least impropriety or disaffection to government. They canvassed its measures with unreserve; but were steadily attached to the constitution itself; which indeed had so little to apprehend from these societies,, that it was chiefly among them the warmest supporters of it were found. The reform of parliament had long been their principal object. Motives of prudence and moderation had, in the present tempestuous season, suspended their efforts to accomplish it; but they would certainly pursue their determinations on that point at a more auspicious period.

Such was the purport of the remarkable speech made by Mr. Lambton, on this occasion. It was answered by the attorney-general, who solemnly declared, that he was induced by no other motive than conviction of its propriety, to support the continuance of the suspension-act. It was with grief, he said, that he had heard the arguments of so able a speaker as the last, in op. position to it, as they seemed cal culated to encourage persons ill. affected. It was not, he said, the guilt of particular individuals that was now under examination: it was the existence of a conspiracy of which parliament was clearly competent to decide the reality, what ever might have been the opinion of a court of justice. The accused had indeed been pronounced not guilty but that did not impose silence on the supreme court of the nation; which, without interfering with judical authority, had still a right to retain its own opinions. Who could deny the prepossession of the societies in favour of the French and of French principles, as well as that of the writings of Paine, Barlow,

Macintosh, Mrs. Wolstencroft, Mr. Christie, and other champions of the revolution? Was it not incum. bent on persons in power to guard against the dissemination of such dangerous doctrines? From the conduct of those who formed the convention in Scotland, it fully appeared, that the societies, and their abettors, had no intention to apply to parliament for those alterations they required; they had determined, it was plain, to depend solely on their own energy.

Mr. Jekyll contended for the propriety of conduct in the societies, in commissioning their agents to insist on a reform in parliament, which would never, of its own accord, undertake a task, so irksome to most of its compo. nents. No punishment, it had been said, was indicted, by holding persons in custody, as if their very detention were not a sufficient punishment. He warmly reprobated the unqualified manner in which the persons acquitted at the late tri. als had been stigmatized in the house. The suspension-act, he insinuated, was gliding into an annual motion, and unless arrested in its progress, would be, at last, considered as a standing rule for every session. He resolutely exposed the ignominious employment of spies, wherever they could be introduced on any part of society. He read, in proof of what he asserted, a letter, describing the ar. tifice and bribery that had been used, in order to prevail upon a certain person to become a spy.

Mr. Curwen, and Mr. Francis, zealously opposed the suspensionact: Mr. Francis particularly exposed the inconsistency of pre

ferring

ferring the opinion of a grand jury, to the verdict of a jury on a legal trial. No case of treason having arisen since the late trials, there was no ground for the suspendingact, which, previously to them, had rested on that pretext of a conspiracy, by which they were occasioned.

In order to prove that a conspiracy might be real, and yet no proofs of it be produced, the solicitor general alleged the well. known case of captain Porteous, during the reign of George II. not one of the agents in which was ever discovered, though the transaction itself happened in the midst of a large and populous city. In the same manner, though proofs had not been yet brought home to the present conspirators, yet the reality of there being such in the kingdom, was strongly in the persuasion of a majority of the legislature, which, of itself, was a valid reason for continuing the act of suspension.

The authenticity of the proofs, adduced to ascertain the existence of a conspiracy, was insisted upon, in a long and laborious argument, by Mr. Hardinge, who was replied to, in one no less claborate, by Mr. Erskine, who objected to the intricacy and obscurity of his reasoning. A conspiracy, he allowed, might exist, and the conspirators not be known or convicted; but this was not the case in agitation. The conspiracy, now in question, was specifically to assemble a convention, independently of government: papers of various kinds had been brought forward to substantiate it; the authors of which were ascertain. ed: but had these papers been treasonable,how could their authors have avoided conviction? these papers, VOL. XXXVII.

therefore contained no treason, and the acquittal of their authors proved that they were not engaged in a treasonable conspiracy. This pretence, of course, fell to the ground, and could not, consequently, warrant the continuance of the suspension act. A traitorous spirit was attributed to these papers, and a design to degrade and vilify the national representation; but to complain of the misconduct of parliamentary men was not treason. The best answer to the complaints of the public would be to listen to them, and correct those errors and flaws in their conduct that had given occasion for discontent. "Was it a time, said Mr. Erskine, to treat the people with severity, and repeal their most essential privileges, when the very existence of government depended on on their affections ?" Ministers ought, he added, to take warning from what had happened in the low countries; the people there had loudly demanded the restitution of their ancient rights and immunities, as the people in England now did a reform in parliament; but they were treated with meglect and scorn by the Austrian government. What, in the issue, was the result of this contempt and haughtiness? as soon as the French carried their victorious arms into that country, the power of Austria fell before them: the people flocked to their standard, and preferred submission to a foreign conqueror, to the slavish subjection required of them by a family descended from their ancient sovereigns. The history of Holland spoke the same language; and that of America held up a precedent of which a British ministry ought, on the present occasion, to be earnestly re

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minded. He concluded by saying, that, "the friends of kings would never be quict until they had destroyed all the royal governments; the loss of their people's affection, and of their power, had uniformly arisen from the pernicious counsels of those friends."

Mr. serjeant Adair maintained the reality of a conspiracy, from the constant language and transactions of the popular societies: though, possibly, not yet guilty of treason, they bordered upon it; and government acted wisely in taking timely alarm, and obviating evils, which, if left unchecked, would rapidly have become irresistible. It was through the seasonable interposition of government, that the enemies of the state were still so weak in number, and so insignificant in character.

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The principle of punishment upon suspicion was reprobated by Mr. Fox, as incompatible with the law, and with the spirit, of the English constitution: it was the principle of all the tyrannical govern ments in existence. The suspension of the habeas corpus had only that treason in view which was clearly defined by the statute of Edward III. but, if constructive treason were once admitted, any species of misdemeanour might come under that interpretation. So strong and positive had been the acquittal of the persons lately tried, that government was completely de. ferred from farther prosecutions. It was asserted, by the supporters of ministry, that the reasonings of opposition, against the suspension, were few in comparison of those that militated for its propriety; but, if few, said Mr. Fox, they were apposite to the case; they were founded upon law, the best of all

reasons. He denied the disaffection imputed to the opposers of ministerial measures: to these, he allowed there were multitudes of enemies; but these the truest friends to the constitution, and to the means of its duration; the most efficient of which means, was to treat the people with lenity, and to restore to them that safeguard of their constitutional freedom, the habeas, of which they were so causelessly deprived. Discontents would always exist; but that was no argument for wrath and resentment at a whole, community. The loyalty of the people at large was unquestionable; they had hitherto submitted to the executive power, without the least shadow of resistance; their desire of a reform in the representation was well founded, and ought to meet with compliance, before discontents rose to an alarming degree. Parliament, though elevated to the supreme authority of legisla tion, should remember who exalted them, and consult at once the interests and the wishes of their constituents. When opinions became general in a nation, its rulers should act conformably to them; as it could not reasonably be supposed, that the body of an immense people were not able to judge for themselves so well as those whom they deputed and authorized to act for them, merely to prevent turbulence and confusion. It were a happy circumstance for nations, if their rulers would more frequently condescend to receive impressions from them: had not the British government unfortunately disdained such im. pressions, Britain and America would, at this hour, be but one people. Inauspiciously for states, these impressions were usually felt

too late, and when the retrospect of past errors forced them upon ministers and their followers; but then they served only to fill them with repentance at their haughtiness and folly. Till then they persisted in scorning to place any advice on a level with their own councils, and in giving these an exclusive prefer. ence, not only to the admonitions of all other men, but to the experience enforced upon them, by the disasters arising from their own obstinacy.

In support of the suspension, it was argued by Mr. Pitt, that it was a constitutional remedy, the application of which had always proved effectual in cases similar to the present; it was prudent, therefore, to apply it before the evils apprehended became incurable: prevention was proverbially preferable to cure. Through the measure proposed, the revolution that seated William on the throne was confirm ed, and the accession of the house of Brunswick secured. The times required that a discretionary power should be lodged in government, and that a speedy execution of measures should follow the determinations that circumstances pointed out as indispensable. Were legal proofs of inimical designs to be waited for, they might be carried into execution with the most fatal facility, as they would then be only known by being executed. It were nuIt were nu gatory to deny the existence of hostile projects to the constitution; allowing that nothing had been strictly proved, all nevertheless was suspected that had been alleged against, the parties accused. It would, therefore, be unpardonable in government to remain inactive in the midst of so much danger.

This was the greater, for the industry and art with which it had been kept out of the reach of legal proof; for that was the utmost that could be affirmed of the conspiracy alluded to; in every other respect it was evident and notorious. Those who were parties, those who were privy to it, did not, in general, scem in the least anxious to conceal the plans they had in contemplation; they did not directly avow them, but their hints and insinuations were easily comprehended, and left no room to doubt of their intentions.

The actual necessity of the suspension-act was denied, by Mr. Grey, on the ground that no prececedent could be cited of its being put in force, unless in cases of manifest and pressing danger to the state, or to the person of the sovereign. Neither of these could now be said, with any propriety, to be exposed either to public or private machinations, worthy of the least attention. To pretend apprehensions, while none were entertained, was a deception which could not be practised upon the public, without weakening its confidence and attachment: the preservation of which depended on the openness and candour of its rulers, but would irrecoverably be lost, whenever so unwarrantable an imposition was detected. The suspension-act was justified, it was said, by the necessity of guarding against jacobinism; but how could the seizure and imprisonment of individuals prevent the propagation of their principles? experience, in all ages and countries, had invariably proved, that harsh treat. ment had always a contrary effect. Public murmurs were not to be si■ • lenced by such means; the discon. [M2]

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tents of nations were not produced by the writings of men, but by the bad conduct of governments. While these acted irreproachably, they might safely bid defiance to calumnies and misrepresentations.

The debate continued till three in the morning, when the bill for the suspension was carried by two hundred and three votes against fifty-three.

In the house of lords, much the same arguments were used for and

against the bill. The speakers in its support were lords Grenville, Carlisle, Warwick, Hawkesbury, Spencer, Sydney, Auckland, Hay, and the chancellor, with the dukes of Leeds and Portland. Its opposers were the dukes of Norfolk and Bed. ford, the marquis of Lansdowne, and the earls of Lauderdale and Guildford, who, on the bill's passing, entered a protest against it, conceived in the strongest and most animated terms.

CHAL