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Lawyers were the principal perfons who moved and enforced all thefe narrowing, qualifying, and apologizing amend.

ments.

Much had been already faid of the practice and ufage of office, in order to give a colour of justification for the conduct of Lord HALIFAX; the administration had called for papers and volumes of records, in order to justify their proceedings by that ufage; and Mr. PITT being in the Houfe, and a very warm advocate for the question, his administration was quoted as a fanctification of fuch ufage. It is true, that in the office-papers which were produced, there did appear to have been two fuch warrants iffued by Mr. PITT; one for the feizure of certain perfons on board a fhip going to France; the other for apprehending the Count de St. Germain, a foreigner, and fuppofed to be a fpy. These were iffued in the midst of a war with France, not for libels, but as in cafes of high treafon; and the cause justified the proceeding. "He acknowledged they were againft law; that in one of them he confulted his friend, the Attorney General at that time, (now Lord CAMDEN) who told him, the warrant would be illegal, and if he issued it he muft take the confequence; nevertheless, preferring the general safety in time of war, and public danger to every perfonal confideration, that he run the risk (as he would of his head, had that been the forfeit, upon the like motive) and did an extraordnary act, against a fufpicious foreigner juft come from France; that he was ready to anfwer it before his country, if they called him to an account; and that in his opinion, the apparent neceffity of the thing, and the real exigency of the time, muft always be the test, and alone vindicate, and be the fafeguard of any Minifter who, at a crifis, exceeds the known laws of his country."

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The Duke of Newcastle's adminiftration was quoted with more propriety. It was afferted, that his Grace had iffued an infinite number of these warrants. Though the fact was undeniable, yet such ufage could not justify what was illegal; for ufage in matters of law that are doubtful, is a good expofitor of the law; but ufage againft law is oppreffion. Therefore, the Duke of NEWCASTLE was as liable to cenfure for his conduct as Lord HALIFAX; and it must be acknowledged, that

his Grace had requested, previous to this question being fettled at the private meetings, "That no perfonal regard to him. felf might influence the conduct of his neareft relation or friend; for that he fhould be forry, if, from that tenderness of his friends to him, the future exercise of a power, which was of such confequence to the public, fhould not be prevented." But as no cenfure was intended against Lord HALIFAX, the Duke of NEWCASTLE might with great fafety make this declaration. When the Adminiftration found that no justification, no precedents, no ufage of office, would avail; that the illegality of the warrant was ftrongly and pofitively afferted by Mr. PITT, and many others; and that the Crown Lawyers did not venture to dispute it, they changed their argument, and went upon the impropriety of deciding in Parliament, a question then depending in a Court of judicature. It was affirmed, that in the cause then depending in the Court of Common Pieas, between Mr.WILKES (who then was not outlawed) and Lord HALIFAX, this great question concerning the legality of the warrant must come in iffue, as it was the great point upon which that cause must turn: the queftion being therefore a mere point of law, and clearly sub judice, it ought to be left to the free determination of the Judges, and the fenfe of a Jury, without an attempt to biafs them by a previous refolution of Parlia ment. Surely thefe gentlemen had forgot what they themselves had fo vigoroutly promoted and done in the beginning of the Seffion. While the North Briton was under profecution in the Court of King's Bench, and fome months previous to any determination being had in the Court, they took upon the confideration of the paper in Parliament, and upon the mere view of it, without enquiring into the truth of any circumstances that the author night rely upon, or the Public's opinion of his intent thereby, determined it to be a libel; and yet this is not only what great Judges efteem a mere point of law, but what by fome is held to be a very difficult point of law. They went further; for they afterwards called for evidence, in order to find out who was the author; and it appearing to them, although by witneffes not upon oath, and fome who did not know Mr. WILKES, until feveral months after the fact was

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committed, that Mr. WILKES was the author, they expelled him; after fitting and deliberating upon their conduct till half an hour after three in the morning. Now this laft is a fact which by the conftitution of this country is to be tried by a Jury. Nay, the Commons came to both thefe refolutions, whilst the fame matter was in a course of trial before a Jury in the Courts below." But this question of the illegality of the warrant was not in a courfe of determination in the Courts below. It was admitted, indeed, by the Lawyers in the Minority, that in Mr. WILKES's action against Lord HALIFAX, the queftion might come in ifiue; but there was a doubt, nay, there was an almoft certainty, that that action never would come to trial; privilege on the fide of the Secretary of State, and inability on the fide of Mr.WILKES, had hitherto prevented it, and in all probability would prevent it for ever. The fallacy of this objection being manifeft, the Minority went into the importance of the general question; they affirmed it to be of the utmost confequence to the liberty of the subject; the very effence of private and perfonal liberty depended upon it; the minds of the public were extremely agitated; and a decifion was expected, for the fatisfaction of the prefent age, and the fecurity of future times. Still the Adminiftration adhered to their principle of the impropriety of coming to any determination upon a point of law, while it was depending in the Courts of Justice. They moved therefore to adjourn the debate to that day four months. And at half an hour after five in the morning, of the 18th, the question to adjourn was put, and carried by 232 against 218.

When the debate was over, Sir JOHN PHILIPS moved the Houfe for a bill to declare General Warrants and the feizure of Papers, illegal, by an act of Parliament; except in certain cafes, and under fuch limitations, as fhould be mentioned and defcribed in the faid a. He was fupported by feveral in the Adminiftration. But the Minority opposed it; becaufe they thought a bill prepared and brought in by men in office, who had been attempting to justify their own proceedings, would undoubtedly be a prerogative bill. If a bill be at all neceffary, faid they, it should be framed by thofe who are contending for liberty, and not

by thofe who are contending to evade the difpute. The motion was therefore rejected.

The Majority by which the question of adjournment was carried, was fo fmall, that the Adminiftration may rather be faid to have had an escape, than to have obtained a victory. And some of the leaders of the Minority imagined they began to totter. These patriots now thought they had done enough to get themselves into offices; and they were afraid of attempting any thing further, left they should thereby ruin the probability of their fuppofed fuccefs: Which was one reason for their not making a fecond effort, upon a motion they had formed against the seizure of Papers, which was generally expected. That was a point of real importance to the Liberty of the fubject; and a condemnation of a practice fo horrid and illegal as the feizure of Papers undoubtedly was, would have given the most fenfible pleasure to every Englishman. But the real truth is, thefe patriots by halves only, when they were in office, were as ftrong prerogative men as those whom they now oppofed; and hoping fhortly to be in office again, they did not chufe to condemn a practice which many of them held to be both juftifiable and neceffary. So that this Minority were not fuch warm and fincere friends to Liberty as they pretended: Though they were at infinite pains, and fome expence, to make the public believe their profeffions, from their attempt to condemn General Warrants. But not a ftep would they take towards either remedying or condemning the greatest grievance, relative to papers; not an inch further would they go, although they were fure of carrying the question. If it be legal to feize papers (and fuch filence almost imports it) it is a matter of indifference to the unfortunate perfon whofe houfe is plundered for them, whether the fearch and seizure are made under the authority of a general or a particular warrant: if a general warrant will not do, a particular one may soon be had: a Secretary of State can never be many minutes in getting a Justice of Peace to iffue a warrant for him. The question is, Is fuch a practice legal? The Minority could not fay, No. Many of them are fuppofed to approve of it, in certain cafes; as in high treafon, &c. but they would neither tell the public what

dared

those cafes were, nor under what reftric- regulating the mode of collection by Extions it ought to be put. They hung out cife, fo as to fecure to the fubject their a fpecious, but deceitful, appearance of undoubted right of trials by juries; and Liberty, a kind of a will with a wifp, and to reftrain, by penalties, any abuses of the intreated the public to follow it. The Officers of Excife contrary to law. But evasion of the Habeas Corpus, and the it was carried in the negative by 166against clofe imprisonment, were wholly indefen- 120. At the time of putting this question fible, and would have afforded them moft a very confiderable part of the Minority excellent queftions. Thofe actions were were abfent. The fact is, that several of clearly against law, and therefore ought them were for this Excife; and another to have been cenfured. Perhaps, with confiderable part of them did not chufe to refpect to the warrants, their right and beft attend upon this occafion, because the way of proceeding would have been to Cyder Members had not affifted them have moved a complaint against the Se- upon the points they had fo warmly concretary himself; at least it would have tefted. To this want of union in thofe been the most conftitutional, and most be- whofe indifpenfible intereft it was to have coming the dignity of Parliament. firmly united, the Minister owed his majority upon both the General Warrants and the Excife upon Cyder. Two or three of the principals, finding themfelves duped in their expectations of getting into offices, were fo foured and chagrined by that difappointment, that they began to give over all thoughts of oppofition, and to trouble themselves no further about it. Mr. PITT totally abfented himself; and Mr. Charles Townshend, immediately upon the adjournment of the queftion upon General Warrants, went to Cambridge to oppofe Lord SANDWICH in his defign of becoming Vice Chancellor of that Univerfity. By the abfence of these two principal perfons at that critical time, the fpirit of oppofition inftantly cooled, and the Minister as fuddenly recovered his ftrength. The probability of fuccefs being now further removed than ever, they began to break with one another; and every man became jealous of his friend being either reconciled to the Minister, or fome way or other making his peace at St. James's, before himself. In a few weeks, defertion and diffatisfaction prevailed throughout the whole party : fo that when the public bufinefs came on, that is, the plan of fupplies, which every oppofition has always thought itself bound to oppofe, they were almoft totally filent; which gave to the Minifter fuch a manifeft appearance of fuperiority, that it had a wonderful effect upon what are called the Flying Squadron, à confiderable part of whom had joined the Minority upon the late probability of success from that quarter: they were now fo thoroughly convinced of their error, that they returned to the court with vows of the X x X

The object of both parties, not half a dozen excepted, in fupporting and oppofing the determination of this question, relative to General Warrants, were, fingly and exclusively, the emoluments of office one to remain in poffeffion of what they enjoyed, and the other to feize those benefits for themselves.—In no age, except that which produced the deftruc. tion of the Roman Liberty, were venality and corruption fo prevalent as at this time in Britain. Thofe very few, who are really honeft, and are in a fituation of viewing the fcandalous tranfactions of the majority of the Great, cannot help looking with horror and deteftation upon two bodies of men regulating their whole conduct by the fingle rule of intereft; plundering, or withing to plunder, an oppreffed, distracted and exhaufted country; and covering, or attempting to cover, their bafe defigns, with the molt folemn proteftations of love for the public, and claiming the title of Patriots; a title which was formerly more honourable than any which a court could bestow, but which their repeated perfidy has now brought to contempt and reproach.

The fecond great point of oppofition was the excife upon cyder. Upon the motion to renew the tax, an attempt was made to introduce “alterations and amendments;" but upon the question being put, it was carried in the negative, by 167 against 125. Then it was argued, and infifted upon, that an appeal to juries was neceffary; and would remove an effential part of the fubjects complaints. Accordingly on the 8th of March, 1764, a motion was made for September, 1766.

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moit faithful attachment. The feffion, therefore, ended without any further efforts of the Minority.

Bufinels being finished, and the Adminiftration now in the meridian of their power, and, in their own idea, firm; and immoveable, they refolved to chaitife fome of their military enemies, who had dared to oppofe them upon those questions which fo eminently threatened their diffolution. The first of thefe, whom they thought proper to mark for punishment, was General CONWAY. He had a regiment, and was moreover a Groom of the Bedchamber to the King; the former was taken from him, and from the latter he was difimiled. This conduct inftantly created an alarm, (fee Magazine for 1764, p. 195.) It was confidered by the Public as an attempt to deftroy the freedom and independency of Parliament; and by the Officers of the army as a peculiar hardship, and a difgrace to their profeffion, no reason being affigned for the Generai's difgrace. It moft flacken the zeal of Officers (faid one of General Conway's friends) when they fee that, after a life fpent in the fervice, they are liable to be turned adrift, to fatisfy the vengeance of Minifters, and for caufes no way connected with the profeffion. It affects the honour of Officers, as it inclines men without doors to fufpect that they act under fear of losing their employments. It indifpofes their countrymen to chufe them into Parliament, as an officer can no longer be fuppofed a free Agent. The Public is hurt, if the rights of Parliament are violated, and if punishment, which is only due to crimes, is inflicted on incorruptible honefty and confcientious virtue. It is hurt, if Minifters revenge their own animofities on the fervants of the King and the Nation, and if they in effect declare, that to defend the liberties of the people, fubjects the guardians of thofe liberties to profcriptio ■.

Thefe dumtions (continued he) have fometimes been exercifed against men who have been forward in oppofition, as in the cafes of the Duke of Bolton, the Lords Weftmoreland and Cobham. But General CONWAY'S Conduct was very different from hat of those noble Lords; they were fixed and determined oponents to the then Minifter; he was enlifted in no Oppofition, and upon the report being

propagated that he was, he declared to a Minister, before witness," that he was not, nor intended to be engaged in oppofition." He gave but one vote against the Minitter; for he voted with the Majority upon every queftion against Mr. WILKES, and was feveral times up to speak, though never pointed to. He likewife voted with the Miniftry upon the Excife, and every other question throughout the whole ferfion, except the fingle affair of the Warrants. This difmiffion was therefore fingular, and could not fail exciting very strong remarks. But whether the clamour raised by it, and the apparent disgust with which it was received by the army, or whether the Administration thought this example fufficient to fix their wavering friends, or what other caufes prevented a number of other difimiffions of the like kind, certain it is, they were not made, although they had been threatened.

This inftance of difmiffing General CONWAY was not the first which the Adminiftration had fhewn to the Public, and the army, of their refolution to punish difobedience. General ACOURT had been difmiffed fome time before: he had voted against the peace, and, as the ministerial writers faid, had refused to obey an order from the Secretary at War, to difmifs a private foldier.

No caufe being affigned for either of thefe difmiffions, they molt certainly deferved, and for the honour of the conftitution, as well as of the army, strongly required a parliamentary examination And with refpect to the cafe of General ACOURT, one gentleman of the Minority propofed making a motion of that kind, but when he came to mention it to his colleagues, he found them fo backward, and fo fearful of becoming offenfive to St. James's, that he faw he fhould not be fupported, therefore it was laid afide *.

NOTE.

The

* Mr. Webb, who had fworn in the trial between Mr. Wilkes and Mr. Wood, that while in Mr. Wilkes's houfe be bad no key in his hand, (or fomething to that effect) was indicted for Perjury by the Grand Jury of Middlelex, and tried before Lord Mansfield, at WeftminsterHall, when the jury, after staying out a confiderable time, at length acquitted

The cafe of Mr. WILKES furnishing the Minority with feveral important conftitutional questions, fome gentlemen of character early in the preceding winter propofed to the party a fcheme of affociation, the purpose of which was to keep their friends together, and to give them the pleature of meeting and converfing with each other. The idea was approved by fome of the Minority; and a tavern in Albemarle-ftreet, was fixed upon for the place of meeting. A fubfcription was opened to pay the neceffary expences, and all fubfcribers were members of the Club, which was formed under certain regulations. No political business of any kind was meant to be tranfacted at any of the meetings. The inftitution was fingly to preferve union; and the number of the Members amounted to

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him. Two of the witneffes, on this occafion, were, Kearfly, the original publifher of the North Briton, and Williams, who had re-published the fame in volumes. Profecutions were carried on against them for thefe offences, and they were both found guilty. The former fled for fome time, but at length furrendered; and in confequence of his having originally ferved government, was pardoned and the actions which he had brought against the Meffengers, and others, for feizing and detaining his papers and accompt books were entirely withdrawn. But the latter was fined one hundred pounds, imprisoned eight months, and fet in a pillory: this laft part of the fentence, was fo far from proving a difgrace, that it was converted into public triumph for people gathered round the pillory in fuch aftonishing numbers, and by words and emblems and rewarding the culprit with a fum of money collected from the people prefent, fhewed fuch a strong deteftation of fome of the principal perfons fuppofed to manage the arcana of State, that the pillory will fcarcely again become an engine for the intended punishment of public Libels,

During the fummer the Minority fuffered a confiderable lofs in the death of the Duke of DEVONSHIRE. His Grace had never been either vigorous or forward in oppofition; but his character was amiable, and his name was therefore ferviceable; he had great intereft, and he kept feveral from deferting. In the fpring Mr. LEGGE died: but his moderation, and more particularly his long illneis, which had confined him for fome time, prevented his lofs being so severely felt by the party.

The Adminiftration having recovered their loft ftrength, and compleatly triumphed over their enemies, confidered themselves as fecure for life. And fo firmly perfuaded were fome of the Minority of the probability of this truth, that, thinking their prudential part was on the fide of the Miniftry, feveral of them went over to the Court. The most diftinguished of thefe was the Hon. Mr. YORKE, the late Attorney-general; who had refigned that employment when a different opinion prevailed. He now returned to St. James's, and accepted of a patent of precedence. He had acted fo very even a part, that it is difficult to fay, whether any party were ferved or injured, by the acquifition or lofs.

But the Administration were ruined by their own victories: for fo high a fenfe did they entertain of their strength, union, and firmnefs, that they appre hended nothing could difplace them, When this idea had prevailed a short time amongst them, the Earl of BUTE returned from Bedfordshire; the profcription carried on against him was remitted, and he refumed his influence in the Court. To this re-admiffion of the Favourite, the Adminiftration owe their ruin. During his abfence they gathered ftrength, and had acquired all the appearance of permanency. Soon after his return, they were weakened; and as it were in revenge of the ill treatment he had received, the ftate was obviously threatened with another revolution. But the difficulty of obtaining a fet of minifters to his purpose, prevented for the prefent another negotiation being opened. There was but one fet of men whom he preferred to the fubfifting Administration, and thefe he had tried without fuccefs. Neceffity therefore obliged him to fuffer them to remain, because he could get ne X X X 2

other.

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