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THE

LONDON MAGAZINE,

ENLARGED AND IMPROVED,

FOR JULY, 1784.

PARLIAMENTARY HISTORY.

N the other hand, it was argued by Lord Mulgrave, the Lord Advocate of Scotland, Mr. Hardinge, the Attorney and Solicitor-General, the Mafter of the Rolls, and Mr. Dundas, that if there was any inconvenience, abfurdity, or injuftice in the election laws, it was fit that they fhould be amended; but that the prefent queftion must be determined by the laws as they now ftand, and not by laws to be hereafter enacted. That the propofition before the Houfe was in itfelf a complete refutation of the doctrine which thofe who fupported it attempted to cftablifh; for it called upon the high-bailiff to do a minifterial act, after his authority, according to their opinion, had actually expired. That the high-bailiff was bound by his oath to return the candidates who should appear to have the majority of legal votes; and furely, in order to comply with his duty, he muft make enquiries, and not make a return merely from the apparent majority; more especially as he had fufficient reafon to believe that a great number of fpurious votes, had been obtruded on the poll. In the first place, he knew that 4000 had voted on this occafion more than had ever voted at any foriner election. He knew that the poll had been crammed with thousands during the firft ten days, and afterwards meagerly and flenderly fed with individuals. He knew that men had been kept in readinefs to feed the poll one by one, as occafion fhould require, that the books might not be clofed; and that all this LOND. MAG. July, 1784

was done to protract the election to fuch a time, that no enquiry could take place into the illegality of the votes. In justice, therefore, to the candidates who had the majority of legal votes, in juftice to the electors, who ought not to have forced upon them a member who was not the object of their choice, the fcrutiny ought to be carried on. It had been urged by one of the counfel, that the electors of Westminster would have caufe to complain if they should remain unreprefented, but the electors were too wife, not to recognize the conftitutional doctrine, that members though chofen locally reprefented generally; and they would have the fatisfaction to know, that if taxes fhould be laid upon them, they would have to pay them in common with the constituents of the members by whom these taxes thould be impofed.

Mr. Fox rofe as the Speaker was going to put the question, and claimed a right, as a party, to be heard last in the debate, He obferved, however, that the Weftminiter election was not his caufe, but the cause of the electors of Great-Britain in general, and of his conftituents in particular. He took a comprehenfive and accurate review of the cafe as originally ftated to the Houfe, of the evidence that had been adduced, the pleadings of the counsel, and the arguments that had been einployed on both fides of the question, in this and every preceding difcuffion of the bufinefs; and fhewed by a va riety of clear and cogent reafoning, that nothing had been adduced in

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evidence to juftify the high-bailiff in granting a fcrutiny; but that his having appointed one to commence ten days after the expiration of his power as returning officer, was neither warranted by ftatute, by the practice and ufage of parliament, nor by any one precedent whatever. He ought, therefore, to be directed to make his return in like manner as he was bound to have made it on the 18th of May. If the Houfe thought otherwife, they ought to direct a new writ to be iffued, but by no means to order the high-bailiff to enter on the fcrutiny, which would be a direct fubverfion of the rights of election, inafmuch as it would take away thofe rights from the people, and veft them in the Houfe, making the House the electors inftead of the elected. Should the Houfe, in the prefent inftance, determine that a fcrutiny ought to go on, and, to prevent the repetition of a fimilar injury, immediately proceed to enact a new law for the purpofe of regulating the Weftminster elections in future, as had been hinted at, they would be guilty of the moft grofs and unexampled injuftice. He complained of the violent prejudices of the Houfe againft him, of the undiffembled rancour of fome, and the contemptuous levity of others, and painted in strong and odious colours the extraordinary tranfactions of the election, the means adopted to defeat his fuccefs, and the fcandalous attempts to blacken his character, and that of his friends. From thefe circumftances it was evident that the ftrong hand of government had been ftretched out against him; and that all the difficulties he had met with, all that remained for him to encounter, were occafioned by the unrelenting difpofition of minifters, who were evidently determined to push the spirit of refentment and revenge to the most rigorous extent, and to ftop at nothing that was likely to effect his political annihilation. He did not believe that the Chancellor of the Exchequer was a willing inftrument in fo bafe a caufe. He imputed the fhare he took in the perfecution to too fervile a compliance with the will of thofe, whofe cha

racteristic it was to hate with rancour, and to purfue the means of revenge with the most remorseless pertinacity. But let thofe who were in poffeffion of power bear their triumph more moderately: their unmanly efforts to crush an individual would open the eyes of the public, and fhew the fallacy of thofe clamours which had been fo artfully excited, and fo induftriously propagated against an individual, whom they now attempted to perfecute to deftruction, in a manner so shameful and unprecedented.

Mr. Pitt replied to Mr. Fox, who, he obferved, far from having a right to be heard as the laft fpeaker upon a caufe in which he himself was a party, according to the standing order of the Houfe had no right to be heard at all. He challenged Mr. Fox to fubftantiate his affertions. If he had felt the ftrong hand of government, let the charge be brought and the fact established. He trufted the hand of government would never be fo ftrong as to avert an accufation founded in truth, but that, when its criminality was proved, the merited odium and difgrace would fall on its head: on the other hand, he hoped government would never be fo weak, as to be fhaken by affertions without proof, and charges unfuftained by evidence. Minifters knew too well that the only way to weaken and debafe their own characters, and to ftrengthen and exalt that of the right honourable gentleman, was to make him the object of their perfecution. It was well worth his while to appear as that object: he might even confent to fuffer martyrdom itfelf, to be restored to that rank in the public cfteem which he had forfeited by his deteftable conduct in politics. He ridiculed the idea of any danger arifing from the precedent that would be established, if the high-bailiff should be directed to proceed with the fcrutiny. Whenever a returning officer did not comply with the exigency of the writ, the Houfe of Commons would call upon him for his reafons, and unless they were found good and fubftantial, he would be feverely punifhed for his neglect. From a cafe which he put hypotheti

but which

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was indeed fo perfonal that none could mifs its meaning, he contended that a new law was neceffary to regulate the poll for Westminster, and to limit its duration; and denied that a bill for that purpose, on the fpur of the prefent occafion, would be any injuftice to the electors. When were new laws to be made, but when the neceffity of them was evinced by recent circumstances of inconvenience? The motion was negatived by a majority of 78. Lord Mulgrave then moved," That the high-bailiff of the city of Weftminfter do proceed in the fcrutiny for the faid city with all practicable dispatch."

To this Mr. Fox objected, as being in its nature mandatory, and fuch as would prevent the high-bailiff from making a return, if he fhould be induced to think that he ought to do fo, without entering on the fcrutiny. It would alfo reduce Mr. Fox to this dilemma, either to plead before a tribunal, against the legality of which he protested, or by refufing to take any part in the fcrutiny, to expofe himself to the refentment of the Houfe, as contumacious, and regardless of its directions.

Mr. Dundas replied, that if the bailiff fhould be inclined to make a return without a fcrutiny, there was nothing in the motion would prevent him, as it went no farther than to make him review his conduct, either by a fcrutiny, or by any other means by which he could fatisfy his confcience, and form a judgement on which fide the majority of legal votes lay.

Mr. Sheridan then defired to be informed, if Mr. Fox fhould fend a formal proteft to the high-bailiff, figned by himself and other electors, declaring that being of opinion that he acted under an ufurped authority they would not give themselves any trouble about a fcrutiny, which they were determined not to carry on, whether fuch a proteft could be deemed a libel on the proceedings of the Houfe, and whether Mr. Fox would be bound by thofe proceedings to take any part in the fcrutiny, under pain of being deemed contumacious,

Mr. Dundas faid that nothing would oblige Mr. Fox to take part in the. fcrutiny, or hinder him from protesting againft it; but if in that proteft he fhould infert a libel on the proceedings of the Houfe, he could not fay how far the Houfe might think itself bound to take notice of it.

Lord George Cavendish protefted against the proceedings of the Houfe, as diametrically oppofite to what he himfelf had feen practiced, during the courfe of a long parliamentary life, and to what he had been informed when young, by the old men of those days, had ever been the practice of the Houfe of Commons. The motion paffed in the affirmative, and the highbailiff was called in, and received directions accordingly.

June 11. Mr. Sawbridge deferred his motion for a parliamentary reform till Wednesday next.

The Surveyor-General of the Ordnance moved the fupply for the fervice of the prefent year, amounting to 810,6691. He lamented that the heavy debt on the Ordnance 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 were obliged to go to market.

Mr. Huffey condemned the expenfive and pernicious fyftem of fortifying the dock-yards, the natural defence of which, he faid, were fhips of war.

Mr. Pitt confeffed that he had changed his opinion on that fubject, and that he now believed the fortifications to be neceffary; for in a future war, our dock-yards being secure, we fhould be enabled to undertake offenfive. operations with more fpirit and effect. Several members fpoke on both fides of the queftion, and the money was voted.

June 14. Mr. Gilbert reported the refolutions come to in the committee of Supply on Friday.

The Secretary at War moved the army estimates.

Mr. Rofe, of the Treafury, moved for feveral fums to replace like fums taken from the finking fund to make up the deficiencies of taxes, amounting in the whole to 933,6571.

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Mr. Burke made his promifed motion on the King's fpeech, which he claimed exclufively to himfelf, and fail there would be no caufe for triumph if it fhould be rejected, fince it was the measure of an inconfiderable individual. The motion was for a reprefentation to his Majefty, complaining of new and unufual expreffions in the fpeech from the throne, fuch as tended to excite improper difcuffions, and to lead to mifchierous innovations in the conftitution. It contained an animated vindication of the rights and privileges of the House of Commons, and an able and elaborate juftification of their conduct during the last feffion of the late parliament, particularly with regard to the India bill, and their oppofition to the prefent miniftry. As it took up more than an hour in reading, our limits will not permit us to enter into a more minute detail, which is the lefs neceffary, as it is already publifhed, but we cannot help felecting the following ftriking paragraphs, which merit the ferious attention of all who, attached to no party, and devoted to no fyftem, with to judge of public meafures and opinions on rational and folid principles: "It is a crooked and a defperate defign, leading to mifchief, the extent of which no human wifdom can forefee, to attempt to form a prerogative party in the nation, to be reforted to as occafion fhall require, in derogation from the authority of the Commons of Great-Britain in parliament aflembled: it is a contrivance full of danger, for minifters to fet up the reprefentative and conftituent bodies of the Commons of this kingdom as two feparate and diftinét powers, formed to counterpoife each other, leaving the preference in the hands of fecret advifer, of the crown: in fuch a fituation of things, thefe advifers, taking advantage of the differences which may accidentally arife, or may purpofcly be fomented between them, will have it in their choice to refort to the one or the other, as may beft fuit the purpofts of their finifter ambition: by exciting an emulation and contest between the reprefentative

and conftituent bodies, as parties contending for credit and influence at the throne, facrifices will be made by both, and the whole end in nothing elfe but the deftruction of the deareft rights and liberties of the nation. If there muft be another mode of conveying the collective fenfe of the people to the throne than that by the Houfe of Commons, it ought to be fixed and defined, and its authority ought to be fettled: it ought not to exift in fo precarious and dependent a ftate, as that minifters fhould have it in their power, at their own mere pleafure, to acknowledge it with refpect, or to reject it with fcorn.

"With his Majefty is the gift of all the rewards, the honours, diftinctions, favours, and graces of the state; with his Majefty is the mitigation of all the rigours of the law; and we rejoice to fee the crown poffeffed of trufts calculated to obtain good-will, and charged with duties which are popular and pleafing, Our trufts are of a different kind: our duties are harth and invidious in their nature, and juftice and fafety is all we can expect in the exercife of them: we are to offer falutary, which is not always pleafing, council: we are to enquire and to accufe, and the objects of our enquiry and charge will be for the most part perfons of wealth, power, and extenfive connexions: we are to make rigid laws for the prefervation of revenue, which of neceflity more or lefs confine fome action, or reftrain fome function, which before was free: what is the most critical and invidious of all, the whole body of the public impofitions originate from us, and the hand of the Houfe of Commons is feen and felt in every burthen that prefles on the people: whilft, ultimately, we are ferving them, and in the firit inftance whilit we are ferving his Majefty, it will be hard, indeed, if we fhould fee a Houfe of Commons the victim of its zeal and fidelity, facrificed by his minifters to thofe very popular difcontents which fhall be excited by our dutiful endeayours for the fecurity and greatness of his throne: no other confequence can refult from fuch an example, but that, in future, the Houfe of Commons,

confult

confulting its fafety at the expence of its duties, and fuffering the whole energy of the state to be relaxed, will fhrink from every fervice, which, how ever neceffary, is of a great and arduous nature, or that, willing to provide for the public neceffities, and, at the fame time, to fecure the means of performing that talk, they will exchange independence for protection, and will court a fubfervient exiftence through the favour of thofe minifters of ftate, or thofe fecret advifers, who ought themselves to ftand in awe of the Commons of this realm."

It was feconded by Mr. Wyndham, and of courfe entered on the journals, which feems to have been all that Mr. Burke expected from moving it, as he did not divide the Houfe upon it.

June 15. Agreed to the refolutions on the army eftimates, the ordinaries being 1,761,2681. and the extraordinaries 2,043,9151. and to the grants to replace the fums taken from the Linking fund.

June 16. Previous to the debate on Mr. Sawbridge's motion, Mr. Francis moved for fome papers relative to the revenue of Bengal, and as it has lately been the fate of India affairs never to be mentioned in the House without altercation, a converfation took place, in which Mr. Francis was perfuaded to withdraw his motion.

Mr. Dempiter gave notice of his intention to bring forward a motion refpecting the finances of Great-Britain.

Several members then requested Mr. Sawbridge to poftpone his motion on a parliamentary reform till the next feffion, when fome specific and decifive propofition might certainly be expect ed from the minifter, as early as poffible. Mr. Sawbridge defired to hear the minifter's intentions from his own mouth. Mr. Pitt profeffed his fincere attachment to the meafure, promifing to bring it forward the very first opportunity, and urged the inexpediency of attempting at prefent what was much more likely to fucceed on fome future occafion. Mr. Fox commented on the procraftinating fpirit of the minifter, and asked if he would be more able to command a majority next fefion than

he was at prefent? Would his friends be more numerous or more confident? For his own part, he doubted whether any reform, of this or any other defcription, could reasonably be expected from a miniftry who stood on ground fo hoftile to the conftitution, and who had as yet given no very striking fpecimen of their predilection for any thing connected with the reprefentation of the people.

Mr. Sawbridge was of the fame opinion, and therefore, moved that a committee be appointed to enquire into the ftate of the reprefentation of the Commons of Great Britain in parliament. It was feconded by Alderman Newnham, and oppofed by Mr. Grofvenor and Sir Richard Hill, the latter of whom, in the course of an eccentric and defultory fpeech, attacked Lord North as the author of the American war, the fource of all our calamities.

Lord North contended against the neceffity or expedience of a reform with his wonted ability. He oppofed the fallacy of the obfervation, that to alter the fate of the reprefentation is not an innovation but a renovation, and obferved, that the farther we look into the annals of British hiftory, the more we perceive the extent of monarchy or aristocracy, till we can difcover not a veftige of the democratical power, which is of more modern introduction. He ftated the qualification of an elector, as fettled in the reign of Henry the Sixth; at that period it was. reftricted to forty fhillings, a fum equal in weight to fix pounds of our money, and allowing for the decrease in the value of gold and filver, equal to thirty pounds at prefent; fo that by admitting the fame nominal qualification, the number of electors had become almost ten fold what they then were. It had been very improperly maintained by many, as effential to liberty, that all men fhould have an equal fhare in the conftituent body, becaufe, fay they. true liberty confifts in no man's being bound by a law to which he has not aented, either in perfon or by his reprefentativé; but, continued his lordfhip, if this alone be freedom, no country under the fun was ever yet free.

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