MR. WINDHAM contended, that the argument urged in favour of the High Bailiff, that he ought not to make a return till he had completely satisfied his conscience, and made up his mind, went too far, and as it was stated, it was fallacious. The writ undoubtedly directed the High Bailiff to proceed to an election of two members, and if his conscience was not satisfied on or before the day on which the writ was returnable, there was a clear path for him to pursue, in which he would have been countenanced by all men. He had then to return to the Sheriff all the candidates, giving as a reason for such return, that his conscience was not satisfied, and then the matter would have come fairly before the tribunal, competent to try its merits. It was not true that the High Bailiff was forced to return two members on the exigency of the writ. A double return was allowed by that house, in cases where the returning officer was not satisfied in his conscience. A complete and correct return was not demanded. If it were, and if that house should countenance, by its decree, the new doctrine, that the return must not be made till the conscience of the returning officer was fully satisfied, that house might in future be deficient of half its members. He observed, that though it was seemingly the object of the minister and his friends to relieve the High Bailiff from as much care and trouble as possible, yet the very direct consequence of the scrutiny, and of the instructions proposed to be given this night to him, would actually raise new difficulties and increase his

embarrassments. He had been directed, in the first instance, to take some time to consider and examine the poll, that he might, by private inquiries satisfy his conscience, and then make his return; but the house having ordered him to proceed in the scrutiny, imposed a new task upon him; and though, before the scrutiny had been approved of by the house, the Bailiff might have made his return when he had satisfied his conscience, yet the scrutiny having been once commenced, he must not satisfy his conscience only, but also his judgment; so that as he could not satisfy his judgment without scrutinizing the poll, whilst there remained a vote unscrutinized, he could not make his return; it was clear, therefore, that the house itself, in seeming to promote expedition, had actually thrown additional obstacles in the way, and created unnecessary delay; for though it would have been sufficient for the Bailiff to have satisfied his conscience at the outset, he must now satisfy both his conscience and his judgment. An expression had dropped from the minister which he thought very alarming indeed; it contained a doctrine likely to be the prolific parent of numberless inconveniences and mischiefs. It seemed, according to the Right Honour able Gentleman, that the circumstance of there being bad votes on the poll of a candidate, was a good ground for the scrutiny; if this was the case, there was not an election for any county or populous city in the kingdom which ought not to be the subject of a scrutiny, for he was sure there was not an election

for any such places, during which persons had not been permitted on both sides to poll, without any legal qualification for the exercise of such a franchise. At Norwich, where he had had the honour to be elected, he was very sure many bad votes had been given both to him and to the rival candidate; and if the number of such voters, admitted to poll at Norwich, was less than the number of the like voters who had polled in Westminster, it was because the gross number of the inhabitants were less in the former than in the latter. But there was another expression which alarmed him still more; and that was, "That it mattered not on which side the bad votes had been polled, if bad votes had been received." This was a good ground for demanding a scrutiny; this was an alarming doctrine indeed; for if it was once received as sound and parliamentary, the legal representatives of every populous town in England might be kept out of parliament for years together, by the most infamous combination between a minister and profligate tools in the shape of candidates, who having contrived to get some bad votes on the poll even for themselves, might then demand a'scrutiny, which might be carried on for years, though a decided majority of legal votes should be on the side of the candidate against whom a scrutiny should have been granted. For these different reasons, he declared his intention to withstand the introduction of such fatal doctrines; to resist the amendment moved by the Noble Lord, and support, with his vote, the

original motion made by the Right Honourable Gentleman. [This was Mr. Windham's first speech.]

Mr. Fox supported and Mr. Dundas opposed the original motion; after which the house divided, when the numbers were, For the resolution

Against it

Majority

135

174

39

The Amendment was then put and carried; upon which the High Bailiff was called to the Bar, and the resolution was read to him by the Speaker.

REGENCY.

December 19, 1788.

THE Report of a Committee appointed to consider of the State

of the Nation was brought up, and the first Resolution, which was as follows, was agreed to unanimously :

"1. That it is the opinion of this Committee, that His Majesty is prevented by his present indisposition from coming to his "Parliament, and from attending to public business; and that "the personal exercise of the Royal Authority is thereby inter"rupted."

The second Resolution was then read, as follows:

"2. That it is the right and duty of the Lords Spiritual and "Temporal, and Commons, of Great Britain nor assembled, and « lawfully, fully, and freely representing all the estates of the "people of this realm, to provide the means of supplying the "defect of the personal exercise of the Royal Authority, arising " from His Majesty's said indisposition, in such manner as the "exigency of the case may seem to require."

On the question being put for passing this second Resolution, it was objected to by Sir Grey Cooper, and supported by Mr. Martin, who took an opportunity of censuring the conduct which Mr. Fox and the Opposition had observed in the course of the proceedings during the King's illness. The Attorney-General argued in favour of the Resolution.

MR. WINDHAM declared, that if an Honourable Gentleman (Mr. Martin) had not considered what he