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ately weigh the confequences, that muft inevitably follow, and he flattered himself, he would be of opinion that the Houfe ought either to adopt the motion then under confideration, or order a new writ to be iffued.

The Chancellor of the Exchequer role the inftant Mr. Fox fat down, and faid, though the honorable gentleman had began with laying in his claim to the right of being heard as laft fpeaker, in a debate upon a caufe in which he was himself a party, and in which, according to the ftanding orders of the House, he had no right to have been heard at all, he must trouble the Houfe with a few fhort obfervations, in confequence of the inflammatory affertions with which the honourable gentleman had chofen to load a fpeech of fome hours continuance. And he would first begin with reading the standing order, which directs, that no Member, having a Petition delivered against him complaining of an undue return, hall be allowed to remain in the Houfe, while any debate is going on upon the fubject of fuch Petition. Inftead of comply ing with this standing order, Mr. Pitt obferved, that the honorable gentleman had rifen again and again to speak to the Weftminfter election, thus taking advantage of his having accidentally the right to fit in the House as Member for the borough of Kirkwall. Before the House suffered itfelf to receive any impreffion from the violent and grofs affertions, and from the charges of the blackest nature, which the Right Hon. Gentleman had been fo hardy as to urge directly against Government, he trufted the candour of every impartial man' would expect fome proof of the truth of any one of them, without good and fufficient instances of which, it would, he believed, be a little difficult for the Hon. Gentleman to refcue his own character, even, from the imputation of foul flander and of calumny. It was not the Right Hon. Gentleman's charge that would brand the government of the country with injuftice, it was not his endeavors to excite popular clamour, and to challenge the compaffion of the public, by aiming to appear the object of the most unexampled minifterial perfecution, that would anfwer his ends, unlefs that charge, and those endeavors, were fully fubftantiated. Let him bring evidence of the facts he had alledged, and let Government incur the difgrace, it would in that cafe deservedly be ftamped with. Accufations, fuch as the honourable gentleman had thrown out at random, and with a degree of wantonVOL. VI. June 1784.

nefs no lefs wicked than ill-judged and injurious, were not light accufations: they were of a deep and serious nature, amounting to no less than an unqualified charge, of having employed a Westminster Magiftrate, and the civil power acting under him, firft in breaking the peace, and encouraging riots, and next in perpetrating the crime of murder, and afterwards in the fubornation of perjury to prove that murder on innocent men, and on refpectable individuals. [Mr. Fox exclaimed acrofs the Houfe-I never faid fo!] The Right Hon. Gentleman had alfo faid, the ftrong hand of Government was obvious throughout the bufinefs; if this were true, let the charge be brought and the fact established; he trusted the hand of Government would never be fo ftrong, as to enable it to avert any accufation of guilt that was founded, but that when its criminality was fubftantiated, the merited odium and difgrace would fall on its head; on the other hand, he trufted, that Government would never be fo weak, as to be shaken by affertions without proof, and charges unfustained by evidence; the Hon. Gentleman had been profufe of his advice to Government, not to be his perfecutors; fuch advice was neither neceffary, nor afked for; Minifters knew too well, that the only way to weaken and debafe their own reputation, and to ftrengthen and exalt that of the Hon. Gentleman, was to render him the object of their perfecution. Indeed he wondered not at the Hon. Gentleman's zeal and eagernefs to hold himself out to the world as the object of minifterial perfecution; it was well worth his while to appear as that object; nay, he had no doubt but the Hon. Gentleman would go great lengths, perhaps confent to suffer martyrdom itself, for the obtainment of that, which every body muft know would be the price of his canonization, viz. the being reftored to that rank in the esteem of the public, which he had loft by his deteftable conduct in politics, thereby forfeiting at once the popular opinion, and every portion of popular confidence. Having put this very strongly, and followed it up with fome other remarks equally pointed and perfonal, Mr. Pitt reminded the Houfe, that it would have been much more for the eafe and convenience of Administration, to have let Mr. Fox take his feat quietly for Weftminster; and this conduct, common fenfe fhewed, that they would have adopted, had they been more inclined to confult their own accommodation, than the just rights of the electors of Weftminfter, and the true purposes of sub

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ftantial justice. He next proceeded to make
a few obfervations on the cafe immediately
under the confideration of the Houfe. He
entered into an examination of different
parts of the evidence that had been heard
at the bar, and faid, the anfwers which
had been given to the queftions put to the
witneffes on their crofs examination, by the
Hon. Gentleman himself, afforded him
fufficient reafon to confider the High Bailiff
as having acted in the only way in which
he could have acted, confonantly with a
confcientious difcharge of his duty, and
in due obedience to his oath. He examin-
ed the reafoning that had been advanced in
the courfe of the debate, as grounded upon
the feveral ftatutes that had been alluded to
by different gentlemen in their arguments,
and contended, that the conclufion that
had been drawn was not fuch as the premi-
fes had warranted. He played upon an ex-
preffion of Mr. Powys, who had talked
of his whimfical opinions, and declared,
that the Hon. Gentleman had never held a,
nore whimsical opinion, than the opinion
he had delivered in the courfe of his speech.
He ridiculed the idea of any danger arifing
from the precedent that would grow out of
the prefent cafe, if the Houfe thould direct
the High Bailiff to proceed with the feru-
tiny, becaufe, he faid, whenever a return-
ing officer did not comply with the exigen-
cy of the writ, the Houfe of Commons
would call upon him for his reafons for not
having obeyed it; and unlefs he could
affign very good reafons for his conduct,
he would be very feverely punished for it.
He put a cafe hypothetically, if a profligate
candidate, whofe principles were detefted
by the people, fhould ftand for Weftmin-
fter, and at the beginning fhould cram the
poll fo faft as to render it impoffible for the
High Bailiff to fcrutinize the votes as the
poll proceeded, and after fuch candidate
had obtained his end, fo far as to get fome
thousands on the poll, he fhould then adopt
procrastinating meafures, and delay the
poll by feeding it, as it was called, with
one vote or two in an hour, till it was pro-
longed to the very day preceding the return
of the writ, and by that means prevent
the poffibility of a fcrutiny, any candidate
of that defcription might procure his return
against the real fenfe of the legal voters.
In fuch cafe, therefore, there would be a
manifeft abuse of the right of election,
and as the cafe, though he had put it hy-
pothetically, was certainly practicable, and
might happen, it was evident a new law
was neceffary to regulate the poll, and fo
to limit its duration, as to give the Bailiff

time, not only to take the poll, but even to begin and end a fcrutiny, if neceflary, before the return of the writ. That the bringing in the bill for that purpose on the fpur of the prefent occafion, would be an injuftice to the electors of Weftminster, was a doctrine that he could not fubfcribe to. When were new laws to be made, but when their neceflity was evinced by recent circumftances of inconvenience? Mr. Pitt added a great variety of other arguments, and concluded with giving his negative to the queftion.

Mr. Fox rofe to explain. He faid the Chancellor of the Exchequer had mifreprefented him, no doubt because he mifunderfood him; but as it was on a point of nicety, he was extremely defirous of being neither mifunderftood nor mifreprefented. He had not charged a Westminster Magiftrate with having employed perfons acting under his authority to raise a riot, in confequence of which murder was com→ mitted, nor with having fuborned witneffet to charge innocent men with having per petrated that crime. His opinion of the matter far exceeded what he had said upon the fubject; he had, however, faid ng more than had been proved on oath i court, and delivered by the Judge to the Jury in his charge, and that was, that the civil power employed under a Westminster Magiftrate, who had been called in, and whole duty it was to preferve the peace and prevent diforder, had commenced a riot, and in that riot a man had loft his life, and innocent men had been put upon their trial for the murder.

Mr. Sheridan rofe to make a very few remarks on the Right Hon. Gentleman's fpeech. He condemned Mr. Pitt's reafoning as futile and abfurd. He complained of Mr. Pitt's having ufed his Right Hon. friend unhandsomely, in talking of a candidate whofe political principles had rendered him deteftable to the people. Such language might be allowable in the mouth of a new member, juft come from his conflituents, who had filled his ears with expreffions of that grofs and vulgar nature; but from the Right Hon. Gentleman, who muft know that nothing but the heat and paffion of the times could excufe fuch phrafes being ufed by any gentleman, it furely was highly unjuftifiable. Befides, the Right Hon. Gentleman he was perfuaded, was not fincere in his words; "he muft have both a perfonal and a political confidence in his Right Hon. friend, or he muft either be infincere in what he then said, or in what he had faid on a former occafion.

Let

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Let the Houfe recolle that the Right Hon. Gentleman had courted an union with his Right Hon. friend a few months fince, and had profeffed himfelf extremely defirous of effecting fuch a junction. Mr. Sheridan faid, he was aware the Right Hon. Gentle man had put his cafe hypothetically; but he had done it fo pointedly, that every perfon must have known who he meant. The Chancellor of the Exchequer faid, he never ufed the words alluded to; that he had put a fuppofed cafe, and the honourable gentleman might apply it to whom he pleafed, but to fave him the trouble, he would in two words put a real cafe. It was true, that he had fome few months face profefled himself willing to unite with the Right Hon. Gentleman oppofite to him, and he was at the time fincerely defirous of effecting that union, in order to put an end to the diftracted state of the country. But he declared he had courted that union, with a defire to eltablish it on a fyftem, that had a view to enable him effectualiv to counteract those principles of the Right Hon. Gentleman, that had become obnoxious to the people, and had excited their deteftation.

The queftion was put, and the Houfe divided upon it,

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195 Majority78

As foon as the Houfe was resumed, Lord Mulgrave_role, and after a thort fpeech moved, "That the High Bailiff of the City of Westminster do proceed in "the fcrutiny for the faid City, with all practical dispatch."

Mr. Fox oppofed this ftrenuously, as a

motion the Houte was not bound to come to, and as a question that called neceflarily for a confiderable fhare of difcuffion, before gentlemen could poffibly make up their minds upon it, fo as to decide whether it ought to pafs or not.

Mr. Lee followed Mr. Fox with fimilar arguments. Mr. Lee alfo much doubted the legality of the Houfe's coming into any fuch decifion, fince it was interfering by one of their orders with the duty of the High Bailiff, who acted under a different authority. Mr. Lee concluded with moving a question of adjournment.

Mr. Fox feconded this motion, and called upon his friends for fupport in oppofing the original motion.

Sir Thomas Davenport deprecated the original motion. He faid either the High Bailiff poffeffed a legal authority for his conduct as a returning officer, or he did

not.

If he was vefted with a legal authority, he ought to be left in the undisturbed exercife of it.

Mr. Solicitor General faid, the whole amount of the original motion was nothing more than an inftruction from the chair to expedite the butineis of the fcrutiny.

Mr. Burke role to reprobate the conduct of the Houfe which he complained of as ftrangely inconfiftent. It reminded him of the caprice of a female, who was obliging to diferent gentlemen over night, and forgot on whom the had bcftowed her favours next morning. In like manner, the Houfe had fpent a whole day and night in establishing the doctrine that the High Bailiff poffeffed a difcretion, and now they were going to vote a refolution to put an end to that difcretion completely. The ftrength of this contradictory conduct excite the indignation of Mr. Burke, and betrayed him into ra ther a vehement tone of expreffion; which gave fome difpleature to the Treafury Bench, who faid fomething, that Mr. Burke did not relish, as he fat down with faying, he little minded the ill treatment of a parcel of boys.

This occafioned a call to order, when

Mr. Dundas rofe, and calmed the riting form, by a very friendly and rational appeal to Mr. Burke's good fenfe, whether a new Parliament could be expected to bear abufe with patience, er to endure their being called a parcel of boys.

Mr. Burke rofe, as collected and placid, as he had fat down indignant, and in a gentle and winning way, apologized for his vehemence, declaring that he felt the utmost respect for the Houfe; that he knew every thing depended on the Brinth Houfe of Commons, and he was ready to bow down to any cenfure the Houfe might think proper to beftow on him, but that when he used the term, a parcel of boys, he meant to apply it to the miniftry, who, he conceived, were infulting him with their triumph; a triumph, which grey hairs ought to be allowed the privilege of expreffing difpleafure at, when it was founded in the rafh exultation of mere boys. After more debate, the House divided on the queftion of adjournment,

Ayes-90

Noes--178

The main queftion then paffed. The High Bailiff was then called in, and Mr. Speaker acquainted him with the faid refolution.

At half after Two o'clock in the morning, the Houfe adjourned to Thurfday. Kkk 2

HOUSE of LORD S.
Thursday, June 10.

No Debate.

HOUSE of

ORDNANCE ESTIMATES.

Capt. James Luttrell, as Surveyor General of the Ordnance, moved the Supply for the Ordnance fervice of the prefent year, amounting to 810,6991.-He la

COMMON S. mented that the heavy debt on the OrdThursday, June 10.

The first order of the day being read for the Houfe to ballot for a Committee on the Ipfwich Election, the Speaker kept the chair till half past three o'clock, when only fixty Members being prefent, the Houfe adjourned.

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NOMINEES.

Sir G. Howard, for Sitting Member,
John Strut, Efq. for Petitioner.

Sir William Lemon made a Report to the Houfe of Commons from the Committee appointed to try the Pontefract Petition,

"That Mr. Smith was duly elected." "That Mr. Southern was duly elected." The faid Refolutions were ordered to be entered upon the journals.

A new writ was moved for Monmouth, in the room of John Hanbury, deceased. And alfo,

A new writ for St. Mawes, in the room of Lord Nugent, who has accepted the three Chiltern Hundreds.

PARLIAMENTARY REFORM.

Mr. Sawbridge rofe to make his motion for a Parliamentary Reform, but Mr. Wilberforce, as a friend to the motion, wifhing it might be put off till next week, he confented; and gave notice that he would bring it in on next Wednesday.

The Houfe then refolved itself into a Committee of Supply, Mr. Gilbert in the chair.

nance, occafioned every year a confiderable lofs to the public, because it created a difcount of 28 per cent. on the bills with which the officers of the board went to market: fo that if the debt could be paid off, and it would certainly be the intereft of the nation that it fhould be paid fpeedily, and that the board could buy with ready money, there would be a faving to the public of 28 per cent. on all the articles purchased for Ordnance service.

After fome converfation refpecting the fums laid out in fortifications the money was voted, and the House being resumed. adjourned to Monday.

HOUSE of LORD S.
Monday, June 14.

Paffed the American Trade Bill. No debate. Adjourned till to-morrow.

HOUSE of COMMONS.
Monday, June 14.

Mr. Gilbert reported the Refolutions come to in the Committee of Supply on Friday laft, viz.

181,1411. 6s. 4d. granted to his Majefty, for defraying the Expence of Services, performed by the Office of Ordnance for the Land Service, and not provided for in the year 1783.

429,0081. 25. 7d. for the Charge of the Office of Ordnance for the Land Service for 1784.

4000l. os. od. to the Governor and Company of Merchants trading to the Levant Seas-and

3000l. os. od. to the Trustees of the British Mufeum.

Mr. Lethieullier having made his Election for Andover,

A new Writ was moved for Midhurft.

The House in a Committee of Supply. The Secretary at War moved, the army eftimates.

Mr. Rofe of the Treafury then made feveral motions for fums to repay to the finking fund, like fums advanced from that fund, to make up deficiencies in the produce of taxes. The different motions paffed without any difficulty.

REMON.

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Mr. Burke then role. He began by modeftly faying that he had undertaken a tafk, to which he knew his abilities were not equal; but in fo doing, he felt that he differed not from the rest of mankind, who feeing an occafion for a great exertion of humanity, followed the impulfe of their feelings, without being deterred by the confideration, that their exertion would be to no purpofe. He declared that in what he was about to do, he acted folely from himself, without having confulted any man upon earth: the question therefore that he intended to propofe, ought not to be confidered as a party question; it was exclufively his own; and therefore there would be no caufe for triumph, if it fhould be rejected, as it was the measure of an inconfiderable individual; and as he was refolved to conform to the fenfe of the Houfe, he would not call for a divifion, if the should find his propofition was not univerfally approved.

times the duty of the better informed, and
more enlightened part of the community,
appeared that the people were deceived, or
to refift the fenfe of the people, when it
miled. For his part he did not think
that the wifer part of the public approved
of the diffolution of the late Parliament,
or difapproved of the meafures which
avowedly were the occafion of that event:
the people in his opinion, might be divid-
ed into three claffes, one compofed of per-
fons who, dazzled with the luftre of the
think that Government may be in the
Crown, can never bring themselves to
wrong, they were the political high flyers,
who made it a point to fupport the Crown
a tort et a travers: this clafs, he said,
was very numerous; and in it, he was
forry to add, were to be found many very
refpectable characters. In the fecond
clafs, he placed thofe wno, the fworn enc-
mies to the Crown, were ever ready to fall
upon the Houfe of Commons, because they
onal guardians and defenders of that fpe-
cies of monarchy which in this country
had ever been thought neceffary for the
well-being of government. Thefe two
bodies of men, he faid, generally united
in running down the House of Commons,
though with the moft oppofite views.
The third clafs confifted of all thofe per-
fons who did not enter into the other two;
they were the moderate and impartial,
who, alike friends to the Crown, and to
wifhed to maintain both in the full enjoy-
the democratic part of the conftitution,
ment of their respective prerogatives and
privileges. Of thefe he would not hesitate
hand with the late Houfe of Commons;
to fay, full three-fourths went heart and
the other fourth part, he believed, had
been driven by mifrepresentations into a
confederacy with two claffes of men,
lovers of abfolute monarchy, and the
whofe principles they equally detefted, the
chy. He trufted, indeed, that many of
fworn enemies of every fpecies of monar-
them had lately been undeceived; it was
the duty of the Houfe of Commons to
which they expofed their liberties, through
warn the remainder of the dangers to
the delufion under which they acted. He
feared there was a fettled plan to destroy,
of the Houfe of Commons. Doctrines,
not the form, but the effence and efficacy
big with danger to the conftitution, had
been broached within the last two years,
firft by a noble Lord who was at the head
of the Adminiftration before the last (the
Earl of Shelburne) and lately revived by

conceived that Houfe to be the conftituti

At this time of day, he obferved, the question might not appear of very great confequence to fome gentlemen; but to him it appeared to be of fo great a magnitude, that it occupied his whole mind; and he was not afhamed to fay that his foul was full of it: a Parliament had been fentenced, condemned and executed, and no notice had yet been taken of fo great and extraordinary an event! If the meaneft fubject in the land had died fuddenly, or by violent means, an inqueft would have taken cognizance of the cafe, and enquired into the causes of his death: but the Parliament of Great Britain had been put to a violent death; and no Coroner had yet held an inqueft on the body! No enquiry had been made whether it had been felo de fe, or jure cafus! Did the people then think the fudden death of Parliament was a fubject too trifling for enquiry? Or did they think that all which might have been apprehended from fuch a death, had perished with the Parliament? He feared alas! that the fatal confequences of it, would long furvive it, and be entailed on future Parliaments.-Much had been faid of the fenfe of the people as the grounds on which Minifters might reft their defence of the late diffolution; and on this head he was ready to confefs that the fenfe of the people, however, erroneous at times, must always govern the lea giflature of this country; but it was difficult to collect that fenfe; and it was fome

the

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