Графични страници
PDF файл
ePub
[merged small][ocr errors]

2. extended, united Adminiftration, entitled to the confidence of his people, and fuch as may have a tendency to put an end to the unhappy divifions and diftractions of this

R country.

"To acknowledge his Majefly's paternal goodness in his late most gracious endeavours to give effect to the object of our late dutiful reprefentation to his Majefty.

To lament that the failure of this his Majefty's moft gracious endeavours should be confidered as a final barto the accomplishing fo falutary and defirable a purpose, and to exprefs our concern and disappoint ment that his Majefty has not been advised to take any farther fep towards uniting in the public fervice thofe whofe joint efforts harve recently appeared to his Majefty most capable of producing fo happy an effect.

"That this Houfe with all humility claims it as its right, and on every proper ccafion feels it to be their bounden duty to advife his Majefly touching the exercife of any branch of his Rysal prerogative.

"That we fubmit it to his Majefly's Royal confideration that the continuance of an Adminiftratton which does not poffefs the confidence of the Reprefentatives of the people must be injurious to the public Service.

"That this House can have no intereft difline and feparte from that of their conflituents, and that they therefore feel themselves called upon to repeat those loval and dutiful affurances they have already expreffed of their reliance on his Majefty's paternal regard for the welfare of his people, that his Majefty would graciously enable them to execute thofe important trufis which the Conflitution has vefied in them, with honour to themfelves, and advantage to the public, by the confirmation of a new Administration, appointed under circumftances which may tend to conciliate the minds of his faithful Commons, and give energy and flability to his Majesty's

Councils.

[blocks in formation]

do therefore find themfelves obliged again to befeech his Majefty, that he would be graciously pleafed to lay the foundation of a frong and fable Government, by the previous removal of his prefent Minifters.” Lord Surrey feconded the motion.

Mr. Hamilton defended Miniftry, and warmly reprobated the conduct of oppofi tion. He faid, in his opinion there was a defign formed by a party to monopolize government, but the Houfe he trufted would not facrifice the country to this party, and would not be awed, or permit a band of hired ruffians to controul a free people. The right honourable Gentleman would neither have back ftairs nor front ftairs, he would have no ftairs unlefs private ftairs, by which he and his friends only could have access to his Majefty.

were

Sir Horace Mann faid, that part of the antwer which stated, that no fpecific charge had been made against Minifters, he confidered as diffatisfactory and weak, for he thought with the right honourable Gentleman (Mr. Fox) that the want of confidence from that Houfe to the Minifter was fufficient ground for removal, without any specific charge of criminality. He then stated, that on his going up to St. James's, he there met the prefent Lord Mayor of London, who was one of his conftituents, with feveral others who had come up to prefent an addrefs. On feeing them, he was furprized, not having been confulted on the bufinefs, but faid to them, "I am among my friends." To which they answered, " we your friends once, but you have joined with those who have fet up a Lord Protector." This circumftance, he argued was a very strong prefumptive proof of the unfair means and calumny which had been adopted to procure addresses to the Throne. He entered into a vindication of the independent Gentlemen that fup. ported Mr. Fox, and imputed the exifting differences to the ambition of one man, who had, before he was in office, declared he would never accept a subordinate situa tion; and who when in public office, had taken the lead and overleaped all bounds. The question was upon a conteft between prerogative and privilege, and if the final refult fhould be that Minifters were con tinued in office, there was, in his opinion, an end of every vital principle of the conftitution.

Mr. Wilberforce juftified his Majefty's answer with great threwdnefs and force of argument. He spoke in very high

terms

terms of his confidence in the integrity of Sir Horace Mann; he thought with him that the independent country gentlemen acted from principle, and fhould be highly refpected; but it would not be afferted, that the whole of thofe perfons that form ed oppofition, were entitled to that defcription; and he thought the liberty of the country in equal danger from the meafures of a faction as from the exercife of prerogative. He faid he had long entertained an opinion, that if ever this country was ruined it would be by the Houfe of Commons.

Mr. Martin faid, that from his carliest days he had been taught to venerate the Houfe of Commons, as the natural guardian of the conftitution. But he had alfo been taught to reverence the prerogative of the Crown as a part of the conftitution, which could not be impaired or taken away, without endangering the whole. Upon this principle, therefore, he intended to vote against the addrefs.

Sir William Dolben was pretty levere against the addrefs, and entered into a difcuffion of the feveral parts of it, declaring he perfectly accorded in thofe that returned his Majefty thanks for his moft gracious anfwer, but could by no means agree with fuch others as called for the dismission of the present Ministers. "He paid Lord North many compliments, and lamented that he had ever departed from that dignified line of conduct which he had held while totally out of power two years ago.

General Conway was for the addrefs. He expreffed himself with fome indignation at Mr. Wilberforce having declared, that he thought if ever the conflitution was ruined, it would be ruined by the Houfe of Commons. This he faid was ftrange language to be held within thofe walls. He faid a few words on the anfwer, obferving that fuch a one had never been given by any Prince fince the revoJution.

The Chancellor of the Exchequer rofe next, and faid, the Houfe and the hearers had been fo wearied with the agitation of the fame fubject repeatedly within the paft few weeks, that in compaffion to both, he would be as fhort as poffible. He obferved that gentlemen had held him up as the champion of prerogative; but for prerogative in its bad meaning he was no champion. He defended prerogative as being part of this conftitution which he ever revered; and he cherished the privileges of that Houfe as part of the fame conftitution. Therefore of conftitutional

prerogative, but of no other, of the conftitu tional privileges of the House of Commons, but of no other, he wished to be thought the champion. Much had been faid this day, and on fome former occafions, of: be Stuarts, the Revolution, and the Acceffion: many round-about expreffions were used to con vey, or rather to conceal a doctrine, which the Right Hon. Geatleman over the way did not feem defirous to broach very publicly; but when divefted of its covering, it amounted precifely to this, that no Minifty ough to be appointed, until the fenfe of the Houfe of Commons fhould have been previously confulted and taken. But what would be the confequence of this doctrine? Why this moft certainly-that no administration could ever be difmisled, until they fhould think fit to have it put to the question, whether they would confent to their difiniffion or not. He challenged gentlemen to fay, whether this was a downright republican doctrine, by which both the executive and legiflative characters would be united in the House. He then examined the answer and addrefs, and pointed out what parts were moft to be queftioned. With regard to his Majefty's anfwer he faid, it was adapted to the occafion. He faid, he had ever been a firm and zealous friend for union, becaufe he saw it was the wish of that House, and of the country; but if fuch an object could have been obtained, it must have been upon fair and honourable ground. To have forwarded it, he was ready to have made large facrifices, but from what the right honourable gentleman had said, he feared, a proper union was no longer attainable. He defcanted upon this for fome time, and at length after an infinite variety of ingenious arguments, and folid reafoning, delivered with great oratorical fluency, he concluded with fome ironical and farcaftic remarks on the nakedness of the addrefs, in which no proof of the criminality of Minifters was alledged, nor any fingle fact imputed to their charge. In the courfe of his Speech, he took occafion to repeat his declaration that he would not refign for the purpose of negotiation, and if he was by any measure of the Houfe forced to refign, or his difmiffion render. ed unavoidable, that would be an infur mountable bar to union.

Mr. Welhore Ellis begged that for one, he might not be included in thofe, who were fuppofed to maintain republican principles; he was now, always had been, and hoped he ever fhould be a friend to a limited monarchy, and mixed govern

ment ;

ment; and to that form of government he could very cafily reconcile the doctrine contended for by the right honourable Gentleman, who made the motion: for if the King had the abfolute and uncontroulable power to appoint whom he pleafed for minifter, and the Commons were not vefted with a power to controul the nomination, and caufe it to be revoked, if it was unwifely, improperly made, then there would be no ufe in the Houfe of Commons, and the executive power would find itfelf completely independent of Parliament: and confequently there would be an end of that mixed government, that limited monarchy to which, and to which alone he could poffibly be a friend.

Lord John Cavendish fhewed that in a free country the people must have their fhare in the executive government by controul and advice. He pointed out the bad confequences and ridiculous effects of the appointment of Minifters refting folely on the perfonal will and caprice of one man, by ftating that Lewis the 13th of France had chofen one of his Minifters merely for his fklll at tenis, and another for his fkill in hawking. His Lordship laid great ftrefs on the conftitutional privilege of the Houfe to interfere with its negative in the appointment of Minifters, and then proceeded to a variety of general reafoning, in the courfe of which he cenfured the pride and obftinacy of Mr. Pitt, for his fetting himself up against the House of Commons. He complained of the way in which the late administration had been turned out, on no other ground than merely from their poffeffing the confidence of that House. He begged the House would mark the contrast between the right honourable Gentleman, and the late Minifters: they were difmiffed, rudely dif miffed; and yet they were ready to unite upon public principle. The right honourable Gentleman however, would find himself fo mortified by being difmiffed, that he would not afterwards unite with thofe who had been the authors of his difgrace. But this appeared to him very far from a modest way of acting: if he should be driven out by them, they were driven out by him. They were ready to

T

unite; but the honourable Gentleman would not. This was really a mode of acting that he did not understand; one gentleman was as good as another and no better.

Captain Phipps charged the oppofition with practifing little political fophiftries. He declared, Mr. Fox's defign had clearly been to make himself Lord Protector and perpetual Dictator, but that he had faid, he fhould have been fit for Bedlam, if he had any fuch defign, Capt. Phipps faid farther, that Mr. Fox dared not, like Cæfar, accept the dictatorship in public, but that had the bill paffed, he would have been "a çutpurfe of the empire and the rule, and fole the diadem from the fhelf, and put it in his pocket."

An altercation then took place refpecting the conferences that Mr. Marsham had with Mr. Pitt and the Duke of Portland on the fubject of an union. The queftion at laft being repeatedly called for was put, and the Houfe divided, For the addrefs

Against it

Majority

201

189

12

At twelve o'clock the Houfe adjourned till to-morrow.

[merged small][merged small][merged small][merged small][ocr errors][merged small][merged small]

NEW ACT for amending the RECEIPT TAX.
To commence the 25th of March 1784.

HE preamble recites the act paffed last feffion of Parliament, for grant ing new stamp duties on inland bills of Vol. VI. March 1784.

exchange, promiffory notes or other notes and alfo ftamp duties on receipts, and the penalties and forfeitures of former acts.

E c

It

It then proceeds: And whereas doubts have arifen whether the faid recited act of the latt feflion of Parliament extends to any or either, and which of the penalties prefcribed by the faid former acts of Parliament to bills of exchange, promitfory and other notes, and receipts or other difcharges not properly ftamped: for remedy whereof and to obviate fuch doubts, be it enacted, that from and after the 24th day of March, one thousand seven hundred and eighty-four, every perion or perfons who fall write or fign, or caufe to be written or figned, any bill of exchange, promiffory or other note, or any receipt or other difcharge given for the payment of money liable to any ftamp duty charged by the faid recited act of the laft feffion of Parliament upon any piece of vellum, parchment, or paper, without the fame being firft duly ftamped as in and by the faid act is directed or upon which there thall not be fome ftamp or mark refembling the fame, he, the, or they fhall, for every fuch bill of exchange, promiffory or other note, or any fuch receipt or other difcharge fo written or figned, forfeit and pay the fum of five pounds, to be recovered and applied as in and by the faid recited act is directed, or in manner herein after mentioned.

That no perfon fhall be liable to any profecution for having written or figned, or caufed to be written or figned, previous to the commencement of this act any bill of exchange, note, or receipt not duly ftamped according to the directions contained in the act of last feffions.

That all drafts or orders for the payment of money on demand, upon any banker, perfon or perfons acting as bankers, which are not drawn payable to the bearer, fhall be liable to and charged with the ftamp duties by the faid before recited aft impofed upon foreign or inland bills of exchange, promiflory notes, or other notes, drafts, or orders.

That no ftamp duty fhall be required for or on account of any draft order or note, which may legally be given wherein the fum exprefled or made payable does not amount to the fum of forty fhillings.

That it fhall and may be lawful for any perfon or perfons required to give any receipt, to provide the paper ftamped or marked as by the faid recited act is direct ed; and fuch perfon or perfons, fhall and may add the ftamp to the debit of the account of the perfon requiring the fame, er to the demand for the difcharge of which the receipt was required; which

faid charge fo made fhall be allowed to be good and valid in any court of law and equity.

That nothing in this act, or in the herein before recited act contained, shall extend, or be conftrued to extend, to charge or impofe any stamp duty upon any receipt given or to be given for the confi deration for the purchase of any fhare in any public ftock or fund, or in the stocks of the corporations of the Bank of England, Eaft India Company, or South Sea Company, or for the dividends paid or payable on fuch fhares of the faid ftocks; nor for any money payable by law to any merchant for drawbacks or bounties on the exportation of any goods or merchan'dizes from this kingdom, nor to any certificates of over entries of duties on cuftoms, nor to any portage bills allowed to mafters of fhips or veffels for making a juft and true report of their cargo at the Cuf'tom-house."

That no bill of exchange, promissory, or other note, receipt or other difcharge given for the payment of money required to be ftamped by the faid recited act of laft feffion of Parliament, fhall be permit ted to be ftamped at any time after the fame fhall have been written or figned, unlefs upon the payment of the fum of ten pounds.

That it fhall and may be lawful for any juftice refiding near the place where the offence thall be committed, to hear and determine any offence against this act or the faid recited act of laft feffion of Parliament, which fubjects the offender to the penalty of five pounds; which faid juftice is hereby authorised and required upon any information exhibited, or complaint made in that behalf to fummon the party accufed, and alfo the witneffes on either fide, and to examine into the matter of fact; and upon due proof made thereof, to give judgment or fentence for the penalty or forfeiture, and to award or iffue out his warrant for the levying the faid penalty of five pounds fo adjudged on the goods of the offender, and where the goods of fuch offender cannot be found fufficient to answer the penalty, to com mit fuch offender to prifon for the space of three months, unless fuch pecuniary penalty fhall be fooner paid and fatisfied: and if any fuch perfon or perfons fhall find theinfelved aggrieved by the judg ment of any fuch juftice, then he or they fhall and may, upon giving fecurity to the amount of fuch penalty and forfeiture together with such cofts as fhall be awarded

ін

in cafe fuch appeal to the

judgment fhall be affirmed, juftices of the peace at the next qual fellions for the county which fhall happen oarteen days next after fuch conviction fhall have been made, and of which appeal reafonable notice fhall be given, who are hereby impowered to fummon and examine witnelles upon oath and finally to hear and determine the fame : and in cafe the judgment of fuch juftice thall be affirmed, it fhall be lawful for fuch juftices to award fuch cofts occafioned by the appeal as to them fhall feem meet : that it hall and may be lawful for any juftice, where he fhall fee caufe, to mitigare and leffen any fuch penalties as he thall think fit, reasonable cofts and charges of the officers and informers, as well in making the difcovery as in profecuting the fame being always allowed over and above fuch mitigation.

That witnelles fummoned and having

their reasonable expences paid or tendered, neglecting to appear or refufing to be examined upon oath, fhall forfeit for every offence the fum of forty-fhillings, to be levied and paid as herein directed as to other penalties, without a reafonable excufe for fuch refufal to be allowed of by fuch juftice or juftices.

That penalties and forfeitures fhall be divided and diftributed, one moiety thereof to the Receiver General of his Majefty's ftamp duties for the ufe of his Majefty, and the other moiety to the perfon or perfons who fhall inform and fue for the fame.

That no perfon or perfons fhall be convicted before any juftice of peace for any offence committed against this act or the before recited act of last feffions, unless complaint or information fhall be made or exhibited within one year after such of fence is committed.

Abstract of a Plan for an Order of MILITARY MERIT.
Propofed to his Majefty by General Conway :

N order of military merit to be cfta

A blished, to diftinguish fuch as fhall

fignalize themselves by any remarkable action of valour, or by their courage and good conduct.

The above rules to be perpetually and invariably fixed.

The Commanders to wear, from the right fhoulder to the left fide, an orange coloured ribbon, three inches and a half The Sovereign to be Grand Mafter, and broad, edged with blue, having a gold as well as the Heir Apparent or Prefump-crofs or badge hanging thereto, embost or tive to the Crown, to wear the infignia, together with thofe of the Order of the Garter.

The order to be divided into three claffes, viz.

enamelled, with a word crowned with glory, and ornamented with laurel,—Motto, Bellica Virtuti. The reverfe,-a crofs of St. George enamelled red, with an helmet in the center, and the words

The ift to be called "Commanders of Geo. III. inftit. Ann. the Order."

ed. "Knights of the Order." 3d. "Companions of the Order." Admiffion not to be obtained by birth, favour, nor even by long and irreproachable duty; but thofe entitled to the Order must have been diftinguished in the fervice.

The Commanders must have ferved with diftinction at least five campaigns, or have taken or defended fome fortrefs, being Chief in command: or have invented and contributed to introduce fome ufeful military project or improvement.

The Knights and companions must have derved three campaigns, the former with a command equal to a battalion in action; but in every cafe the performance of fome diftinguished fervice to make all other reftrictions unneceffary.

The Knights to wear round the neck a ribbon, ftriped orange and blue, with the fame crofs.

Thefe two claffes to wear likewife on the left arm a white band or ribbon, edged with gold, having a cross or badge, and the motto, Quæfitum Meritis."

The Companions to wear the cross at the button hole.

The Commanders may likewife wear round the efcutcheon of their arms the ribbon of this order, with the words Quæfitum Meritis, having hung thereto the crofs of the Order.

The Knights may have the fame motto, with the crofs hung by a knot of the fame colour under their arms. And the companions the cross, hung in the fame

manner.

All the three claffes may wear as an adE e 2 ditional

« ПредишнаНапред »