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what inference was to be drawn from that circumftance? Ought it to be a matter of charge against him, that he did not propofe then to the houle fo weighty a meafure, which gave to the executive power an authority which urgent neceffity alone could defend? or that he was unprepared (without inquiry) for a measure afirmed to be fatal to the liberty of the country, and which had been often ftated, on the other fide of the house, as inimical to a free conftitution? Was it not more parliamentary and becoming, firft to fubmit fuch papers to a fecret committee, and afterwards to call the houfe to the confideration of the fubject? Great dangers exifted not only then, but alio daily circumftances convinced the committee of the prudence and necef fity of the prefent measure. Mr. Taylor had noticed an opinion of the house refpecting a material branch of the conftitution; viz. choofing a committee by ballot. This was certainly the beft plan for a free choice. A committee by open nomination was attended with inconveniences, without the fame advantages. In open nominations, perfons were unwillingly objected to, though fome objections might be propofed from public duty. But here any member might enlift what name he pleased, and erase it at his option. That fact was well known. Thus, every member might ftrike out any name he difliked, and infert any other inftead, without detection. This meafure was condemned by the oppofition, till they were in adminiftration; and thofe who had fometimes forongly objected to this mode adopted it as expedient at others. He therefore infifted on this, as the beft mode of choosing fuch a committee. He

freely acknowledged his regret and difappointment in producing those papers fo near to the conclufion of the feffion. He had hoped that there would be no need of them at this. time. He once believed that fo little difatfection remained, that the measures of former parliaments (which, being weighty, thould not be brought before the house, until examined by a committee) would have been now unnecellary. But he now felt that neceiity, not because difaffection, but the occafion of it, had increased. That fpirit of malignity, ruinous to all orderly fyitems, was ftrengthened by public calamity, and therefore the difaffected had been endeavouring to turre popular diftreffus (occafioned by the high price of provifions) into difcontent towards the flate. The people were not difcontented, but deluded, by being taught that their distrefies arofe from their rulers, and that relief was alone to be obtained by a violation of the laws. Minifters had no diftruft of the people's loyalty. Unless they were loyal, a meafure like this, or any other, would be ufelefs, as it must be fuftained by the good opinion of the virtuous part of the nation, without which the conftitution itfelf were ufelefs. But he afferted that the conftitution, and fuch measures to preferve it, had that fupport; and, being refolved to protect the majority of the people and the conftitution against a few men ready to fubvert it, these meafures were necellary. It was faid, that the people had borne their difficulties well. He admitted it, and rejoiced at it. It was now afked, if these measures were not an ill return for fuch conduct, and whether conciliatory were not preferable to coercive means? He

admitted

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admitted that alfo. But whofe intereft would be confulted by following their courfe who inflamed their paffions by prejudicing them againft government? Were the rich to be conciliated, by telling them that they had preferved their loyalty, that they should not be aggrieved by any acts of parliament, but only left to the rapine of the most defperate among the discontented? Were the poor to be conciliated by telling them that they had borne their difficulties and diftreffes moft patiently, but were now left to the plots of thofe who endeavoured to ruin them? He faid, that the duty of minifters was, firft, to relieve them from fome of their fufferings, and next to advise and direct them wifely; as, not to violate the laws, but chiefly to preferve and always fupport the conftitution-the main object of the prefent measure. It was faid by his honourable friend, that the prefent bill came recommended from other minifters. On that fubject having already spoken, he fhould now be brief. He faid, that it was by the wisdom and vigour of his majefty's late minifters, together with parliament, aided by the fenfe and virtue of the people of England, that any fubject could be difcuffed in that houfe. They altogether fought the battle of the revolution, and obtained, united, a glorious victory. The meafure in queftion was very conducive to that victory. He had never thought of it, however, without anxiety, having always felt that every reftraint on the public was folely juftified by neceffity, which was proved by the country being endangered. He hoped that when that neceffity ceafed, parliament would be more ready to remove fuch reftraints than impofe them;

for our conftitution could adapt itself to all circumftances, as neceffity fhould require an advantage peculiar to this empire. He perfectly knew how fuch measures were met by thofe against whom they were framed, who openly oppofed the conftitution when they were in abeyance; but, when under confideration, the fame men pleaded the conftitution against the measures: they attacked the conftitution fo as to render it neceffary to repel fuch attacks; and then they pleaded the conftitution fo attacked against the fyftem for defending it. The honourable gentlemen oppofite were pleading againft a meafure they thought unconftitutional, bnt which minifters judged neceffary to preferve the conftitution. The other meafure hinted at by his honourable friend being not formally before the houfe, to difcufs it then would be irregular; he was, however, as well convinced of the neceffity of that as of this; he would enter upon the fubject, if gentlemen on the other fide required it. He concluded by again repeating his full conviction of the neceffity of the prefent meafure.

Sir Francis Burdett said, that he、 faw no difference between the late and the prefent adminiftration. He had watched their blood-tracked fteps in Ireland. He had witneffed their wicked edicts, all tending to deftroy the remnant of the conftitution. He knew not what term to apply to the conduct of minifters. There had already been a fecret committee to examine the ground for martial law in England. A vote of credit was now afked by minifters, for deftroying the people's liberties, upon the plea of neceffity. This was a plea to

He which every villain reforted. would not affent to the committee's report, for committees had uttered the moft falfe libels. [A loud cry of "Chair, chair!"]

The fpeaker told the honourable baronet, that fuch language could not be admitted.

He told

their own punishment.
them that it would not be easy to
They
make brave English foldiers tor-
turers and executioners.
fhould remember that fuch acts as
he complained of had ruined the
whole family of the Stuarts, and
were not the lefs oppreffive, be-
caufe they came from thofe who
were bound to protect the people.

Sir Francis proceeded, faying, that his allufion was to a former parliament, which had fuppofed that to be true that afterwards proved falfe. He wished the house to paufe, and reflect on what coercion had done in Ireland. At the end fo little of the American war, tendency to revolt appeared, that 9000 out of 12000 troops were fent The from Ireland to America. probability of an invafion was as ftrong then as now; but yet 60,000 volunteers, felf-clothed, and felfpaid, rofe against the threatened invafion. But while fhe warded off a foreign invafion, Ireland prefented the schedule of her claims, founded on a participation of equal rights. But fince then he had fent delegates to France to invite an invafion. But what then could have effected fuch a change in the Irish? No less than the arts of the Irish parliament, fupported by the wicked policy of the minifters here. The late minifter of this country had spoken of the parliament in terms like his own, when he was for carrying the union. It had been faid, that this change was the confequence of the fpirit of Jacobinifm; which term was now applied to all who afferted the liberties of Englishmen, performed their duty in the house, and kept an eye on the encroachments of minifters and of the crown. This was the Jacobinifm of our old conftitution, infufferable to minifters, who knew there was no choice between their country's flavery and

1801.

The folicitor-general faid, he was not furprised that the report of the committee had no effect on the He other fide of the house. thought Jacobinifm an immenfe evil, threatening exceffive mischief to the civilifed world. The honourable baronet confidered all the measures of government as defigned to overthrow the conftitution. This, however, he was fure was not the language of the people, who confidered them as barriers against that licentioufnefs, which would at once deftroy the conftitution and their liberties. The argu, ments on the other fide the house were fingular. Concerning the war, they entertained the house with long fpeeches to prove the evils of war, which no man ever yet denied. But they threw the odium of it, not on the reftiefs ambition of the enemy, but on the government of this country. The rapine and murders committed in that country they ftyled the exertions of an oppreffed people: and the nobility, gentry, and yeomanry, were confidered as claffes of men leagued against the people; and their exertions for When the their country were either unnoticed or mifreprefented. queftion concerned the meatures of Whether constraint, ftill all the odium was caft on the devifors. thefe gentlemen were offended at the prefent, the laft, or all government, it fo happened that they forward. had oppofed every meature brought

L

forward. If the question were, on whom the odium of measures already found neceffary ought to fall? he would answer, firft on thofe out of the house who had endeavoured to ruin the country; and, fecondly, on thofe within the house, who had encouraged and abetted thefe efforts by their opinions. Thus when the wild theories concerning the rights of man were first adopted out of the house, the rights of man were a favourite theme in the houfe; and, when parliamentary reform covered the defigns of the difaffected out of doors, parliamentary reform was propofed in the house. Thus, the difaffected were encouraged, because they conceived their views and principles to be the fame with thofe of gentlemen on the other fide of the house. He imputed no bad intentions to them; but it might be truly faid, "Catilinæ conjurationem non credendo, corroboraverunt." Thefe circumstances had rendered the adopted measures neceffary. had been faid, that, if fo, government must believe the people generally difaffected. Not lo. They were adopted to guard the foundnefs of the great body from the disease of a small part, and to mark the exact difference between the found and unfound parts of the people. Could it be faid that the people were infulted by measures for their protection? The wicked, whofe bad defigns were fruftrated, might diflike them; but thofe whofe perfons and properties were fecured thereby would be grateful to thofe who fuggefted them.

It

What honeft man ever felt infulted by a law against houfebreaking? Neither would the loyal part of the country complain of being infulted by a law againft difloyalty and treafon. As to the committee not

having the public confidence, it was very unlikely that it fhould have that of the other fide of the houfe. But the question was, if the majority would confide in the report of a committee chofen and entrusted by themselves to make fuch report? He was perfuaded that the house would confide in fuch a committee, and pafs fuch measures as were proved neceffary to prevent a great explofion. What the honourable, gentleman had faid, that perfons accused of treafon might be secured and detained for a time without this meafure, was true; but it went further, enabling government to detain fufpected perfons, who, without it, must have been liberated by a magiftrate on giving bail. He appealed to the honourable gentleman, whether, if his friends had received information of a plan to affaflinate him, he would advife him to delay fecuring the contrivers, or wait for an overt act? Thefe circumstances were fimilar to the foundations of the committee's report. It was fufficient encouragement to the house to adopt the measure, that its good effects had been already tried, and the powers granted by it always exercifed with the utmost moderation.

Mr. Grey faid, that he thought the honourable and learned gentleman had fhown equal judgment and candour in the motives affigned to the oppofers of the meatures of adminiftration. He profefled himfelf one of those who always had cenfured the principles of the war, and the determined averfion from negotiation which the late adminiftration had uniformly fhown. He faid, he ftood perfonally arraigned by the honourable and learned gentleman for having propofed a parliamentary reform at a time when this

was

un

was the profeffed object of the Jacobins to cover their treasonable defigns. He owned he had moved for a reform, because he thought it founded on true wifdom and policy; and was ftill of the fame mind concerning its expediency. But the honourable gentleman preferred that fyftem which, instead of fecuring, abridged the liberties of the country; and has been coercive, inftead of conciliating. He would now afk any country gentleman, after having facrificed fo much of his property to fupport the war, and witneffed the melancholy ftate of the country and the infringements of the conftitution, if he would affirm that the measures purfued were wife or falutary? The queftion before the house was not whether any power ought to be granted to the magiftrates beyond the legal allowance, but whether extraordinary powers, known to the law, fhould be vefted in government without any proof of their neceffity? The committee of fecrecy stated, that an alarming confpiracy exifted in the country; but this was not proved, otherwife than by a reference to the report in 1799, when about twenty perfons of the lowest clafs were taken up on fufpicion of treafonable practices, and confined nearly three years by the act for fufpending the habeas-corpus. The committee then stated, that a dangerous confpiracy exifted; yet no others than thefe twenty were apprehended; and in January laft they were all liberated, on entering into recognifance for their appearance, and not one brought to trial. If fuch a confpiracy had really been, perfons of more confequence muft have belonged to it, and government must have had evidence enough for their trial. He there

fore could not eafily believe that any alarming confpiracy exifted now; for, if there were any evidence of it, why was it not ftated?. The honourable gentleman had not faid, or infinuated, that there was any general difcontent or difaffection among the people. Indeed, never were fuch patience and fortitude, under fuch difficulties, shown by any people. If, then, only a few were difaffected, and the majority loyal, was not the law, as it then ftood, fufficient to punish thofe few? And where was the danger which could warrant the depriving the people of their pri'vileges, which attached them to the conftitution? This was the way to increase the number of the difaffected. It was a true maxim in politics, that danger to the conftitution caufed difcontents; and not that discontents caufed danger to the government. Hardfhips alone produce difcontents. He had referred the house to the calendars of the late affizes, to prove the vaft number of robberies and other crimes to which the people's difficulties had driven them; and, if thefe produced civil crimes, would not political evils impel them to political crimes? But what was the extent of this difaffection? At the beginning of the laft feffion, his majefty took fcarcely any notice of it. The habeas-corpus act was alfo fuffered to expire; which had not happened if any real cause of alarm had exifted. He wished that time fhould be given for inquiring into the neceflity of this measure. He could not agree that choofing a committee by ballot was the best way. There could be no difficulty in nominating twentyone perfons fit for a committee. But to call it the freeft method was ftill more ftrange. It was L 2

well

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