Page images
PDF
EPUB

and if it had been merely a severe lecture upon their past conduct he owned he would not have been sorry. During the last 20 years, a period distinguished for the most momentous occurrences that ever called for the in erposition of any body of men, the court of common council had scarcely ever exercised its right of petitioning or remonstrating, except some years ago on the occasion of the high price of provisions, when they petitioned for convening the parliament. But during all that time they not only did not omit, but eagerly sought for occasions of congratulation. 'They were ever forward to shew their zeal for prerogative and the rights of the crown; but no anxiety appeared to guard the privileges of the other branches of the constitution. "The glorious independence of the crown" was the constant cry; but when had their voices been raised for the glorious independence of the houses of lords and commons? Occasion was then taken in the answer, to remind the corporation, "that it was inconsistent with the principies of British justice to pronounce judgment without previous investigation." How it was possible to construe the Address, so as to imagine that it had pronounced judgment previous to investigation, he did not know. It called for inquiry certainly; it called for panishment on the guilty, without pretending to point out where the guilt rested. That was the matter to be investigated; and if no guilt was found, then, of course there could be no punishment. He himself bad moved a petition for an inquiry into the business at the Heider; and this was op. posed on the ground that the ministers of the crown would certainly institute one without any cali from the court. A worthy colleague of his said, that the motion was unfortunately full of truths, but then it was unnecessary, Another member however moved a resolution, that the motion was a disgrace to the court, and an insult to the crown, and, incredible as it might appear, the court was so constituted at that time that be carried it. From the nols and gestures of the gentleman opposite (3. Dixon), he supposed he would have done the same thing with respect to the last Address, if he durst have done it. When we were told that the church and our holy region were in danger, the court went up with an Address, although the danger, supposing there had been any, was known to be over, for his majesty had by that time dismissed ins then ministers, and chosen tae present "No Popery " administration. That gentleman wad then no objection to go

up with what, according to his principles, might be called an unnecessary address, and yet he treated this subject with levity. How, in the present circutaistances of the country, a matier of this importance could be so treated by a person in his senses, he was at a loss to conceive. When our arms by laud were attended with such constant disasters, and these sometimes following victories, it was time to exercise our constitutional privileges of pentioning for inquiries with vigour and perseverance. But it was said,

that recent circumstances might have convinced us that his majesty was at all times ready to institute inquiries, on occasions in which the character of the country, or the nonour of his arms were concerned; and that the interposition of the city of London was unnecessary.' He supposed the allusion must be to general Whitelocke and sir H. Popham. But yet it was perfectly well known, that though the greatest attention and ingenuity had been shewn in squeezing money out of the pockets of the people, it was found almost impossible to prevent the embezzling of their property, or to get the offenders brought to justice. The strongest attempts had been made to prevent the bringing of lord Melville to trial; and the business of Alex. Davison had not as yet been publicly investigated. He had been told that ministers would institute an inquiry into the business at the Helder, but no investigation had taken place and would they be more earnest to institute an inquiry into the causes of the Convention which they had announced as a victory, than into the business of the Heider, which had been allowed to be a great calamity? The situ ation of the army in Holland had been, according to the account of officers who were there, the most horrid that could well be imagined: men perishing in the snow, amidst plains where they could have no shelter, with other circumstances almost too shocking to de-cribe. Yet no investigation had taken place into the causes of the eva cuation of Holland. What need he mention the case of Quiberon, where arms for 28,000 had been delivered by us, and afterwards turned against ourselves? What need he mention the affair at Ferrol, where the inhabitants were seen coming out humbly with the keys by 18,000 men who bad landed, as if to take a survey, but where the keys being taken for guns, the whole army was hastily embarked? No inquiry

has been instituted into these disastrous events. Expensive expeditions were every now and then proposed, trusting to clance

-to act as Britons, and have shewn themselves unsusceptible of that patriotism so es sentially necessary for the preservation of their liberties-the maintenance of their notional honour-und the independence and security of his majesty's crown and dominions. -They cannot, therefore, sufficiently express their concern, that they should, by any sug gestions, have met with obstruction and reprehension in the exercise of this undoubted and invaluable right.-That they particular.

for an object; and were the people who bore the expence to be obstructed and reproved for calling for investigation as to the mismanagement of these expeditions? Many other cases might be mentioned, if it were necessary. As to general Whitelocke, it was not to this day known who had procured his appointment. All that was known was that he had been appointed under one administration, and brought to trial by another. Sir H. Popham had been appointed by one, brought to trial by another, and after being repri-ly regret that his majesty should have been manded by a court-martial, was again taken into favour by a third. Lord Melville, to be sure, had been acquitted-very properly, no doubt he could not now contest that-but, notwithstanding the very considerable minority against him, and the resolution on the journals of the house of commons, he was taken into favour at court, and had a considerable share in advising the measures of the present administration. If the same system were pursued in our army as in our navy, the same consequences would follow. The men were the same; the difference was only in the way of managing them. Sensible of the importance of promoting inquiries by every possible means, he could not but think the answer to the petition of the city of London very ill-judged, to say the least of it. He would therefore move the following RESOLUTION, VIZ.

advised to express a hope, That recent sc currences would have convinced them, that his majesty is, at all times, ready to institute inquiries on occasions in which the character of the country, or the honour of his arms is concerned; and that the interposition of the city of London could not be necessary for in ducing his majesty to direct due inquiry into a transaction, which had disappointed the hopes and expectations of the nation.-Bcause it appears, that during the eventful period of the last 15 years, various enter prises and expeditions have been undertaken,

[ocr errors]

in which the character of the country, and the honour of his majesty's arms were con cerned,' which have grievously failed, and

disappointed the hopes and expectations of the nation, and into which due inquiry, has not been made. That in one of the recent occurrences to which his majesty's Answer re

Resolved. That his majesty's Answer be en-fers it is not known, even at the present mo tered upon the Journals. That at the same time this court cannot forbear declaring it as their opinion, that the Address and Petition presented to his majesty by this court, on Wednesday, the 12th instant, was conceived in the most dutiful and respectful terms; that it is the undoubted right of the subject to petition, and that this right ought at all times to be freely exercised in all matters of public grievance without obstruction or reproof-That they are, therefore, at a loss to know by what construction of their said Petition, however strained or perverted, his majesty's advisers could attribute to them any intention or desire to pronounce judgment without previous investigation.'-That they are equally at a loss to know why his majesty's advisers should have deemed it necessary to remind them,

That it was incon

sistent with the principles of British justice,' unless to throw an unmerited odium on this corporation, and raise a barrier between them and the crown, on all occasions where their object is free and constitutional inquiry. -That had this court refrained from expressing to his majesty their feelings at the humilisting termination of the campaign in Portugat, they must have ceased to fiel-to think

ment, by whose advice the commander in chief was appointed, or on what account such commander was selected.-That during all these calamitous events, and wasteful profu." sion of blood and treasure, the public bar, thens have been patiently borne, and his ma jesty has not been called upon by the interposition of the city of London' (if their humble supplication must be so termed) to institute inquiries into these failures; although it appears to them that such interposition might have been highly necessary and bene ficial to the country, and by promoting due inquiry' precluded the necessity of their late application.-That during these unhappy reverses, and while his majesty's subjects submitted to so many privations, the most shame ful and scandalous abuses and peculations have prevailed; into which due inquiry has not been made so as to bring to justice such great public delinquents.-That whoever advised his majesty to put so unfavourable and unwarrantable a construction on their late Petition, has abused the confidence of his sovereign, and is equally an enemy to his majesty and the just rights of his peopleThat they do not attribute guilt to any one, much less do they pronounce judgment with

out previous investigation. They ask for investigation, prompt and rigid investigation, and the punishment of guilt wherever it may be found.

Mr. S. DIXON insisted, that the Answer ought to be entered separately, and asked the recorder, whether this was not the usual practice? The recorder replied, that it was the practice to propose the motion for entering the Answer separately first; and if any thing was intended to be added, to move it as an amendment.-Mr. Waithman observed, that he would contend against all the lawyers in Westminster Hall, that the court might do as it pleased, as there was no standing order on the point. This was at any rate an extraordinary occasion, and required an extraordinary proceeding.

Mr. QUIN said, that he offered himself to the notice of the court, divested of all prejudice either for or against ministers. Of many of their great foreign measures he approved; he was sorry he could not say so much for their domestic proceedings. He appeared simply as a representative of the citizens of London, to guard their honour and protect their privileges as far as lay in his power. The answer to the Address was undoubtedly to be regarded as that of the ministers, since, constitutionally speaking, the king could do no wrong. The sources

of the prerogative were so pure, that it was given only for the good of the people. It was then the answer of the ministers, and he believed it might be considered as the answer of the noble lord, by whom it was delivered. That was a melancholy day for the court in one sense, but it was a glorious one in another. They had left their own place of meeting to tell the truth; they had left the advisers of the answer, not with sorrow, but disdain and contempt. The cause for which they had petitioned was great and noble. They had done their duty in presenting the address: the shame of the answer rested with others. There were three points in that answer, which appeared to him to call particularly for animadversion. In the first place, he should have thought that it was unnecessary to tell the corporation of London," that it was inconsistent with the principles of the British constitution to pronounce judgment without previous investigation." This was a truism with which every one was acquainted; and if the answer should appear without the address, posterity would be apt to think the common council of this day destitute of common sease. But perhaps it was thought that the Opinion of the corporation on the transac tions in Portugal had been too strongly expressed; but could this be the case with re

[ocr errors]

spect to an affair, which was stated in the concluding part of the answer itself, "to have disappointed the hopes and expectations of the nation? The second point was the observation, that," recent occurrences might have convinced the city, that his majesty was at all times ready to institute inquiries." An investigation had indeed taken place in the case of sir Robert Calder, whose old age had been rendered miserable by a sentence severe in any view of the matter; but most severe when contrasted with the easy escape of many others. Did the noble lord, who delivered the answer, recollect the transactions of the last fifteen years? Did he recollect the retreat at Dunkirk, and his own projected march to Paris? at these events and their consequences, did In looking is not appear necessary to call for inquiry? The royal duke at Dunkirk commanded 40,000 men. It was discovered at length that heavy artillery was wanted; and when this was sent, it was found that the balls did not suit the calibres. Why was there no inquiry into all this? When Holland was

evacuated, the army had in December performed a march of ten weeks to Bremen-a thing in them equal to the retreat of the ten thousand; and all this while the royal duke was at head-quarters at a considerable distance. On another occasion, when an expedition was sent into Holland, it was found that the army wanted a commander, the royal duke being in London. The command was taken by one who had since gloriously fallen in his country's cause (Abercrombie) and success attended his course. The royal duke at length arrived: he had 50,000 men under his command; the conclusion was a capitulation, with a stipulation to deliver up 8000 French captives, and these their best seamen! Why was there no inquiry into this? Why was there no inquiry into the causes of the failure of Ferrol? Our soldiers were of the same character with our seamen ; but the effects of their exertions were constantly liable to be tarnished by the mischievous system of secret courts of inquiry instead of open courts martial. The third point was, that the interposition of the city of London was unnecessary." What strange crime did the noble lord suppose the city to have committed by this interposi tion? Other places, however, in spite of his intended check, had chosen to partake in the guilt. Winchester had interposed-so had Westminster, Berkshire, &c. In 1621 the parliament remonstrated with James I. who had come from Scotland re

* See Cobbett's Parliamentary History of England, Vol. I. p. 1338.

plete with despotic notions, about the system of policy which he pursued. The reply was, that the parament ought not to interpose in any prerogative matter, except the king was pleased to desire it." This prerogative extended to all points of the king's public duty

Such was the notion of the right of interposition under the Stuarts; and the noble lord who delivered the answer appeared to have taken his ideas on the subject from this source. The city of London, therefore, ought not to interpose unless his majesty was pleased to desire it! But it ought to be recollected, that these despotic principles drove the Stuarts from the throne. Had Magna Charta-had the Bill of Rights, and the other great documents securing our liberties, been forgotten? Had the noble lord looked at the first of William, where the right to petition was recognized? In Russia a regulation had once been made, that no petition was to be presented in the first instance, except to a minister. It was then to be presented to a second; and lastly, it might be presented to the sovereign himself, but it was at the peril of the life of the petitioner. Were we to be driven to this pass? In the reigns of Henry and Elizabeth, even while the constitution was floating between life and death, the answers were less insulting than that now read. Even Charles the first had treated the Remonstrance of the City of London with more respect Το keep the truth from the ear of the sovereign was the surest way to bring a government into contempt. This had lately been exeraplified in the case of Spain. We ought to learn wisdom from experience. The ministers received flattery with smiles, but turned up their noses to the truth. It became the court, however, to have a due sense of its own dignity, and to act as be came the representatives of the city of London, not with a view of pleasing any ministers, but with a single eye to the common weal. This, he hoped, it would do on the present occasion. The whole of the motion of his worthy friend had his hearty con

currence.

Mir. DIXON said, that no person could be more anxious than he was to sup port the dignity of that court, but, at the same time, he was anxious not to detract from the dignity of the crown, and the respect it was entitled to receive from every denomination of the subjects of these realms. The hon. gentleman who had just

sat down had informed the court, that their Addresses went in general to tell his majesty what he already weil knew, namely, of the attachment of that court to his crown and diguity. The hon. gentleman, however, with all his declamation, had only told the court what they already knew, and what a boy at school deserved to be whipt if he did not know The other gentleman had, as usual, been lavish of his abuse of him. He forgave him for it on this day, on every day past, and on every day to come; all he begged of that genikeman was, that he would never praise him! He contended, that it had been the invariable practice ci that court, on every occasion when an Anse wer to an Address was received from his majesty, to move simply that- the answer be entered on the journals of the court; and if any declaration were meant to accompany the answer, then to move such reso lution, as an addition or amendment to the original resolution. He read a case in point, to shew that this had been the practice. I was not his intention, at picscht, to enter into the merits of the resolution; with out signifying either assent or disappro bation to the terms of that resolution, he should content himself with now moving, that the whole of the resolution after the word that be contred for the purpose of inserting the words that his majesty's most gracious Answer be entered on the jour "Dals of the court." After this resolutica should have been agreed to, it would still be in the power of the hon. gentleman to fly low it up with his present resolution, or any other which he might think proper to prost pose.

[ocr errors]
[ocr errors]
[ocr errors]

The Recorder here again read the origin and amended resolutions. In doing so he t a lapsus described his majesty's answer as grievous" instead of gracious," and thereby occasioned considerable laughter in

the court.

[blocks in formation]

Printed by Cox and Baylis, Great Queen Street; published by R. Bagshaw, Bow Street, Covent Garden, where former Numbers may be bad: sold also by J. Budd, Crown and Mitre, Pail-Malt

VOL. XIV. No. 20.] LONDON, SATURDAY, NOVEMBER 12, 1809. [PRICE IOD.

"It is time, that some men have been kicked into courage; and this is no bad hint to give to those who are go forward and liberal in bestowing insults and outrages on their passive companions."BURKE: Letter 1. Regicide Peace.

737]

em

SUMMARY OF POLITICS. CONVENTION IN PORTUGAL.From a estion of a mere military nature, fungale ronduct, the merits, or the debeats, of the Arthur Wellesley, Sir Harry Sarrard, and Sir Hew Dalrympie, this has, consequenre of the subsequent conduct the ministers, grown into a question of prat political importance. From the first, In the tardy reluctant publication of the Estraordinary Gazette, and especially from he partial manner, in which that publication as made, it became evident, that the miisters, though they had not the courage to tend the Convention, had determined to arcen, if in their power;' had determined

endeavour to screen, their colleague, Sir Arthur Wellesley; and, from the momeat that the citizens of London received The rebuking Answer, all men were convinced, that the king had been advised to ein conformity with that determination. I then became a clear question, whether the ministry had the power of defeating the wales of the whole nation, or not. The

with voice unanimous; with an nimity as perfect as that of their sorrow for can c'esth of Lord Nelson; with ench an unanimity, the nation declared the Convention to be infamous, and with a like unanimity, they called for a speedy, fair, impartial, and open trial of those, who had made that Convention, who had done the deed, which they deemed to be infamous. Sach, and no man will attempt to deny it, were the feelings and wishes of the whole Dation; feelings and wishes entirely unconnected with any motives of a party or political nature. Having but too much reason, however, to suspect, that the ministers, Kom motives of their own, wished and intended to screen one, at least, of the parties concerned in making the Convention, that pirt of the nation, which generally takes the lead upon such occasions, appealed to the justice of the king himself; laid before him, in language and manner the most respectful and humble that could possibly be conceived, a statement of the nation's wrongs, to which they added a prayer, that he would take measures to do it justice. To this they received an answer of rebuke

די

[738

The

for what was called their unnecessary interposition; and, they received no positive assurance, that even an inquiry of any sort should take place, much less an assurance, that such an inquiry, that an inquiry of a kind calculated to insure them justice, should be instituted. Here, then, the ministers and the people were at issue. question now became, whether the ministers were able to do that which the whole nation disapproved of, or not; which question still remains to be determined.- -A COURT OF INQUIRY is, indeed, said to have been ordered; that is to say, an inquiry to settle the question, whether there be any grounds for putting the parties upon their trial. This is something gained by the people and the press from a ministry, who had caused a firing of cannon and an illuminating of houses at the receipt of the intelligence of the Convention; this is something gained from those, who, from the outset, appeared resolved to screen one, if not all, the parties, concerned in making the Convention. But, it is not what the nation wished and expected. It is only in cases where there exist slight grounds to presume guilt, that Courts of Imani y are held; and the only use of such courts, is, to save unnecessary trouble; to save the trouble of putting upon their trial persons, against whom there appears to exist no' evidence of guilt worthy of attention. In the case of SIR ROBERT CAIDER whɔ with an inferior force, beat the enemy and took two of their ships, the delicate mode of a previous inquiry was not adopted. Iu the case of COLONEL COCHRANE JOHNSTONE, against whom not a particle of evidence tending to criminate him was produced; who was not only not proved guilty of any, even the slightest offence, but who proved himself to be innocent of every charge that had been hatched and bred no against him; in the case of this gentleman, the Duke of York did not advise the king to institute a previous Court of in-quiry. Colonel Cochrane Johnstone, who proved all and every one of the alleation s against him to be faise and mylicious, was sent, at once, before a COURT MARTIAL, where the members are sworn end!

« PreviousContinue »