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therefore, that his Majesty is bound up from exercising his prerogative, and that the matter has been committed to parliament. Supposing this to be strictly true, has not the Act alluded to created the very power under which the commissioners are to act? Supposing it otherwise, will the crown be denied the exercise of its inherent prerogative in the present instance only, where it is most wanted? But, my lords, the distinction of a legislative war is perfectly new. Was not the war relative to the succession, and several others of the same kind, legislative wars? May not every war be called so, which has been carried on by the express desire or consent of parliament? I do not, indeed, recollect one carried on since the Revolution, with out that sanction.

This country, my lords, is now arrived at a very tremendous crisis, just commencing a war of a nature entirely new; a war, that must necessarily be very expensive, and the issue of which no man can foretel. It is true, that the kingdom will in a great measure be left defenceless; that we can have no certainty that France or Spain will long preserve their present pacific dispositions; that we have been reduced to the necessity of hiring foreign troops, and sending to the ports of other kingdoms for transports. But how, my lords, were these circumstances to be avoided? America has rebelled; America is in arms; not defensively, but offensively; even if we were willing to cease hostilities, they are not. We must therefore act with vigour, and we must at least shew ourselves de. termined to surmount their opposition. Happy would it be for us, if any means could be devised of ending the quarrel without bloodshed; but does the present motion tend to such an effect? Without proposing to save a shilling of the enormous expence the nation has been at, in providing and equipping the armaments to be sent out this year to America; it agrees that the troops should proceed; but when they shall arrive at the place of their respective destinations, they are to remain with their arms folded, inactive and unemployed. What then-commissioners are to treat with the congress; they are to prepare a petition of grievances, which the petitioners are to bring to England. The congress will laugh in their sleeves at our folly; they will reprint their declaration of war under a new title, for that states what they term their grievances. We shall lose a campaign, of which they will take care

to avail themselves, and the next spring we shall have the whole to begin again. This, my lords, would, I conceive, be the issue of the present motion; I therefore oppose it, as nugatory, ill-timed, and ineffectual.

Lord Camden. I shall not trouble your lordships at this late hour of the night, in making observations on the many curious matters your lordships have been now entertained with. I cannot help, however, making one remark, which personally ap plies to the learned lord; that is, his say. ing very little to the question, and a great deal on other subjects, according to his lordship's language, not at all connected with the present motion. I shall confine myself to that part of his lordship's speech, which relates to the power of granting pardons. The learned lord surely misun derstood me, if he imagined that I questioned the king's power to pardon. No, my lords, what I contended, was what I pledge myself to your lordships that I shall be able to prove, that the king cannot pardon in the lump, without the aid of parliament, offences against the state; much less can he pardon or agree to any terms short of the claims and conditions which parliament have defined to be the true basis of conciliation. The noble lord, by the pains he has taken to defend the act, seems to be the father rather than the casual defender of it. He says, that the commissioners will take care not to trans

gress the limits of their commissions. Will his lordship tell me, that the latter extends an inch farther than the mere power of granting pardons, on terms of submission, by the people of America laying down their arms, and throwing themselves unconditionally at the feet of this country? This, then, being the true state of the case, it brings me to the point I set out from; which is, that the present motion is become necessary, to prevent the further effusion of human blood; and as the means of putting an end to a war, which must inevitably bring on the destruction of either, if not of both countries; it will supply the defect of the Bill, I have been now commenting on; it will be the means of drawing forth specifications from the parties, of their respective claims, and will consequently lay a foundation for treaty, which can be the only safe road to conciliation; whereas the clause in the Capture Act is nugatory and delusive. It leaves the matter just as it found it, according to the learned lord's own ideas;

for if the king could delegate the power of pardoning and receiving submissions, the act of parliament says no more; and as to any power of conceding or conciliating upon terms short of unconditional submission, which is an explanation too improbable for your lordships to look for, unless preceded by actual conquest; his lordship, I dare say, on reflection, is perfectly satisfied, that no such power is contained or delegated by the clause in question.

Viscount Weymouth. My lords, a question has been pressed by a noble lord (Lyttelton) relative to the present disposition of the courts of Versailles and Madrid, which I do not think myself at all bound to answer, as a member of this House; nor in any other capacity, unless called upon by an address to the crown for papers. I am happy, however, to remove the doubts suggested by the noble lord, by assuring your lordships, that at no time within my recollection, had this country less reason to be jealous of the dispositions of those courts, than at present. His Majesty's ministers have received repeated assurances of their pacific intentions; and I am further convinced, that although they should have entertained sentiments diametrically opposite to those they profess, they have it no more in their power than in their inclination, to effectuate any measure which might be the means of involving this country in a war, or of impeding the plan of operations designed to be carried into execution. The noble duke who made the motion, had stated a fact, relative to two French gentlemen arriving in the rebel camp, and after having an interview with the general, of their proceeding to the congress at Philadelphia. I have heard that there were two persons at the head quarters at Cambridge, of the description mentioned; but when I heard it, I looked upon it, that they were gentlemen who were making a tour of the American continent for their amusement: or merchants, who went there to negociate matters in the way of trade, on their own private account; and I think so still.

the House to extraneous matter. Thus the learned lord, (Mansfield) has claimed a kind of triumph, by commenting upon every thing which seemed not immediately to relate to the motion now before your lordships, and in the very spirit of the conduct he has reprehended in others, has sat down without saying any thing, or next to nothing, on the question under consideration. I differ widely from the learned lord; for I shall ever be of opinion, that every object connected with the present cause of dispute with America, is well worthy of your lordships' consideration. I hope I have too great respect for your lordships, to offer any motion to your consideration which I thought did not merit the attention of parliament; and, I own, I cannot avoid being much surprized, that an attempt to have it laughed away should be made; when, I am conscious, that I took every possible precaution in my power, to frame it in such a manner as to leave the subject open, and not by narrowing it preclude every part of the House, to unite on some general principle, which might, on the onset, be the means of putting a speedy stop to the further effusion of human blood. But, my lords, nothing which has happened on the present occasion can induce me to desist from what I have so sincerely at heart, the restoration of peace. I am willing to give up any part of the motion, which may seem objectionable to those who only have it in their power to give it effectual support. I am ready to alter, omit, or amend, so that the principle of conciliation be preserved. I am desirous, that it should be sent to a committee to consider of it, and report their opinion thereon to the House. And I once more conjure your lordships to reflect, that the honour of parliament, the prosperity and dearest interest of both countries, the lives of thousands of British subjects are at stake, that the present is probably the only moment you will ever have to snatch them from the ruin which will otherwise inevitably await them, and that the consequences of neglecting this opportunity, will be the source of endless mourning and lamentation to ages yet unborn.

The Duke of Grafton. My lords, I have long observed, that some persons, from long experience in the modes of controversy adopted in the courts below, where matters are frequently represented in every light but the true one, have acquired a knack of holding up the weak parts of a debate ludicrously; and when they find themselves pressed in argument, resort to ridicule, in order to draw the attention of Motion for a more equal Representation of

The House divided. Contents 28; Proxies 3-31. Non-Contents 71; Proxies 20-91.

Debate in the Commons on Mr. Wilkes's

the People in Parliament.] March 21. | dered the distinction of the citizen of The order of the day being read,

Mr. Wilkes rose and said:

Mr. Speaker; all wise governments, and well-regulated states, have been particularly careful to mark and correct the various abuses, which a considerable length of time almost necessarily creates, Among these, one of the most striking and important in our country is, the present unfair and inadequate state of the representation of the people of England in parliament. It is now become so partial and unequal from the lapse of time, that I believe almost every gentleman in the House will agree with me in the necessity of its being taken into our most serious consideration, and of our endeavouring to find a remedy for this great and growing evil.

I wish, Sir, my slender abilities were equal to a thorough investigation of this momentous business. Very diligent and well-meant endeavours have not been wanting to trace it from the first origin, The most natural and perfect idea of a free government is, in my mind, that of the people themselves assembling to determine by what laws they chuse to be governed, and to establish the regulations they think necessary for the protection of their property and liberty against all violence and fraud. Every member of such a community would submit with alacrity to the observance of what had been enacted by himself, and assist with spirit in giving efficacy and vigour to laws and ordinances, which derived all their authority from his own approbation and concurrence. In small inconsiderable states, this mode of legislation has been happily followed, both by ancient and modern times. The extent and populousness of a great empire seems scarcely to admit it without confusion or tumult: and therefore our ancestors, more wise in this than the ancient Romans, adopted the representation of the many by a few, as answering more fully the true ends of government, Rome was enslaved from inattention to this very circumstance, and by one other fatal act, which ought to be a strong warning to the people, even against their own representatives, the leaving power too long in the hands of the same persons, by which the armies of the republic became the armies of Sylla, Pompey and Cæsar. When all the burghers of Italy obtained the freedom of Rome, and voted in public assemblies, their multitudes ren

Rome and the alien impossible. Their assemblies and deliberations became disorderly and tumultuous. Unprincipled and ambitious men found out the secret of turning them to the ruin of the Roman liberty and commonwealth. Among us this evil is avoided by representation, and yet the justice of the principle is preserved. Every Englishman is supposed to be present in parliament, either in person, or by a deputy chosen by himself, and therefore the resolution of parliament is taken to be the resolution of every individual, and to give to the public the consent and apprebation of every free agent of the com. munity.

According to the first formation of this excellent constitution, so long and so justly our greatest boast and best inheritance, we find that the people thus took care no laws should be enacted, no taxes levied, but by their consent, expressed by their representatives in the great council of the nation. The mode of representation in ancient times being tolerably adequate and proportionate, the sense of the people was known by that of parliament, their share of power in the legislature being preserved, and founded in equal justice. At present it is become insufficient, partial, and unjust.

From so pleasing a view as that of the equal power, which our ancestors had, with great wisdom and care, modelled for the Commons of this realm, the present scene gives us not very venerable ruins of that majestic and beautiful fabric, the English constitution. As the whole seems in disorder and confusion, all the former union and harmony of the parts are lost or destroyed. It appears, Sir, from the writs remaining in the King's remembrancer's office in the exchequer, that no less than 22 towns sent members to the parliament in the 23rd, 25th, and 26th of Edward 1, which have long ceased to be represented. The names of some of them are scarcely known to us, such as those of Canebrig and Bamburg in Northumberland, Pershore and Brem in Worcestershire, Jarvall and Tykhull in Yorkshire, What a happy fate, Sir, has attended the boroughs of Gatton and Old Sarum, of which, although ipse periere ruine, the names are familiar to us, the clerk regularly calls them over, and four respectable gentlemen represent their departed great. ness, as the knights at a coronation represent Aquitaine and Normandy The little

city of Durham, and two for Newark on Trent. This House is at this hour composed of the same representation it was at his demise, notwithstanding the many and important changes which have since happened. It becomes us therefore to enquire, whether the sense of parliament can be now, on solid grounds, from the present representation, said to be the sense of the nation, as in the time of our forefathers. I am satisfied, Sir, the sentiments of the people cannot be justly known at this time from the resolutions of a parliament, composed as the present is, even though no undue influence was practised after the return of the members to the House, even supposing for a moment the influence of all the baneful arts of corruption to be suspended, which, for a moment, I believe, they have not been, under the present profligate administration. Let us examine, Sir, with exactness and candour, if the representation is fair and perfect; let us consider of what the efficient parts of this House are composed, and what proportion they bear, on the large scale, to the body of the people of England, who are supposed to be represented.

town of Banbury, petite ville, grand renom,' as Rabelais says of Chinon, has, I believe, only 17 electors, yet gives us in its representative, what is of the utmost importance to the majority here, a first lord of the Treasury, and a chancellor of the Exchequer. Its influence and weight on a division, I have often seen overpower the united force of the members for London, Bristol, and several of the most po*pulous counties. East Grinstead too, I think, has only about 30 electors, yet gives a seat among us to that brave, heroic lord (George Germaine) at the head of a great civil department, now very military, who has fully determined to conquer America--but not in Germany! It is not, Sir, my purpose to weary the patience of the House by the researches of an antiquary into the ancient state of our representation, and its variations at different periods. I shall only remark shortly on what passed in the reign of Henry 6, and some of his successors. In that reign, sir John Fortescue, his chancellor, observed that the House of Commons consisted of more than 300 chosen men; various alterations were made by succeeding kings till James 2. No change has happened since that period. The southern part of this island, to Great abuses, it must be owned, contrary which I now confine my ideas, consists of to the primary ideas of the English con- about five millions of people, according to stitution, were committed by our former the most received calculation. I will state princes, in giving the right of representa- by what numbers the majority of this tion to several paltry boroughs, because House is elected, and I suppose the largest the places were poor, and dependent on number present of any recorded in our them, or on a favourite overgrown peer. Journals, which was in the famous year The land marks of the constitution have 1741. In that year the three largest divioften been removed. The marked par- sions appear on our Journals. The first is tiality for Cornwall, which single county that of the 21st of January, when the numstill sends, within one, as many members bers were 253 to 250; the second on the as the whole kingdom of Scotland, is 28th of the same month, 236 to 235; the striking. It arose from yielding to the third on the 9th of March, 244 to 243. crown in tin and lands a larger hereditary In these divisions the members for Scotrevenue than any other English county, land are included; but I will state my calas well as from the duchy being in the culations only for England, because it gives crown, and giving an amazing command the argument more force. The division and influence. By such abuses of our therefore, I adopt, is that of January 21. princes the constitution was wounded in The number of members present on that its most vital part. Henry 8 restored two day were 503. Let me, however, suppose members, Edward 6 twenty, queer Mary the number of 254 to be the majority of four, queen Elizabeth twelve, James I six-members, who will ever be able to attend teen, Charles 1 eighteen, in all seventy- in their places. I state it high, from the two. The alterations by creation in the accidents of sickness, service in foreign same period were more considerable, for parts, travelling and necessary avocations. Henry 8 created thirty-three, Edward 6 From the majority of electors only in the twenty-eight, queen Mary seventeen, boroughs, which return members to this queen Elizabeth forty-eight, James 1 House, it has been demonstrated, that this eleven; in all 173. Charles 1 made no number of 254 is elected by no more than new creation of this kind. Charles 25,723 persons, generally the inhabitants of added two for the county, and two for the Cornish, and other very insignificant bo

roughs, perhaps by not the most respect-lead, we may be satisfied, when we see the

able part of the community. Is our sovereign, then, to learn the sense of his whole people from these few persons? Are these the men to give laws to this vast empire, and to tax this wealthy nation? I do not mention all the tedious calculations, because gentlemen may find them at length in the works of the incomparable Dr. Price, in Postlethwaite, and in Burgh's Political Disquisitions. Figures afford the clearest demonstration, incapable of cavil or sophistry. Since Burgh's calculations only one alteration has happened. I allude to the borough of Shoreham in Sussex. By the Act of 1771, all the freeholders of 40s. per annum in the neighbouring rape or hundred of Bramber are admitted to vote for that borough; but many of the old electors were disfranchised. It appears likewise, that 56 of our members are elected by only 364 persons. Lord Chancellor Talbot supposed that the majority of this House was elected by 56,000 persons, and he exclaimed against the injustice of that idea. More accurate calculations than his lordship's, and the unerring rules of political arithmetic, have shewn the injustice to be vastly beyond what his lordship even suspected.

bare name of a town, of which there remains not so much as the ruins, where scarce so much housing as a sheep-cote, or more inhabitants than a shepherd, is to be found, sends as many representatives to the grand assembly of law-makers, as a whole county, numerous in people, and powerful in riches. This strangers stand amazed at, and every one must confess, needs a remedy." After so great an authority as that of Mr. Locke, I shall not be treated on this occasion as a mere visionary; and the propriety of the motion I shall have the honour of submitting to the House, will scarcely be disputed. Even the members for such places as Old Sarum and Gatton, who, I may venture to say at present stant nominis umbræ, will, I am persuaded, have too much candour to complain of the right of their few constituents, if indeed they have constituents, if they are not self-created, self-elected, self-existent, of this pretended right being transferred to the county, while the rich and populous manufacturing towns of Birmingham, Manchester, Leeds, Sheffield, and others, may have at least an equitable share in the formation of those laws by which they are governed. My idea, Sir, When we consider, Sir, that the most in this case, as to the wretched and depoimportant powers of this House, the levy-pulated towns and boroughs in general, I ing taxes on, and enacting laws for, five freely own, is amputation. I say with millions of persons, is thus usurped and Horace, "Inutiles ramos amputans, feliunconstitutionally exercised by the small ciores inserit." number I have mentioned, it becomes our duty to restore to the people their clear rights, their original share in the legislature. The ancient representation of this kingdom, we find, was founded by our ancestors in justice, wisdom, and equality. The present state of it would be continued by us in folly, obstinacy, and injustice.

This evil has been complained of by some of the wisest patriots our country has produced. I shall beg leave to give that close reasoner Mr. Locke's ideas in his own words. He says, in the treatise on Civil Government, "Things not always changing equally, and private interest often keeping up customs and privileges, when the reasons of them are ceased, it often comes to pass, that in governments, where part of the legislative consists of representatives chosen by the people, that in tract of time this representation becomes very unequal and disproportionate to the reasons it was at first established upon. To what gross absurdities the following of a custom, when reason has left it, may

This is not, Sir, the first attempt of the kind to correct, although in an inconsiderable degree, this growing evil. Proceedings of a similar nature were had among us above a century past. The clerk will read from our Journals what passed on the 26th of March, 1668, on a Bill to enable the county palatine of Durham to send two knights for the county, and two citizens for the city of Durham. [The Clerk reads.] In a book of authority, Anchitell Grey's Debates, we have a more particu lar account of what passed in the House on that occasion. He says, that "Sir Thomas Meres moved, that the shires may have an increase of knights, and that some of the small boroughs, where there are but few electors, may be taken away, and a Bill for that purpose." We find afterwards, " on a division, the Bill was rejected, 65 to 50." This division, however, alludes only to the Bill then before the House, respecting the county and city of Durham. I desire to add the few remarkable words of sir Thomas Strickland

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