his judgement on a point of fo much magnitude and importance. It had been alledged, that there was no precedent for fuch a licence in official conduct. But he would put the question, whether there was ever any preceding instance which gave the fame authority for adopting fuch a measure as the poll of Westminster? Did the history of election afford an example of fuch a poll? It was a poll which had commenced at the carlieft legal period, and had been protracted to the laft legal hour. It had been taken in confidence of a scrutiny by all parties. On this idea votes had been admitted. In proof of what he faid, he could fafely appeal to the fentiments of the candidates, and to the different papers which had been iffued during the period of the election. There was one production of this kind which was, no doubt, false, forged, and fabricated, but which evidently proved this, and which he would read to the Houfe. Here he produced the Gazetteer, a paper which he read daily, containing an advertisement, affuring the electors of Westminster, that a scrutiny would be demanded, and figned by a gentleman of the name of Mouler, who he did not doubt was intimately connected with the defigns and intentions of the party. This advertisement evidently fhewed, that a fcrutiny was an original idea belonging to one party in the Westminster election, but which feemed now to be by the fame party abandoned. He could fuppofe many cafes, in which the concourfe of voters might be fo great, and other circumstances of embarraffment might intervene, fo as to render a fcrutiny of votes during the poll abfolutely impoffible. He did not mean to apply any of his fuppofition on this fubject to the Westminster election; but the number of voters might at an election be fo Multitudes might be dragged in from all quarters Perfons of the moft questionable description might appear as voters, tag-rag and bob-tail, fo as to render an immediate fcrutiny during the progrefs of election impoffible, and a fubfequent one abfolutely neceffary. In all fuch cafes, the conduct of a High Bailiff, acting as the High Bailiff of Westminster had done, was defenfible, and could not be blamed. Cavillers might talk of law and of statutes, but there was neither law nor ftatute, that could bind or compel a man to do what in his confcience he could not do. This was a fpecies of arbitrary compulfion which was wholly unjustifiable. numerous Sir Sir Thomas Davenport fupported Mr. Lee's motion; he Sir Thomas combated Sir L. Kenyon's argument drawn from the ana- Davenport. logy to writs from the Courts below; and he faid, that if a Sheriff, having orders to fell the property of A, which he feized, but doubting afterwards whether it were really his property or not, returned this special matter, fuch a return would be bad; this he maintained as a lawyer; for the Sheriff ought to get an indemnity from the plaintiff, and fell the goods at all events. He then made fome jocular obfervations relative to a fcrutiny, which had really attended the poll for the laft fourteen days, as the votes of the Master of the Rolls, and of a certain noble Lord (Mountmorres) had been very ftrictly fcrutinized. At eight o'clock the Houfe divided, when there ap- 283 136 This point being fettled, Mr. Lee moved, "That. "Thomas Corbett, Efq. Bailiff to the Dean and Chapter "of the collegiate church of St. Peter's at Westminster, "be ordered to appear at the bar of the House of Com"mons the next day;" which was ordered accordingly. This queftion being difpofed of, the Speaker called the attention of the Houfe to His Majefty's moft. gracious fpeech. The speech being read, Mr. Hamilton rofe, and in a speech of fome length ex- Mr. Hamil. patiated on the various topics contained in the fpeech. He ton. dwelt on His Majefty's paternal attention to the sentiments of his People on the late diffolution of Parliament. The principles and conduct of the Houfe of Commons were different from those of the nation at large. The fentiments of the People had been carried to the Throne, and His Majefty, with that condefcenfion which diftinguishes his character, had been graciously pleased to liften to them. Measures had been adopted by a late Ministry, unfriendly to the conftitution of the country, and the prerogatives of the Crown Attempts had been made to touch the charters of an extenfive trading Company. These attempts had given a general alarm, and it had become abfolutely neceffary to diffolve a Houfe of Commons, who, in oppofition to the fentiments of the nation, and the principles of the Conftitution, patronifed the views, and countenanced the measures of men who had become obnoxious to the kingdom. He trufted that the prefent Houfe of Commons VOL. XV. would E - would justify, by their conduct, the decifion of a gracious Sovereign in fo important á point, and at fo momentous a crifis. He dwelt on the character of the present Minister; in him the fondeft hopes of the People were repofed; he was a person whofe character merited public patronageHe had confecrated that period of early life, which by others was commonly fquandered away in idle frolic, in youthful diffipation, to profitable study, and to the service of his country He was not one of those characters, who having diffipated their fortune, ruined their conftitution, and prostituted their powers, had entered those walls for the purpose of political traffic, for the purpose of repairing their finances, or from the motives of ambition and agrandisement-He had not come to offer the dregs of his being to the service of his country; he had confecrated to it the firft fruits of existence. There was therefore every thing in his character to conciliate the confidence of the People; notwithstanding the calumnies which had been raised and propagated against him, this he had fortunately obtained. He congratulated the Houfe on the event It was a prefage aufpicious to the interefts of the country, as it tended to ensure the prefervation and continuance of their privileges, which had been attempted to be violated. His right honourable friend had been accused of being the champion of one branch of the Legislature, in oppofition to the other; of the aristocratical influence of the kingdom, in oppofition to the interests of the Houfe of Commons; but he knew, and the nation knew, that these affertions were unfounded. His right honourable friend was not the champion of the Houfe of Peers; he was not the champion of the prerogative; he was not the champion of the Houfe of Commons; but the champion of the Constitution. He then moved, "That an humble addrefs be prefented to His Majefty, "to return His Majefty the thanks of this House for his "moft gracious fpeech from the throne: "To affure His Majefty, that we are animated with "thofe fentiments of loyalty, and that inviolable attach"ment to our excellent Conftitution, which are, we truft, "infeparably united in the hearts of his faithful fubjects: "That we acknowledge with the warmest gratitude and fatisfaction, His Majefty's wifdom and gratitude in re"curring, at fo important a moment, to the fense of his "People; and that we truft, fo feafonable an exercise of "the "the power entrusted to His Majefty by the Conftitution "will not fail to be attended by the moft beneficial and "happy effects: "To affure His Majefty, that his faithful Commons will "be ready to take proper measures for the application of "the fums voted in the laft Parliament, and to grant fuch દ farther fupplies as may appear to be neceffary; having "the fulleft confidence that all His Majefty's fubjects will, "from loyalty to His Majefty, and zeal for the interests, of "the country, be ready to fupport thofe heavy burdens, "which, in confequence of a long and expenfive war, are now unavoidable, and will be fenfible of the neceffity of "effectually providing for the maintenance of the national "faith and the public credit, fo effential to the power and "profperity of the State: To affure His Majefty, that we fhall apply our utmost "attention to the means of preventing the increafing frauds "in the revenue; that we fhall alfo take into our most fe"rious confideration fuch commercial regulations as the "prefent fituation may immediately require: "That, in our deliberations on the affairs of the Eaft"India Company, fo deeply connected with the general "interefts of the country, we fhall be truly anxious to pro"vide for the good government of our 'poffeffions in that " part of the world: That we shall be careful never to lofe "fight of the effects which any measure to be adopted for "that purpose may have on our excellent Conftitution, and "our deareft interefts at home: "That we are deeply penetrated with the gracious and parental expreffions of His Majesty's affection and good"nefs to his People, and have the moft dutiful reliance on "His Majesty's royal attention to every object of national "concern, and to the true principles of our free Constitu"tion, which can only be fecured by maintaining, in their "just balance, the rights and privileges of every branch of the Legiflature." Sir William Molefworth faid, his honourable friend had Sir William Molefworth fo ably argued the addrefs he had moved, and fo fully justified all its parts, that although he begged to have the honour of feconding the motion, there was little occafion for him to take up the time of the House at that late hour with any arguments upon the subject. Sir William, for this reafon, contented himself with declaring that the address had his entire concurrence; that he highly approved the fenti E 2 ments Surrey. ments of loyalty and gratitude that it expreffed to His Majefty for the parental care manifested by him in his late' appeal to the fenfe of his People, and therefore gave it his hearty fupport. The addrefs having been read from the Chair, The Earl of The Earl of Surrey faid, he had hoped that Ministers would have come forward on that day with such an address, as fhould have paffed the Houfe unanimoufly, and not have afforded the leaft grounds for disapprobation and diffent. That it was far from his intention or defire, to find any fault with the panegyric which the honourable mover of the addrefs had thought proper to pronounce on the prefent Minifter; no man admired the talents of that right honourable gentleman more than he did, nor was there a perfon within those walls who more fincerely wished the right honourable gentleman a fair opportunity of difplaying his great and diftinguished abilities with advantage to his country and honour to himself; of his integrity he was fully persuaded, and of his determination to preserve his high character free from reproach and impeachment of every kind, he had not the smallest doubt; but as he had been bred up under the notion of conftantly entertaining a degree of jealoufy of the conduct of Ministers, he hoped he might take the liberty, without being thought invidious, to declare, that he did not concur in that part of the addrefs which commended and thanked His Majefty for the late diffolution of Parliament. It had been his determination very foon to have come forward with a motion for purifying the ftate of the representation of the People, and of reforming that Houfe, had the late Parliament been fuffered to continue but a short time longer. Had that motion been made, and been made with the fuccefs which he might, with the affiftance of the right honourable gentleman at the head of the Treafury, have been able to procure, he fhould have then been warranted to agree with the argument of the honourable gentleman who had moved the addrefs, that His Majefty, by the late diffolution of Parliament, had appealed to the fenfe of the People. As the ftate of reprefentation ftood at prefent, he could by no means accord with this pofition, nor for a moment even admit that the real and genuine fenfe of the People could be collected by any fuch means as a diffolution of Parliament. So far from it, the People had only been nominally concerned in the bufinefs, 4 |