Графични страници
PDF файл
ePub

away with most of the emoluments: he intended, therefore, at a future day, to move fome propofition for giving to the officers of the King's thips in the revenue fervice, a greater fhare in the prizes than they at prefent enjoy; by which good of ficers would be encouraged to go upon that fervice, and fmuggling would be more ef fectually checked.

Lord Mulgrave did not think that fervice the most eligible for officers: it had been often faid, that the fervice against the fmugglers was highly eligible, because it was a good nurfery for feamen; for his part, he was of a contrary opinion; for he thought the feamen were fpoiled on that fervice; and he never knew a Captain in the navy, who would take an officer who had ferved in the coafting frigates against fmugglers, if he could get any others. The feamen and money were voted without oppofition.

As foon as the Houfe was refumed, it refolved itself into a Committee on the

AMERICAN INTERCOURSE BILL. Mr. Macdonald in the chair; and the blank left for the term of its duration, was filled up with the words firft of Auguft

next.

Mr. Dempfter expreffed his apprehenfion that we should be long in making the intended regulations relative to the carrying trade with America, and that he was afraid we should entirely lofe it. He was of opinion it would not be impolitic to fuffer fmall American veffels to carry lumber and provifions to the West Indies. The bill went through the Committee.

Mr. Eden moved, as foon as the House was refumed, that there be laid before the Houfe a copy of the report made by the Committee of Council, which was to ferve as a bafis for the future regulations of trade with America.

Mr. H. Dundas wifhed his Right Hon. friend (Mr. Pitt) would not easily confent to this motion, as there might be many things in the report very fit to be known to the Privy Council, but which it would be very improper to lay before the public.

Mr. Pitt agreed with his learned friend; but he recollected that he stood pledged to the Houfe, to lay before them that report; he would now therefore only beg that he might be permitted to omit fuch paffages as it might be improper to publifh. This was readily agreed to; and then Mr. Eden's motion was carried.

WESTMINTER PETITION. Mr. Fox prefented a Petition from feveralelectors of this city, complaining of the

conduct of the High Bailiff.-As foon as it was read, he moved that it do lie upon the table.

Mr. H. Dundas moved an amendment, "that it be taken into confideration at the fame time with the Petition of the Right Hon. Charles James Fox."

Mr. W. Ellis obferved, that as the latter was to be again taken into confideration this day, it would be an unfair proceeding fo very foon to call upon the electors of Weftminster, whofe Petition had juft been prefented, to prove the allegations of their Petition. He therefore moved, that the further hearing of Couníel on Mr. Fox's Petition be adjourned to Wednesday; by which time he hoped the electors would be prepared to maintain the allegations of their Petition. After fome converfation the motion was carried.

The Petition of the electors is almoft verbatim the fame as Mr. Fox's; with this addition, that it prays that they may be exempted from the payment of any tax, which may be impofed by Parliament, while they remain UNREPRESENTED. It does not contain a prayer that they may be heard by their Counfel against the High Bailiff; but it was as good as faid that another Petition to that effect will be prefented

to-morrow.

Mr. Pitt gave notice, that papers would be laid before the Houfe to-morrow, containing a state of the accounts of the India Company's affairs, which he intended to move fhould be referred to the confideration of a felect committee.

The House adjourned at Six o'clock.

Tuesday, June 1.

Agreed to the report of the refolution of yefterday on the Supply.

Received and read a Petition, complaining of an undue election for Haddington. Ordered to be confidered the 28th day of September next.

Mr. Moreton from the Eaft India House, prefented an account of the affairs or fi hances of the Company, to serve as an appendix to the accounts laid before the laft Houfe of Commons.

Mr. Pitt was going to move that a select Committee be appointed by ballot, to take the faid account into confideration, when

Mr. Eden faid, that, for his part, he wished to refer this account to the fame gentlemen who were appointed by the laft Parliament to examine the accounts laid before that House by the Eaft India Company; from the attention they had already given to the bufinefs, he was of opinion

they

they would be able to proceed with much more dispatch than gentlemen could, who had never yet turned their thoughts to fuch fubjects.

Mr. Pitt faid, he had not the least objection to the re-appointment of the fame gentlemen, who were of the last fele&t Committee, as far as it was practicable to appoint them; but the Right Hon. Gentleman would be pleased to recollect, that three of the Gentlemen who ferved upon that Committee in the laft Parliament, were not members of the prefent; therefore with the leave of the Right Hon. Gentleman, he would move, that in the room of Sir Adam Ferguson, Sir Grey Cooper, and Sir Gilbert Elliot, be added to that Committee, Mr. Brett, Mr. Call, Mr. Anftruther; and as Mr.R. Smith had expreffed a defire to be excufed from ferving on the Committee, he moved that the Right Hon. Henry Dundas be appointed in his ftead.

Thefe motions were carried without oppofition; and the names on the Committee ftood thus:

Right Hon. William Eden.

Wm. Hulley, H. Bankes,

Geo. Dempster,

P. Yorke, H. Strachey, H. Thornton, H. Dundas, John Call, J. Anftruther, Sir G. Shuckburgh, Bart. C. Brett, Efqrs. The Houfe adjourned at four o'clock.

H. Beaufoy,
B. Watfon, Efqrs.
Lord Beauchamp,

HOUSE of LORD S.

Wednesday, June 2.

Sir James Lowther was introduced, and took the oaths and his feat as Lord Londfdale.

Adjourned to Tuesday next.

HOUSE of COMMONS.
Wednesday, June 2.

Received and read a Petition, complaining of an undue clection for Shaftesbury; allo a Petition, complaining of an undue election for Kircudbright.

Ordered, that Lord Maitland, Lord Beauchamp, and Sir Thomas Davenport, prepare and bring in a Bill for the relief of Infolvent Debtors.

ILLICIT TRADE.

The Houte refolved itfelf into a Committee, Mr. Gilbert in the Chair, to take into confideration a propofition for making fome alteration in the revenue laws.

The Chancellor of the Exchequer then rofe. He oblerved, that after the great

pains that had been taken in hearing evidence, and compiling reports relative to the illicit trade carried on in this kingdom, it would be expected of courfe, that fome fteps thould be taken for the pupofe of carrying into effect many of the regulations fuggefted in the vaticus reports that had been made to the Houfe by their Committees. The regulations which he withed to introduce, were to extend to the hovering laws, that is to fay, thofe laws by virtue of which fmuggling velf Is are feifable when found hovering within a certain diftance of the fhore; and beyond which diftance they cannot at prefent be touched : he wifhed alfo, that all veffels not in the fervice of government, which fhould carry any large guns, without a license, thould be made feifable: he propofed alfo, that fome strict regulations fhould be adopted, relative to the clearing out of fhips, &c. He intended to introduce thefe regulations into a bill; and he concluded by moving, that the Chairman be directed to move the Houfe for leave, to bring in a bill for the more effectually preventing the practice of fmuggling.

The queftion was put, and carried without at any debate.

Mr. Pitt then informed the Committee, that he intended alfo to propofe fomething relative to teas, fpirituous liquors, &c. but he was not yet prepared to bring that bufinefs before the Committee.

The Houfe was then refumed, and the Chairman made the motion," That leave "be given to bring in a bill for the more "effectual preventing of fmuggling in this "kingdom :-The fame was agreed to.

WESTMINSTER ELECTION.

Mr. Fox prefented a Petition from certain electors of Westminster, defiring to be heard by Counfel in fupport of the allegations of their Petition, and upon motion the prayer of it ordered to be complied with.

Lord Mahon prefented a Petition from Thomas Corbet, Efq. the High Bailiff, praving permiffion to be heard by Counfel against the faid Petition of the electors:

His Lordship next prefented a Petition from certain electors of Weftminster, praying that the HonourableHoufe would direct, that the High Bailiff fhould procced in his fcrutiny. This Petition being read, his Lordship moved, that thefe Petitions be heard collectively with the other Petitions then before the Houfe, relative to the Weftminster election.

Mr. Fox faid, he did not rife to oppofe the motion, but to remark, that although Ꮋ Ꮒ Ꮒ 2

in

[ocr errors]

in ancient times, he believed there might be a precedent for a Petition from a body of electors praying not to be reprefented in that Houfe, he believed it was many years fince any fuch Petition had been prefented; he could not therefore avoid obferving, that the Petition just read, was perhaps the most extraordinary that had been received by the Houfe of Commons in modern times; for certainly, for a body of electors to defire that they might not be reprefented at all, was a most extraordinary requifition, nor did he well fee how the Houfe could countenance it in any manner.

The Chancellor of the Exchequer rofe to prevent any wrong impreffion from remaining on the mind of the Houfe, from the falfe ftate of the purport of the Petition, which the Right Hon. Gentleman had juft given. The petitioners had not prayed that they might not be reprefented at all, but that they might not be misreprefented in that Houfe, by having a candidate forced upon them by arts and fallacy, who was not the man of their choice. With this view he conceived it was, that the petitioners defired the fcrutiny might proceed, in order that the perfons really chofen by them, namely, the candidates who fhould appear to have the largest number of good and legal votes, might be their Reprefentatives in Parliament.

The motion was carried and the Petitions ordered to be heard with the others.

The order of the day for the further bearing Counsel on the Weftminster election being read, the Counsel were called to the bar.

Mr. Garrow and Mr. Douglas appeared in behalf of the friends of Mr. Fox, and both fpoke for near two hours each.

As foon as Mr. Douglas had concluded, he examined Sir Barnard Turner, to know what had paffed between him and his collegue, and the High Bailiff of Westminster, relative to the return of the writ, directed to him as Sheriff of Middlefex, and commanding him to make a return of the fame to the Clerk of the Crown, on or before the 18th day of May. Sir Barnard ftated, that on Saturday, the 15th of May, his colleague and he fent the Under Sheriff of Middiefex to the High Bailiff of Weftminiter, to inform him, that they meant to make a return to the writ on the 18th, and that they should stand in need of a return to the Precipe, direct to him from them, in order to enable them to make the return to the writ complete, for the Clerk of the Crown to deliver to that Honourable Houfe.

This examination over, Mr. Garrow was called upon from the Chair, to ftate what he had to advance in fupport of the Petition of his clients, and although Mr. Garow is but newly called to the bar, and never pleaded before the Commons of England till this night, it is bare juftice to fay, that he acquitted himself in a manner equally tending to the advantage of his clients and to his own honour and credit. His fpeech was brilliant, argumentive, interefting, and appofite. No one of the Bariifters who have been heard upon the fubject have been equally fuccefsful in arrefting the attention of the Houfe (which by thofe converfant with pleadings of Counsel before Parliament; is known to be a pretty difficult matter.) Indeed Mr. Garrow feemed not merely to engage their notice, but to afford thom much rational entertainment by the fluent and eloquent. file of his harangue, the rich vein of ridicule that pervaded it, the pointedness of many of its paffages, the force and fatire of the various well-managed allufions to the Minister it contained, and the happy effect of the whole. It was not fo full of profeffional knowledge as the fpeech of Mr. Douglas, and indeed it was not to be expected that it would have been that fort of argument, but it was a most promising fpeech for a young Barrifter, and, in all likelihood will recommend Mr. Garrow. to a confiderable fhare of practice.

Mr. Mingay was heard after Mr. Garrow, as Counfel for the High Bailiff of Westminster, and in a very able manner replied to feveral of the principal argu ments of the learned Counsel, who had been heard against his client. The cafe opened by Mr. Mingay in defence of the High Bailiff was an exceeding ftrong one, provided it could be made out and fubftantiated by evidence. The main affertion on which the defence refted, was, that the High Bailiff had an affidavit delivered to him during the poll, declaring upon oath, that perfons were placed at the cor ners of facets, to conduct ftrangers to the huftings, to poll for Mr. Fox, and that upwards of four hundred perfons names appeared upon the poll books, as having polled for that Gentleman out of two parithes, [St. Margaret's and St. John's] not one of which could be found, or was believed to be in existence.

Mr. Atkinson was the firft witnefs called by Mr. Mingay in fupport of the cafe he had opened, and it being fignified by Mr. Watfon (a Counfel likewife for the High Bailiff) that he wanted Mr. Atkinson to

[ocr errors]

Nues-212.

529

prove, that he had given the High Bailiff was put and loft; the original motion was
information during the poll of a confider then put, and the Houle divided,
able number of perfons having voted for
Mr. Fox, not one of which was to be
found, a debate arofe and continued fome
time. In the courfe of it Mr. Fox gave
vent to his indignation, rouzed by a re-
flection on the trial for murder, which he
had been prefent at, the preceding day at
the Old Bailey. He was called to order by
the Mafter of the Rolls and Mr. W. Gren-

ville.

After much altercation, Lord North moved, "That the Counsel be reftrained "from going into any evidence to im"peach the legality of the votes given at "the late election."

The Chancellor of the Exchequer moved by way of amendment, to infert the word particular before the word, votes. This gave rife to a new debate, in which Mr. Fox, Lord North, and the Mafter of the Rolls, the Solicitor General, Mr. Lee, Mr. Wilberforce, and feveral other Gentlemen took part. The arguments urged against the amendment were, that it tended to open an enquiry into the merits of the late election, a queftion the Houfe was not Competent to go into the difcuffion of, it being by law referred to the cognizance and investigation of another jurisdiction.

At length Mr. Scott, in a very neat and candid fpeech, affigned his reafons for difapproving of the amendment, and for beGing clearly of opinion, that it was more confiftent with legal propriety to negative the original queftion. Mr. Scott laid it down as a maxim, from which he never would depart, that the established rules of evidence ought to be, on all occafions, ftrictly and invariably adhered to; no one of those rules he held more facred, than that every fort of evidence which could tend to fupport a defence, ought to be gone into and heard, however the hearing of it might lead to a particular inconvenience. Mr. Scott faid, he could not for a moment agree to the idea, that it was wife or juftifiable to make particular exceptions, in regard to evidence on any occafion, which exceptions fo introduced, would not admit of a general application.

The Chancellor of the Exchequer declar ed himself convinced by Mr. Scott's rea foning, and admitted that it would be more confiftent with legal propriety to negative the original motion.

Mr. Adam faid a few words in condemnation of the amendment, and in fupport of the motion, as moved by Lord North, After which the previous queftion

and went through a very long examination, Mr. Atkinson was now called to the bar, ed, fhrewd, and fenfible witnefs. Various in which he proved himself to be a collectdebates enfued upon different questions put to him, and much warmth and afperity ap peared in the course of them on both sides Fox and Lord Mulgrave, the latter in great of the House, particularly between Mr. heat infinuating, that bafe and Shuffing tricks had been practifed at the election, to trap and enfnare the High Bailiff. This declaring in a tone of great folemnity, that charge Mr. Fox took up very seriously, if the noble Lord meant, when he used the expreffion of bafe tricks, to couple the affertions of the counfel at the bar with his conduct, and to apply the words to him, before the facts on which he grounded the affertions were heard in evidence, and before he had been heard in his defence upon those facts, the noble Lord held a language which no gentleman, which no man of honour, which no man of feeling, and which no man fit tobe receiv ed into the company of gentlemen ought man, every man of honour, and every man to hold; indeed, he trufted every gentleof feeling who heard him, would have been ashamed to have held fuch language under the circumftances he had defcribed.

fairly explained, that he had no perfonal Lord Mulgrave rofe upon this, and meaning in the words alluded to, affuring the Right Hon. Gentleman, that he had not coupled them with the affertions of the Counfel at the bar. His Lordship declared he had no ill will to the Right Hon. Gen tleman as an individual, and that every thing he had faid upon the occafion, had been faid by him merely on a public view of the queftion, and as a member of Par liament difcharging his duty.

in which the Miniftry and their fupporters, A long debate followed this explanation, charged the other fide of the Houfe with procrastination and delay, while Mr. Fox treatment, and a determination to opprefs and his friends complained of uncandid and harrafs him by any means, however unwarrantable.

A fimilar queftion to that negatived by lows, by Lord Maitland: "That Counfel the divifion was moved fubftantially as fol be reftrained from examining witneffes touching the lagality of any defcription of votes, unless on questions that immediately

related

related to the exculpation of the High Bailiff."

At length it being carried, that a copy of a paper exhibited by Mr. Atkinfon, the witnefs, and purporting to be a copy of an affidavit fworn before a Master in Chancery, and delivered to the High Bailiff as an affidavit, ftating that a confiderable number of bad votes had been polled for Mr. Fox, fhould be read. As it was SIX in the morning, and the Houfe in general were too much fatigued to hear the queftions intended to be put upon that paper, touching its authenticity, by the Counsel for Mr. Fox and the electors, it was fuggefted by Mr. Sheridan, as more fair not to read the paper till the queftions could at the fame time be propofed This fuggeftion was readily acceded to by the Chancellor of the Exchequer and Mr. Dunilas; and the Houfe adjourned.

[ocr errors]

Thursday, June 3.

Agreed to the report from the Committee of Supply, that 1,000,000l. be granted for paying off Exchequer Bills, made out a purfuance of an act of 1783. That 1,500,000l. be granted for paying off Exchequer Bills raifed by loans in 1783.

A Petition from the electors of Bedford, complaining of an undue return, was read and ordered to be confidered the 12th of October.

PARLIAMENTARY REFORM. Mr. Alderman Sawbridge reminded the Houfe that on this day he was, according to notice, to have made a motion for a Committte to enquire into the ftate of the reprefentation of the people in Parlia ment; but he understood it was the wish of the Houfe after having fat until this morning, that the business should not be brought on this day, he was willing to put it off till Monday or Tuesday; but he really did not think it advifeable to defer it any longer, if gentlemen wifhed to have it difcuffed in a full Houfe. He again wifhed to know if the Chancellor of the Exchequer would take upon himself to make the motion; if he would, he fhould fincerely rejoice at it, as it would be then in much better hands than his. This he said in the fincerity of his heart, and not with any infidious intention to wards the Right Hon. Gentleman. The Houfe would be pleafed, he hoped, if the Right Hon. Gentleman declined his offer, to hint to him which of the two days they thought moft proper for the motion, Monday, or Tuesday next.

Lord North approved of the latter day;

not that he wished the business should come on even then; for he would rejoice if it was adjourned ad Kalendas Græcas. But the Houfe feemed inclined to finish the Weftminster bufinefs this day, or at fartheft on Monday; and as he would not willingly throw any impediment in the way, he would rather the honourable Magiftrate's motion fhould be made on the Tuesday than on the Monday.

Mr. Pitt faid, that though he feldom agreed with the noble Lord, yet he was giad that he coincided with him on the prefent occafion for putting off the quef tion of reform till Tuesday; a reform was the measure to which he ever had been, and ever would be a friend; but he thought it his duty not to bring it on merely for the purpose of bringing it on; but to confult opportunity, and to feize that which fhould appear to him most likely to enfure fuccefs. The prefent ftage of the feffion when other business of a preffing nature must be brought forward, he did not think the moft proper for the difcuffion of this queftion.

The order of the day being read for the furt! er confideration of the petitions refpecting the Westminster election, the counfel were called to the bar, and the affidavit produced the preceding day by Mr. Atkinfon was read. It turned out to be a joint affidavit of three men fworn before Mr. Eames, that one Mr. Budd or Burne offered the deponent a guinea each, to go to the Huftings, take upon them the characters of Westminster housekeepers and poll for Mr. Fox.

After this Mr. Marriott a student in the Temple, who drew the affidavit was called. In the courfe of his examination it appeared, that he knew but one of the three perfons who had fworn to the affi davit in queftion, and that he had drawn it up in the ufual form in such cases, and had it fworn to because he could not otherwife depend upon the truth of the information.

Mr. Douglas, on behalf of the petitioning inhabitants, now interpofed, and claimed the judment of the Houfe-whether the High Bailiff, being petitioned againft upon the general ground of not having made a legal return to the writ according to law, fhould be allowed to give in evidence a particular charge against the voters, and thereby prejudice the merits of the whole election? After a trifling debate between the opposite Counsel, they were ordered to withdraw.

The Mafter of the Rolls firft obferved,

that

« ПредишнаНапред »