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ture and dangerous tendency of the bill in question: and he hoped they would have produced the abandonment of his project.

The honourable gentleman who fpoke laft, agreed to the measure, because he was defirous of handing down the liberties we enjoy unim paired to pofterity. He had unfortunately to remark, that the bill in queftion was one of the first to deftroy those liberties. Mr. Sheridan remarked the evident contradictions of minifters and their adherents refpecting the loyalty of the people. Mr. Jenkinson had afferted at the opening of the feffion, that one bleffed confequence of the war was, that it had eradicated French prin ciples: it now appeared that this affertion was erroneous, and that, after a year of famine, and another approaching, these principles were more and more extended. He re minded Mr. Alderman Lufhington, who had declaimed against reform ers, and protefted againft locking up his intellects in a strong box in deference to his great grandfather, that he had once been an advocate for parliamentary reform; and as he thought that at Copenhagen-house the attendance of a magiftrate was effential, fo Mr. Sheridan thought that the attendance of the honourable gentleman in future with the friends of the people, which was a name he had probably an averfion to now, would be of very great advantage, as they should not only have the attendance of a very zealous reformer, but a magiftrate in the fame perfon, only they might wifh to difpenfe with his bevy of conftables.

Another gentleman (fir William Pulteney) had treated the fubject with levity, by obferving, that in America it was ufual for a magiftrate to attend every public affembly, by way of letting the people

know both fides of the queftion, and fetting them to-rights. Hence it was clear, that in England his worship was not to be appointed to attend all public meetings fo much to take up the orators, as to take up their arguments. He hinted at the depreffed state of those inhabitants (Westminster for inftance), whofe difcuffions upon public grievances were liable to be put an end to by magiftrates who were penfioners, and mere dependants of the minifter. With regard to the affault upon his majefty, he believed in his foul and confcience that all the tumults had been raised by that immense army of Spies which had been dif banded. He concluded by declaring that he hoped the house would not fuffer such a libel as this bill to pafs; for if it were to pass, he fhould think it unworthy to make ufe of that exclufive privilege which is allowed to the members of that houfe, to be the prattling reprefentative of a dumb and enslaved people.

Mr. Martin faid he believed in his confcience that the right honourable gentleman had taken ad. vantage of what had happened, to roufe a fpirit in the country to fupport the intolerable measures of his government. Every town in England was almost full of foldiers, he had a little time before paffed through Oxford, where he hoped to enjoy a little repofe from the active fcenes of life; but he had heard there more drums, trumpets, and fifes, than college bells. He remembered the day when no member of that house would dare to have propofed fuch a measure as this of the chancellor of the exchequer.

The bill was ftrenuoufly defended by the fecretary at war (Mr. Windham). He had heard much of the liberties of this country being gone: but the affertions were fupported

by

by very little reasoning. The hofourable gentlemen on the other fide of the house had long been too much in unifon with the public meetings referred to in the propofed bill; therefore it was not furprizing that they fhould both think the fame upon the prefent occafion. It was not, however, from fuch opihions that the house was to form its ideas. No man could doubt that a number of men in this country were engaged in designs to fub. vert the conftitution. Certain gentlemen exulted at that circumftance. If the law at prefent did not reach thofe focieties, it was fit that a law fhould be made for them, because their principles went directly to detroy the conftitution. Whether certain doctrines had made a progrefs in the country, and whether they were attended with danger, or were likely to be fo, was the illue between them, and on which he call ed for judgment. He then adverted to the French revolution, and faid that the prefent rulers in France had endeavoured to exterminate all traces of ancient inftitutions, and had attempted to make the world adopt new principles. Was there a country in Europe fafe from the poifon of thefe principles? It was evident there was a fet of men in this country, who openly profeffed an attachment to the French republic, who wished them fuccefs, and only waited for an opportunity to cooperate with them and join them. To fay that the war against France was not juft, was an outrage againit the common sense of every man!!! He added that the progrefs of laws and crimes must go hand in hand. When new offences occur, new laws must be enacted to meet them. The only question was, whether this remedy was to be applied, or whether thofe focieties and their meetings were to be permitted to

9

go on preaching fedition and treafon as much as they pleafed? Theỷ had circulated hand-bills and papers of a nature too fcandalous to be ftated. They mentioned directly the affaffination of the fovereign; and this was followed in a few days by an actual attack upon him. No government that ever existed permitted fuch meetings; and as an argumentum ad hominem, the glorious fyftem of new French liberty did not admit them.

Mr. Grey obferved that the decline and abjuration of violent democratic principles had on a former occafion been much dwelt on, as the happy effect of the war; yet at that moment, the prevalence of thofe very principles was made the ground of the bill proposed by minifters. It was argued in favour of the motion, that the fpirit of turbulence and difcontent was increafing in this country, and the bill intended to be brought in by minifters was thought a neceffary measure to fecure the conftitution from invafion. He allowed that discontents did prevail in the nation; but if thofe difcontents were properly traced, they would be found to have originated from the corruption and folly of minifters, in plunging the country into an unjut war, which produced calamities they were unable to alleviate or redress. He next went into an examination of the proposed bill, and declared that he could not fee any connec tion between the meeting at Copenhagen-houfe, and the outrage which had been committed on his majefty's perfon; fo far from it, he faid, he would rather incur the imputation of acting with those men to whom minifters alluded, than fuffer the motion made that night to pafs without his most marked difapprobation; confidering it, as he did, as an attempt to rob the

peop

people of their deareft rights, and. enflave the nation. As fome of the members on the minifterial fide of the house had alluded to the perfons who were acquitted in the trials for high treafon, Mr, Grey took that opportunity of afferting that he exulted in their acquittal; and confidered that British liberty was in that inftance, by the conftitutional exertions of a jury, refcued from the moft flagitious and daring attack ever made upon it. He believed minifters were deeply affected that they had not fucceeded on that occafion; but it appeared from the prefent motion, that they intended to fecure their fuccefs on a future day." Are not the laws, as they now ftand," exclaimed Mr. Grey," "fufficient to prevent or fupprefs feditious meetings? What tumult occurred in confequence of the meeting at Copenhagen-houfe? The people affembled and difperfed in the most peaceable manner; and the fpeeches delivered there, of which fuch artful ufe has been made, did not excite the least commotion." After fome animadverhons upon the harangue of Mr. Windham, Mr. Grey concluded by obferving that he would embrace every opportunity of opposing this deteftable measure.

Mr. Buxton faid, four or five hundred people had affembled in his neighbourhood, who, he was confident, had not an idea to amend but to overturn the conftitution, To effect this, was clearly the object of moft of thofe popular meetings. He would therefore give his fupport to the bill, but hoped it would be repealed when the neceffity of the times would no longer justify it.

Mr. Montague fpoke a few words; and Mr. Bouverie faid he would vote for bringing in the bill, but fhould oppofe it in its future pro. grefs.

The house then divided on the chancellor of the exchequer's mo■ tion,

Ayes Noes

Majority

ing in the bill.

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172 for bring

Mr. Fox then urged the neceffity of a call of the houfe, previous to the ultimate decifion on a bill of fo much importance. He concluded with moving a call.

Mr. fecretary Dundas had no objection to the call of the house upon this occafion, because he was willing to own, that, unless it was obvious that the bill had the concurrence of the majority of the people of England, it ought not to be paffed into a law, That it would be found to have fuch concurrence, he had no doubt, having been befieged in his office, for months past, with applications for fuch a bill; and it was by the advice of a number of gentlemen, that ministers had at length brought it forward.

The unguarded admiffion of the fecretary of state did not efcape the penetration of Mr. Sheridan, who faid, he could now charge minifters with the most glaring inconfiftency in this bufinefs; fince, in the first instance, they declared the outrage committed on the perfon of the king to be the ground-work of the measure, and immediately afterwards admitted that they had fuch a bill in contemplation before the outrage took place. Mr. Sheridan, and the other members of oppofition who argued against the two bills, clearly inferred from the above conceffion of Mr. Dundas, that this measure was in contemplation of minifters ever fince the acquittal of Hardy and others for high treafon.

The chancellor of the exchequer, after making a reply to the charge

of inconfiftency intimated by Mr. Sheridan, gave notice that the bill would be produced in a day or two; that it would be read a first and fecond time, and go through the committee before the call.

Mr. Grey urged the right the people of England had to expect that a bill of fuch dreadful import fhould at least be difcuffed in a full house; and affured Mr. Pitt, that he fhould oppose it in every legal way, both in that house and with

out.

Mr. Maurice Robinfon joined Mr. Grey in saying that he hoped time would be given at least to utter the last bitter groans of expiring liberty.

After fome obfervations from Mr. Fox and Mr. Sheridan, the house agreed to the motion for a call, which was fixed for that day fortnight.

On the 11th of November, the bill for the fafety and prefervation of his majesty's perfon and government against treasonable and feditious practices and attempts was read to the peers, in a committee of the whole house.

The preamble being poftponed, their lordships proceeded to fill up the blanks, and amend the claufes of the bill, when the words, " malicious or ill-advifed fpeaking," were omitted on the motion of lord Grenville.

The duke of Leeds moved to infert certain words of the ftatute of the 25th Edward Third, which related to the charging of an overt act of treason in the indictment, and declaring it neceffary for that act to be proved in evidence by two witnesses of the fame condition with the perfon indicted, previous to conviction.

This amendment gave rife to a

long and learned difcuffion, in which lord Thurlow, the lord chancellor, the earl of Lauderdale, and lord chief juftice Kenyon, took part. The law of treasons was the principal fubject of argument, which chiefly turned on the question, how far it was requifite to exprefs in the bill, that an overt act should be charged in the indictment for high treason, and of the criminal extent of words. It was agreed, that mere loose words did not conftitute an overt act of treafon; but that words, coupled with an action cor roborative of the defign or menace to kill the king, expreffed in fuch words, was an overt act of treafon, and capable of being fo charged in an indictment for compaffing the death of the king.

The earl of Lauderdale fignified a wish to introduce a claufe in the bill, exempting from the penalties of this part of the propofed bill, the attempts to depofe his majefty from the kingdom of Corfica, or any dominions gained fince the war; but, after fome conversation with lord Grenville and others, he withdrew his amendment.

At length the duke of Leeds withdrew his amendment; and the lord chancellor moved that the words, "or other overt act," should be inferted after the words, "any printing, writing:" which was agreed

to.

Upon the fecond claufe, the duke of Leeds moved, that, in the expreffion, "eftablished government and conftitution of this realm," there fhould be omitted the words "government and," meaning after, wards, his grace faid, to move to infert the words, "confifting of king, lords, and commons." This amendment, he conceived, would prevent the misconstruction which

might arife from the vague and indefinite meaning of the word " go

vernment."

..Lord Grenville and the lord chancellor contended that the amend ment of his grace would rather tend to create than to remove that confufion which it was intended to prevent.

Lord Thurlow, on the contrary, afferted that it was difficult to define, with logical accuracy, the terms government and conftitution. While he reprobated every attempt to vilify or degrade the perfon of his majesty, he confidered the penal enactment of this claufe as too fevere in many cafes to which it might be applied. Was it a mat ter of fuch criminality, as that to which he had alluded, to fay that it was an abufe that twenty acres of land below Old Sarum Hill fhould fend two reprefentatives to parlia ment? Yet, this might be repre fented as tending to create a diflike of the established conftitution, fince under it fuch a cafe exifted. He was decidedly of opinion, that the prefent laws of the country were fully adequate to the punishment and restraint of the crimes which this claufe of the bill was meant to embrace. New acts, and fevere penalties, he thought little calculated to attain the object propofed. He was convinced in his own mind, and his opinion was confirmed by the authority of the ftatute-book, that fevere penal laws could never conduce to the fafety of a prince, or the prefervation of any conftitu tion. His lordship expreffed his difapprobation of the whole of this claufe, as well as of the fucceeding one, which placed the power of profecution in the difcretion of the minifters.

The lord chancellor expreffed his furprize at the opinion which the

learned lord had expreffed. The magnitude of the crimes against which this clause was directed must be obvious to every lord who read or heard of the publications which the prefs teemed with, and which were diftributed daily through the ftreets. In their confequences and utmost extent, they aimed at the fubverfion of every part of the conftitution. They taught the people that royalty was an ufurpation of their rights, and an ariftocracy a nuifance to which they should not fubmit. They laboured to perfuade them that they had no political exiftence; that they ought to affert their own importance; and me. naced the fame evils which this country once experienced, and of which a neighbouring nation afforded a diftinct example. Were fuch enormities, which aimed at the vitals of the conftitution, tod rigorously punished by the penalties of this bill?

Lord Mansfield fupported the opinion of the lord chancellor; and lord Lauderdale, in reply, afferted that nothing he had heard had effaced the impreffion made on his mind by the excellent observations of the learned lord (Thurlow). Inftead of meeting the arguments of his learned friend, the lord chancellor had painted, in glowing colours, the atrocious tendency of the publications in circulation, and had defcanted upon the evils which fuch principles had produced in France, as if the learned lord had been ignorant or infenfible of the criminality of the conduct of such men, and indifferent to the effects it might produce. The learned lord had argued upon the authority of the ftatute-book; and none of his pofitions had been contradicted. Lord Lauderdale faid, it was cafy to conceive that there might be men

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