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will be a distinction honourable to the age, that the rescue of the greatest number of the human race that ever were so grievously oppressed, from the greatest tyranny that was ever exercised, has fallen to the lot of abilities and dispositions equal to the task; that it has fallen to one who has the enlargement to comprehend, the spirit to undertake, and the eloquence to support, so great a measure of hazardous benevolence. His spirit is not owing to his ignorance of the state of men and things; he well knows what snares are spread about his path, from personal animosity, from court intrigues, and possibly from popular delusion. But he has put to hazard his ease, his security, his interest, his power, even his darling popularity, for the benefit of a people whom he has never seen. This is the road that all heroes have trod before him. He is traduced and abused for his supposed motives. He will remember, that obloquy is a necessary ingredient in the composition of all true glory: he will remember, that it was not only in the Roman customs, but it is in the nature and constitution of things, that calumny and abuse are essential parts of triumph. These thoughts will support a mind, which only exists for honour, under the burthen of temporary reproach. He is doing indeed a great good, such as rarely falls to the lot, and almost as rarely coincides with the desires of any man. Let him use his time. Let him give the whole length of the reins to his benevolence. He is now on a great eminence, where the eyes of mankind are turned to him. He may live long, he may do much. But here is the summit. He never can exceed what he does this day.

He has faults; but they are faults that, though they may in a small degree tarnish the lustre, and sometimes impede the march of his abilities, have nothing in them to extinguish the fire of great virtues. In those faults, there is no mixture of deceit, of hypocrisy, of pride, of ferocity, of complexional despotism, or want of feeling for the distresses of mankind. His are faults which might exist in a descendant of Henry the Fourth of France, as they did exist in that father of his country. Henry the Fourth wished that he might live to see a fowl in the pot of every peasant in his kingdom. That sentiment of homely benevolence was worth all the splendid sayings that are recorded of kings. But he wished perhaps for more than could be obtained, and the goodness of the man exceeded the power of the king. But this gentleman, a subject, may this day say this at least, with truth, that he

secures the rice in his pot to every man in India. A poet of antiquity thought it one of the first distinctions to a prince whom he meant to celebrate, that through a long succession of generations, he had been the progenitor of an able and virtuous citizen, who, by force of the arts of peace, had corrected governments of oppression, and suppressed wars of rapine.

Indole proh quanta juvenis, quantumque daturus
Ausoniæ populis, ventura in sæcula civem.
Ille super Gangem, super exauditus et Indos,
Implebit terras voce; et furialia bella
Fulmine compescet linguæ.-

This was what was said of the predecessor of the only person to whose eloquence it does not wrong that of the mover of this bill to be compared. But the Ganges and the Indus are the patrimony of the fame of my honourable friend, and not of Cicero. I confess, I anticipate with joy the reward of those, whose whole consequence, power, and authority, exist only for the benefit of mankind; and carry my mind to all the people, and all the names and descriptions, that, relieved by this bill, will bless the labours of this parliament, and the confidence which the best house of commons has given to him who the best deserves it. The little cavils of party will not be heard, where freedom and happiness will be felt. There is not a tongue, a nation, or religion in India, which will not bless the presiding care and manly beneficence of this house, and of him who proposes to you this great work. Your names will never be separated before the throne of the Divine Goodness, in whatever language, or with whatever rites, pardon is asked for sin, and reward for those who imitate the Godhead in his universal bounty to his creatures. These honours you deserve, and they will surely be paid, when all the jargon of influence, and party, and patronage, are swept into oblivion.

I have spoken what I think, and what I feel, of the mover of this bill. An honourable friend of mine, speaking of his merits, was charged with having made a studied panegyric. I don't know what his was. Mine, I am sure, is a studied panegyric; the fruit of much meditation; the result of the observation of near twenty years. For my own part, I am happy that I have lived to see this day; I feel myself overpaid for the labours of eighteen years, when, at this late period, I am able to take my share, by one humble vote, in destroying a tyranny that exists to the disgrace of this nation, and the destruction of so large a part of the human species.

A REPRESENTATION

TO HIS MAJESTY, MOVED IN THE HOUSE OF COMMONS, BY THE RIGHT HON. EDMUND BURKE, AND SECONDED BY WILLIAM WINDHAM, ESQ. ON MONDAY, JUNE 14, 1784, AND NEGATIVED.WITH A PREFACE AND NOTES.

PREFACE.

THE representation now given to the public relates to some of the most essential privileges of the house of commons. It would appear of little importance, if it were to be judged by its reception in the place where it was proposed. There it was rejected without debate. The subject inatter may, perhaps, hereafter appear to merit a more serious consideration. Thinking men will scarcely regard the penal dissolution of a parliament as a very trifling concern. Such a dissolution must operate forcibly as an example; and it much imports the people of this kingdom to consider what lesson that example is to teach. The late house of commons was not accused of an interested compliance to the will of a court. The charge against them was of a different nature. They were charged with being actuated by an extravagant spirit of independency. This species of offence is so closely connected with merit; this vice bears so near a resemblance to virtue; that the flight of a house of commons above the exact temperate medium of independence, ought to be correctly ascertained, lest we give encouragement to dispositions of a less generous nature, and less safe for the people; we ought to call for very solid and convincing proofs of the existence, and of the magnitude too of the evils, which are charged to an independent spirit, before we give sanction to any measure, that by checking a spirit so easily damped, and so hard to be excited, may affect the liberty of a part of our constitution, which, if not free, is worse than useless.

The Editor does not deny, that by possibility such an abuse may exist: but primâ fronte, there is no reason to presume it. The house of commons is not, by its complexion, peculiarly subject to the distempers of an indépendent habit. Very little compulsion is

necessary, on the part of the people, to render it abundantly complaisant to ministers and favourites of all descriptions. It required a great length of time, very considerable industry and perseverance, no vulgar policy, the union of many men and many tempers, and the concurrence of events which do not happen every day, to build up an independent house of commons. Its demolition was accomplished in a moment; and it was the work of ordinary hands. But to construct is a matter of skill; to demolish, force and fury are sufficient.

The late house of commons has been punished for its independence. That example is made. Have we an example on record, of a house of commons punished for its servility? The rewards of a senate so disposed, are manifest to the world. Several gentlemen are very desirous of altering the constitution of the house of commons: but they must alter the frame and constitution of human nature itself, before they can so fashion it by any mode of election, that its conduct will not be influenced by reward and punishment; by fame, and by disgrace. if these examples take root in the minds of men, what members hereafter will be bold enough not to be corrupt? Especially as the king's high-way of obsequiousness is so very broad and easy. To make a passive member of parliament, no dignity of mind, no principles of honour, no resolution, no ability, no industry, no learning, no experience are in the least degree necessary. To defend a post of importance against a powerful enemy, requires an Elliot; a drunken invalid is qualified to hoist a white flag, or to deliver up the keys of the fortress on his knees.

The gentlemen chosen into this parliament, for the purpose of this surrender, were bred to better things; and are no doubt qualified for other service. But for this strenuous exertion of inactivity, for the vigorous task of submission and passive obedience, all their learning

and ability are rather a matter of personal ornament to themselves, than of the least use in the performance of their duty.

The present surrender, therefore, of rights and privileges, without examination, and the resolution to support any minister given by the secret advisers of the crown, determines not only on all the power and authority of the house, but it settles the character and description of the men who are to compose it; and perpetuates that character as long as it may be thought expedient to keep up a phantom of popular representation.

It is for the chance of some amendment before this new settlement takes a permanent form, and while the matter is yet soft and ductile, that the editor has republished this piece, and added some notes and explanations to it. His intentions, he hopes, will excuse him to the original mover, and to the world. He acts from a strong sense of the incurable ill effects of holding out the conduct of the late house of commons, as an example to be shunned by future representatives of the people.

MOTION RELATIVE TO THE SPEECH

FROM THE THRONE.

Luna, 14° die Junij, 1784. A MOTION was made, That a representation be presented to his majesty, most humbly to offer to his royal consideration, that the address of this house, upon his majesty's speech from the throne, was dictated solely by our conviction of his majesty's own most gracious intentions towards his people, which, as we feel with gratitude, so we are ever ready to acknowledge with cheerfulness and satisfaction.

Impressed with these sentiments, we were willing to separate from our general expressions of duty, respect, and veneration to his majesty's royal person and his princely virtues, all discussion whatever, with relation to several of the matters suggested, and several of the expressions employed in that speech.

That it was not fit or becoming, that any decided opinion should be formed by his faithful commons, on that speech, without a degree of deliberation adequate to the importance of the object. Having afforded ourselves due time for that deliberation, we do now most humbly beg leave to represent to his majesty, that, in the speech from the throne, his minis ters have thought proper to use a language of a very alarming import, unauthorized by the

practice of good times, and irreconcilable to the principles of this government.

Humbly to express to his majesty, that it is the privilege and duty of this house to guard the constitution from all infringement on the part of ministers; and whenever the occasion requires it, to warn them against any abuse of the authorities committed to them: but it is very lately, that in a manner not more unseemly than irregular and preposterous, ministers have thought proper, by admonition from the throne, implying distrust and reproach, to convey the expectations of the people to us, their sole representatives; and have presumed to caution us, the natural guardians of the constitution, against any infringement of it on our parts.

This dangerous innovation we, his faithful commons, think it our duty to mark; and as these admonitions from the throne, by their frequent repetition, seem intended to lead gradually to the establishment of an usage, we hold ourselves bound thus solemnly to protest against them.

This house will be, as it ever ought to be, anxiously attentive to the inclinations and interests of its constituents: nor do we desire to straiten any of the avenues to the throne, or to either house of parliament. But the ancient order, in which the rights of the people have been exercised, is not a restriction of these rights. It is a method providently framed in favour of those privileges, which it preserves and enforces by keeping in that course which has been found the most effectual for answering their ends. His majesty may receive the opinions and wishes of individuals under their signatures, and of bodies corporate under their seals, as expressing their own particular sense: and he may grant such redress as the legal powers of the crown enable the crown to afford. This, and the other house of parliament, may also receive the wishes of such corporations and individuals by petition. The collective sense of his people his majesty is to receive from his commons in parliament assembled. It would destroy the whole spirit of the constitution, if his commons were to

*See King's Speech, Dec. 5, 1782, and May 19, 1784.

"I will never submit to the doctrines I have heard this day from the woolsack, that the other house [house of commons] are the only repre. sentatives and guardians of the people's rights; I boldly maintain the contrary-1 say this house [house of lords] is equally the representatives April 8, 1778. Vide Parliamentar Register of the people." Lord Shelburne's Speech, vol. 10, page 392.

receive that sense from the ministers of the crown, or to admit them to be a proper or a regular channel for conveying it.

That the ministers in the said speech declare, "His majesty has a just and confident reliance, that we (his faithful commons) are animated with the same sentiments of loyalty, and the same attachment to our excellent constitution, which he had the happiness to see so fully manifested in every part of the kingdom."

To represent, that his faithful commons have never failed in loyalty to his majesty. It is new to them to be reminded of it. It is unnecessary and invidious to press it upon them by any example. This recommendation of loyalty, after his majesty has sat for so many years, with the full support of all descriptions of his subjects, on the throne of this kingdom, at a time of profound peace, and without any pretence of the existence or apprehension of war or conspiracy, becomes in itself a source of no small jealousy to his faithful commons; as many circumstances lead us to apprehend that therein the ministers have reference to some other measures and principles of loyalty, and to some other ideas of the constitution, than the laws require, or the practice of par

liament will admit.

No regular communication of the proofs of loyalty and attachment to the constitution, alluded to in the speech from the throne, have been laid before this house, in order to enable us to judge of the nature, tendency, or occasion of them; or in what particular acts they were displayed; but if we are to suppose the manifestations of loyalty (which are held out to us as an example for imitation) consist in certain addresses delivered to his majesty, promising support to his majesty in the exercise of his prerogative, and thanking his majesty for removing certain of his ministers, on account of the votes they have given upon bills depending in parliament,-if this be the example of loyalty alluded to in the speech from the throne, then we must beg leave to express our serious concern for the impression which has been made on any of our fellowsubjects by misrepresentations, which have seduced them into a seeming approbation of proceedings subversive of their own freedom. We conceive, that the opinions delivered in these papers were not well considered; nor were the parties duly informed of the nature of the matters on which they were called to determine, nor of those proceedings of parliament which they were led to censure.

We shall act more advisedly.-The loyalty

we shall manifest will not be the same with theirs; but, we trust, it will be equally sincere, and more enlightened. It is no slight authority which shall persuade us (by receiving as proofs of loyalty the mistaken principles lightly taken up in these addresses) obliquely to criminate, with the heavy and ungrounded charge of disloyalty and disaffection, an uncorrupt, independent, and reforming parliament.* Above all, we shall take care that none of the rights and privileges, always claimed, and since the accession of his majesty's illustrious family constantly exercised by this house (and

*In that parliament the house of commons by two several resolutions put an end to the ministry, which ensued, in order to secure their American war. Immediately on the change of own independence, and to prevent the accumulation of new burthens on the people by the growth of a civil list debt, they passed the esta blishment bill. By that bill thirty-six offices tenable by members of parliament were suppressed; and an order of payment was framed, by which the growth of any fresh debt was rendered impracticable. The debt on the civil list from the beginning of the present reign had amounted to one million three hundred thousand pounds and upwards. Another act was passed for regulating the office of the paymaster general, public money had sometimes been in the hands and the offices subordinate to it. A million of of the paymasters: this act prevented the pos. sibility of any money whatsoever being accumulated in that office in future. The offices of the exchequer, whose emoluments in time of war were excessive, and grew in exact proportion to the public burthens, were regulated; some of them suppressed, and the rest reduced to fixed salaries. To secure the freedom of election against the crown, a bill was passed to disqualify all officers concerned in the collection of the revenue in any of its branches from voting in elections; a most important act, not only with regard to its primary object, the freedom of election, but as materially forwarding the due collection of revenue. For the same end, (the preserving the freedom of election,) the house rescinded the famous judgment relative to the Middlesex election, and expunged it from the journals. On the principle of reformation of public economy, an act passed for rendering of their own house, connected with a principle

contractors with government incapable of a seat in parliament. The India Bill, (unfortunately lost in the house of lords,) pursued the same idea to its completion; and disabled all servants of the East India company from a seat in that house for a certain time, and until their conduct was examined into and cleared. The remedy of infinite corruptions and of infinite disorders and oppressions, as well as the security of the most important objects of public economy, perished with that bill and that parliament. That parliament also instituted a committee to

inquire into the collection of the revenue in all its branches, which prosecuted its duty with great vigour; and suggested several material improvements.

368

which we hold and exercise in trust for the commons of Great Britain, and for their benefit) shall be constructively surrendered, or even weakened and impaired under ambiguous phrases, and implications of censure on the late parliamentary proceedings. If these claims are not well founded, they ought to be honestly abandoned; if they are just, they ought to be steadily and resolutely maintained.

Of his majesty's own gracious disposition towards the true principles of our free constitution, his faithful commons never did, or could entertain a doubt: but we humbly beg leave to express to his majesty our uneasiness concerning other new and unusual expressions of his ministers, declaratory of a resolution "to support in their just balance, the rights and privileges of every branch of the legislature."

It were desirable that all hazardous theories concerning a balance of rights and privileges (a mode of expression wholly foreign to parliamentary usage) might have been forborne. His majesty's faithful commons are well instructed in their own rights and privileges, which they are determined to maintain on the footing upon which they were handed down from their ancestors: they are not unacquainted with the rights and privileges of the house of peers; and they know and respect the lawful prerogatives of the crown: but they do not think it safe to admit any thing concerning the existence of a balance of those rights, privileges, and prerogatives; nor are they able to discern to what objects ministers would apply their fiction of balance; nor what they would consider as a just one. unauthorized doctrines have a tendency to stir improper discussions; and to lead to mischievous innovations in the constitution.*

These

*If these speculations are let loose, the house of lords may quarrel with their share of the legislature, as being limited with regard to the origination of grants to the crown and the origination of money bills. The advisers of the crown may think proper to bring its negative into ordinary use; and even to dispute, whether a mere negative, compared with the deliberative power, exercised in the other houses, be such a share in the legislature, as to produce a due balance in favour of that branch; and thus justify the previous interference of the crown, in the manner lately used. The following will serve to shew how much foundation there is for great caution, concerning these novel speculations. Lord Shelburne, in his celebrated speech, April 8th, 1778, expresses himself as follows: Vide Parliamentary Register, vol. x.

"The noble and learned lord on the woolsack, in the debate which opened the business of this day, asserted that your lordships were incompetent to make any alteration in a money bill, or a bill of supply. I should be glad to see

That his faithful commons most humbly recommend, instead of the inconsiderate speculations of unexperienced men, that on all occasions, resort should be had to the happy practice of parliament, and to those solid maxims of government which have prevailed since the accession of his majesty's illustrious family, as furnishing the only safe principles on which the crown and parliament can proceed.

We think it the more necessary to be cautious on this head, as, in the last parliament, the present ministers had thought proper to countenance, if not to suggest, an attack upon the most clear and undoubted rights and privileges of this house.*

the matter fully and fairly discussed, and the subject brought forward and argued upon precedent, as well as all its collateral relations. I should be pleased to see the question fairly committed, were it for no other reason, but to

hear the sleek smooth contractors from the other house, come to this bar and declare, that they and they only, could frame a money bill; and they, and they only, could dispose of the property of the peers of Great Britain. Perhaps some arguments more plausible than those I heard this day from the woolsack, to shew that the commons have an uncontroulable, unqualified right, to bind your lordships' property, may be urged by them. At present, I beg leave to differ from the noble and learned lord; for until the claim, after a solemn discussion of the house, is openly and directly relinquished, I shall continue to be of opinion, that your lordships have a right to alter, amend, or reject a money bill."

The Duke of Richmond also, in his letter to the volunteers of Ireland, speaks of several of the powers exercised by the house of commons, in the light of usurpations; and his grace is of opinion, that when the people are restored to what he conceives to be their rights, in electing the house of commons, the other branches of the legislature ought to be restored to theirs. Vide Remembrancer, vol. xvi.

*By an act of parliament, the directors of the East India company are restrained from accep tance of bills drawn from India, beyond a certain amount, without the consent of the commissioners of the treasury. The late house of commons finding bills to an immense amount, drawn upon that body by their servants abroad, and knowing their circumstances to be exceedingly doubtful, came to a resolution providently cautioning the lords of the treasury against the acceptance of these bills, until the house should otherwise direct. The court lords then took occasion to declare against the resolution as illegal, by the commons undertaking to direct in the execution of a trust created by act of parliament. The house justly alarmed at this resolution, which went to the destruction of the whole of its superintending capacity, and particularly in matters relative to its own province of money, directed a committee to search the journals, and they found a regular series of precedents, commencing from the remotest of those records, and carried on to that day, by

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