa d, colefs the previous queftion was moved, he must vote for the prefent motion. This was a declaration which Mr. Pitt declared he could by no means reconcile. On the contrary, thofe who difp. proved of the fit refolution, he thought were in confiftency bound to relift the conclufion,, which the prefent tended to establish as the", natural confequence arifing from them. Having put this very pointedly and contended, that the former refolutions were not founded in any fafts that had been proved, nor in any charge that had been fobitantiated, he urged the bad effect, that would refelt from voting the motion then under confideration. The honourable Gentleman who spoke laft, had talked of the fortrefs in which he was fitoated, and had declared he did not with him to march out of it with a halter about his neck. The only fortrefs he knew of, or ever defired to have a thare in defending, was the fortrefs of the constution. For that he would reli every attack, and every attempt to feduce him out of it, that could be made. With regard to perfonal honour or public principle could it be expected, that he thould confent to march out with a balter about his neck, change his armour, and meanly beg to be re-alinitted and confidered as a volunter in the army of the en my. To put hinfif into fuch a predicament, and to truft to thee to loofen and take off from his neck the halter that he was expected to march out with, was a degree of humiliation to which he never would condefcend, and he fpoke not merely for himself, but for much greater meu, with whom he afted, and whofe fentiments upon the fubje&t, he was perfuaded he delivered distinctly. fpeaking of this in a file of great eloquence, he faid, withing as he did to meet the defires of the refpe&t be and in lesendent Gentlemen, by acceding to an eaion upon principle, he had done every thing in his power to facilitate fuch a measure. That the facrifice of the

After

what infulting attacks had been made, and what clamours had been excited, he conceived fome regard ought to be paid to his being willing to meet the withes of thofe refpectable individuals who had called for an union of parties. To accomplish that object was undoubtedly a matter greatly to be defired, and for that, and for that alone, was be ready to encounter the difagreeableness, that after what had paffed must neceffarily be supposed to be felt by him in acceding to the propofition. With regard, however, to the refignation of Minifters, he faw no reafon for it. If that Houfe infifted upon their going out, there were two conftitutional means open to them, either by impeachment to proceed against them for their crimes, if they had committed any, or by an immediate addrefs to the Crown, to defire their removal. The removal of Mini

fters lay with the Crown, and not with that Houfe; in remaining in office, therefore, with a view to keep the country free from anarchy and confufion, and to prevent the Government from falling a prey to that Adminiftration, which had been removed, and fuffering them to force themfelves again upon the Sovereign against his will was neither illegal or unconftitutional. Mr. Pitt enlarged on thefe ideas, and repeated it, that the prefent Adminiftration not having refigned, because they had not the fupport of that Houfe, was by no means contrary to law, or the constitution. Mr. Pitt was more than ordinarily animated and inter efting throughout. Where be froke of marching out of the fortress, his friends fupported him with loud approbation; and where be talked of the difficulties an union would necessarily put him and his friends to, Mr. Fox's fide of the Houfe was vociferous in crying out, Hear! Hear!

As foon as the Chancellor of the Exchequer fat down, the House divided,

1 Ayes,

Majority 19.

204

The Lord Chancellor put the question. A greed to.

Viscount Stormont fubmitted it to the good fenfe and integrity of their lordships, whether it would be proper or decent, to have both motions come on the fame day.

His lordship finding the sense of the Houfs against his propofal, he faid he muft fubmit, and that he had no doubt of many Lords attending.

HOUSE of COMMON S.
Tuesday, February 3.

MOTION TO CARRY RESOLUTIONS UP To
THE THRONE.

Mr. Coke, of Norfolk, called the attention of the Houfe, to the refolutions which had been voted the preceding day. The end propofed by them was evident, and it was now the duty of the Houfe to bring forward fuch means as would carry them into effect. The means he had to propofe, was to follow them by a further refolution, which he thould fubmit to the confideration of the Houfe; bot previous to making this motion, he wished to have the refolutions of yesterday read.

The Clerk then read the refolutions, which were as follows:

"That it is the opinion of this House, that the prefent arduous and Critical fituation of pub. lic affairs, requires the exertion of a firm, efficient, extended, united Adminiffration, entitled to the confidence of the people, and fuch as may bave a tendency to put an end to the unfortunate divifions and diftrations of this country."

2d. "That it is the opinion of this Houft, that the continuance of the prefent Minifters in their office is an obftacle to the formation of fuch an Adminiftration as may enjoy the confidence of this Houfe, and tend to put an end to the unfor tunate divifions and distractions of the country." Mr. Coke afterwards moved,

"That the faid refolutions be bumbly laid be

HOUSE of LORD S.
Turfday, February 3.

A petition from Jofeph Chriftie, Captain in in the 88th, for leave to bring in a bill to diffolve his marriage with Elizabeth Leflie Christie, late Baird.

Earl of Effingham acquainted their lordfhips that to-morrow he intended to make a motion refpecting his infolvent bill. His lordthip alfo faid, he might probably bring forward what be bad formerly hinted at, but could not fay with certainty. He left it entirely to the Houfe, whether they thought it of fufficient confequence to fummon the Houfe upon it.

The Duke of Bridgewater moved that the House be fummoned.

*The Refolutions of the House of Commons.

as are of his Majesty's moft Honourable Privy Council."

Mr. Welbore Ellis feconded the motion. A debate enfued 'in which all the argu ments fo repeatedly urged in former debates were gone over again. On a divifion, For the queflion, Aves

Noes

Majority

211

187

24

At eleven adjourned to Thursday the 5th.

tention of their Lordships to fome very extraordinary refolutions that had lately been voted in the House of Commons. His Lordthip faid, they were of a nature that in his mind rendered it indifpenfibly neceffary for the Houfe to take fome notice of them. At the fame time that he felt this to be unavoidable, and that their fuffering them to pafs, without coming to fome refolution refpecting them, would betray an unpardonable indifference on the part of their Lordships with regard to the conftitution, and perhaps endanger its exittence, he was aware of the great neceffity there was to avoid doing any thing rafh, haf ty, or violent, or that was at all likely to disturb the harmony, that at prefent fublifted between that and the other Houfe of Parliament. He had therefore taken time to confider, of what might be the ftep molt proper to to be adopted by their lordships on the occafion, and he flattered himself, that what he fhould propofe, would not only be free from objection, but would meet with general concurrence. His lordship then moved, that the refolution come to by the Hoofe of Commons, on the 24th of December, might be read.

It was accordingly read as follows: "That the Commiffioners of the Treafury ught not to give their confent to the acceptance of any bills drawn from India, untill it fhall bave been made to appear to this Houfe, that Jeficient means can be provided for the payment of the fame when they shall respectively fall due, by regular application of the clear effects of the Company, after difcharging in their regular courfe, the cufloms and the other fams due to the public, and ibe current demands upon the Company; or until this Houfe fhall otherwife di

rect."

His Lordship next moved, that a particular claufe in the act of the 21ft of the prefent King might be read. The claufe gave the Lords of his Majefty's Treafury a difcreti onary power to allow the Eaft India Company to accept bills to a greater amount than three hundred thousand pounds, as they should think advifeable.

This having been read, his Lordship moved, that an extract from the Journals of 1704 might be read. After which he proceeded to flate to the Houfe the alarming confequence that might enfue, if that refolution was fuffered to pass unnoticed. He therefore said he

following Refolution come to by the House of Commons on the 16th of January,

"That it having been declared to be the opi nion of this Houfe that in the prefent fituation of bis Majesty's dominions it is peculiarly necessary there jhould be an adminiftration that has the confidence of this House and of the public; and that the appointments of his Majesty's prefent Minifters were accompanied by circumstances now and extraordinary; and fuch as do not conciliate or engage the confidence of this House; the conti nuance of the prefent Minifters in trufts of the bigbeft importance and refponfibility, is contrary to conftitutional principles, and injurious to the interefis of bis Majefly and his people."

His Lordship upon this read his fecond motion, which was as follows:

"That according to the known principles of this excellent conflitution, the undoubted authority of appointing to the great offices of executive Government is folely vefled in bis Majefty; and that this Houfe has every reafon to place the firmest reliance in his Majesty's wisdom in the exercise of this prerogative."

As foon as the motion was gone through, his Lordthip defcribed the conduct of the last Minifters, and reprehended it. With regard to the prefent, he faid, as he fcrupled not to avow himfelf partial to it, he would not fay any thing in its favour in that Houfe, because while the parties were prefent, however juftly he might defcribe their merits, or whatever declarations he might make in their favour, the whole of what he had to fay on that fubject might probably be conftrued into fulfome flattery. There was one Member of Adminifiration, however, with regard to whom he was not under the fame restraint, that Right Honourable Gentleman being abfent, and belonging to the other Houfe of Parliament. His Lordship then pronounced a grand eulogium on the character of Mr. Pitt, and after painting his virtues and abilities in the warmest colours of praife, he fpoke of his having in a manner that was unexampled, with regard to its difinterestednefs, given the public 2800l. a year, in confequence of the mode in which he had difpofed of the Clerkibip of the Pells. His Lordship at length concluded with moving bis first propofition.

As foon as the motion had been read from the Woolfack, the

Earl of Fitzwilliam rofe, and declared his diffent from it. His Lordship flated that the Refolution of the Houfe of Commons, of the 24th of December, appeared to him in a very different point of view from that in which it had track the noble Earl. He faw nothing alarming, nothing violent, nothing in it that ought to excite the jealoufy of that Houfe, or to provoke their interference. It was merely a piece of falutary advice, timely given to the Lo ds of the Treafury, on a fubject which it well became the Houfe of Commons to attend to. The motion then under confideration con- . fequently appeared to him wholly unneceffary, and likely to difturb the harmony between the

R 2

two

two houfes, and create a difference that could not but lead to the most unfortunate confequences. With regard to the Right, Honourable Gentleman now at the head of his Majelly's Administration, he faid, if his ftanding at abe Head of Adminiftration, was to be made the ground of vating the prefent Refolution, he must not only diffent from it on that point of confideration, but defire likewife not to have his name included in the left of thofe who were willing to fubtcribe to all that had been faid in his favour.. His Lordship then proceeded to examine Mr. Pitt's publick character, and to afk in what part of it he was to look for that merit, that was to induce him to repofe his confidence, and to look up to the Right Honourable Gentleman as a fit perfon to be at the head of the Adminiftration of the Country under its prefent critical circumftances. Much had been faid of the Right Hon. Gentleman's character and abilities, but much could not, the Earl obferved, be concluded from a political life to eafy to fean, and which has afforded fo little opportunity of trial. When the Right Hon. Geatleman fir came ito Parliament (and he had fat only in the prefent,) he had found the plan of oppofition ready cut and dried to his hands. The abili'ties of a Minifter were not to be prefumed without fomething like proof. Was he to confider the impotent attempts the Right Honourable Gentleman had made at a Reform of Parliamentary Reprefentation, and his cheme to new model the conftitution, which had spread an alarm throughout the kingdom as a part of that proof? Was he to regard his ill-framed and inadequate Bill for the Gove umen; of India as one piece of the evidence? With refect to the difpofal of the Clerkship of the Pils, te rejoiced it had been given to an honourable Gentleman who had laboured for the publick upwards of twenty years. It was certainly well bettowed: had the Right Honourable Gentleman taken it him'elf, he fhould have thought otherwife, as he had not ferved the public yet five years. But upon what was he to give the Right Hon. Gentleman his confidence? Was he to give him his confidence for the thare the Right Hon. Gentleman had afted, in the bringing about that peace, which was not only on all hands agreed to be a word peace than this country, vader the relative circumfiances of the other powers, compared with our own at the time, had a right to expect, but had been formally condemned by a majority of the Houfe of Commons two feveral times in the fame fefLon of Parliament? Was he to confider him as entitled to his confidence, for having remained Chancellor of the Exchequer for fix weeks lat year, during which whole time he had done no one aft as a minifier, but feemed to remain clinging to his office, from an unwarrantable defire to retain a fituation, for which the Houfe of Commons had virtually declared him incapable? Or was it for his having left his office at that time without the

leaf trace of any bufinefs in-it, or the fmallest preparation or plan for railing the money wanted for the publ fervice, although it was the 2d of April before he went out of office? Was it for that he was to repofe his confidence in him, or was it for his having lately come into power, through the mins of Secret infla ence, and the intereft of the back fairs advifers of the Crown? Or, lafly, was it for having at this time, from the wildness of an inordinate ambition, kept his official fituation, contrary to the exprefs fenfe of the Houfe of Commons, who had more than once is direct terms declared, that they could have no confidence in him as a Minifter? Having put thefe questions very ftrongly to the Houfe, his Lordship faid, he was ready to give difinereflednefs its due thare of praife, but he faw no caufe for raifing the Right Honourable Gentleman to fuch an eminence, in preference to every other man in the country, merely for having done an act of duty, not to have done which, would have ruined his character, and blafied it for ever. Hs Lordilip concluded with declaring, that he thould give his nega tive to the motion under confideration.

Earl Fauconberg with more than ufual energy called upon their Lordships to join him in voting for the refolution that had been moved. His Lordthip faid, though he was far from withing to do any thing that fhould disturb the harmony that at prefent fubfified between the two Houfes of Parliament, he felt himfe!f bound in daty to ftand up and recommend it to their Lordships to ftand forth moderately but firmly to fupport the juil Prerogative of the Crown agai. it the violence and intemperance that feemed of late to have taken poffeffion of the other Houfe of Parliament. This he faid they were bound to do, from motives of refpect and reverence to the Crown, and from a fenfe of what they owed to the Nation. He reminded their Lordthips that they were the hereditary reprefentatives of the People. That their feats in Parliament depended not on borough jobbing, or bribery and corruption, bet that they held them as their birth-rights, and therefore they were doubly bound in times of public danger to take the alarm, and act in a manner becoming their rank and becoming their character. His Lord:hip congratulated the Houfe on having done them! dyes immortal honour by the part they had acted refpe&ing the East India Bill, and faid, they had made them&lves extremely popular by having fo doue. This, he declared, he spoke not loofely or lightly, but upon the mult indifputable authority. He faid farther, that the whole pation was bound to entertain the livelief gratitude to the Sovereign for bis having difmitted from his fervices. Ministers whote conduét evinced defigns to dangerous to the rights of individuals, and the liberties of the fobjects in general. They were bound to thank their Sovereign alf, for having called to the head of his Councils a Minifter unex. ampled in abilities, untainted in character,

and

and of the pureft integrity; a Minifterin whom the nation at large repofed the most unlimited confidence, and whofe noble and generous conduct in a late inftance not only reftated the brighteft luftre on his fame, but gave his country a happy piefage of the good conlequences the was likely to derive from the adminiftration of fo virtuous a character.

The Duke of Manchefter differed from the noble Lord who had spoke lail, both with regard to the prefent refolution, and to the fubjeft of the noble Earl's high framed eulogy. The Duke faid, he could not confider the propofition, then under confideration, as either ceceflary or expedient. He thought the refo. lutions of the House of Commons, were refoletions proper to be come to, under fuch circomfiances as had lately occurred; and he could regard the motion, with no other poffible view, than as a meature big with danger to the country, because it was likely to create a breach between the two Houfes of Parliament, and throw the three branches of the legiflature into a flate of anarchy and confufion. He reminded their Lordthips of the peculiar fituation of the country, juft at peace with the powerful Houfe of Bourbon; not yet fettled in Ind a; not at war there with France inded, but at war with the Indian powers. Our atairs at home in diforder, much to be done to put every thing into a ftate of regularity and fmoothnefs, our former enemies abroad making equipments, and getting forward armaments to fail we knew not exactly whither, and with a treaty of peace not yet definitively concluded with Holland. Under, fech cir cumftances the Duke appealed to the wifdem and good fense of their Lordships, whether it world be wife to take any ftep likely to add to the internal distractions of the country, and throw unanimity and cordiality fo much to be defired at this time, at a greater diftance than they were unfortunately at this moment. With regard to the Right Hon. Gentleman now at the head of Administration, his Grace faid, he wifhed not to tear away character from any man, nor to withhold commendation, where it was juftiy due, but with respect to the late difpofal of a patent place, the matter was not rightly underfood. The money was not, as had been fiated by many perfons, and imagined by more, given to the public, nor ought credit to have been taken for it on any, fuch account. The 28col. went to the Civil Lift, and not one thilling of it came into the po.kets of the publick. If their Lordships would take the trouble to read the late act, they would find that all perfions, that fell in, went in aid of the Civil Lift. Though there was fome merit there re in the Right Hon. Gentleman's not having himself taken the place that fell vacant, there was none for having lightened the burthen of the rublic. Hav, ing explained this matter, the Duke spoke of Mr. Pitt's late conduét in having come into office upon unconftitutional grounds, and obfinately perfifting in it, agaicft the exprefs

fenfe of the House of Commons. He alfo said, the public fituation, he had lately held, had enabled him to know that we laboured under many difadvantages, owing to the hafty and precipitate manner in which the late Peace had been made: difadvantages, which he could confidently affert, might have been prevented had more time been taken; a much more adequate Peace alfo might have been obtained had we but held back a little and waited a thort time longer. His Grace reminded Lord Fauconberg, that they were not hereditary reprefentatives of the people, but hereditary counfellors of the Crown; and concluded with declaring, that he thould give the motion his negative.

The Duke of Richmond said, the more he confidered the conil tution, and the more he experienced the practice of it, the more he became attached to it, and found caufe to admire. the happy manner in which it was wrought together, and the well chofen materials of which it was compofed; whenever a ny one of its three points ran into an excels, a means of correction and cure presented itself in one of the other two, fo that it contained within itself a power of balancing it, and ferting it to rights without requiring aid from any new powers. Of late the Houfe of Com mons, hs Grace faid, had run riot and lo fight of the boundaries which the conftitution had marked out for it. By the refolution that had been jutt read, it was evident the Houfe of Commons had affumed to itfelf the direction of difcretionary powers, expressly vefted in the Lords of the Treafory by the act of 1781. It had been contended by the noble Earl near him, that the refolution did no more than advife the Lords of the Treafury how to exercife the difcretion the act of Parliament had vefted in them. This was a plaofible mode of defending the refolution, bet there happened to be words in it, which proved, that this was not the meaning of the Houfe of Commons when they palled it. The words were, or, until this Houte fhall otherwife direct. Now these words, his Grace ia:d, palpably and plainly proved, that the Houfe affumed the actual direction of the difcretion velled by law in the Lords of the Trefury. His Grace reafoned upon this, and concluded, that it was highly neceflary for that Houfe to interfere in time, and prevent, by a moderate, but firm refolution, the pollbility of the Houfe of Commons making a ftcond attempt, equally unconflitutional. With regard to difturbing the harmony between the two Houfes, he faw no 1 kelihood of fuch an effect being produced by their Lord Lips voting the refolution that had been moved. The refolution was a troifm, and meft be admitted to be incapable of either question or denial: the voting it, therefore, could do no harm, nor did he fee, to whom it could g ve otience, With regard to what had been fa d by the noble Earl near him, against the right honourable Gentleman at the head of L. Majefiy's