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give that indulgence to my situation, which I should have little claim to upon any other pretensions.

plied, he could not tell; but for his part he should wish it to be the latter, otherwise it would return to interrupt the public business every session, and consequently, be a perpetual subject of discussion and disagreement.

Mr. T. Townshend said, that the House was at a loss even so much as to conjecture what were the intentions of administration, or what the present resolution pointed at; that nothing hitherto offered by the noble lord had in the least degree operated towards the alteration of his sentiments. He thought the resolution impracticable, whether it meant to enforce obedience, or effect reconciliation.

Sir Richard Sutton said the objects to which the resolution was directed were very apparent.

Sir, I think an explanation the more necessary, because both without doors and within, allusions and references are making continually to the sentiments of those who are to act in the military department-a very important, but very unenviable lot. In some of the licentious prints of the times there have not been wanting suggestions to the public, that a sanguinary minister had chosen the generals best fitted by their inclinations to carry havock and destruction through the continent of America. Within these walls we have been treated very differently indeed: we have found an attention, a respect, a favour of opinion and of expression, that has imprinted upon my mind, and I am persuaded equally upon the minds of my colleagues, a sincere satisfaction and a deep sense of gratitude to gentlemen on all sides of the House. But still, Sir, I have observed Mr. Hans Stanley said, that some time through the course of the debate an opibefore the late Address of both Houses to nion to prevail that a great latitude of his Majesty, this proposal was talked of orders is to be given, and that in acting and approved, by several persons of very under such latitude we shall be influenced high rank in business. Instructions as to by the speeches we hear in this place, the sums to be raised, must undoubtedly some of which are supposed to convey the be confined to people in confidence. He most inflammatory ideas, others, ideas of then proceeded to distinguish between the the most humiliating concession. I do not acts of a congress, and an assembly legally know, Sir, that any such latitude will be and constitutionally convened, and ground-given, at least it will hardly extend to my ed the whole weight of his argument on that distinction, shewing that it might be extremely proper to agree to propositions made by one, while it would be madness so much as to treat with the other.

Mr. Charles Turner cited some of the most objectionable parts of the American Bills of last session, and said, that they were the most tyrannical and oppressive that were ever passed.

Mr. Alderman Sawbridge was very pointed on some of the expressions which fell from the last hon. member, relative to those who appeared the partizans of America. He owned himself of that number, and gloried in the imputation.

General Burgoyne. Sir, from the time I have been under orders to serve in America, I have thought it an unbecoming part to give my voice as a judge in any American question, this upon your paper only excepted. But having taken some share in the debates of last year which have been misrepresented, and having appeared in some divisions this year, before I had any knowledge or suspicion of my destination, I anxiously wish to take this occasion to explain the motives upon which I have invariably acted; and notwithstanding the exhausted state of the debate, I rise with confidence in the House, that they will [VOL. XVIII.]

inferior station. The utmost merit I shall be able to claim in this expedition, will probably be that of an attentive, an assiduous, circumscribed obedience. But I can speak with confidence of those under whom I am to leave this country, as well as of the high and respectable officer who now commands in America; such men will not want the oratory of this House to give a due tone to their spirit or their humanity.

A noble sentiment fell from an hon.

gentleman in my eye, (colonel Barré) "that bravery and compassion were associate virtues" may they remain blended on the minds of every military man in America; let a persuasion uniformly prevail, that upon a review of our conduct hereafter, by our dispassionate and impartial countrymen, our bravery will be judged by the test of our compassion. Should we inevitably be made the instruments of punishment, let every action of the unhappy conflict be directed and marked by that temper which ever ought to discriminate the correction of the state from the sudden [2 A]

and impetuous impulse of passion and re- if any gentleman denies the particular apvenge: but with these principles at the plication of it. Is there a man in England heart of every soldier, and these they will (I am confident there is not an officer or be; for there is a charm in the very wan- soldier in the King's service) who does derings and dreams of liberty that disarms not think the parliamentary rights of Great an Englishman's anger; with these prin- Britain a cause to fight for, to bleed and die ciples at the heart, care must be taken for? Sir, I will assert, that the professed that the honour, the ascendancy, the im- advocates of America have never ventured pression of the British arms be not insulted to meet this argument fairly. They have or diminished in the hands of those to always shifted it to collateral enquiries, whom they are intrusted; and while we accusation, recrimination, and examination remember we are contending against fellow of the measures by which we have been subjects and brothers, it must not be for-led into our present dilemma. Sir, past got we are contending in the crisis, and for the fate of the British empire.

errors may be great and manifest; every administration for ten years past may have had their share. It is not my present purpose to justify any. Enquiries may be very proper, at a proper time: but as a member of parliament, I hold myself indispensibly called upon to take up question, upon this important, now this unparalleled moment in the English history, when we tamely suffered government to be suspended, when we sit here the mere sha

ment, assembling only to lament the sub stance we have lost, and to propose and subtilise questions of our own impotency.

An honourable young member (Mr. Ackland) who has entered into the army with a zeal that justly intitles him to the esteem of every officer, and whose parliamentary spirit and talents have this day proved him a most valuable acquisition to this House, asked, early in the debate, Whether it could be supposed, those Americans who denied the authority of British legislature, would accept the mode of tax-dow of authority, the phantom of a parlia ation proposed by these resolutions? I believe they will not; and I differ with him so far upon this occasion, as to say, I do not like the resolution the worse upon that account. While it holds out conciliation to those who wish to return to obedience and fidelity, and must be accepted by all rational men and well intentioned subjects, the refusal of it will be as explicitly and decisively declaratory, as any manifesto could express, of the principles on which they act, who continue to resist, and it puts the dispute on clear ground.

Sir, in foreign wars the conscience of the quarrel belongs to the state alone. The soldier draws his sword with alacrity: the cause in which he engages rests between God and his prince, and he wants no other excitements to his duty, than such as the glory of his country, personal honour, and just ambition will suggest. In civil discord (without enquiring casuistically, whether in any, or in what possible case, a military servant of the crown can be justified in declining a service to which he is legally commanded) I believe, a consideration of the cause will find its way to the breast of every conscientious man; and in the execution of his duty, he will find sorrow and remorse on one side, or satisfaction and inward comfort on the other, according to the private judgment he entertains. I perceive gentlemen on every side of the House acknowledge the truth of this general observation. Sir, I shall be astonished

Sir, another method of evading a debate upon the true merits of this question, has been, to confound the understanding. In. genious men will run changes upon real and virtual representation, external and internal taxes, revenue and regulation, till one's head grows dizzy with distinctions, and the most gross absurdities and contradictions become, for a moment, specious. But it is not in rhetoric or sophistry to argue the great rational majority of the people of England out of the plain, simple, proposition, which is contained in the Decla ratory Act of the 6th of the present King. The reason of the nation has been long convinced; the trial now only is whether we have spirit to support our conviction.

Sir, if the whole body of the kingdom does not rouse at this alarm, and shake off that torpitude under which our public spirit has long shamefully languished; if every class and distinction of men do not join in this great cause; if our merchants and manufacturers do not in one instance take example from the Americans, and render it glorious by adapting it to a better cause; if they do not feel insult and af front in the suspicion, that while one country dares the interruption of commerce to effectuate her chimerical claims, the other will not exert equal fortitude to vindicate her fundamental rights; if this be our

wretched state, I agree that the sooner a formal surrender is made, the better; let Great Britain revert to her primitive in-nister well understood to put this House significancy in the map of the world, and in good humour at all times; and he supthe congress of Philadelphia be the legis- posed in time, that he would cause this lature to dispense the blessings of empire. good humour to reach the other side of Let us spare the blood of our subjects, let the Atlantic, though he had hitherto failed us spare the treasures of the state; but let in his attempts. He concluded by obus at the same time confess, we are no serving, that there had been no precedent more a people. for our obliging the colonies to raise taxes, but the Romans, who plundered those who were under their dominion, and brought the plunder to Rome, which was in the end the cause of the destruction of that once glorious and powerful empire.

ribbons, red ribbons, lords and knights' would bring about great things. The mi

Sir, after this avowal of my principles it might be thought, that I sought the situation in which I am going to be em ployed. I publicly declare I did not seek it. I will take leave to say on the part of my colleagues, it was sought by none of us, but it was accepted with that submission which is due from servants of the crown, and with that sense of gratitude to his Majesty which the importance of the trust required. I feel an additional call of gratitude on my own part, for the honour my name receives in being classed with those of the distinguished officers to whom I have alluded.

I will trespass no longer upon the time of the House; with the sentiments I have expressed I take leave of all American questions; with these sentiments I shall take leave of my country; I shall endeavour to maintain them in arguments if admitted to any intercourse in America. I shall enforce them to the best of my power if called upon to act in the line of my profession; conscientiously convinced that upon the due support of them both here and on the other side the Atlantic, the existence of this country and constitution, directly, emphatically, and conclusively depends.

Governor Johnstone replied to several things which dropped from the noble lord. He said, that on a former occasion parliament had charged the East India Company with 11 millions for ships, forces, &c. sent to their assistance, but owned afterwards it was not so much, and he doubted not but that several of the millions now so roundly charged to the account of America, would be discovered to be no better founded, though we even brought the expences of the present for midable armament to account. posed, if America consented to the grants now proposed, that they would in time be managed as the Irish are, and that douceurs out of the sums raised would be distributed with equal success among the colonists, and what could not be effected one way, would be carried another: blue

He sup

The Resolution was agreed to.

Debate in the Commons on Mr. Wilkes's

Motion for expunging the Resolution respecting his Expulsion.] Feb. 22. The Lord Mayor, Mr. Wilkes, rose and said:

Sir; the motion which I shall have the honour of submitting to the House, affects, in my opinion, the very vitals of this constitution, the great primary sources of the power of the people, whom we represent, and by whose authority only, delegated to us for a time, we are a part of the legislative body of this kingdom. The proceedings of the last parliament in the business of the Middlesex elections, gave a just alarm to almost every elector in the nation. The fatal precedent then attempted to be established, was considered as a direct attack on the inalienable rights of the people. The most respectable bodies in this kingdom expressed their abhorrence of the measure. They proceeded so far as to petition the crown for the dissolution of that parliament, as having been guilty of a flagrant abuse of their trust. Above 60,000 of our fellow-subjects carried their complaints to the foot of the throne; a number surely deserving the highest regard from a minister, if his whole attention had not been engrossed by the small number of the 6,000 who return the majority of members to this House. The people, Sir, were in a ferment, which has not yet subsided. They made my cause their own, for they saw the powers of government exerted against the constitution, which was wounded through my sides, and the envenomed shafts of a wicked administration pointed at our laws and liberties no less than at a hated individual. The plan was carried on for some years with a spirit of malevolence and rancour, which would have disgraced the very worst, but

only 296. The same day this House voted, "that Mr. Luttrell ought to have been returned." On the 29th of April, a Petition was presented to the House from the freeholders of Middlesex by a worthy baronet (sir George Savile), who is not only an honour to this House, but to human nature; notwithstanding which, the House on the 8th of May resolved, "That Henry Lawes Luttrell, esq. is duly elected a knight of the shire to serve in this present parliament for the county of Middlesex."

These, Sir, are the great outlines, the leading facts. I will not trouble the Clerk to read all the Resolutions, to which I have alluded. They are fresh, I am persuaded, in the memories of gentlemen. I only call for that of Feb. 17, 1769, respecting incapacity as the certain consequence of expulsion. [The Clerk read the Resolution.]

with a perseverance which would have done honour to the best cause. I do not mean, Sir, to go through an irksome detail of the various persecutions and injuries which that person suffered, I hope with a becoming fortitude. I have forgiven them. All the great powers of the state were at one time combined to pour their accumulated vengeance on me. The two Houses of Parliament chose me as the most acceptable victim, which could be sacrificed at the shrine of their court idolatry; and even imperial Jove pointed his thunder-bolts, "red with uncommon wrath," at my devoted head.* I was scorched, but not consumed. The broad shield of the law protected me. A generous public, and my noble friends, the freeholders of Middlesex, the ever steady friends of liberty and their country, poured balm into my wounds. They are healed so that scarcely a scar remains. But, Sir, I feel, I deeply feel the wounds given to the constitution. They are still bleeding, and this House only can heal them, as well as restore the constitution to its former state of purity, health, and vigour. May I be permitted to point out the mode of cure, and the salutary methods, which I think you ought to apply? Before I proceed to the remedy, I shall beg the in-pelled this House, was, and is incapable dulgence of the House to state the case with precision and accuracy. I hope they will forgive a dry, but candid and short narrative of the principal facts, because I mean to argue from them. I will give them as brief as possible, and with all the impartiality of a by-stander.

Mr. Wilkes was first elected for the county of Middlesex, on the 28th of March 1768. He was expelled the 3rd of February 1769, and the second time chosen, without opposition, the 16th day of the same month. On the day following the election was vacated, and he was declared by a majority of the House incapable of being elected into that parliament. Notwithstanding this resolution of the House, he was a third time, on the 16th of March, elected without opposition; for I suppose the ridiculous attempt of a Mr. Dingley, who had not a single freeholder to propose, or vote for him, can hardly be called an opposition. That election however was declared void the next day. On the 13th of April Mr. Wilkes was a fourth time elected, by a majority of 1,143 votes against Mr. Luttrell, who had

* See Vol. 15, p. 1331.

Now, Sir, I think it fair to state to the House the whole of what I intend to move in consequence of the facts stated, and the Resolution just read. The first motion I intend is, "That the Resolution of this House of the 17th of February, 1769, That John Wilkes, esq., having been, in this session of parliament, ex

' of being elected a member to serve in this present parliament,' be expunged from the Journals of this House, as being subversive of the rights of the whole body of electors of this kingdom." This I hold of necessity to restore the constitution, which that Resolution tears up by the roots. I shall then, if I succeed, if justice and a reverence for the constitution prevail in this parliament, proceed to the other motion," That all the declarations, orders, and resolutions of this House, respecting the election of John Wilkes, esq. for the county of Middlesex, as a void election, the due and legal election of Henry Lawes Luttrell, esq. into the last parliament, for the county of Middlesex, and the incapacity of John Wilkes, esq. to be elected a member to serve in the said parliament, be expunged from the Journals of this House, as being subversive of the rights of the whole body of electors of this kingdom."

The words of the Resolution of the 17th of February 1769, which I mean more par ticularly to combat, are, "was and is incapable," and the explanation of them the same day in the order for a new writ, "in the room of John Wilkes, esq. who is ad

do derive their authority, and can have no other but that which is given to them by those that have the original right to chuse them." The greatest law authorities, both ancient and modern, agree in the opinion, that every subject of the realm, not disqualified by law, is eligible of common right. Lord Coke, lord chief justice Holt, and Mr. Blackstone, are the only authorities which I shall cite. I regard not, Sir, the slavish, courtly doctrines propagated by lawyers in either House of Parliament, as to the rights of the subject, no more than I do as to what they pronounce high treason and rebellion. Such doctrines are delivered here only to be reported elsewhere. These men have their reward. But the venal tongue of a prostitute advocate or judge is best answered by the wise and sober pen of the same man, when in a former cool moment, unheated by party rage or faction, after the fullest deliberation, he gave to the nation, to the present age, and to posterity, a fair and impartial detail of their undoubted rights, and when he laid down in clear and express terms the plain law of the land. Lord Coke says, "He which is eligible of common right, cannot be disabled by the said ordinance in parliament, unless it had been by act of parliament." Lord chief justice Holt declares, "the election of knights belongs to the freeholders of counties; and it is an original right, vested in and inseparable from the freehold, and can no more be severed from their freehold, than their freehold itself can be taken away." Mr. Justice Blackstone, in the first book of his Commentaries on the Laws of England, has the following words, "subject to these restrictions and disqua lifications, every subject of the realm is eligible of common right." This common right of the subject, Sir, was violated by the majority of the last House of Commons; and I affirm, that they, and in particular, if I am rightly informed, the noble lord with the blue ribband, committed by that act high treason against Magna Charta. This House only, without the interference of the other parts of the legislature, took upon them to make the law. They adjudged me incapable of being elected a member to serve in that parliament, although I was qualified by the law of the land, and the noble lord declared in this House, " if any other candidate had only six votes, he would seat him for Middlesex." I repeat it, Sir, this violence was a direct infringement of Magna Char

judged incapable of being elected a member to serve in this present parliament." In the first formation of this government, in the original settlement of our constitution, the people expressly reserved to themselves a very considerable part of the legislative power, which they consented to share jointly with a King and House of Lords. From the great population of our island this right could not be claimed and exercised personally, and therefore the many were compelled to delegate that power to a few, who thus were chosen their deputies and agents only, their representatives. It follows directly from the very idea of a choice, that such choice must be free and uncontrouled, admitting of no restrictions, but the law of the land, to which the King and the Lords are equally subject, and what must arise from the nature of the trust. A peer of parliament, for instance, cannot be elected a member of the House of Commons, because he already forms a part of another branch of the same legislative body. A lunatic has a natural incapacity. Other instances might be mentioned, but these two are sufficient. The freedom of election is, then, the common right of the people of England, their fair and just share of power; and I hold it to be the most glorious inheritance of every subject of this realm, the noblest, and, I trust, the most solid part of that beautiful fabric, the English constitution. Here I might lead, Sir, on the most respectable authorities which can be cited, the supreme judicature of this kingdom, and the venerable judges of former ages as well as of our own times. I met them accidentally this morning in the course of my reading, as an old friend of Wilkes and Liberty, now alas! lost to every sense of duty to his country, (the duke of Grafton) frequently tells another great assembly, that he accidentally meets in this manner all his tiresome quotations. The House of Peers, Sir, in the case of Ashby and White in 1704, determined," a man has a right to his freehold by the common law; and the law having annexed his right of voting to his freehold, it is of the nature of his freehold, and must depend upon it." On the same occasion likewise they declared, "it is absurd to say, the electors' right of chusing is founded upon the law and custom of parliament. It is an original right, part of the constitution of the kingdom, as much as a parliament is, and from whence the persons elected to serve in parliament

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