H. O F

LORD S.

April 15.

Heard counfel on the appeal in which John Irving, late provoft of the burgh of Annan, and others, were appellants, and Mrs. Nancy Shortreid, and others, refpondents. Affirmed the interlocutor complained of.

In the Commons, the fame day, balloted for a Committee to try the merits of the Orkney contefted election petition.

Thomas Mafers, Efq. chairman of the Ludgershall Election Committee, reported, that William Afheton Harbord, Efq. and George Auguftus Selwyn, Elq. were -duly elected.

A new writ was ordered to be iffued for the election of a reprefentative to ferve for Ludgerfball, in the room of George Auguftus Selwyn, Efq. deceased.

Mr. Baker faid, he meant to bring under confideration what ought never to be forgotten in that Houfe, their duty to enquire into the juftice and neceffity of all measures, to the fupport of which the money of their conftituents was likely to be wanted. He then contended, that the war we were now about to be plunged into was a war not only unpopular within that Houfe, as was evidently proved by the refpectable and growing minority, but was a war reprobated by the majority of the country. It was his hope that gentlemen would exert them felves to compel the Minister to an explanation; and, until fuch an explanation was made, or until the project was abandoned, he entreated gentlemen to bring the bufinefs forward upon every occafion. He concluded by moving,

"That it is, at all times, the right and duty of this Houfe, before they confent to lay any new burdens on their conftituents, to enquire into the juftice and neceflity of the objects in the profecution of which luch burdens are to be incurred."

This motion if fuccefsful, he meant to follow by another; viz. "That no information had been given to that Houfe which could fatisfy the Houfe that the expences to be incurred by the prefent armament were neceffary to fupport the intereft of this country."

Mr St. John feconded the motion. Mr. Cox confidered the great minority of that Houfe to be a decided proof that the fenfe of the nation was against the war with Ruffia, and should support the motion.

Mr. Carew, confidering the motions

juft fubmitted to the House to be merely an attempt to enforce the propofitions before fubmitted, though in a different shape, he felt it to be his duty to move on them the previous queftion.

Mr. John Elliott feconded the previous queftion.

Mr. Martin, Lord Fielding, Sir James St. Clair Erskine, Mr. Fox, and others, fupported the original motion.

Mr. Yorke, Sir James Murray, the Chancellor of the Exchequer, and others, were for the previous queftion, which was carried: Ayes 254, Noes 162. April 18.

Sir Gilbert Elliott prefented a petition from the General Affembly of the Kirk of Scotland, praying relief against certain claufes of the Teft A&t.

In a Committee on the Slave trade, Sir William Dolben in the chair,

Mr. Wilberforce opened the important bulinefs of its abolition. He reviewed the evidence before the House, commencing with that part which treats of the manner in which Slaves were obtain ed from the continent of Africa. He quoted Governor Parry's letter, who condemned the trade, as having been too long a difgrace to the country, and urged the neceffity of its abolition. He faid, from feveral proofs of the depredations made upon the coafts by the captains of the Slave fhips, he had not a doubt, could the Houfe fee the mifery occafioned by this bloody trade, from the obtaining of the Slaves to their carriage in the Middle Paffage, and to their treatment in the Iflands, that there would be an unanimous vote for its abolition, and that the moft ftrenuous defenders of the trade would abandon it in defpair. He went at fome length into the proof of the mortality it occafioned among our feamen; and, after endeavouring to prove that it would not be finally of any great lofs to the nation at large, moved for a total abolition of the Slave Trade.

Col. Tarleton, Mr. Grosvenor, and Mr. Burden, were against the abolition; Mr. Martin and Mr. Francis were for the motion.

The Chancellor of the Exchequer, wishing to have the bufinefs amply difcuffed, propoled to adjourn the debate until to

morrow.

Mr. Cawthorne and Col. Tarleton objected to the adjournment of the question; but, finding it to be the fenfe of the Houfe, acquiefced; and the Houfe rote at half after eleven o'clock.

April

election of a member of parliament for the town of Lymington, in the county of Hants.

May 6. 1

Mr. Newnham prefented a petition, complaining of the Ludgerfhail election. To be confidered on the 15th of Auguft. The order of the day being read, for the Houfe going into a Committee upon the Quebec bill, Mr. Hobart in the chair, r Mr. Burke delivered his promifed opinion upon the bill then before the Committee. They were about to exercife the higheft poffible act of fovereignty, in the formation of a Conftitution for the government of a confiderable body of men: in doing of which they ought to be well affured of their competence; and it was neceffary to enquire where the right originated that we claimed to legiflate for Canada. If the right of legillation, and of forming governments, was to be guided in this country upon the foundation of the rights of men, it would be an abfolute ufurpation. There was, however, another ground of right to form a government, namely, the laws of nations. Having obtained Canada by conqueft, we had a right by the laws of nations to form a government for her, founded on juftice, equity, and for the happiness of the people. We had the cetion of the former fovereign, and the laws of prefcription; and, on thofe grounds, he was convinced we had a right to make laws for Canada. Having established that right, it would be readily admitted, that we were bound to give them the best government they were capable of receiving, for the promotion of their internal happiness, and the external relation they had to this country. In doing this, fome gentle men might conceive it improper and unneceflary to refort to the experience of antiquity, but would give the preference of refort to the happiness of Paris, to the proceedings of London clubs, and to the Paris lanterns for illumination. Neither would he refort to antiquity; but would take, as the examples on which he fhould argue the Conflitution to be given to Canada, the example of the American, the French, and the British Conftitutions. The Conflitution of America was fit to be confidered, on account of its being in the neighbour hood of Canada; and as we were bound by policy to provide a Conflitution that would give the Canadians no reafon to eavy their neighbours. The American Conftitution was made as agiccable as

the circumftances would admit to the British-the difference between their Revolution and that, of France would bear no comparison; the Americans had what was effentially neceffary for freedom, they had the phlegm of the goodtemper of Englishmen-they were fitted for republicans by a republican education in the form of their government, maintained by a vigilant and beneficent monarch. Their Revolution was not brought about by bafe and degenerate crimes; nor did they overturn a government for the purposes of anarchy, but they raifed a republick as nearly reprefenting the British Government as it was poffible-they did not run into the abfurdity of France, and, by feizing on the rights of men, declare that the nation was to govern the nation, and Prince Pretty man to govern Prince Prettyman. There were in Canada ma

ny

of the antient inhabitants; would it be proper to give them the French Conftitution? In his opinion, there was not a fingle circumftance that recommended the adoption of any part of it for the whole of it was abominably bad-the production of folly, not wisdom-of vice, not virtue; it contained nothing but extremes, as diftant from each other as the Poles-the parts were in eternal oppofition to each other-it was founded on what was termed the rights of men ; but, to his conviction, it was founded in the wrongs of men, and he then held in his hand an example of its effects on the French colonies-Domingo, Guadaloupe, and the other French islands, were rich, happy, and growing in ftrength and confequence, in fpite of the three laft diftrefling wars, before they heard of the new doctrine of the rights of men; but these rights had no fooner arrived at the Iflands than any fpectator would have imagined that Pandora's box had been opened, and that Hell had yawned out difcord, murder, and every mifchief, for anarchy, confufion, and bloodthed, raged every where, it was a general fummons for

Black fpirits, and white,
Blue fpirits, and grey,
Mingle, mingle, mingle,

You that mingle may. When the Affembly heard of thefe diforders, they ordered troops to quell them; but it proved that the troops had joined the infurgents, and murdered their commander. He looked on the Revolution with horror and deteftation; it was a Revolution of confummate fot

ly,

ly, formed and maintained by every vice. The Houfe had been told by a Right Hon. Gentleman (Mr. Fox) on a former day, that the Revolution was a memento of human integrity; but he would fhew, before he fat down, from the last accounts from the National Affembly, what their proceedings had lately been in refpect to their boafted memento. They had formerly declared it to be an eternal Conflitution, never to be shaken; they had made the whole nation fwear to it; and, when they had obtained every thing they appeared to with, a king and no king-their fovereign a prifoner to the chief gaoler of Paris-they were not content; but, wishing to fhew what a degraded thing a king might be, the chief gaoler, M. de la Fayette, allowed his nominal monarch a day rule from Paris, to make an Eafter holiday-but against this the magiftrates of the Municipality remon ftrated, fearing an escape, though to him it appeared of very little confequence whether the unfortunate Louis was or was not among his people, unlefs it was for the purpose of infulting him, and of making him the channel of infult to every kingdom in Europe. The remonstrance, however, was not attended to, and the King, with his attendants, fet out for St. Cloud in a coach, which was flopped by a grenadier with a prefented bayonet, and a declaration that he (the King) fhould not proceed.

Here Mr. Baker faid, that, great as his opinion was of the Right Hon. Gentleman's integrity, he must call him to order, as he was totally deviating from the order of the day, and going into a difcuffion on foreign governments.

Mr. Fox faid, he believed the Right Hon. Gentleman looked upon this day as a day fixed for fatirizing govern ments; he thought fuch difcuffions totally out of order, and wished to hear the bufinefs of the day.

Mr. Burke, with fome warmth, obferved, that the introduction of the French Conflitution upon the difcuffion of the Quebec bill was at least as proper as the introduction of his (Mr. Fox's) declaration, during the confideration of the Ruffian treaty, of the French Conftitution being a beautiful and ftupendous fabrick. The Right Hon. Gent, was proceeding, when

Mr. Taylor rofe to order, and infifted that the Right Hon. Gentleman was

diforderly in proceeding to ftate the Conftitution of France.

Mr. Burke infifted, that, when we were forming a Constitution, we had a right to difcufs on any, fo as to give the beft. He conceived the prefent crifis to be a momentous one; and, whenever other Conftitutions were applauded as preferable to the British, he would ever and forward, and attempt to prevent our hunting after theoretical Conftitutions. He hoped the people of England were married to their Conftitution, and that they would never be feparated from it. He knew that he was dif charging his duty, in warning his coun try against impending danger; but could not comprehend what game those were playing who attempted to prevent the prefent difcuffion.

Mr. St. John rose to order.

Mr. Martin called Mr. St. John to order; for he was of opinion, that Mr. Burke was not diforderly, and fincerely hoped he would proceed. A Right Hon. Gentleman (Mr. Fox) declared, on a former day, that the publick had a right to the opinions of public men; he therefore wifhed that the Right Hon. Gentleman might experience no farther interruption.

Mr. Burke felt it to be his duty to give no countenance to fchemes, which he knew did exift, to overturn every fundamental principle of the Conftitution. He knew it, and he charged it, that fuch machinations were in exiftence; and though they might not be immediately attempted, they might be, when brought to maturity, in other reigns, and at other times.

The cry of order! order I became general through the Houfe, in which the Chancellor of the Exchequer, Mr. Martin, Mr. Orde, and Col. Phipps, spoke in fupport of the orderly proceedings of Mr. Burke. Mr. Sheridan, Mr. Grey, Mr. St. John, and Lord Sheffield, contended that he was diforderly; and

Lord Sheffield concluded by moving, "That differtations on the French Conftitution, and a narrative of the transac tions in France, are not pertinent to the queftion before the Houfe."

Mr. Fox feconded the motion.

The Chancellor of the Exchequer confidered the introduction and difcuffion of the French Constitution to relt on difcretion and order; and fhould give his negative to the motion. 3 Mr. Fox replied, and, in the courfe

of

of his fpeech, lamented the present difference with his Right Hon. Friend the more deeply, because to him was owing the most of what he knew, and from him he learnt the principles of a free government. He was aftonished at his prefent conduct, when he remembered the length of their friendship, when he recollected the length of time in which they had acted together on the fame principles. He recollected when they both rejoiced in every victory of a Washington, and when they wept at the defeat of a Montgomery: he remembered that his Right Hon. Friend had taught him that a general revolt could not be countenanced, that it could only be provoked. After a few more obfervations upon the conduct of Mr. Burke, he concluded for the motion.

Mr. Burke again afferted the Conftitution to be in danger, and called for timely checks. When clubs of men are fuffered to meet and correfpond with the National Affembly; when regular anniversaries are permitted to commemorate fuch events as have happened in France; then the country is in danger: when fuch plots and confpiracies are going on; when feditious and rebelIious fermons are delivered from pul pits; when the King's right to the throne is openly difputed; and when a bank of fedition is eftablished in the heart of the country; the Houfe ought to take fire and deftroy them. He then concluded by moving an amendment to the motion, to omit the words after "differtation," for the purpose of inferting "tending to fhew that examples from the faid Conftitution of France, to prove it inefficient for every good purpole, and tending to anarchy, confufion, and the deftruction of liberty and property, is applicable to the question before the Committee."

Mr. Fox rofe extremely affected; he fhed many tears, and with difficulty proceeded to declare, that, notwithftanding what had paffed that day, he could not give up a friendship that had exifted for 25 years. He replied to many parts of Mr. Burke's fpeech; and concluded by declaring, that, unless their mutual friends exerted themselves to reftore to him and the Right Hon. Gent. their former friendship, he should not think they acted affectionately to him. The queftion of order was withdrawn, and the debate on the claufes adjourned to Wednesday next.

H. OF LORDS.

May 9.

Lords Hertford and Darnley took the oaths and their feats.

Earl Fitzwilliam called their Lordhips' attention to the fubject of our armament against Ruffia. He entered into the value of our trade with Ruffia; and, from calculations, demonftrated the impolicy of our entering into any difpute with that power; and, with a view of conveying the fenfe he entertained of it, moved, "That an humble addrefs be prefented to his Majesty, · praying, that he may be graciously pleafed to take into his most ferious confideration the material injury which the trade and manufactures of this country muft fuftain in confequence of our difpute with Ruffia; and to befeech his Majefty not to hazard the confequences of a war with that power, on account of the poffeffion of the fortrefs. of Oczakow, and the uncultivated track of ground adjoining thereto."

A long debate then enfued, in which Lord Rawdon, Lord Stormont, and the Marquis of Lanfdown, spoke in favour of the motion; and Lords Grenville, Mulgrave, and Hawkesbury, against it; when the Houfe divided, Contents 29, Non-Contents 96.

In the Commons, the fame day, Mr. Yorke, in a short speech, moved for leave to bring in a bill to enable the Lord Chancellor, the Mafter of the Rolls, and the twelve Judges, to receive and forward letters poftage free.

The Chancellor of the Exchequer feconded the motion.

Mr. M. A. Taylor and Mr. Fox spoke against the motion; and the House divided, Ayes 32, Noes 58.

H. OF LORDS. May 10.

In a Committee of Privileges, heard counfei on the Scotch Peerage Election.

In the Commons, the fame day, Sir Gilbert Elliott moved, that the petition of the General Affembly of the Church of Scotland be read; which being done, Sir Gilbert flated the grounds upon which it had originated, and moved, That the Houfe do refolve itfelf into a Committee, to take into confideration fuch part of the A&t of Union as relates to the Ecclefiaftical Etablishment of Scotland.

Mr.