can assure the House, from good autho- | to the defect of the warrant, I shall not rity, that the recognizance will be re- dwell upon that, though J. Miller singly turned into court; the magistrate is bound is not sufficiently descriptive of the perby his oath so to do; and if he should not son; so that another man is as liable to do his duty, an information will lie against be taken up as J. Miller. Are these prohim in the court of King's-bench, and the ceedings likely to put a stop to the printprosecutor for the assault will have his ing of your debates, the offence complained action against him, if he does not return of? No, they still continue to do that which it. Then I would advise you to give, at you are offended at, and by such proceed. least, a caution to your messenger Wil-ings as these you will always provoke them liam Witham. He will be taken up, to do it. The honourable gentleman who brought before the court, and committed. brought the House this occasion to discuss Where is your authority then? It will be their privileges, formerly brought to your at the sessions or assizes, when perhaps bar a milkman for pasting up against a the House will not be sitting. If he does post in the street the speech of Oliver not conform to law, he will be outlawed; Cromwell. I wish these proceedings may you and your privilege will be outlawed; not produce you another Oliver Cromwell, and the contempt will be thrown back a copy of the last. upon us: and I dare say that court will also, in return, order the entry you made in the lord mayor's clerk's book, to be erased out, as the proceedings of this House. So, and in such kind, will the law return you like for like. This will be a fine contest! Where will be the dignity of your proceedings, and the honour of this House? They will both be in limbo. Then, Commons, exert your authority: go and keep up your privilege from being held in contempt. Make out a summons for Wheble, for Thompson, for Miller, and Evans; then see what force your warrant to apprehend will have: you will find as easily another magistrate to commit; and so toties quoties this will be the case. The law of the land will find, as the hydra does heads, fresh support; and, I trust in God, the people are strong enough, with the law of the land on their side, to withstand any arbitrary strides of privilege made into their rights. As to the proclamation, there never was so absurd and unlawful an instrument; not even stating the crime, or any one re quisite to make it in the least legal. For where (as in the privilege of the House of Commons) law is not, there can be no offence against law. Now I will consider the erasing of the record in the minute book of the lord mayor, by order of the House, as an act of the most dangerous kind, and, as I said, totally ineffectual to their intended purpose; for the recognizance will still be returned by that worthy magistrate: he has acted according to his oath and his conscience; and I trust, that, as an honest man's the noblest work of God," by doing that which, according to his judgment, is agreeable to law, he will always preserve that character. As [VOL. XVII. ] An honourable and learned gentleman, the other night, asked how the magistrates would treat the tipstaff of the King's bench? Would they commit him? I answer him, that a complaint of any person so arrested was never yet made; that when it shall be made, I dare say they will, as by their charter and the law of the land, they may now think themselves fully authorised. A blot is no blot till it is hit; and when it is so, it stains deep. An hon. member on the bench opposite me asked, How, if you have no power to punish for contempt, are you to impeach a minister? I answer; by an address to the crown, who will order him, as a servant of the crown, to be brought to your bar. But if the hon. gentleman will bring the fact, I wiil take care to bring the form. I have now done, and shall only express to the House my great concern for the continual distress that attends this country. It seems decreed by fate to be subject to nothing but distress and grief; and as I might have been disorderly in not turning myself to the Chair when I spoke a sentence of Latin, I will conclude and compliment the Chair with Greek: Ο Ποποι, ή μέγα τινός Αχαιάδα γαιαν ίκανοι. I therefore put in my hearty dissent to this question. The House divided. The Yeas went pointed, to examine into the several facts and circumstances relative to the late obstructions to the execution of the orders of this House; and to consider what further proceedings may be requisite to enforce a due obedience thereto; and that they do report, their proceedings, together with their opinion, from time to time, to the House;" for which a ballot was ordered on the following day. March 28. Mr. Charles Fox complained to the House, that the mob in Palace Yard had insulted him, breaking the glasses of his chariot, and pelting him with oranges, stones, &c. He said this was owing to the manner in which they had been attempted to be dispersed the day before the sheriffs, and gentlemen who went among them having used gentle methods of persuading them to disperse, telling them that what they did would hurt my lord mayor, and that it was his desire they should go away; and that they ought to have used compulsive methods, as it was evident that other means would only tempt them to return again on every other occasion; that this was verified by what had happened this day, he not only having been insulted, but even the King going to the House of Lords. The Sheriffs, in their defence, acknow. ledged that they had used lenient methods to persuade the mob to disperse; but they had also taken other precautions, ordering an additional number of fifty or sixty constables, and sending to the city for further That they had also threatened the people with the laws. That on those endeavours they had in a great measure dispersed, as was apparent by the House proceeding to business. assistance. Lord North said, he thought the sheriffs had acted properly in what they had done, and should have no objection in testifying it; but at present the House had another business before them. He therefore moved for the order of the day. As the conduct of the sheriffs had in some measure been arraigned, it seemed necessary to many gentlemen, that they should receive the approbation of the House; most of those who spoke, even of the ministry, having given their testimony accordingly; as, if the affair dropped here, it would appear as if the House thought some censure necessary. General Conway, the Advocate of Scotland, and several of the ministry joined in this; but the other gentlemen in administration opposed | it, because it did not appear that the mob was effectually dispersed: that the sheriffs had done no more than their duty in attempting to disperse them; and that their manner of doing it was but a slight compliment to the House. On the question for the order of the day there were 75 against 31. The order of the day was then read for the House to ballot for the Secret Committee. Mr. Dowdeswell opposed it. He said, that not being in the House when the motion was made, he had lost an opportunity to say any thing against it, but now he was utterly against it: that he feared, by the methods taken in nominating this Committee, that some extraordinary step was to be taken by it, the introduction of some new measure, which at the late time of the session it was improper to bring on, many gentlemen being about to leave town. But no person joining in opposi tion, the House proceeded to the order of the day. The House then proceeded to the bal loting for the 21 Secret Committee. This was done by every member dropping into a glass urn, a list of 21 gentlemen. The following is a list of the persons chosen: The Right Hon. Welbore Ellis Mr. Solicitor General 125 125 123 118 118 Right Hon. Sir Gilbert Elliot, bart. 117 114 114 112 111 111 111 107 Rt. Hon. Lord G. Sackville Germain 107 Sir Roger Newdigate, bart. 107 106 105 104 102 101 99 the peace would be short; and that the lottery was an iniquitous project to bribe the servants of the public to betray their trust, with the public money, as it would put 150,000l. into the pockets of the subscribers, whom the ministry had it in their power to select. April 11. The debate was resumed; and Mr. Cornwall, after proving the gain to subscribers, and observing that the subscription was not to be public but private, or, in other words, that none were to be subscribers but those whom the ministry were desirous to corrupt, said, that he hoped the members of the House of Commons would be excluded, as the distribution of 150,000l. among them, without the restraint of a place which made a new election necessary, might produce consequences very dangerous to the public. Lord North replied, that he would not exclude members of parliament from joining in the subscription; and that it was absurd, in the highest degree, to suppose that any member would sell his conscience or his country for a sum, which he might gain by subscribing to lottery-tickets. Lord North opened his budget. In the course of his speech he observed, that our dispute with Spain had been concluded very much to our advantage and honour; that it had been disputed which nation should first disarm; and that, as Spain had been the aggressor, he thought it reasonable that she should pay the compliment. When this should be done, he said, it would remain to be considered, how we might disarm, so as to keep a respectable force on the one hand, and act consistently with the economy necessary to the establishment on the other. He observed, that we had then 51 ships of the line, 54 frigates in commission, besides 190 tenders and sloops in pay; and said, that in time of peace he thought it would be better to pay off some part of the public debt, that, upon a future emergency, they might be able to borrow more money, without the danger of making the load too heavy to be borne, than to expend any sums not absolutely necessary for repairs or other purposes. Upon this occasion he declared, that he had always thought the reduction of the land-tax to 3s. in the pound a bad measure; but said, that, in justice to the landed gentlemen, who had so readily concurred in the present increase of a shilling, he would promise to move for its being taken off the next year, if, before that time, there should be no war, and he should then be in power. He observed, that the annual revenue was five millions, with which, and a vote of credit, a war might be carried on one year without a loan; and, consequently, that, in time of peace, this sum would enable administration, annually, to pay off a considerable part of the debt. "Trade," said he,flourishes in all parts of the kingdom; the American disputes are settled; and there is nothing to interrupt the peace and prosperity of the nation, but the discontents which a desperate faction is fomenting, by the basest falshoods, and with the most iniquitous views." These, he said, would naturally subside: every day would shew, that they were ill-grounded; a little firmness in the ministry being all that was necessary, to give the good sense of the people time to discover, who were their friends, and who their enemies. Messrs. Dowdeswell, Burke, Barré, and Cornwall, declaimed against him with great vehemence; and took their revenge, for his charge against them, by menaces and invective. They said, that, notwithstanding the glosses of the ministry, it was manifest Mr. Cornwall said, that, if the members of the House were to be admitted as subscribers, he would the next year call for an enquiry who they were that had availed themselves of the advantage, that such measures might be prevented for the future: "For," said he, "whatever flourish may be made about the integrity of the members of this House, or however inconsiderable the advantage of subscription to lottery-tickets may be represented, a minister, who has it in his power to make every year a lottery highly advan tageous to the subscribers, and to give members of this House 500 tickets, can certainly bestow what is equivalent to a pension, held during pleasure, for the worst purposes, without possibility of detection." Shoreham Voters incapacitating Bill.] April 11. The House proceeded upon the Bill for incapacitating the Shoreham voters. A diversity of opinions immedi ately arose. The preamble of the Bill set forth, that such men were members of a club, called The Christian Club.' This was alledged to be no specific charge against them; that at least the preamble should set forth the intentions and tendency of that club; that if this club had been instituted solely with a view of selling the borough, it ought to be proved that they had done so; that this was a bill of pains and penalties, and therefore strict proof ought to be had of the crime, and that it was a crime of that nature that could be punished no where else: this party wished to put it off for two months. Some were of opinion, that the charge in the preamble was sufficient, it being that of a conspiracy against the constitution, and of the most dangerous kind, as masked in such a manner as screened them from punishment at common law; that if nothing was done against them, it would be ruining the credit of the late election act, as it would appear to establish bribery by act of parliament; for if the committee by whom the cause was tried, only inform the House of the facts; and if the House did not punish on such information, returning officers and electors would see they had nothing to fear, and be more open in their future deeds. Others were of opinion, that the preamble was defective, though the Bill ought to be gone on with, and therefore moved to proceed in it on Wednesday next. The House divided: the Yeas went forth. Tellers. Alderman Townshend YEAS Mr. Dempster NOES Mr. Fitzpatrick Mr. Charles Fox } 6 So it was resolved in the affirmative. April 17. Counsel were heard against the Bill for incapacitating the Christian Club at Shoreham. It was alledged against the Bill, that bills of pains and penalties, being an innovation on the law of the land, and not including every person, ought never to be passed but on the most essential points, when the necessity was urgent, the danger great, or the cause of the utmost importance; that the charge in the preamble contained no more than a misdemeanor, which, if it could be proved, was punishable by the law as it now stands; that the House thought so when they addressed the King to prosecute these men, but that for want of evidence those prosecutions had been stopped; that the want of evidence was a bad reason for the House to proceed against them; that no bribery whatever had been proved on those men at the last election. On the contrary, it was urged, that the mature of this society made it difficult to get proper evidence against them; that there was a manifest conspiracy against the constitution by those men; that if the House did not proceed against them, it would throw a slur on Mr. Grenville's Election Bill, and make it almost impossible to punish for conspiracies of this na ture, as they would say, 6 we can only, on a petition, lose the election, but they can do nothing to us for our corruption; the committee cannot punish us:' that as the evidence did not bring it quite home to the persons accused, that part of the Bill should be dropped, and only the adding a district of the county to the borough should be attempted, which would be slight punishment on the borough, and set a proper example to deter others from such manifest corruption. It was carried to commit the Bill. April 19. The House went into a com. mittee on the Shoreham Bill. They amended the Bill by leaving out the disqualifying the members of the Christian club, and giving all the freeholders of forty shillings a year within the rape or hundred of Bramber, in which Shoreham is situated, a right to vote. April 24. The Shoreham Bill was moved to be re-committed. The reason given was, that the names of those who composed the Christian club were left out; that the preamble of the Bill asserted, 'that there was a wicked and corrupt society,' &c. now, if proof of that society', and their intentions, was made, it must have been brought home to those who compose the society; that therefore those men ought to be punished by disfranchise. ment, &c. In opposition to this it was urged, that at the second reading the friends of the Bill had been so clear in their opinion, that the evidence was not sufficient, that they had declared their instructions to leave them out of the question; and only balance their votes by an admission of others: that in the House, this question had been signified to the counsel for the Shoreham men, who were given to understand, that they might go home about their business, which they had done: that it would be the highest injustice to put them again into the Bill, without giving them an opportunity to be heard against the Bill, which would now be impossible. However the majority of votes, 56 to 14, determined they should be inserted. April 25. The Shoreham Bill was reported. Mr. Dyson opposed this in a long and forcible speech; he shewed how very repugnant it was to justice to condemn men unheard; cited the former precedents in cases of bills of pains and penalties; shewed that the accused had been opposed by counsel against their opening the whole of man force to act here, contrary to the Act the evidence on which they might plead the putting an end to the infamous system arguments formerly used in this question, and was answered in the same manner. Mr. C. For said, the Bill before the late alteration of bringing back the names of the Shoreham men was ridiculous: it was now wicked: that the opposition he should make to it in its present form, was therefore on the stronger ground. Colonel Jennings also gave reasons against it, from the nature of a bill of pains and penalties. The question being put, that the said Amendments be now read a second time; the House divided. The Noes went forth. Tellers. East India Recruiting Bill.] April 12. The order of the day being read, for the House to resolve itself into a committee upon the Bill for the more effectually raising a Military Force, for the protection of the settlements and possessions of the East India Company, General Burgoyne, col. Barré, Messrs. Burke, &c. opposed the Speaker's leaving the Chair, alleging that the Bill would impede the recruiting of the army, as men would naturally enlist with those who offered best terms: that it was unconstitutional, as giving an additional number of soldiers to the land service; by subjecting the publicans to the expence of quartering this corps; by bringing over a Ger The House then resolved itself into a committee. Mr. Dempster observed, that a Bill of an infinitely better mode than the present one, and not liable to its inconveniency, had been proposed last year; that he should wish to frame the present Bill in such a manner as to coincide with that, and therefore should call evidence to prove the impropriety of the present one. General Smith was then called, who told the House, that the European army in Bengal, consisting of about 3,000 men, was, in 1769, when he left India, in very good discipline, considering the sort of men, who being chiefly raised about London, were the riff-raff of the people, chiefly boys under 17, or old men above 40 or 60 years old, and fitter at their arrival in India to fill the hospitals than the ranks. That the Seapoys were almost too good. That when the Company send out those recruits in their common numbers, namely, 100 in a ship, they lost perhaps one to five in their passage; but when crowded, perhaps to the number of 300 in one ship, they lost from 100 to 250 in their passage; that in general one-tenth of the European soldiers were in the hos pitals from the inclemency of the climate, which was such, that for eight months in the year, no English soldier was allowed to stand centry from nine in the morning to five in the afternoon; that when the five years for which their men were enlisted was expired, they had their discharge, and were sent to Europe if they desired it, by the Company, but in general they enlisted |