THE WORKS OF SAMUEL JOHNSON, LL.D,

VOLUME THE TENTH.

MDCCCXXV.

[ PREFATORY OBSERVATIONS TO THE PARLIAMENTARY DEBATES. ]

[ REFERENCES TO THE SPEAKERS ]

[ DEBATES IN PARLIAMENT. ]

[ HOUSE OF COMMONS, NOVEMBER 19, 1740. ]

[ HOUSE OF COMMONS, DEC. 2, 1740. ]

[ HOUSE OF COMMONS, DEC. 4-11, 1740. ]

[ HOUSE OF LORDS, DEC. 9, 1740. ]

[ HOUSE OF COMMONS, DECEMBER 12, 1740. ]

[ HOUSE OF COMMONS, JAN. 24, 1740-1. ]

[ HOUSE OF COMMONS, FEB. 3, 1740-1. ]

[ HOUSE OF LORDS, FEB. 13, 1740-1. ]

[ HOUSE OF COMMONS, FEB. 24, 1740-1. ]

[ HOUSE OF COMMONS, FEB. 27, 1740-1. ]

[ HOUSE OF COMMONS, MARCH 2, 1740-1. ]

[ HOUSE OF COMMONS, MARCH 13, 1740-1. ]

[ HOUSE OF COMMONS, APRIL 12, 1741. ]

[ HOUSE OF COMMONS, APRIL 16, 1741. ]

[ HOUSE OF COMMONS, DECEMBER 1, 1741. ]

[ DECEMBER 4, 1741. ]

CONTENTS

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PREFATORY OBSERVATIONS TO THE PARLIAMENTARY DEBATES.

The government of this country has long and justly been considered the best among the nations of Europe; and the English people have ever evinced a proportionate desire for information in its proceedings. But in the earlier days of our constitution, we shall find that much jealousy on the part of our rulers debarred the people from access to the national deliberations. Queen Elizabeth, with a sagacity that derived no assurance from the precedents of former times, foresaw the mighty power of the press, as an engine applied to state purposes, and accordingly aroused the spirit of her subjects, by causing the first gazettes to be published in the year of the armada [Footnote: See sir J. Mackintosh's Defence in the Peltier case.]: and D'Ewes's journals of her parliaments contain the earliest reports of parliamentary debates.

The first volume of the commons' journals comprises the debates from the accession of James the first, to the cessation of parliaments under Charles the first. The publication, in 1766, of a member's notes, furnished authentic debates of the session in 1621. Rushworth, in his voluminous collections, presents us with many of the debates during the civil wars. Gray's more regular debates succeeded. From these, until the times that followed the glorious revolution in 1688, we have no reports of parliamentary proceedings, interesting as they must have been, on which we can place any more reliance, than on those of Dr. Johnson, which, we shall presently see, cannot pretend to the character of faithful reports, however deservedly eminent they are as eloquent and energetic compositions. But the revolution was not immediately followed by a liberal diffusion of parliamentary intelligence, for the newspapers of William's reign only give occasionally a detached speech. That sovereign scarcely allowed liberty of speech to the members of parliament themselves, and was fully as tyrannical in disposition as his predecessor on the throne; but, happily for the English nation, he was tied and bound by the strong fetters of law.

The stormy period that ensued on William's death, is somewhat illustrated by Boyer's POLITICAL STATE. The HISTORICAL REGISTERS which appeared on the accession of George the first, may be considered as more faithful depositories of political information than Boyer's partial publication. The spirited opposition to sir Robert Walpole excited an unprecedented anxiety in the nation to learn the internal proceedings of parliament. This wish on the part of constituents to know and scrutinize the conduct of their representatives, which to us appears so reasonable a claim, was regarded in a different light by our ancestors. But the frown of authority in the reign of George the second began to have less power to alarm a people whose minds were undergoing progressive illumination. A general desire was then loudly expressed for parliamentary information, which Cave sought to gratify by the insertion of the debates in the GENTLEMAN'S MAGAZINE. The jealousy of the houses, however, subjected that indefatigable man to the practices of stratagem for the accomplishment of his design. He held the office of inspector of franks in the postoffice, which brought him into contact with the officers of both houses of parliament, and afforded him frequent and ready access to many of the members. Cave, availing himself of this advantage, frequented the houses when any debate of public interest was expected, and, along with a friend, posted himself in the gallery of the house of commons, and in some retired station in that of the lords, where, unobserved, they took notes of the several speeches. These notes were afterwards arranged and expanded by Guthrie, the historian, then in the employment of Cave, and presented to the public, monthly, in the Gentleman's Magazine. They first appeared in July, 1736 [Footnote: Gent. Mag. vol. vi.], and were perused with the greatest eagerness. But it was soon intimated to Cave, that the speaker was offended with this freedom, which he regarded in the light of a breach of privilege, and would subject Cave, unless he desisted, to parliamentary censure, or perhaps punishment. To escape this, and likewise to avoid an abridgment of his magazine, Cave had recourse to the following artifice. He opened his magazine for June, 1738, with an article entitled, "Debates in the senate of Magna Lilliputia;" in which he artfully deplores the prohibition that forbids him to present his readers with the consultations of their own representatives, and expresses a hope that they will accept, as a substitute, those of that country which Gulliver had so lately rendered illustrious, and which untimely death had prevented that enterprising traveller from publishing himself. Under this fiction he continued to publish the debates of the British parliament, hiding the names of persons and places by the transposition of letters, in the way of anagram. These he contrived to explain to his readers, by annexing to his volume for 1738, feigned proposals for printing a work, to be called Anagrammata Rediviva. This list, and others from different years, we give in the present edition, though we have rejected the barbarous jargon from the speeches themselves. A contemporary publication, the LONDON MAGAZINE, feigned to give the debates of the Roman senate, and adapted Roman titles to the several speakers. This expedient, as well as Cave's contrivance, sufficed to protect its ingenious authors from parliamentary resentment; as the resolution of the commons was never enforced.

The debates contained in the following volumes, commence with the 19th November, 1740, and terminate with the 23d February, 1742-3. The animated attempts that were made to remove sir Robert Walpole from administration, seemed, in Cave's opinion, to call for an abler reporter than Guthrie. Johnson was selected for the task; and his execution of it may well justify the admiration which we have so often avowed for those wonderful powers of mind, which, apparently, bade defiance to all impediments of external fortune.

He was only thirty-two years of age, little acquainted with the world; had never, perhaps, been in either house, and certainly had never conversed with the men whose style and sentiments he took upon himself to imitate. But so well and skilfully did he assume, not merely the sedate and stately dignity of the lords, and the undaunted freedom of the commons, but also the tone of the respective parties, that the public imagined they recognised the individual manner of the different speakers. Voltaire, and other foreigners of distinction, compared British with Greek and Roman eloquence; and ludicrous instances are detailed by Johnson's biographers, of praises awarded to Pulteney or to Pitt, in the presence of the unsuspected author of the orations which had excited such regard [Footnote: See Boswell, and sir John Hawkins.]! For Johnson confessed, that he composed many of the speeches entirely from his own imagination, and all of them from very scanty materials.

This confession he undoubtedly made from his love of truth, and not for the gratification of vanity. When he heard that Smollett was preparing his History of England, he warned him against relying on the debates as authentic; and, on his death-bed, he professed that the recollection of having been engaged in an imposture was painful to him. That this was a refined scrupulosity the most rigid moralist must allow; but, nevertheless, it is matter for congratulation, that the liberality of parliament no longer subjects its reporters to the subterfuges which we have thus briefly attempted to describe. And a comparison of this age and its privileges with the restrictions of former times, may not be without its use, if, by reminding us that we were not always free, it teaches us political contentment, suggests to us the policy of moderation, and enables us to love liberty, and yet be wise.

OXFORD, NOVEMBER, 1825.

The List of fictitious Terms used by Cave to disguise the real Names that occur in his Debates.

The List of fictitious Characters used by Cave to disguise the Places that occur in his Debates.

The List of fictitious Characters used by Cave to disguise the Names of Things that occur in his Debates.

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REFERENCES TO THE SPEAKERS

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DEBATES IN PARLIAMENT.

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HOUSE OF COMMONS, NOVEMBER 19, 1740.

PROCEEDINGS AND DEBATE, WITH REGARD TO THE BILL
FOR PROHIBITING THE EXPORTATION OF CORN, ETC.

On the first day of the session, his majesty, in his speech from the throne, recommended to parliament to consider of some good law to prevent the growing mischief of the exportation of corn to foreign countries.

On the fourth day, a bill for preventing, for a limited time, the exportation, etc, was read a first time in the house of commons, and the question put, whether it should be printed, which passed in the negative.

This day the agent for the colonies of Pennsylvania and New Jersey, presented a petition against the said corn bill, which was referred to the committee.

Another petition was also presented by the agent for the colony of Connecticut, in New England, setting forth that the chief trade of that colony arose from supplying other British colonies with corn, so that unless that colony be excepted from the restraints intended by this bill, both that and those which are supplied by it will be reduced to great distress, and praying, therefore, that such exception may be allowed.

The allegations in this petition were confirmed by another, from one of the provinces supplied by the colony of Connecticut.

Another petition was presented by the agent for South Carolina, setting forth, that unless the rice produced in that province were allowed to be exported, the colony must be ruined by the irretrievable loss of their whole trade, as the countries now supplied from thence might easily procure rice from the French settlements, already too much their rivals in trade.

This petition was supported by another, offered at the same time by the merchants of Bristol.

A petition was likewise presented by the agent for the sugar islands, in which it was alleged, that if no provisions be imported thither from Britain, they must, in one month, suffer the extremities of famine.

All these petitions were referred to the committee for the bill.

A printed paper was also delivered to the members, entitled, 'considerations on the embargo,' which enumerated many dangerous consequences likely to be produced by an embargo on provisions, and suggested that it was no better than a wicked scheme for private profit, with other reflections, for which the paper was deemed a libel, and the author committed to prison.

The bill being read in the committee, produced the following memorable debate.

Mr. PULTNEY spoke to this effect:—Sir, after all the attention which has been bestowed upon the bill now before us, I cannot yet conceive it such as can benefit the nation, or such as will not produce far greater inconveniencies than those which it is intended to obviate, and therefore, as those inconveniencies may be prevented by other means, I cannot but declare that I am far from approving it.

Our ancestors, sir, have always thought it the great business of this house to watch against the encroachments of the prerogative, and to prevent an increase of the power of the minister; and the commons have always been considered as more faithful to their trust, and more properly the representatives of the people, in proportion as they have considered this great end with more attention, and prosecuted it with more invariable resolution. If we inquire into the different degrees of reputation, which the several assemblies of commons have obtained, and consider why some are remembered with reverence and gratitude, and others never mentioned but with detestation and contempt, we shall always find that their conduct, with regard to this single point, has produced their renown or their infamy. Those are always, by the general suffrage of mankind, applauded as the patterns of their country, who have struggled with the influence of the crown, and those condemned as traitors, who have either promoted it by unreasonable grants, or seen it increase by slow degrees, without resistance.

It has not, indeed, sir, been always the practice of ministers to make open demands of larger powers, and avow, without disguise, their designs of extending their authority; such proposals would, in former times, have produced no consequences but that of awakening the vigilance of the senate, of raising suspicions against all their proceedings, and of embarrassing the crown with petitions, addresses, and impeachments.

They were under a necessity, in those times, of promoting their schemes; those schemes which scarcely any ministry has forborne to adopt, by more secret and artful and silent methods, by methods of diverting the attention of the publick to other objects, and of making invisible approaches to the point in view, while they seemed to direct all their endeavours to different purposes.

But such, sir, have been the proofs of implicit confidence, which the administration has received from this assembly, that it is now common to demand unlimited powers, and to expect confidence without restriction, to require an immediate possession of our estates by a vote of credit, or the sole direction of our trade by an act for prohibiting, during their pleasure, the exportation of the produce of our lands.

Upon what instances of uncommon merit, of regard to the publick prosperity, unknown in former times, or of discernment superior to that of their most celebrated predecessors, the present ministers found their new claims to submission and to trust, I am, indeed, at a loss to discover; for, however mankind may have determined concerning the integrity of those by whom the late memorable convention was transacted, defended, and confirmed, I know not that their wisdom has yet appeared by any incontestable or manifest evidence, which may set their abilities above question, and fix their reputation for policy out of the reach of censure and inquiries.

The only act, sir, by which it can be discovered that they have any degree of penetration proportionate to their employments, is the embargo lately laid upon provisions in Ireland, by which our enemies have been timely hindered from furnishing themselves, from our dominions, with necessaries for their armies and their navies, and our fellow-subjects have been restrained from exposing themselves to the miseries of famine, by yielding to the temptation of present profit; a temptation generally so powerful as to prevail over any distant interest.

But as nothing is more contrary to my natural disposition, or more unworthy of a member of this house, than flattery, I cannot affirm that I ascribe this useful expedient wholly to the sagacity or the caution of the ministry, nor can I attribute all the happy effects produced by it to their benign solicitude for the publick welfare.

I am inclined to believe that this step was advised by those who were prompted to consider its importance by motives more prevalent than that of publick spirit, and that the desire of profit which has so often dictated pernicious measures, has, for once, produced, in return, an expedient just and beneficial; and it has, for once, luckily fallen out, that some of the friends of the administration have discovered that the publick interest was combined with their own.

It is highly probable, sir, that the contractors for supplying the navy with provisions, considering, with that acuteness which a quick sense of loss and gain always produces, how much the price of victuals would be raised by exportation, and, by consequence, how much of the advantage of their contracts would be diminished, suggested to the ministry the necessity of an embargo, and laid before them those arguments which their own observation and wisdom would never have discovered.

Thus, sir, the ministers, in that instance of their conduct, on which their political reputation must be founded, can claim, perhaps, no higher merit, than that of attending to superiour knowledge, of complying with good advice when it was offered, and of not resisting demonstration when it was laid before them.

But as I would never ascribe to one man the merit of another, I should be equally unwilling to detract from due commendations, and shall therefore freely admit, that not to reject good counsel, is a degree of wisdom, at which I could not expect that they by whom the convention was concluded would ever have arrived.

But whatever proficiency they may have made in the art of government since that celebrated period, however they may have increased their maxims of domestick policy, or improved their knowledge of foreign affairs, I cannot but confess myself still inclined to some degree of suspicion, nor can prevail upon myself to shut my eyes, and deliver up the publick and myself implicitly to their direction.

Their sagacity, sir, may, perhaps, of late, have received some improvements from longer experience, and with regard to their integrity, I believe, at least, that it is not much diminished; and yet I cannot forbear asserting the right of judging for myself, and of determining according to the evidence that shall be brought before me.

I have, hitherto, entertained an opinion that for this purpose only we are deputed by our constituents, who, if they had reposed no confidence in our care or abilities, would have given up, long since, the vexatious right of contesting for the choice of representatives. They would have furnished the ministry with general powers to act for them, and sat at ease with no other regard to publick measures, than might incite them to animate, with their applauses, the laudable endeavours of their profound, their diligent, and their magnanimous governours.

As I do not, therefore, check any suspicions in my own mind, I shall not easily be restrained from uttering them, because I know not how I shall benefit my country, or assist her counsels by silent meditations. I cannot, sir, but observe that the powers conferred by this bill upon the administration are larger than the nation can safely repose in any body of men, and with which no man who considers to what purposes they may be employed will think it convenient to invest the negotiators of the convention.

Nor do my objections to this act, arise wholly from my apprehensions of their conduct, who are intrusted with the execution of it, but from my reflections on the nature of trade, and the conduct of those nations who are most celebrated for commercial wisdom.

It is well known, sir, how difficult it is to turn trade back into its ancient channel, when it has by any means been diverted from it, and how often a profitable traffick has been lost for ever, by a short interruption, or temporary prohibition. The resentment of disappointed expectations inclines the buyer to seek another market, and the civility to which his new correspondents are incited by their own interest, detains him, till those by whom he was formerly supplied, having no longer any vent for their products or their wares, employ their labours on other manufactures, or cultivate their lands for other purposes.

Thus, sir, if those nations who have hitherto been supplied with corn from Britain, should find a method of purchasing it from Denmark, or any other of the northern regions, we may hereafter see our grain rotting in our storehouses, and be burdened with provisions which we can neither consume ourselves, nor sell to our neighbours.

The Hollanders, whose knowledge of the importance or skill in the arts of commerce will not be questioned, are so careful to preserve the inlets of gain from obstruction, that they make no scruple of supplying their enemies with their commodities, and have been known to sell at night those bullets which were next day to be discharged against them.

Whether their example, sir, deserves our imitation I am not able to determine, but it ought at least to be considered, whether their conduct was rational or not, and whether they did not, by a present evil, ensure an advantage which overbalanced it.

There are, doubtless, sir, sometimes such exigencies as require to be complied with at the hazard of future profit, but I am not certain that the scarcity which is feared or felt at present, is to be numbered amongst them; but, however formidable it may be thought, there is surely no need of a new law to provide against it: for it is one of those extraordinary incidents, on which the king has the right of exerting extraordinary powers. On occasions like this the prerogative has heretofore operated very effectually, and I know not that the law has ever restrained it.

It is, therefore, sir, in my opinion, most prudent to determine nothing in so dubious a question, and rather to act as the immediate occasion shall require, than prosecute any certain method of proceeding, or establish any precedent by an act of the senate.

To restrain that commerce by which the necessaries of life are distributed is a very bold experiment, and such as once produced an insurrection in the empire of the Turks, that terminated in the deposition of one of their monarchs.

I therefore willingly confess, sir, that I know not how to conclude: I am unwilling to deprive the nation of bread, or to supply our enemies with strength to be exerted against ourselves; but I am, on the other hand, afraid to restrain commerce, and to trust the authors of the convention.

Mr. PELHAM spoke next, to the following purport:—Sir, I am always in expectation of improvement and instruction when that gentleman engages in any discussion of national questions, on which he is equally qualified to judge by his great abilities and long experience, by that popularity which enables him to sound the sentiments of men of different interests, and that intelligence which extends his views to distant parts of the world; but, on this occasion, I have found my expectations frustrated, for he has inquired without making any discovery, and harangued without illustrating the question before us.

He has satisfied himself, sir, with declaring his suspicions, without condescending to tell us what designs or what dangers he apprehends. To fear, without being able to show the object of our terrours, is the last, the most despicable degree of cowardice; and to suspect, without knowing the foundation of our own suspicions, is surely a proof of a state of mind, which would not be applauded on common occasions, and such as no man but a patriot would venture to confess.

He has, indeed, sir, uttered some very ingenious conceits upon the late convention, has alluded to it with great luxuriancy of fancy, and elegance of diction, and must, at least, confess that whatever may be its effects upon the interest of the nation, it has to him been very beneficial, as it has supplied him with a subject of raillery when other topics began to fail him, and given opportunity for the exercise of that wit which began to languish, for want of employment.

What connexion his wonderful sagacity has discovered between the convention and the corn bill, I cannot yet fully comprehend, but have too high an opinion of his abilities to imagine that so many insinuations are wholly without any reason to support them. I doubt not, therefore, sir, but that when some fitter opportunity shall present itself he will clear their resemblance, and branch out the parallel between them into a thousand particulars.

In the mean time, sir, it may be proper for the house to expedite the bill, against which no argument has yet been produced, and which is of too much importance to be delayed by raillery or invectives.

Mr. SANDYS spoke next, in substance as follows:—Sir, the bill before us, as it is of too great importance to be negligently delayed, is likewise too dangerous to be precipitately hurried into a law.

It has been always the practice of this house to consider money bills with particular attention, because money is power in almost the highest degree, and ought not, therefore, to be given but upon strong assurances that it will be employed for the purposes for which it is demanded, and that those purposes are in themselves just.

But if we consider, sir, the bill now before us, it will appear yet more than a money bill, it will be found a bill for regulating the disposal of that, which it is the great use of money to procure, and is, therefore, not to be passed into a law without a close attention to every circumstance that may be combined with it, and an accurate examination of all the consequences that may be produced by it.

Some of these circumstances or consequences, it is the duty of every member to lay before the house, and I shall, therefore, propose that the inducements to the discovery of any provisions illegally exported, and the manner of levying the forfeiture, may be particularly discussed; for by a defect in this part, the regulation lately established by the regency, however seasonable, produced tumults and distractions, which every good government ought studiously to obviate.

By their proclamation, sir, half the corn that should be found designed for exportation was to be given to those who should discover and seize it. The populace, alarmed at once with the danger of a famine, and animated by a proclamation that put into their own hands the means of preventing it, and the punishment of those from whose avarice they apprehended it, rose in throngs to execute so grateful a law. Every man, sir, whose distress had exasperated him, was incited to gratify his resentment; every man, whose idleness prompted him to maintain his family by methods more easy than that of daily labour, was delighted with the prospect of growing rich on a sudden by a lucky seizure. All the seditious and the profligate combined together in the welcome employment of violence and rapine, and when they had once raised their expectations, there was no small danger lest their impatience of disappointment should determine them to conclude, that corn, wherever found, was designed for exportation, and to seize it as a lawful prize.

Thus, sir, by an imprudent regulation, was every man's property brought into hazard, and his person exposed to the insults of a hungry, a rapacious, and ungovernable rabble, let loose by a publick proclamation, and encouraged to search houses and carriages by an imaginary law.

That we may not give occasion to violence and injustice of the same kind, let us carefully consider the measures which are proposed, before we determine upon their propriety, and pass no bill on this important occasion without such deliberation as may leave us nothing to change or to repent.

Mr. EARLE spoke next to this effect:—Sir, notwithstanding the dangers which have been represented as likely to arise from any errour in the prosecution of this great affair, I cannot but declare my opinion, that no delay ought to be admitted, and that not even the specious pretence of more exact inquiries, and minute considerations, ought to retard our proceedings for a day.

My imagination, sir, is, perhaps, not so fruitful as that of some other members of this house, and, therefore, they may discover many inconveniencies which I am not able to conceive. But, as every man ought to act from his own conviction, it is my duty to urge the necessity of passing this bill, till it can be proved to me, that it will produce calamities equally to be dreaded with the consequences of protracting our debates upon it, equal to the miseries of a famine, or the danger of enabling our enemies to store their magazines, to equip their fleets, and victual their garrisons.

If it could be imagined, that there was in this assembly a subject of France or Spain, zealous for the service of his prince, and the prosperity of his country, I should expect that he would summon all his faculties to retard the progress of this bill, that he would employ all his sophistry to show its inconveniency and imperfections, and exhaust his invention to suggest the dangers of haste; and certainly he could do nothing that would more effectually promote the interest of his countrymen, or tend more to enfeeble and depress the power of the British nation.

If this would naturally be the conduct of an enemy, it is unnecessary to prove that we can only be safe by acting in opposition to it, and I think it superfluous to vindicate my ardour for promoting this bill, when it is evident that its delay would be pleasing to the Spaniards.

Mr. BURREL then spoke as follows:—Sir, if this law be necessary at any time, it cannot now be delayed, for a few days spent in deliberation, may make it ineffectual, and that evil may be past of which we sit here contriving the prevention.

That many contracts, sir, for the exportation of provisions are already made in all the maritime parts of the empire, is generally known; and it requires no great sagacity to discover that those by whom they are made, and made with a view of immense profit, are desirous that they may be executed; and that they will soon complete the execution of them, when they are alarmed with the apprehension of a bill, which, in a few days, may take from them the power of exporting what they have already collected, and snatch their gain from them when it is almost in their hands.

A bill for these purposes, sir, ought to fall upon the contractors like a sudden blow, of which they have no warning or dread; against which they, therefore, cannot provide any security, and which they can neither elude nor resist.

If we allow them a short time, our expedients will be of little benefit to the nation, which is every day impoverished by the exportation of the necessaries of life, in such quantities, that in a few weeks the law, if it be passed, may be without penalties, for there will be no possibility of disobeying it.

Sir John BARNARD spoke next, to the following purpose:—Sir, I cannot discover the necessity of pressing the bill with such precipitation, as must necessarily exclude many useful considerations, and may produce errours extremely dangerous; for I am not able to conceive what inconveniencies can arise from a short delay.

The exportation of provisions from Ireland is at present stopped by the proclamation; and the beef which was designed for other nations, has been prudently bought up by the contractors, by which those murmurs have been in a great measure obviated which naturally arise from disappointments and losses.

There is, therefore, sir, no danger of exportations from that part of our dominions, which is the chief market for provisions, and from whence our enemies have been generally supplied: in Britain there is less danger of any such pernicious traffick, both because the scarcity here has raised all provisions to a high price, and because merchants do not immediately come to a new market.

The bill, at least, ought not to be passed without regard to the general welfare of our fellow-subjects, nor without an attentive consideration of those petitions which have been presented to us; petitions not produced by panic apprehensions of imaginary dangers, or distant prospects of inconveniencies barely possible, but by the certain foresight of immediate calamities, the total destruction of trade, and the sudden desolation of flourishing provinces.

By prohibiting the exportation of rice, we shall, sir, in one year, reduce the colony of South Carolina below the possibility of subsisting; the chief product of that country, the product which induced us originally to plant it, and with which all its trade is carried on, is rice. With rice the inhabitants of that province purchase all the other necessaries of life, and among them the manufactures of our own country. This rice is carried by our merchants to other parts of Europe, and sold again for large profit.

That this trade is very important appears from the number of ships which it employs, and which, without lading, must rot in the harbours, if rice be not excepted from the general prohibition. Without this exception, sir, it is not easy to say what numbers, whose stations appear very different, and whose employments have no visible relation to each other, will be at once involved in calamity, reduced to sudden distress, and obliged to seek new methods of supporting their families. The sailor, the merchant, the shipwright, the manufacturer, with all the subordinations of employment that depend upon them, all that supply them with materials, or receive advantage from their labours, almost all the subjects of the British crown, must suffer, at least, in some degree, by the ruin of Carolina.

Nor ought the danger of the sugar islands, and other provinces, less to alarm our apprehensions, excite our compassion, or employ our consideration, since nothing is more evident than that by passing this bill without the exceptions which their petitions propose, we shall reduce one part of our colonies to the want of bread, and confine the other to live on nothing else; for they subsist by the exchange of those products to which the soil of each country is peculiarly adapted: one province affords no corn, and the other supplies its inhabitants with corn only.

The necessity of expediting this bill, however it has been exaggerated, is not so urgent but that we may be allowed time sufficient to consider for what purpose it is to be passed, and to recollect that nothing is designed by it, but to hinder our enemies from being supplied from the British dominions with provisions, by which they might be enabled more powerfully to carry on the war against us.

To this design no objection has been made, but it is well known, that a good end may be defeated by an absurd choice of means, and I am not able to discover how we shall increase our own strength, or diminish that of our enemies, by compelling one part of our fellow-subjects to starve the other.

It is necessary, sir, to prohibit the exportation of corn to the ports of our enemies, and of those nations by which our enemies will be supplied, but surely it is of no use to exclude any part of our own dominions from the privilege of being supplied from another. Nor can any argument be alleged in defence of such a law, that will not prove with equal force, that corn ought to remain in the same granaries where it is now laid, that all the markets in this kingdom should be suspended, and that no man should be allowed to sell bread to another.

There is, indeed, sir, a possibility that the liberty for which I contend, may be used to wicked purposes, and that some men may be incited by poverty or avarice to carry the enemy those provisions, which they pretend to export to British provinces. But if we are to refuse every power that may be employed to bad purposes, we must lay all mankind in dungeons, and divest human nature of all its rights; for every man that has the power of action, may sometimes act ill.

It is, however, prudent to obstruct criminal attempts even when we cannot hope entirely to defeat them, and, therefore, I am of opinion, that no provisions ought to be exported without some method of security, by which the governours of every place may be assured that they will be conveyed to our own colonies. Such securities will easily be contrived, and may be regulated in a manner that they shall not be defeated without such hazard, as the profit that can be expected from illegal commerce, will not be able to compensate.

It is, therefore, sir, proper to delay the bill so long, at least, as that we may produce by it the ends intended, and distress our enemies more than ourselves; that we may secure plenty at home, without the destruction of our distant colonies, and without obliging part of our fellow-subjects to desert to the Spaniards for want of bread.

Mr. BOWLES spoke in this manner:—Sir, the necessity of excepting rice from the general prohibition, is not only sufficiently evinced by the agent of South Carolina, but confirmed beyond controversy or doubt, by the petition of the merchants of Bristol, of which the justice and reasonableness appears at the first view, to every man acquainted with the nature of commerce.

How much the province of South Carolina will be distressed by this prohibition, how suddenly the whole trade of that country will be at a stand, and how immediately the want of many of the necessaries of life will be felt over a very considerable part of the British dominions, has already, sir, been very pathetically represented, and very clearly explained; nor does there need any other argument to persuade us to allow the exportation of rice.

But, from the petition of the merchants of Bristol, it appears that there are other reasons of equal force for this indulgence, and that our regard for the inhabitants of that particular province, however necessary and just, is not the only motive for complying with their request.

It is shown, sir, in this petition, that the prohibition of rice will very little incommode our enemies, or retard their preparations; for they are not accustomed to be supplied with it from our plantations. We ought, therefore, not to load our fellow-subjects with embarrassments and inconveniencies, which will not in any degree extend to our enemies.

It appears, sir, not only that a very important part of our commerce will be obstructed, but that it will, probably, be lost beyond recovery; for, as only a small quantity of the rice of Carolina is consumed at home, and the rest is carried to other countries, it is easy to conceive that those who shall be disappointed by our merchants will procure so necessary a commodity from other places, as there are many from which it may be easily purchased; and it is well known that trade, if it be once diverted, is not to be recalled, and, therefore, that trade which may be without difficulty transferred, ought never to be interrupted without the most urgent necessity.

To prove, sir, that there is now no such necessity, by a long train of arguments, would be superfluous, for it has been shown already, that our enemies will not suffer by the prohibition, and the miseries that inevitably arise from a state of war, are too numerous and oppressive, to admit of any increase or aggravation upon trivial motives.

The province of Carolina, sir, has already suffered the inconveniencies of this war beyond any other part of his majesty's dominions, as it is situate upon the borders of the Spanish dominions, and as it is weak by the paucity of the inhabitants in proportion to its extent; let us, therefore, pay a particular regard to this petition, lest we aggravate the terrour which the neighbourhood of a powerful enemy naturally produces, by the severer miseries of poverty and famine.

Sir Robert WALPOLE spoke next, in substance as follows:—Sir, nothing is more absurd than for those who declare, on all occasions, with great solemnity, their sincere zeal for the service of the publick, to protract the debates of this house by personal invectives, and delay the prosecution of the business of the nation, by trivial objections, repeated after confutation, and, perhaps, after conviction of their invalidity.

I need not observe how much time would be spared, and how much the despatch of affairs would be facilitated by the suppression of this practice, a practice by which truth is levelled with falsehood, and knowledge with ignorance; since, if scurrility and merriment are to determine us, it is not necessary either to be honest or wise to obtain the superiority in any debate, it will only be necessary to rail and to laugh, which one man may generally perform with as much success as another.

The embargo in Ireland was an expedient so necessary and timely, that the reputation of it is thought too great to be allowed to the administration, of whom it has been for many years the hard fate, to hear their actions censured only because they were not the actions of others, and to be represented as traitors to their country for doing always what they thought best themselves, and perhaps sometimes what was in reality approved by those who opposed them.

This, sir, they have borne without much uneasiness, and have contented themselves with the consciousness of doing right, in expectation that truth and integrity must at last prevail, and that the prudence of their conduct and success of their measures would at last evince the justice of their intentions.

They hoped, sir, that there would be some occasions on which their enemies would not deny the expedience of their counsels, and did not expect that after having been so long accused of engrossing exorbitant power, of rejecting advice, and pursuing their own schemes with the most invincible obstinacy, they should be supposed on a sudden to have laid aside their arrogance, to have descended to adopt the opinions, and give themselves up to the direction of others, only because no objection could be made to this instance of their conduct.

How unhappy, sir, must be the state of that man who is only allowed to be a free agent, when he acts wrong, and whose motions, whenever they tend to the proper point, are supposed to be regulated by another!

Whether such capricious censurers expect that any regard should be paid by the publick to their invectives, I am not able to determine, but I am inclined to think so well of their understandings, as to believe that they intend only to amuse themselves, and perplex those whom they profess to oppose. In one part of their scheme I know not but they may have succeeded, but in the other it is evident how generally they have failed. It must, at least, sir, be observed of these great patrons of the people, that if they expect to gain them by artifices like this, they have no high opinion of their discernment, however they may sometimes magnify it as the last appeal, and highest tribunal.

With regard, sir, to the manner in which the embargo was laid, and the expedients made use of to enforce the observation of it, they were not the effects of a sudden resolution, but of long and deliberate reflection, assisted by the counsels of the most experienced and judicious persons of both nations; so that if any mistake was committed, it proceeded not from arrogance or carelessness, but a compliance with reasons, that if laid before the house, would, whether just or not, be allowed to be specious.

But, sir, it has not appeared that any improper measures have been pursued, or that any inconveniencies have arisen from them which it was possible to have avoided by a different conduct; for when any expedient fails of producing the end for which it was proposed, or gives occasion to inconveniencies which were neither expected nor designed, it is not immediately to be condemned; for it might fail from such obstacles as nothing could surmount, and the inconveniencies which are complained of might be the consequences of other causes acting at the same time, or cooperating, not by the nature of things, but by the practices of those who prefer their own interest to that of their country.

But though it is, in my opinion, easy to defend the conduct of the ministry, I am far from thinking this a proper time to engage in their vindication. The important business before us, must now wholly engage us, nor ought we to employ our attention upon the past, but the future. Whatever has been the ignorance or knowledge, whatever the corruption or integrity of the ministry, this bill is equally useful, equally necessary. The question is now concerning an act of the senate, not of the ministry, and the bill may proceed without obstructing future examinations.

If the bill, sir, now before us be so far approved as to be conceived of any real benefit to the nation, if it can at all contribute to the distress or disappointment of our enemies, or the prevention of those domestic disturbances which are naturally produced by scarcity and misery, there is no need of arguments to evince the necessity of despatch in passing it. For if these effects are to be produced by preventing the exportation of provisions, and a law is necessary for that purpose, it is certain that the law must be enacted, while our provisions are yet in our own hands, and before time has been given for the execution of those contracts which are already made.

That contracts, sir, are entered into for quantities that justly claim the care of the legislative power, I have been informed by such intelligence as I cannot suspect of deceiving me. In one small town in the western part of this kingdom, fifty thousand barrels of corn are sold by contract, and will be exported, if time be allowed for collecting and for shipping them.

A few contracts like this will be sufficient to store an army with bread, or to furnish garrisons against the danger of a siege; a few contracts like this will produce a considerable change in the price of provisions, and plunge innumerable families into distress, who might struggle through the present difficulties, which unsuccessful harvests have brought upon the nation, had we not sold the gifts of providence for petty gain, and supported our enemies with those provisions which were barely sufficient for our own consumption.

I have not heard many objections made against the intention of the bill, and those which were offered, were mentioned with such diffidence and uncertainty, as plainly showed, that even in the opinion of him that proposed them, they were of little weight; and I believe they had no greater effect upon those that heard them. It may, therefore, be reasonably supposed that the propriety of a law to prevent the exportation of victuals is admitted, and surely it can be no question, whether it ought to be pressed forward, or to be delayed till it will be of no effect.

Mr. FAZAKERLY spoke next, to this effect:—Sir, as the bill now under our consideration is entangled with a multitude of circumstances too important to be passed by without consideration, and too numerous to be speedily examined; as its effects, whether salutary or pernicious, must extend to many nations, and be felt in a few weeks to the remotest parts of the dominions of Britain, I cannot but think, that they who so much press for expedition on this occasion, consult rather their passions than their reason, that they discover rather enthusiasm than zeal, and that by imagining that they have already traced the effects of a law like this to their utmost extent, they discover rather an immoderate confidence in their own capacity than give any proofs of that anxious caution, and deliberate prudence, which true patriotism generally produces.

There is another method, sir, of proceeding, more proper on this occasion, which has been already pointed out in this debate; a method of exerting the prerogative in a manner allowed by law, and established by immemorial precedents, and which may, therefore, be revived without affording any room for jealousy or complaints.

An embargo imposed only by the prerogative may be relaxed or enforced as occasion may require, or regulated according to the necessity arising from particular circumstances; circumstances in themselves variable, and subject to the influence of a thousand accidents, and which, therefore, cannot be always foreseen, or provided against by a law positive and fixed.

Let us not subject the commonwealth to a hazardous and uncertain security, while we have in our hands the means of producing the same end, with less danger and inconveniency; and since we may obviate the exportation of our corn by methods more speedily efficacious than the forms of making laws can allow, let us not oppress our fellow-subjects by hasty or imprudent measures, but make use of temporary expedients, while we deliberate upon the establishment of a more lasting regulation.

Mr. CAMPBELL spoke to the following purpose;—Sir, that an embargo on merchandise or provisions may, upon sudden emergencies, or important occasions, be imposed by the prerogative, cannot be doubted by any man whose studies have made him acquainted with the extent of the regal power, and the manner in which it has been exerted in all ages. The chief use of the prerogative is to supply the defects of the laws, in cases which do not admit of long consultations, which do not allow time to convoke senates or inquire into the sentiments of the people.

For this reason, in times of war the imperial power is much enlarged, and has still a greater extent as exigencies are more pressing. If the nation is invaded by a foreign force, the authority of the crown is almost without limits, the whole nation is considered as an army of which the king is general, and which he then governs by martial laws, by occasional judicature, and extemporary decrees.

Such, sir, is the power of the king on particular emergencies, and such power the nature of human affairs must, sometimes, require; for all forms of government are intended for common good, and calculated for the established condition of mankind, but must be suspended when they can only obstruct the purposes for which they were contrived, and must vary with the circumstances to which they were adapted. To expect that the people shall be consulted in questions on which their happiness depends, supposes there is an opportunity of consulting them without hazarding their lives, their freedom, or their possessions, by the forms of deliberation.

The necessity of extending the prerogative to the extremities of power, is, I hope, at a very great distance from us; but if the danger of the exportation of victuals be so urgent as some gentlemen have represented it, and so formidable as it appears to the whole nation, it is surely requisite that the latent powers of the crown should be called forth for our protection, that plenty be secured within the nation, by barring up our ports, and the people hindered from betraying themselves to their enemies, and squandering those blessings which the fertility of our soil has bestowed upon them.

Sir Robert WALPOLE replied in the following manner:—Sir, it is so unusual among the gentlemen who have opposed my opinion to recommend an exertion of the regal authority, or willingly to intrust any power to the administration, that, though they have on this occasion expressed their sentiments without any ambiguity of language, or perplexity of ideas, I am in doubt whether I do not mistake their meaning, and cannot, without hesitation and uncertainty, propose the motion to which all their arguments seem necessarily to conduct me; arguments of which I do not deny the force, and which I shall not attempt to invalidate by slight objections, when I am convinced, in general, of their reasonableness and truth.

The necessity of that despatch which I have endeavoured to recommend, is not only universally admitted, but affirmed to be so pressing, that it cannot wait for the solemnity of debates, or the common forms of passing laws. The danger which is every moment increasing, requires, in the opinion of these gentlemen, to be obviated by extraordinary measures, and that pernicious commerce, which threatens the distress of the community, is to be restrained by an immediate act of the prerogative.

If this be the opinion of the house, it will be necessary to lay it before his majesty, by a regular address, that the nation may be convinced of the necessity of such extraordinary precautions, and that the embargo may be imposed, at once, with the expedition peculiar to despotick power, and the authority which can be conferred only by senatorial sanctions.

Whether this is the intention of the members, from whose declarations I have deduced it, can only be discovered by themselves, who, if they have any other scheme in view, must explain it in clearer terms, that the house may deliberate upon it, and reject or adopt it, according to its conformity to the laws of our country, and to the present state of our affairs.

Mr. PULTENEY spoke thus:—Sir, whatever may be the meaning of other gentlemen, who must undoubtedly be left at full liberty to explain their own expressions, I will freely declare, that I am sufficiently understood by the right honourable gentleman, and that, in my opinion, no remedy can be applied to the present distemper of the nation, a distemper by which it is hourly pining away, by which its vitals are impaired, and the necessary nourishment withdrawn from it, that will operate with sufficient efficacy and speed, except an embargo be imposed by the prerogative.

That this opinion, if received by the house, must be the subject of an address, is in itself manifest, and the reason for which an embargo is required, proves that an address ought not to be delayed.

I cannot omit this opportunity of remarking, how plainly it must now appear that many of us have been unjustly charged with obstructing the progress of the bill for pernicious purposes, with views of raising discontents in the nation, of exposing the administration to publick hatred, of obstructing the measures of the government, or hindering the success of the war, when we have receded from our general principles, and suspended the influence of our established maxims, for the sake of facilitating an expedient which may promote the general advantage, by recommending his majesty to the affections of his people.

Mr. PELHAM here replied, to this effect:—Sir, I am far from blaming any gentleman for asserting, on all occasions, the integrity of his designs, or displaying the reasonableness of his conduct; and of what I do not disapprove I shall not decline the imitation.

It is not uncommon, in the heat of opposition, while each man is convinced of his own honesty, and strongly persuaded of the truth of his own positions, to hear each party accused by the other of designs detrimental to the publick interest, of protracting debates by artful delays, of struggling against their own conviction, and of obscuring known truth by objections which discover themselves to be without force.

These accusations, which are on both sides frequent, are, I hope, on both sides generally false; at least, it must appear on this occasion, that those who press the bill had no views of strengthening their party by a victory, of wearying their opponents by obstinacy, or of promoting any private purposes by a new law; since an expedient, by which time may be gained, and the avowed end of hastening this necessary bill secured, is no sooner proposed on one part, than received on the other.

At the close of the debate, a form of an address was proposed by Mr. CLUTTERBUCK; which, being approved by the house, was presented to his majesty: and an embargo was laid on all provisions accordingly.

On the 17th day of sitting the house proceeded on the bill for preventing exportation; and ordered an account of the corn which had been exported for six years last past to be laid before the committee.

The house also addressed his majesty to take off the embargo on ships laden with fish or rice, which his majesty had before ordered to be done.

On the 21st the corn bill was again the subject of deliberation, and some amendments were offered by Mr. SANDYS, containing not only exceptions of rice and fish, which had been before admitted, but likewise of butter, as a perishable commodity, which, if it were not allowed to be exported, would corrupt and become useless in a short time.

He proposed, likewise, that the two islands of Jersey and Guernsey might continue to be supplied, with certain restrictions, from the port of Southampton.

It was proposed, likewise, in favour of some other colonies, that they might receive provisions from Britain, lest there should be a necessity for the inhabitants of those provinces to abandon their settlements.

The penalties of this law, and the manner in which they should be recovered and applied, were likewise settled on this day.

NOVEMBER 25, 1740.

The consideration of the corn bill was resumed; and it was particularly debated from what time it should commence, which some of the members were inclined to fix on the 9th day of the session, on which occasion Mr. CAMPBELL spoke as follows:

Sir, that the laws may be observed by the nation without daily violence and perpetual compulsion, that our determinations may be received with reverence, and the regulations which we establish confirmed by the concurrence of our constituents, it is necessary that we endeavour to preserve their esteem, and convince them that the publick prosperity may be safely trusted in our hands.

This confidence is to be gained as well in high stations, as in lower conditions, by large assemblies, as by individuals, only by a constant practice of justice, and frequent exertion of superiour wisdom. When any man finds his friend oppressive and malicious, he naturally withdraws his affections from him; when he observes him advancing absurd opinions, and adhering to them with obstinacy incapable of conviction, he falls unavoidably into a distrust of his understanding, and no longer pays any deference to his advice, or considers his conduct as worthy of imitation.

In the same manner, sir, if the legislative powers shall, in making laws, discover that they regard any motives before the advantage of their country, or that they pursue the publick good by measures inadequate and ill-concerted, what can be expected from the people, but that they should set up their own judgment in opposition to that of their governours, make themselves the arbiters in all doubtful questions, and obey or disregard the laws at discretion?

If this danger may arise from laws injudiciously drawn up, it may surely be apprehended from a compliance with this proposal; a proposal that the operation of the law should commence eleven days before the law itself is in being.

I have, hitherto, sir, regarded it as a principle equally true in politicks as in philosophy, that nothing can act when it does not exist; and I did not suspect that a position so evident would ever stand in need of a proof or illustration.

We live, indeed, in an age of paradoxes, and have heard several notions seriously defended, of which some would, not many years ago, have condemned their abetter to a prison or a madhouse, and would have been heard by the wisest of our ancestors with laughter or detestation; but I did not expect that the most hardy innovator would have shocked my understanding with a position like this, or have asserted that a law may operate before it is made, or before it is projected.

That where there is no law there is no transgression, is a maxim not only established by universal consent, but in itself evident and undeniable; and it is, sir, surely no less certain, that where there is no transgression there can be no punishment.

If a man may be punished, sir, by a law made after the fact, how can any man conclude himself secure from the jail or the gibbet? A man may easily find means of being certain that he has offended no law in being, but that will afford no great satisfaction to a mind naturally timorous; since a law hereafter to be made, may, if this motion be supposed reasonable, take cognizance of his actions, and how he can know whether he has been equally scrupulous to observe the future statutes of future senates, he will find it very difficult to determine.

Mr. PELHAM rose, and spoke thus:—Sir, notwithstanding the absurdity which the honourable gentleman imagines himself to have discovered in this proposal, and which he must be confessed to have placed in a very strong light, I am of opinion, that it may, with very little consideration, be reconciled to reason and to justice, and that the wit and satire that have been so liberally employed, will appear to have been lost in the air, without use and without injury.

The operation of the law may, very properly, commence from the day on which the embargo was laid by his majesty's proclamation, which surely was not issued to no purpose, and which ought not to be disobeyed without punishment.

Sir John BARNARD spoke next, to this effect:—Sir, I cannot but be somewhat surprised, that a gentleman so long conversant in national affairs, should not yet have heard or known the difference between a proclamation and a penal law.

By a proclamation, his majesty may prevent, in some cases, what he cannot punish; he may hinder the exportation of our corn by ordering ships to be stationed at the entrance of our harbours; but if any should escape with prohibited cargoes, he can inflict no penalties upon them at their return.

To enforce this prohibition by the sanction of punishments is the intention of the present bill, but a proclamation can make nothing criminal, and it is unjust and absurd to punish an action which was legal when it was done.

The law ought, sir, in my opinion, not to commence till time is allowed for dispersing it to the utmost limits of this island; for as it is unreasonable to punish without law, it is not more equitable to punish by a law, of which, they who have unhappily broken it, could have no intelligence.

A future day was agreed to.

[!-- H2 anchor --]

HOUSE OF COMMONS, DEC. 2, 1740.

DEBATE RELATING TO A SEDITIOUS PAPER OF THE SAME KIND
WITH THE CONSIDERATIONS ON THE EMBARGO ON PROVISIONS.

Lord THOMSON took notice of a paper which he had in his hand, and said he received it at the door, where it was given to the members as they came in, and, complaining of it as an indignity offered to the house, desired that it might be read. Which being done, he rose up, and spoke in substance as follows:

Sir, the crime of exasperating the people against their governours, of raising discontent, and exciting murmurs in a time of general danger, and of attempting to represent wise and salutary measures, which have received the approbation of the whole legislature, as mean artifices, contrived only to raise the fortunes of some favourites of the minister, and aggrandize the officers of state, by the miseries of the people, is a crime too enormous to require or admit any aggravation from rhetorick, and too dangerous to hope for any excuse from candour and lenity.

To read or hear this paper is sufficient for a full conviction of its pernicious tendency, and of the malice of its author; a charge not fixed upon particular expressions capable of a doubtful meaning, and which heat or inadvertency might casually have produced, but supported by the general design of the whole paper, and the continued tenour of the argument, which is evidently intended to show, that an act of government, which cannot but appear necessary and seasonable in the present state of our affairs, an act ratified by the concurrence of all the powers of the legislature, is nothing but a scheme of avarice to grow rich by oppression.

Nor is this scandalous libel written with more confidence and insolence than it is dispersed. Not content, sir, with vilifying the proceedings of the state, the author has industriously published his calumny at our door: the time has been when defamation skulked in secret, and calumnies against the government were dispersed by whispers or private communication; but this writer adds insults to his injuries, and at once reproaches and defies us.

I beg leave to move, therefore, that the house do censure this paper as "a malicious and scandalous libel, highly and injuriously reflecting upon a just and wise act of his majesty's government, and also upon the proceedings of both houses of senate; and tending to create jealousies in the minds of the people." I also move, "that the author may be ordered to attend, to be examined at our bar."

[This was unanimously agreed to by the house. The doorkeeper was called in, and, being shown the paper, was asked from whom he received it? who answered, that he believed the person who delivered it to him, was then detained in one of the committee rooms, upon which he was ordered to look for, and fetch him to the bar.]

Mr. SANDYS, taking notice that the person was already in custody, said, that he should be glad to know by what authority. It was not reasonable to punish first, and judge afterwards.

Upon which sir William YONGE replied, that he had caused him to be detained, in order to know the pleasure of the house; and that he thought it his duty to secure so enormous an offender from escaping.

Soon after, the doorkeeper brought the man in, when he declared, upon examination, his name and his profession, which was that of a scrivener, and owned with great openness, that he was the author of the paper. He was then asked who was the printer, and answered that he printed it himself. Which he explained afterwards, by saying, that as he had carried it to the printer's, he might be said, in the general acceptation of the term, as applied to an author, to be the printer. He then discovered the printer, and was asked, where was the original manuscript, which he said he had destroyed, as he did any other useless paper.

It having been observed by some of the members, that it was printed in one of the daily papers, he was asked, who carried it thither? and answered, that he carried it himself. It was then demanded, what he gave for having it inserted, and he answered that he gave nothing.

[After many questions, Mr. Henry ARCHER desired that he might be asked, whether on the Friday before he was in the gallery; at which some of the members expressed their disapprobation, and the man being ordered to withdraw, the following debate ensued upon the propriety of the question.]

Mr. SANDYS spoke first, in substance as follows:—Sir, those who are intrusted by their country with the authority of making laws, ought, undoubtedly, to observe them with the utmost circumspection, lest they should defeat their own endeavours, and invalidate, by their example, their own decrees.

There is no part, sir, of our civil constitution more sacred, none that has been more revered by those that have trampled upon other forms of justice, and wantoned in oppression without restraint, than that privilege by which every Briton is exempted from the necessity of accusing himself, and by which he is entitled to refuse an answer to any question which may be asked, with a view to draw from him a confession of an offence which cannot be proved.

Whether this great privilege, sir, is not violated; whether the unalienable right of a free subject is not infringed, by the question put to the person at our bar, the house must decide. The punishment to which intruders are subject by the orders of this house, proves that his presence in the house is considered as a crime, of which, as we have no proof of it, a confession ought not to be extorted by an artful and insidious question, of which he may not discover the intention or the consequence. Such treatment, sir, is rather to be expected by slaves in the inquisition of Spain, than a Briton at the bar of this house; a house instituted to preserve liberty, and to restrain injustice and oppression.

Mr. CAMPBELL spoke next, to this effect:—Sir, I cannot but concur with the opinion of the honourable gentleman, that, in requiring an answer to this question, we shall expose a man to a punishment against whom we have no evidence, but what is extorted from himself; and, consequently, no knowledge of his crime upon which we can proceed to inflict censures or penalties, without the manifest infraction of our constitution.

It cannot be imagined, sir, that he intends to confess himself guilty of a crime of which no proof has been brought, or that he will voluntarily subject himself to punishments. It must, therefore, follow, that he is entrapped in his examination, by an artifice, which, I hope, will never find any countenance in this house.

Mr. WINNINGTON answered to the following purpose:—Sir, it is not impossible that the honourable gentlemen, having not lately looked into the orders of the house, may mistake the tendency of the question; I, therefore, move that the order may be read.

[The order being read by the clerk, he proceeded.]

It is evident, sir, that by the order now read, the serjeant at arms attending on this house, may take into custody all strangers that shall be found in the house or gallery while we are assembled; and that this order is not always put in practice, must be attributed to the lenity of the house. But that this order extends to past offences, and subjects any man to imprisonment for having been present in some former day, cannot be conceived. For how far may such a retrospect be extended? or at what time, after having intruded into the house, can any man presume to consider himself as exempt from the danger of imprisonment?

Our order, sir, only decrees present punishment for present offences, and, therefore, the question asked by the honourable gentleman, may be insisted on without scruple, and answered without hazard. Let then the honourable gentlemen reserve their laudable zeal for our constitution till it shall be invaded by more important occasions.

Mr. SANDYS replied:—Sir, what victory the honourable gentleman imagines himself to have gained, or whence proceeds all his wantonness of exultation, I am not able to discover. The question only relates to the interpretation of one of our own orders, and is, therefore, not of the highest importance; nor can his success, in so trivial a debate, entitle him to great applause from others, or produce, in a person of his abilities, any uncommon satisfaction to himself.

But, whatever may be the pleasure of the victory, it must, at least, be gained before it can be celebrated; and it is by no means evident, that he has yet any reason to assure himself of conquest.

His interpretation, sir, of the order, which he has so confidently laid before the house, seems to me to have no foundation in reason or justice; for if it be an offence against the house to be present at our consultations, and that offence be justly punishable, why should any man be exempt from a just censure by an accidental escape? or what makes the difference between this crime and any other, that this alone must be immediately punished, or immediately obliterated, and that a lucky flight is equivalent to innocence?

It is surely, sir, more rational to believe, that the house may punish any breach of its orders at a distant time, that if our censure is once eluded, it may be afterwards enforced; and, therefore, that the question put to the person at the bar ought not to be asked, because it cannot safely be answered.

Mr. PULTENEY spoke next, in words to this effect:—Sir, I cannot but conceive that our order may extend its influence beyond the present moment, and that intrusions may be punished by the house on another day than that on which they were committed.

I am so far, sir, from being of opinion, that, to make the execution of this order valid, the house must sit, without interruption, from the time of the offence to that of the punishment, that if the gentlemen in the gallery were to be taken into custody, I should advise the serjeant to wait till the house should break up, and seize them as they should come out.

Sir William YONGE spoke next, in the manner following:—Sir, if any such punishment were now intended, I should advise the gentlemen in the gallery to retire, indeed, but not to hide themselves like felons, or men proscribed by proclamation; for as the power of seizing any man in the house is sufficient to secure us from intrusion, there is no reason to extend it farther; and penalties are not, without reason, to be inflicted, neither has the house ever coveted the power of oppressing; and what else is unnecessary punishment?

If, therefore, an intruder is not seized in the act of intrusion, he cannot legally be imprisoned for it. And any of the strangers, who now hear this debate, may retire to a very small distance from the house, and set the serjeant at arms at defiance.

Sir Robert WALPOLE then spoke to this effect:—Sir, whether the question be proper or not, it seems very unnecessary to debate; because, however it be answered, it cannot be of great importance: the man has already confessed himself the author of the libel, and may, therefore, be punished without farther examination.

That he is the real author, sir, I am not, indeed, convinced by his assertion, with whatever confidence it was made; for so far as his appearance enables me to judge of his education and sphere of life, it is not probable that he should be much versed in political inquiries, or that he should engage in the discussion of questions like this.

There appears, sir, in the paper before us, a more extensive knowledge of facts, a more accurate attention to commerce, more artful reasoning, and a more elevated style, than it is reasonable to expect from this man, whom, without pretending to determine the limits of his capacity, or the compass of his knowledge, I am, for my part, inclined to look upon as an agent to some other person of higher station, and greater accomplishments.

It is not uncommon, sir, for gentlemen to exercise their abilities, and employ their pens, upon political questions, and when they have produced any thing, which their complaisance for themselves equally hinders them from owning and suppressing, they are known to procure some person of inferiour rank, to take upon him, in publick, the character of the author, and to stand the danger of the prosecution, contenting themselves with the applause and admiration of their chosen friends, whom they trust with the important secret, and with whom they sit and laugh at the conjectures of the publick, and the ignorance of the ministry.

This, sir, is a frequent practice, not only with those who have no other employment, but, as I have sufficient reasons to believe, among some gentlemen who have seats in this house; gentlemen, whose abilities and knowledge qualify them to serve the publick in characters much superiour to that of lampooners of the government.

Mr. PULTENEY answered in terms to the following purpose:—Sir, whether the man who confessed himself the author of the paper, has accused himself of what he did not commit, or has ingenuously and openly discovered the truth, it is beyond my penetration absolutely to decide; the frankness and unconcern with which he made the declaration, gave it, at least, the appearance of truth, nor do I discover any reason for doubting his sincerity. Is there any improbability in the nature of the fact, that should incline us to suspect his veracity? Is there any apparent advantage to be gained by assuming a false character? Neither of those circumstances can be produced against him, and an assertion is to be admitted for its own sake, when there is nothing to invalidate it.

But the honourable gentleman, sir, appears to have a very particular reason for his doubts; a reason, which will, I hope, have no weight with any but himself. By denying the paper to this man, he gives room for conjecture and suspicion to range far and wide, and wanton with whatever characters he shall think proper subjects for his amusement. An author is now to be sought, and many diverting arguments may be brought by the dullest inquirer for fixing it upon one man, or denying it to another.

The honourable gentleman, sir, has given us a bold specimen of this kind of wit, by insinuating that it is the production of some one of the members of this house; a conjecture of which I am not able to find the foundation, and therefore imagine, that raillery rather than argument was intended. But let the honourable gentleman recollect, that the chief excellence of raillery is politeness, to which he has surely paid little regard, in supposing that what has been unanimously condemned as a libel, has one of those who censured it for its author.

If I am particularly hinted at in this sagacious conjecture, I take this opportunity of declaring that I am equally ignorant of the whole affair with any other gentleman in this house; that I never saw the paper till it was delivered to me at the door, nor the author till he appeared at the bar. Having thus cleared myself, sir, from this aspersion, I declare it as my opinion, that every gentleman in the house can safely purge himself in the same manner; for I cannot conceive that any of them can have written a libel like this. There are, indeed, some passages which would not disgrace the greatest abilities, and some maxims true in themselves, though perhaps fallaciously applied, and at least such an appearance of reasoning and knowledge, as sets the writer far above the level of the contemptible scribblers of the ministerial vindications: a herd of wretches whom neither information can enlighten, nor affluence elevate; low drudges of scurrility, whose scandal is harmless for want of wit, and whose opposition is only troublesome from the pertinaciousness of stupidity.

Why such immense sums are distributed amongst these reptiles, it is scarce possible not to inquire; for it cannot be imagined that those who pay them expect any support from their abilities. If their patrons would read their writings, their salaries would quickly be withdrawn; for a few pages would convince them, that they can neither attack nor defend, neither raise any man's reputation by their panegyrick, nor destroy it by their defamation.

Sir Robert WALPOLE then spoke in the following manner:—I hope it is not expected, that the heat with which one class of our political writers have been attacked by the honourable gentleman, should engage me to undertake their defence with the same earnestness. I have neither interest enough in the question to awaken my passions, nor curiosity or leisure sufficient for such an examination of the writings on each side, as is necessary, before the superiority of any author above his brethren can he justly asserted.

It is no part, sir, of my employment or amusement to compare their arguments, or to balance their abilities; nor do I often read the papers of either party, except when I am informed by some that have more inclination to such studies than myself, that they have risen by some accident above their common level.

Yet that I may not appear entirely to desert the question, I cannot forbear to say, that I have never, from these accidental inspections of their performances, discovered any reason to exalt the authors who write against the administration, to a higher degree of reputation than their opponents. That any of them deserve loud applauses, I cannot assert, and am afraid that all, which deserves to be preserved of the writings on either side, may be contracted to a very few volumes.

The writers for the opposition appear to me to be nothing more than the echoes of their predecessors, or, what is still more despicable, of themselves, and to have produced nothing in the last seven years, which had not been said seven years before.

I may, perhaps, be thought by some gentlemen of each class to speak contemptuously of their advocates, nor shall I think my own opinion less just for such a censure; for the reputation of controversial writers arises, generally, from the prepossession of their readers in favour of the opinions which they endeavour to defend. Men easily admit the force of an argument which tends to support notions, that it is their interest to diffuse, and readily find wit and spirit in a satire pointed at characters which they desire to depress: but to the opposite party, and even to themselves, when their passions have subsided, and their interest is disunited from the question, those arguments appear only loud assertions, or empty sophistry; and that which was clamorously praised, discovers itself to be only impudence or low conceits; the spirit evaporates, and the malignity only remains.

If we consider, sir, what opposition of character is necessary to constitute a political writer, it will not be wondered that so few excel in that undertaking. He that will write well in politicks, must at the same time have a complete knowledge of the question, and time to digest his thoughts into method, and polish his style into elegance; which is little less than to say, he must be at once a man of business, and a man of leisure; for political transactions are not easily understood, but by those who are engaged in them, and the art of writing is not attainable without long practice, and sedentary application.

Thus it happens that political writings are generally defective: for they are drawn up by men unacquainted with publick business, and who can, therefore, only amuse their readers with fallacious recitals, specious sophistries, or an agreeable style; or they are the hasty productions of busy negotiators, who, though they cannot but excel the other class of writers in that which is of most importance, the knowledge of their subject, are yet rarely at leisure to display that knowledge to advantage, or add grace to solidity.

Writers of the latter sort appear but seldom, and most of our political papers are the amusements of leisure, or the expedients of want.

Whether the paper now before us is the produce of ease, or of necessity, I shall not determine; I have already offered my opinion, that the man who claims it is not the author, nor do I discover any reason for changing my sentiment: the question is a question merely of conjecture, since neither I nor the honourable gentleman attempt to offer any demonstrative proofs of our opinion. If he has any to produce in favour of his own notions, let him lay them before you, but let him always forbear to impute to me assertions which I never uttered, and beware of representing me as declaring that I believe this paper the composition of some member of this house.

[It was then debated, whether this offence should be punished by the authority of the house, or referred to the cognizance of some of the courts of judicature in Westminster hall, on which occasion Mr. HOWE spoke as follows:]

Sir, it is the duty of every part of the legislature, not only to preserve the whole system of our government unaltered and unimpaired, but to attend particularly to the support of their own privileges, privileges not conferred upon them by our ancestors, but for wise purposes.

It is the privilege of this house that we, and we only, are the judges of our own rights, and we only, therefore, can assign the proper punishment when they shall be presumptuously invaded.

If we remit this offender, who has attempted to debase the house in the opinion of the nation, to any inferiour court, we allow that court to determine, by the punishment that shall be inflicted, the importance of this assembly, and the value of the collective character of this house.

It therefore concerns us, in regard to our own dignity, and to the privileges of our successours, that we retain the cognizance of this crime in our own hands, in which it is placed by perpetual prescription and the nature of our constitution.

[The house agreed to this, and the libeller was sent to the common jail of Middlesex, by warrant from the speaker.]

Sir William YONGE then spoke to this effect:—Sir, I am pleased with finding that the malice and indecency of this libel, has raised in the house a just resentment, and that the wretch, who, with a confidence so steady, and such appearance of satisfaction in his countenance, confesses, or rather proclaims himself the author, is treated as he deserves. But let us not forget that the same degree of guilt always requires the same punishment, and that when the author of scandal is in prison, the printer and propagator of it ought not to be at liberty.

The printer of the daily news is surely the proper object of your indignation, who inserted this libel in his paper, without the fondness of an author, and without the temptation of a bribe; a bribe, by the help of which it is usual to circulate scurrility. To this man the expense or labour of aspersing the government was recompensed by the pleasure, and he could not prevail on himself to omit any opportunity of incensing the people, and exposing at once the whole legislature to censure and contempt.

Those, therefore, that have concurred in the imprisonment of the author, will doubtless join with me in requiring the attendance of his officious accomplice, and I cannot forbear expressing my hopes, that he will not meet with kinder treatment.

It is far from being the first offence of his licentious press; and the lenity of the government, by which he has been so long spared, has had no other effect upon him, than to add confidence to his malice, and incite him to advance from one degree of impudence to another.

He has for several weeks persisted in misrepresenting the intention of the embargo, by letters pretended to be written by friends of the government who are injured by it. He has vented his insinuations hitherto, as without punishment, so, as it appears, without fear. It is time, therefore, to disturb his security, and restrain him from adding one calumny to another.

Sir John BARNARD rose up hereupon, and opposed this motion in terms to the following effect:—Sir, the end of punishment is to prevent a repetition of the same crime, both in the offender, and in those who may have the same inclinations; and when that end is accomplished, all farther severities have an appearance rather of cruelty than justice.

By punishing the author of this libel, we have, in my opinion, sufficiently secured our dignity from any future attacks, we have crushed the head of the confederacy, and prevented the subordinate agents from exerting their malice. Printers can do no injury without authors; and if no man shall dare to write a libel, it is not worthy of our inquiry how many may be inclined to publish it.

But if the printer must necessarily be punished before the resentment of the house can be satisfied; if it shall not be thought sufficient to punish him without whose assistance the other could not have offended; let us, at least, confine our animadversion to the present fault, without tracing back his life for past misdemeanours, and charging him with accumulated wickedness; for if a man's whole life is to be the subject of judicial inquiries, when he shall appear at the bar of this house, the most innocent will have reason to tremble when they approach it.

Even with regard, sir, to the offence of which he is now accused, somewhat may, perhaps, be said in extenuation of his guilt, which I do not offer to gratify any personal affection or regard for him, to whom I am equally a stranger with any other gentleman in this house, but to prevent a punishment which may be hereafter thought disproportioned to the crime.

It is, sir, to be remembered, that he was not the original printer of the libel, which he only reprinted from a paper, of which he knew that it was to be dispersed at our door, and in which he could not naturally suspect any seditious or dangerous assertions to be contained. It is, therefore, probable that he fell into the offence by ignorance, or, at worst, by inadvertency; and, as his intention was not criminal, he may properly be spared.

Mr. WINNINGTON spoke, in answer, to this effect:—Sir, I cannot but think the honourable gentleman betrayed, by his zeal for the defence of this man, into some assertions not to be supported by law or reason. If it be innocent to print a paper once printed, will it not inevitably follow, that the most flagitious falsehoods, and the most enormous insults on the crown itself, the most seditious invectives, and most dangerous positions, may be dispersed through the whole empire, without any danger but to the original printer? And what reason, sir, can be assigned, why that which is criminal in one man, should be innocent in another?

Nor is this the only position which has been advanced contrary to the laws of our country; for it has been asserted, that the general character of an offender is a consideration foreign from that of his immediate crime; and that whatever any man's past life has been, he is only to be judged according to the evidence for the offence which is then the subject of examination.

How much this opinion is consistent with the practice of our courts, a very slight knowledge of their methods of proceeding will readily discover. Is any villain there convicted but by the influence of his character? And is not the chief question at a trial the past conduct of the person at the bar?

Sir John BARNARD rose here, and spoke thus:—Sir, I rise up only to answer a question, which is, whether properly or not, put to me, and hope the irregularity will not be imputed to me, by the house, but to the occasion which produces it.

I am asked, whether it is not the chief question at the bar of our courts of justice, what is the character of the prisoner? and cannot but feel some amazement that any man should be so ignorant of common proceedings, and so much unacquainted with the execution of our laws, as to have admitted a notion so chimerical.

The character of the prisoner is never examined, except when it is pleaded by himself, and witnesses are produced to offer testimony in his favour; that plea, like all others, is then to be examined, and is sometimes confuted by contrary evidence. But, the character of a criminal, though it may be urged by himself as a proof of his innocence, is never to be mentioned by his prosecutor as an aggravation or proof of his guilt. It is not required by the law, that the general character of a criminal, but that the particular evidence of the crime with which he stands charged, should be examined; nor is his character ever mentioned but by his own choice.

Sir William YONGE spoke next, to the effect following:—Sir, to prove the malignity of the intention with which this libel was inserted in the daily paper, it cannot be improper to observe, that the embargo has been for many days past the favourite topic of this printer, and that, therefore, it was not by accident that he admitted so zealous an advocate for his opinions to be seasonably assisted by the circulation of his paper, but that he, doubtless, was delighted with an opportunity of dispersing sedition by means of greater abilities than his own.

Nor can it be justly pleaded, sir, in his favour, that he was encouraged to publish it by the confidence with which he saw it dispersed; for it was printed by him in the morning, and not brought hither till the afternoon. I cannot, therefore, but conclude, that his intentions were agreeable to his practice, and that he deserves to accompany the author in his present confinement.

The advocate, CAMPBELL, spoke next, to this purpose:—Sir, I hope it will not be imputed to me as disregard of the government, or neglect of the honour of this house, that I declare myself, on all occasions like this, inclined to lenity, and think it necessary always to proceed by regular methods, and known forms of justice, not by capricious determinations, and orders variable at pleasure.

I opposed the imprisonment of the man who just now appeared at the bar of our house, and am still more unwilling to proceed to severities against another, who is criminal only in a subordinate degree. The loudest declaimers against these men cannot have stronger detestation of falsehood and sedition than myself; but however flagrant may be the crimes, they may be punished with unjustifiable rigour, and, in my opinion, we have already proceeded with severity sufficient to discourage any other attempts of the same kind.

Whether it will promote the advantage of the publick, and the efficacy of our deliberations, to deter any man from the common practice of giving us information by delivering papers at our door, must be considered by the house.

Nor is it less worthy of our most attentive inquiry, whether it is not more reasonable to prosecute this offender in the common forms of justice, than to punish him by any act of uncontroulable, unaccountable authority? Whether it is not more reasonable to have him prosecuted before a judge unprejudiced, and a disinterested jury, than to act at once as party, evidence, and judge? I have no desire, sir, of diminishing the privileges of this house; and yet less would I contribute to establish any precedents of unlimited power or arbitrary punishments.

The ATTORNEY GENERAL then spoke to the following effect:—Sir, whence so much tenderness can arise for an offender of this kind, I am at a loss to discover, nor am I able to conceive any argument that can be produced for exempting from punishment the printer of a paper, which has been already determined, by the vote of the house, to be a scandalous libel, tending to promote sedition.

It has been, indeed, agreed, that there are contained in the paper some true positions, and some passages innocent, at least, and perhaps rational and seasonable. But this, sir, is nothing more than to say, that the paper, flagitious as it is, might have been swelled to a greater degree of impudence and scurrility; that what is already too heinous to be borne, might, by greater virulence, become more enormous.

If no wickedness, sir, is to be checked till it has attained the greatest height at which it can possibly arrive, our courts of criminal judicature may be shut up as useless; and if a few innocent paragraphs will palliate a libel, treason may be written and dispersed without danger or restraint; for what libel was ever so crowded with sedition, that a few periods might not have been selected, which, upon this principle, might have secured it from censure.

The danger of discouraging intelligence from being offered at the door of our house, does not alarm me with any apprehensions of disadvantage to the nation; for I have not so mean an opinion of the wisdom of this assembly, as to imagine that they can receive any assistance from the informations of their officious instructors, who ought, in my opinion, sir, rather to be taught by some senatorial censure to know their own station, than to be encouraged to neglect their proper employments, for the sake of directing their governours.

When bills, sir, are depending, by which either the interest of the nation, or of particular men, may be thought to be endangered, it is, indeed, the incontestable right of every Briton to offer his petition at the bar of the house, and to deliver the reasons upon which it is founded. This is a privilege of an unalienable kind, and which is never to be infringed or denied; and this may always be supported without countenancing anonymous intelligence, or receiving such papers as the authors of them are afraid or ashamed to own, and which they, therefore, employ meaner hands to distribute.

Of this kind, sir, undoubtedly, is the paper now under our consideration, of which I am far from imagining that it was drawn up by the man who declares himself the writer, and am, therefore, convinced of the necessity of calling the printer to the bar, that whatever the lenity or justice of this assembly may determine with regard to his punishment, he may be examined with respect to the real authors of the libel; and that our resentment may fall upon him, who has endeavoured to shelter himself by exposing another.

Counsellor ORD spoke to this effect:—Sir, I am inclined to believe, that the persons associated in writing and dispersing this paper, whosoever they may be, are of no high rank, or considerable influence; as it is not likely that any man who had much to hazard, would expose himself to the resentment of the whole legislature; but let us not for that reason exert our superiority in wanton punishments, or tyrannise merely because we cannot be resisted. Let us remember that the same justice and the same humanity is due to the meanest, as the highest of our fellow-subjects; and that there is even less necessity of rigorous measures, as the attack is less formidable.

But, sir, there is one motive to moderation that has seldom been found less efficacious than the consideration of the laws of justice or humanity. We ought to be withheld by regard to our posterity, and even to ourselves, from any exorbitant extension of our privileges. We know, that authority once exerted, is claimed afterwards by prescription. And who knows by what sudden rotation of power he may himself suffer by a precedent which he has concurred to establish, and feel the weight of that oppressive power which he first granted for the punishment of another?

Mr. HOWE spoke thus:—Sir, I am always unwilling to oppose any proposal of lenity and forbearance, nor have now any intention of heightening the guilt of this man by cruel exaggerations, or inciting the house to rigour and persecution.

But let us remember, sir, that justice and mercy are equally to be regarded, and while we pity the folly of a misguided, or, perhaps, a thoughtless offender, let us not suffer ourselves to be betrayed, by our compassion, to injure ourselves and our posterity.

This house, sir, has always claimed and exerted the privilege of judging of every offence against itself, a privilege so long established, and so constantly exercised, that I doubt whether the inferiour courts of judicature will take cognizance of an attack upon us; for how can they venture to decide upon a question of such importance without any form or precedent for their proceedings.

There seems also to be at this time, sir, an uncommon necessity for tenaciousness of our privileges, when, as some whispers, which have been wafted from the other house, inform us, a motion has been made in terms which might imply the subordination of this assembly, an assertion without foundation either in reason or justice, and which I shall always oppose as destructive to our rights, and dangerous to our constitution.

Let us, therefore, sir, retain in our hands the cognizance of this affair, and let the criminal either suffer his punishment from our sentence, or owe his pardon to our mercy.

[It was agreed that the printer of the daily paper should attend next day, when, being called in, it was proposed that he should be asked, whether he printed the paper complained of. It was objected to, for the same reason as the question about the author's being in the gallery, because the answer might tend to accuse himself; and he being withdrawn, a debate of the same nature ensued, and the question being put whether he should be asked, if he be the person that printed the daily paper shown to him, which paper the house the day before resolved to contain a malicious and scandalous libel, etc. it was, on a division, carried in the affirmative, by two hundred and twenty-two against one hundred and sixty-three: accordingly he was called in again, and being asked the question, he owned that he printed the said paper from a printed copy which was left for him with one of his servants; and being asked what he had to allege in his justification or excuse for printing the said libel, he said that as he had before printed several other things which he had received from the said person, which had not given offence, he inserted part of the paper in his news, and which he should not have inserted, if he had thought it would have given offence to the house, and that he forbore to print the remainder, having heard that it had given offence. Upon which he withdrew, and the house, after some debate, on a division, one hundred and eighty-eight to one hundred and forty-five, not only ordered him into the custody of the serjeant, but resolved to present an address to his majesty, that he would be pleased to give directions to his attorney general to prosecute him at law.

The first printer of the libel was also ordered into custody. This was on the 3d of December, but the next day presenting his petition, expressing his sorrow for the offence, whereby he had justly incurred the displeasure of the house, and praying to be discharged, he was brought to the bar on the following day, received a reprimand on his knees, and was ordered to be discharged, paying his fees.]

On the 12th, lord BARRINGTON presented a petition from the printer of the daily paper, expressing his sorrow, promising all possible care not to offend for the future, and praying to be discharged.

This petition being read, a motion was made, that the serjeant at arms do carry the petitioner to some court of law, to give security for his appearance to the prosecution to be carried on against him by the attorney general; which done, that he be discharged, paying his fees.

Sir William YONGE spoke to this effect:—Sir, I know not for what reason this enormous offender is entitled to so much regard, or by what interest he has engaged so many, who, I doubt not, abhor his crimes, to pity his sufferings.

Had he been young and unexperienced, and seduced into the commission of this offence by artifice or persuasion, his act might have been reasonably considered rather as an errour than a crime, and it might have been proper to treat with lenity a delinquent neither obstinate nor malicious.

But how, sir, can this plea be urged in favour of a man, whose daily employment it has been, for these two years past, to misrepresent the public measures, to disperse scandal, and excite rebellion, who has industriously propagated every murmur of discontent, and preserved every whisper of malevolence from perishing in the birth.

The proper judge, sir, of this affair, is his majesty's attorney general, who is not now in the house. I am, therefore, for detaining him in custody, and for referring the consideration of farther proceedings against him to that gentleman, whose proper province it is to prosecute for the crown.

Mr. WALLER spoke next, to the following purpose:—Sir, it is undoubtedly the duty of every man to oppose the introduction of new laws, and methods of oppression and severity, which our constitution does not admit; and what else is the mention of a prisoner's character as an aggravation of his present offence?

It is well known, and has been already asserted, upon this occasion, that in the lower courts of justice, though the prisoner may plead his character, in his own defence, his prosecutor is not at liberty to produce it to his disadvantage. Even those who are cited to the bar for murder or for treason, are tried only by the evidence of that crime for which they are indicted.

That this house is not bound to strict forms, and is not accountable for the exercise of its power, is easily granted; but authority cannot change the nature of things, and what is unjust in a lower court, would be in us not less unjust, though it may not be punishable.

It was replied that this question had been before sufficiently discussed.

The attorney general not being present, the debate was adjourned to the next sitting.

On the next day of the session, the lord BARRINGTON proposed, that the adjourned debate might be resumed, and several members interceded for the petitioner, that he might be released; to which it was objected, that it was not proper to release him, unless an information was lodged against him, without which he could not be held to bail; and the question being put, whether he should be released, was determined in the negative.

At the sixth sitting, the author of the libel, who was committed to the common prison of Middlesex, petitioned the house to permit him to implore pardon on his knees, and promising, by the strongest and most solemn assurances, not to offend again, was ordered to be discharged the next day, paying his fees.

On the forty-seventh sitting, the printer of the daily paper again petitioned the house, representing, that he most heartily bewailed his offence, that he was miserably reduced by his confinement, having borrowed money of all his friends to support himself, his wife, and children, and praying the mercy of the house. He was then ordered to be discharged, paying his fees, and giving security for his appearance to answer the prosecution.

On the eighty-fifth day, Mr. George Heathcote offered another petition for the said printer, and represented, that the fees amounting to one hundred and twenty-one pounds, he was not able to pay them, that, therefore, he hoped the house would consider his case; but the petition was not allowed to be brought up. On which he remained in custody fourteen days longer, till the end of the session, and, the authority of the senate ceasing, had his liberty without paying any fees.

[!-- H2 anchor --]

HOUSE OF COMMONS, DEC. 4-11, 1740.

ON INCORPORATING THE NEW-RAISED MEN INTO THE STANDING REGIMENTS.

On the 4th of December, sir William YONGE, secretary at war, having presented to the house of commons an estimate of the expense of raising ten thousand men, the same was taken into consideration in a committee on the supply, and after debate agreed to. At the report of this proceeding, on the 11th, another debate happened on a motion that the new-raised men should be incorporated into the standing regiments, etc.

As in these two debates the arguments were the same, they are thrown into one, to prevent unnecessary repetitions.

Sir William YONGE opened the debate with respect to what he had delivered in the estimate, after the manner following:—Sir, as this estimate has been drawn up after very accurate calculations and careful inquiries, I hope that no objections will be raised against it, and that the sum necessary for raising the new regiments will be very readily granted by that house, which voted the war necessary for which they are designed.

I hope it will be admitted as some proof of frugality, that this estimate requires less money than one that was laid before the senate in the reign of king William; for if it be considered, that since that time, the necessaries of life are become dearer, and that, therefore, all expenses are increased, it will appear to be the effect of the exactest economy, that the sum required for the same service is less.

I have heard, indeed, sir, that in conversation, the method of raising troops on this occasion has been censured as improper, and that in the opinion of some, whose judgment cannot be entirely disregarded, it would be more reasonable to add more men to our regiments already established, than to raise new regiments with new officers.

The chief argument, sir, produced in support of their method of augmentation, is drawn from the necessity of publick frugality, a very popular topick, which never fails to produce favour and attention; for every man is naturally inclined to hear his friend, and to consider that man as performing the office of friendship, who proposes methods of alleviating his taxes.

Frugality is undoubtedly a virtue very necessary to the happiness of the nation, and such as there occur frequent occasions of inculcating to those who are intrusted with the superintendence of publick disbursements, but I am far from thinking that this estimate affords any opportunity for declamations of this kind, and am of opinion that the addition of new soldiers to each regiment, would, in reality, be more expensive.