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land is engaged very deeply in the mation in a court of justice is prompt, endeavour to restore its finances to and the decision as little liable to ertheir ancient state; and their new ror as human judgments can be.head, indefatigable in this business, Impeachment is cumbrous, producis warmed with the true spirit of pa- tive of great evil in delay, both to the triotism. Nothing will, however, public, and to individuals. The crimes raise his states to their former emi- of the delinquent were not of a nature nence in Europe. The United States of America continue to enrich themselves, and their little differences with Spain are not likely to be attended with serious consequences.

Parliamentary Proceedings.

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to require impeachment. The question was merely of the misapplication of public money, and participation_in unjust gains, derived from it. For this a jury was perfectly competent, and after the house had decided upon the mode, an alteration with so short On the 26th of June, a memora- a notice would attach a degree of ble day in the history of British le- levity to their proceedings. The Sogislation, Mr. Leycester brought for- licitor General contended, that the ward a motion for the impeachment question on the mode of proceeding of Lord Melville, prefacing it, by ex- had not been fairly before the house. pressing it as his wish, and the desire of -For the impeachment, 195 had the house, that the crimes of lord voted: for criminal prosecution, 43 Melville should be judicially examin- had been added to this number; and ed; but declaring it to be his opinion, as the 195 had voted for criminal prothat the house had not had a suffici- secution rather than fail in any, it ent opportunity of deciding upon the was evident that there were only 43 question, which was the best mode in favour of criminal prosecution of treating the delinquent, whether above the other mode. He saw, by an impeachment, or by a criminal therefore, nothing derogatory to the prosecution in the lower courts. house in now adopting impeachment. The former was more consistent with Mr. Banks considered it to be very parliamentary proceedings, and was improper to rescind a motion passed a more solemn and dignified sort of in a full house, when so many memtrial it would, indeed, be more in- bers had left town under the impresjurious to the delinquent, if he is sion that the question had been comfound guilty, but more advantageous pletely settled: in this argument he to him, if innocent. To the house, was followed by Lord H. Petty and also, it afforded greater advantages: Mr. C. Wynne. Sir R. Williams the quantity of time is their own; stated, that he had voted against both they are unembarrassed with forms; impeachment and criminal prosecuand every part of their transactions tion; but he could not now approve may be equally examined. The re- of rescinding a decision of the house solutions of the house ought not to be on such light grounds. Mr. Windset aside lightly; but in this case it ham thought the case against the dewould appear that the house was linquent a plain and simple one, on really in favour of impeachment, in which a jury was perfectly compecomparison of any other mode ;-for tent to decide. His crime was such they who voted against the impeach- as juries try, and though the crune of ment, did it with a view of setting a statesman, it could not be called a aside both impeachment and criminal state crime. To change a measure proceedings; but had it been a ques- adopted by so full a house, was inde tion merely which of the two was to corous on so short a notice, and nobe preferred, their votes would have thing of this kind ought to have been been in favour of impeachment.- attempted without a call of the house; Mr. Bond rejoiced to find that the for it should be considered, that not bouse was unanimous in the necessity only the delinquent, but the house of some criminal proceeding; but was itself, was now upon trial, and the surprised at an attempt to rescind a character of both would be determinmotion passed in the largest house ed by the result. Mr. Pitt entered ever seen. The question lies in a into a tedious detail of dates, from narrow compass. A criminal infor- which he concluded that the house Vol. IV.

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could not be said to be caught by sur- recommended the case to Mr. Pitt; prise, and contended that the motion and Mr. Vansittart declared, that the had in view the dignity of parliament. Irish government would be proved, on With respect to himself, he wished investigation, to be free of any charge that the tribunal might be the least re- of severity or oppression. The pepugnant to the feelings of his friend, tition was ordered to lie on the table; who must be hurt at the mode which and how long the unfortunate man had been adopted by the house; and will lie in prison untried, and what indeed a jury was incompetent to af- compensation will be offered to him, ford the subject the ample investiga- if he should prove innocent, time tion, that it required. Mr. Whit- must discover. After some business bread was satisfied, that the only ob- of no great importance, Colonel Crawject of this motion was to defeat all ford introduced his promised motion, that had hitherto been done to bring on the national defence, by apologisLord Melville to a fair trial. He had ing to the house, for bringing it forbeen originally for the impeachment, ward so late in the season, but claimbut when a contrary decision had been ing, from the magnitude of the subject, adopted, it ought not on slight grounds its attention. He paid compliments to be relinquished. There were in- to Mr. Fox and Mr. Windham, and deed difficulties in the criminal prose- gave a concise view of his subject, in cution, resulting from the conduct of declaring it to be a description of the the Attorney General, who, if he was not prepared to fulfil the wishes of parliament, was unfit to hold his office. The Attorney General vindicated himself on the score of coming to the house for instructions, declaring, that he never entertained a doubt of the leThe first thing that occurs in this gal guilt of the delinquent, but he was enquiry, is the war with Spain, which decidedly in favour of impeachment, was severely reprobated; but the as by it the ends of public justice question now was, how we stand in would be fully accomplished, and the consequence of that war. First, the delinquent would be enabled fairly to enemy's squadrons now sail undismeet his defence. Mr. Fox repro- turbed, in almost every direction, and bated this change in the proceedings France derives from Spain an accesof the house, as a bad precedent, which sion to her navy, of no less than twenfuture ministers would turn to the dis- ty-five ships of the line. In the meanadvantage of the public. He viewed time, we have added only one ship to the motion with a jealous eye, as be- our line, and the military means, obing supported by those who had uni- tained by Buonaparte, are evidently, in formly supported the delinquent, and other respects, very considerable.

forces, on which the country might rely in the hour of danger, on our efficient means, offensive and defensive, compared with what they were, when Mr. Pitt came into office, and with the similar means of the enemy.

from whom no rational co-operation From a calculation of troops, it ap could be expected. Some other mem- pears, that the French have dispatched bers spoke, but with no novelty of ar- to foreign stations, 15,500 men, and gument. When a division took place, our increase amounts to 16,000; but the question for impeachment was of this increase, the 1639 sent to carried by 166, against 143. Gibraltar, do not place it in so good a

On the 28th of June, Mr. Fox pre- state as it was before, without the sented a petition from W. T. Jones, Spanish war; and many others locked stating, that he had been in prison up in the Bermudas, New Brunswick, twenty months in Ireland, confined and other places, are a real diminu for subsistence to the prison allow- tion of force. For force misapplied, ance, of having suffered various harms, and useless, is not to be reckoned upon that he had been offered a release, on as the instrument of hostility. Simicondition of leaving the country, lar observations were made on the diswhich he had declined, as it would position of other troops, from which presume guilt, and had requested a it was concluded, that there was suffispeedy trial. Not having been able cient ground for enquiry, with reto obtain either an unconditional re- spect to the army; and the same was lease, or a trial, he requested the in- maintained of the navy; so that it apterference of the house. Mr. Sheridan peared, that our danger was increased,

Parliamentary Proceedings.

67

whilst both our naval and military who knew better how to command forces were diminished in comparison an army, and the regular troops of with that of the enemy. What is to be done, then? Undo whose professions the mover of the all that has been already done, even question affected to hold in contempt. Europe had been beaten by those men Mr. Pitt's parish bill, respecting the Sir. J, Pulteney was for unlimited sermilitary, and a great deal is done to- vice. wards improvement. Having removed compulsion as a measure absolutely such an obstacle, the regular army found to be necessary in all countries, Sir. W. Erskine considered may be raised to its former state of vi- in the formation of a military force. gour. The volunteer corps come The volunteer corps he highly apnext under consideration, the appoint- proved, and he did not think that offiment of whose officers was asserted to cers in the army felt hurt at seeing ofbe in the last degree ridiculous and ficers of volunteers. For himself it, absurd. respected; but their modes of life do in the service of their country, and he As individuals, they may be gave him pleasure to see men active not consist with such a military estab- considered the volunteer system as the lishment. What must military infe- sheetanchor of the state. Mr. Windrior officers say or think, when the ham advocated limited service, and whole of their proceedings are to be dwelt on the immense promises, but directed by a pastry cook Colonel? Is trifling performances, of Mr. Pitt. such a man fit to command the de- The Secretary at War, detailed the fenders of the freedom of their coun- state of our force, and, from the diffitry? Tarts and cheese-cakes have culties attending limited service, in nothing to do with the subject, though the case of men in foreign countries, they may enable a man to make a con- was against it. siderable figure, who would otherwise have been hid in obscurity. From maintaining that the volunteer sysColonel Crawford replied, still trifling railery on this subject, the tem was absurd and ridiculous, and speaker adverted to the mode of en- that it was viewed by regular officers Listing, which he contended ought to with disgust; and his motion was rebe for a limited time; to courts mar- jected without a division. tial; to the pay of the army; and then moved his first resolution, that the ar- of July, an animated debate took IN the house of lords, on the 9th my should be kept up as nearly as place, on the Duke of Athol's bill, the possible to the establishment which order of the day being for its second has been provided for by parliament. reading, when Lord Westmoreland enLord Castlereagh saw no necessity tered into a history of the transactions for a committee on the expediency of between the government and the the resolutions, and denied the accu- duke's ancestor, and contended that racy of the Colonel's military state- the rights of the duke's family were ments, asserting that the regular ar- not compensated by an adequate sum, my was greater now than it had ever nor willingly alienated by the owner. been before in this country; that, in He had acquiesced with a view to comparing our present with our for- public convenience; but the immense mer strength, he saw no reason for a profits received by the country from charge against government, which had the bargain, justified his heir in the done its duty, and acted on a system expectation that his claims would be which, without being injurious to admitted. The earl appealed to the other parts of the service, had very lords of the privy council for the truth considerably extended the military of his statement; upon which Lord strength of the country. saw no reason for alarm, whilst we astonishment at such an appeal, deMr. Fuller Ellenborough rising, expressed his had six hundred thousand men in claring on his honour, as a man and a arms, and declared, that as to our vo- gentleman, that he knew nothing of lunteers, they were many of them as the proceedings in the privy council good as regular troops. A man's pro- on the subject, after a certain period, ression does not prevent him from be- when one of the reports, now on the ing a good soldier, or a good com- table, was made by the board. To mander. General Moreau was a bar- call this bill a job, had been esteemed nister, but we had not seen any one indecent: but if the house should

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burry it through in the manner harsh a measure against the public threatened, it would commit as gross no farther. The people have still a and disgraceful an act, as ever marked moral sense, and can strongly feel an the worst of times. Could it be re- indecent injury. If their Lordships conciled to the character of that house could not go home with any exultation to consent to a bill, before the pages on foreign triumphs, still let them not of a folio volume, on which that con- emulate sailors in a storm, who, givsent was to be founded, were dry ing all up for lost, seize the occasion enough to be read? He conjured the to break open and rob the chest. house to preserve all that was left of Lord Harrowby contended, that the its parliamentary character, and pro- duke's claims were established by the posed, that a little delay might be documents, and that the public would granted for acquiring a sufficient not be dissatisfied at the compensation. knowledge on the subject. Under The Marquis of Buckingham asserted, the expectation, that this delay would that there was no evidence of justice be granted, his Lordship sat down; or necessity for the bill; that its prebut his proposal not receiving assent, cipitation was unexampled; that the he rose again, and observed, that he dignity of the house was not consultunderstood that the friends of the bill, ed; and that the confidence of the depending on their numbers, were de- people would be lost by such a strange termined to go on at all hazards; and expenditure of its money. Lord Caras this was the case, he would discharge lisfe defended the bill, declaring that, his duty, and declare his opinion of the if in strict justice the claim could not bill itself. It contained, and was found- be sustained, it ought to be looked to ed on propositions untrue, in fact or with feelings of magnanimous liberality. law. It asserted the former right of Lord Sidmouth reprobated both the the Duke of Athol to have been that of bill and its precipitation; for after the sovereignty; whereas it was a lordship, most mature reflection, he could not and no lawyer or historian had ever see that the claim was founded on termed it a sovereignty. The privileges justice. The present noble duke had of the duke in the island were held prayed that his claims might be conby petty serjeantry; yet the bill, sidered: the privy council laid them "like a tall bully," repeats the untrue before the attorney and solicitor ge-. assertion of sovereignty three times. neral, who saw no grounds for the Stress has been laid on acts of par- claim. A change of administration liament not having force in the island; took place; and in the month of July' but from that the sovereignty does not after that change, the former resolufollow; and nothing but puerility and tion was altered, and the privy council absurdity could construe the nature of then declared for the claims. acts of parliament in such a manner. himself, however, saw no reason for Indeed, words could not be found to altering his former opinion; and conexpress his contempt of the reasoning tended that the arguments used for it, used to induce their lordships to give would sanction the grossest corrupaway so large a sum of the public tions, and nullify the most solemn money. The administration, at the agreements.

successor

He

time of making the bargain, had not Lord Suffolk stated, that his father acted as the present does; and he and grandfather had lost their lives in wished, that the minister of that day, the service of their country, and he had, with his robe of office, left to his had very narrowly escaped the same that care of the public fate. The compensation given for purse which might have saved the several thousand acres of their prorevenues from depredation. It was perty, was only 2001. ; yet that profalse, that the duke was compelled to perty, at the present valuation, was alienate his rights, or that he did not worth between a hundred and fifty receive full compensation. These and two hundred thousand pounds. If rights, after paying all expences, did the duke receives farther compensanot exceed sool. a year; and for that, tion, surely he had himself also a sion striking a balance, it will be found, milar right; but he thought the conthat the family has received a clear ad- duct of Lord Sidmouth, in rejecting vantage of 20,0001. His Lordship the claim, proved him to be a conthen entreated the house to pursue so scientious man, and faithful servant

66

My Lords and Gentlemen

of the public. Lord Mulgrave was cussion: the articles of impeachment
decidedly in favour of the bill, and of Lord Melville were introduced by
could not bring his mind to entertain Mr. Whitbread, who has the conduct-
such high notions of economy in the ing of the impeachment, with a com-
affairs of government. Adverting to mittee of twenty four other members,
Lord Ellenborough's speech, he term- and carried by him to the Lords. On
ed his manner boisterous and rude. the 12th, the parliament was prorogued
This called up Lord Ellenborough, by commission, the disorder in the
who declared, that such language was king's eyes preventing him from ap-
unparliamentary, and that he would pearing in person and in his name,
deliver his opinion freely, as an inde- the following speech was delivered by
pendent peer, in spite of such unpar- the chancellor:
liamentary epithets. Lord Mulgrave
received the retort with a quotation "We have it in command from
from Shakspeare, "Senior, your age His Majesty, to express the satisfaction
shall command more than your wea- with which he has observed the proofs
pons possibly can do ;" declared him- you have given, in the course of the
self to have the highest reverence for present session, of your constant re-
Lord Ellenborough's official character, gard for the honour of his crown, and
but could not endure language fit for the interests of his dominions; and
a demagogue in Palace-yard, but not particularly the measures which you
suited to temperate and fair discussion. have adopted for strengthening His
Lord Ellenborough, in reply, asserted, Majesty's hands, at this important con-
that he spoke of measures, not of juncture, by the augmentation of the
men; and was conscious that he was disposable military force of the king-
performing a moral duty. Some dom..
others spoke, and the house divided
on the second reading; when there
were for it 35, against it 11.

"Gentlemen of the House of Com

mons

"His Majesty has directed us particularly to thank you, in His Majesty's name, for the zeal and liberality with which you have granted the large sup plies, which the necessity of the public service has required.

"My Lords and Gentlemen

In the house of commons, Mr. Wickham was, on account of indisposition, permitted to speak sitting; and he vindicated himself and administration, on the subject of Todd Jones, regretting that he could not go into the subject at full length, froia "His Majesty has not yet been the lateness of the season, but declar- enabled to communicate to you the ing his wish that it might be fully in- result of the negociations, in which he vestigated. Mr. Wilberforce congra- is engaged with powers on the contitulated the house, that a public officer nent; but you may rest assured, that was alive to the necessity of replying no step will be omitted on His Mato a charge so serious, as the oppression jesty's part, for promoting such a conof a British subject. Sir W. Burroughs cert, as may afford the best prospect gave notice of his intention to move of restoring general and permanent resolutions in favour of Sir H. Pop- tranquillity; or may, if necessary, furham and Mr. Whitbread proceeded nish the means of repelling with vigour to some necessary steps in the impeach- the continued encroachments on the ment of Lord Melville. part of the French government, which The houses were from this time threaten every day the liberty and employed in a vast variety of ordinary independence of all the nations of Eubusiness the indemnity bill of Mr. rope.'

:

Trotter gave occasion for some dis

LIST OF NEW PUBLICATIONS IN JULY, 1805.

As this Department will be of great Importance to AUTHORS and BookSELLERS, as well as to Literature in general, it is requested NOTICES of Works may be forwarded as early as possible, (free of Postage), which will be regularly inserted.

ARTS.

THE
HE Works of the late Edward
Dayes, containing an Excursion
through the principal Parts of Derby-

shire and Yorkshire; also, Essays on
Painting, Instructions for Drawing
and Colouring Landscapes, and Pro-
fessional Sketches of Modern Artist

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