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the Regent with all the powers of execu- | withhold any part of the executive power,
tive government, might prove dangerous
to the public welfare, does the right hon.
gentleman mean to state, that any of the
established powers of executive govern-
ment are superfluous, that they can be
spared, that they are detrimental? Has
he ever found, during his administration,
that they were more than sufficient for the
public service? If he answers "no, they
are neither superfluous nor detrimental;
but it is improper to vest them in the
hands of the Regent," with what front can
that right hon. gentleman maintain, that
those powers and authorities which he
admits not to be dangerous, not to be
superfluous for the public service in the
hands of a sovereign, in the full possession
of his faculties, can possibly, without great
detriment to the public service, bear limi-
tation, mutilation, and restraint, in the
hands of a regent? Until the right hon.
gentleman reconciles these contradictions,
I defy him to stir one step in the business
of restriction, without involving himself in
the uncomfortable imputation of endea-
vouring to alter, if not to subvert, the
constitution, in a very material point of
executive government.-The colonel said,
that if those considerations were not suffi-
cient to deter from encroaching on the
executive authority, it ought to be recol-
lected, that Montesquieu had foretold,
that the liberties of England would be in
danger, whenever the legislative power
should be more corrupt than the executive
power; that was, whenever the legislative
power should, for personal or party con-
siderations, commit violations on the exe
cutive authority. He then adverted to
the violations of the constitution, com-
mitted at different periods, and said, that
when Henry 8 procured to his own pro-
clamation the authority of law, the con-
stitution was undone : again, when Crom-
well voted the House of Lords useless, it
was a death-blow to the constitution.
And surely now, added the colonel, I
cannot think the constitution free from
danger, when this House has not only
declared it to be the right of this House,
and of the House of Lords, in all possible
cases of the sovereign's incapacity, to
choose whom they please for Regent, to
elect the emperor of Morocco, if they
please, or to elect a Regent, as the Per-
sians did their king Darius, by the neigh-
ing of a horse; but when you are pro-
ceeding to declare, that it is the right of
this House and of the House of Lords, to

to portion out the executive authority, in
what proportions you please, and to whom
you please; there is but one step farther,
in which it is possible for the House to
proceed, and that is, to adopt the wild and
desperate notions of some mad republicans
in the last century, and to parcel out the
powers, authorities, and departments of
executive government. The right hon.
gentleman, in the course of these discus-
sions, had repeatedly resorted to history
and precedent, for which reason he would
beg leave to quote a passage from history
too, by no means as a precedent for the
House to follow, but as an example to
deter from committing encroachments on
the established government of a country.
In the reign of Charles G of France, whe
was in a state of incapacity, Isabeau de-
Bavière was his queen; a princess attached
only to her treasures, influenced by the
chancellor, by the prime minister, and
other principal officers of the court, who
were afraid, that if the government should
be entrusted to the heir apparent, during
the King's incapacity, they would lose
their situation. Under this impression,
the desperate resolution was formed, of
insulting the heir apparent, almost be-
yond the limits of endurance; and mea
sures were actually adopted for excluding
from the government, that able and dis-
tinguished prince, sole heir and represen-
tative of the sovereign. This minister, at
that time the chief confident of Isabeau de
Bavière, was Mervilliers; who commenced
his career in the profession of the law, but
quickly found a nearer opening to ad-
vancement, by the more productive path
of politics. The minister and his party,
trusting to his eloquence, his talents, his
temerity, and his credit with a large por
tion of the public, adopted the desperate
resolution already stated. Charles 6 being
in a state of total incapacity, and conse
quently unable to declare his assent, he
undertook to procure the co-operation of
Isabeau de Bavière, to the exclusion of
her own son from the government, and he
farther undertook to procure the thanks
and approbation of the mayor and corpo-
ration of Paris. What is extraordinary,
he did in fact succeed in this atrocious
endeavour. He accomplished a treaty to
this effect, the treaty of Arras, preliminary
to the famous treaty of Troyes, as re-
corded in the registers of the parliament
of Paris for 1419. By means of the Chan-
cellor, and a fiction of the parliament of

Paris, he affixed the great seal to acts which were the consequence of that treaty; and thus he devised means for giving the royal assent, at a time when the royal assent could not possibly be given. He prevailed on Isabeau de Bavière to ratify that treaty, to the exclusion of her own son from the government, and he was thanked for so doing by the mayor and aldermen and corporation of the city of Paris. But, what were the consequences of these transactions? That the kingdom was involved in all the miseries of a weak, mutilated, and distracted government. There was a double government, a double parliament, a double cabinet, double ministers, double officers of state, and of the household. The kingdom was betrayed to its enemies, and was afterwards rescued from those disasters, by the superior efforts of that brave and distinguished prince whom they had excluded from the government. That prince, who possessed the most interesting qualities, and the most fascinating manners, who had attached to his cause the noblest spirits, and the best abilities of his country, and afterwards, under the name of Charles the victorious, rescued this country from the misery and disgrace in which it had been involved, by those ambitious ministers, from the wretched yoke of Henry 6 of England, that unhappy monarch, whose reign had afforded such abundant subject of quotation, in the course of those debates. Col. Fullarton added, that his object had been, to show the desperate extremities to which the passions of ambitious men might hurry them, and the fatal consequences which had resulted from innovations and violations of the established government of a country; he thanked Heaven, that no such example, nor any thing like it, could as yet be found to stain the annals of England. He had only farther to remark, that the right hon. gentleman had endeavoured, with a peculiar predilection, to shelter his proceedings under the sanction of precedents and analogies of history. Now, said the colonel, I will meet the right hon. gentleman on that ground, and in direct contradiction to the uses which he has endeavoured to make of precedent and analogy, defy him to produce a single instance in the history of any country, where the established legal powers of executive government were mutilated and restrained, without producing inefficiency, counteraction, and disgrace.He was very far

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from wishing to include in these observations, the necessary precautions which, at different periods, had been adopted, for preventing the encroachments of the royal power, and for preserving the liberty and safety of the subject. It was true, that instances had occurred in the English history, where the misfortunes of weak and restrained government appeared almost unavoidable. And why? To prevent the still greater calamities of disputed successions, usurpations, and civil wars, naturally to be dreaded in turbulent times, if all the powers of government were vested in the hands of one man, too nearly connected with the Grown, and possessing too much influence in the country, as in the cases of the dukes of Bedford and Gloucester, during the minority of Henry 6; Richard, duke of Gloucester, during the minority of Edward 5; and Somerset, during the minority of Edward 6. In these, and similar instances, the King, Lords, and Commons, in parliament assembled, making provision for a long minority, had judged it more expedient to expose the king to the misfortunes of a fettered and imperfect government, than to the greater calamities alluded to before. But, would any impartial man, with no such preponderating considerations of danger on his mind, with the history of this country, and the principles and practice of this constitution before his eyes; with a reference to the present circumstances of his Majesty, of the country, of the Prince of Wales, wish to involve the kingdom in the misfortunes of a weak, mutilated, and degraded government? The colonel earnestly intreated the Committee seriously to consider, before they adopted so dangerous and so desperate a resolution.

The Committee divided on Mr Powys's Amendment on the first Resolution: Yeas, 154; Noes, 227. The Resolution as originally moved, was then put, and carried without a division. When strangers were readmitted into the gallery,

Mr. Fox was speaking. He said, that if the maxim which the Solicitor-general had argued from on a former occasion, " that the power which necessity creates, necessity must limit," was true, why was there no limitation to those restrictions which the Resolution went to impose? He contended, that the spirit of the constitution was hostile to the principle; for, it was much less solicitous concerning the qualities and abilities of the person who

exercised the royal authority, than jealous | that no act should be exercised which went to destroy that equipoise in the three branches of the Legislature, which was the basis of the whole. But whatever restrictions were intended to be imposed, neither good policy nor equity directed that there should be no limits as to their duration.

A division now took place, on the second Resolution, relative to the creation of peers; Yeas, 216; Noes, 159. All the other Resolutions, except that respecting the King's household, were then severally put and carried.

had failed to perform their duty; and if they had, he thought it singular that letters so indispensably necessary to the purpose of the ensuing debate should not be produced to the House.

Mr. Jolliffe contended that Mr. Pitt owed such a communication to the House, who ought to be acquainted whether the Prince would or would not, accept the Regency under such and such terms.

Mr. Pitt said, that the hon. gentleman had furnished him with a sufficient argument against giving any intimation of the kind. It would certainly be not only very unparliamentary, but presumptuous to say under what restrictions, or in what manner the Regency would be accepted, at the moment the House was deciding upon the mode of offering it.

Mr. Jolliffe conceived it would be de

Jan.19. Sir Robert Smyth said, that as it would give him concern to become instrumental in retarding the business of great importance which called, at present, for the whole attention of the House, he wished to withdraw the Colchester peti-luding the House, to propose such restriction, and therefore would move accord- tions upon the Regency as his Royal ingly. The question being put, that the Highness would not accept it upon. petition be withdrawn, it was agreed to. Mr. Pitt having moved the order of the day,

Mr. M. A. Taylor begged leave to remark, that rumours had gone abroad, importing that the Prince of Wales had heard of the restrictions. The present question was a question of no common moment, but affected every thing dear to Englishmen: it went to the undermining the constitution, and overthrowing the government of this country. He there fore requested to be informed, whether his Majesty's minister had communicated the Resolutions to the Prince of Wales; and next, whether his Royal Highness had given any answer. If the latter should prove the fact, he meant to move, that the papers be laid before the House. Mr. Pitt doubted whether the hon. gentleman had any regular grounds to go upon, when he asked if ministers had communicated with the Prince of Wales, upon a subject under discussion in the House of Commons; or whether he could show to whom the House could issue orders for the production of such papers.

Mr. Taylor was well aware that no ground could be laid before the House under the present circumstances; but it must prove very easy for the House to be put in possession of the sort of information necessary, as there was a member in that House who must have knowledge of such letters passing, if any had passed. Communications ought to have been made to the Prince; if they had not, the cabinet

The House then resolved itself into the Committee.

Mr. Pitt said, that the four Resolutions he had proposed on a former night being agreed to, he should now have to trouble the Committee, by speaking more particularly, than he had before done, to the fifth Resolution, which he should have the honour to propose for their consideration. The foundation upon which he had gone, for all the measures he had proposed, was the exigency of the case; they were bound to provide the means for the dispatch of public business, and for the discharge of the executive authority: they were also equally bound to the care of the person of his Majesty, and the preservation of his dignity, which ought to be inseparable from him during his indisposition. With a view to both, but especially the latter of these points, the last resolution proceeded. On the first he would but lightly dwell, conceiving that all must agree to the care of his Majesty's person being entrusted to the Queen. He would not for a moment entertain an opinion, that to her guardianship there could exist the least objection; he would not anticipate, because he did not believe the existence of a difference of opinion on that subject; he therefore thought it unnecessary and difficult to argue, as it appeared to be like debating on a self-evident proposition: for under the character, under the virtues, and under the feelings, of that great and amiable personage, he was confident there would hardly be a heart in the

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country, which, while it deplored the melancholy necessity that existed, would not at the same moment feel a considerable degree of alleviation, in the remembrance that under such guardianship, with so much propriety and safety, might be entrusted the care of the Sovereign. He would say no more upon that subject, feeling it not respectful to the Committee to argue on a propriety of conduct so selfevident, until he should hear, if it was possible to be heard, an argument against the propriety of delegating such a trust.The next point of the resolution which he should have to offer, and on which he presumed they might differ, concerned the powers given to the Queen to discharge such a trust, on the one hand, and, on the other, to maintain the dignity of his Majesty's person. The Committee would recollect, that while they were delegating part of the executive authority to be exercised in the King's name, they were bound to provide for the safety of their King, that it might appear that they had not forgotten that he was still their Sovereign; and that the representatives of a faithful and loyal people ought not to endeavour to deprive his Majesty, in his present melancholy situation, of that dig. nity which he enjoyed at the moment of health. On that ground, he submitted the principle on which he went, contending, that it was necessarily inseparable from her Majesty, in the care to be entrusted to her, to have the whole direction of all about the person of the King: the Lord Steward, the Lord Chamberlain, and the Master of the Horse, could only be considered as the great leading parts of the several divisions of the household; and, therefore, the only question that could arise, on the propriety of their being under the direction of the Queen, was, whether the alteration of circumstances rendered it a becoming point, that any alteration should be made in the expense or duty of such officers, as would render it fit or decent for parliament, in the present situation of his Majesty, which could be considered but as temporary, and which all hoped might prove of short duration, to new model his household, and render it less suitable to his dignity? and whether the management of his Majesty's domestic affairs should still remain to be carried on through the same hands to which it had been for some time entrusted; or whether a new management was to be introduced, during the present temporary interval?

The noble lord (North) in the blue ribbon, who could not help speaking with ingenuity, and who possessed much real it formation, but who on a former day, had only displayed his ingenuity, and withheld his information, had told them of the ease with which those officers might be separated from the household; but he wished to ask, whether it would be decent at such a moment, thus early, and with the well-grounded hopes of a recovery, to try the experiment, how far they might new model and limit his Majesty's household? He maintained, that it was not consistent with the affection of the people at such an anxious period, to hazard experiments, in order to introduce a new system.-A cry of hear! hear! prevailing, Mr. Pitt hoped, that the noble lord and those who noticed his assertion, would attempt to prove the contrary; but, for what he asserted, he appealed not only to the feelings, but to the reason of the Committee. It was an appeal which, the more it was considered, would be found the more to deserve the attention of that House. He wished to ask whether it was expedient to annihilate every appearance of external dignity; whether it was consistent with reason and sound policy, at the moment when the sovereign was incapacitated from exercising his authority, to separate all appearance of sovereignty from him. When these questions should be considered, he could not see how it was possible to deny the propriety of allotting the direction of the household to her Majesty; or to assert, that the preservation of the external dignity of the King, was inconsistent with the duty of the people.-The general grounds on which they had heard it objected against, was, that such power being entrusted to her Majesty, would form so large an influence, and so extensive a patronage, as to render it impossible that any government should be carried on with effect. For that, however, he should reserve his remarks until he should hear it more fully explained. He would nevertheless speak shortly on the argument upon which this principle turned. It supposed that a degree of political influence would necessarily follow patronage. He admitted, that a degree of political influence likely to be exercised, was an evil. He wished however to ask those gentlemen who contended against the power that the proposed establishment might create, whether establishments had not been created,

forgetful of their duty to their country, to the constitution, and to him whose dearest interest was the welfare of his empire, would neglect the interest of the people, to form a factious opposition, in order to obstruct the necessary measures of go

much more likely to have been exercised | calamitous and distracted state of affairs, against the executive authority? When gentlemen recollected, that such establishments had been formed, he did not take too much upon himself, when he contended, that what had not been denied to branches of the royal family, ought not to be denied to the sovereign himself,vernment? Could it be supposed, that while labouring under temporary illness; persons standing in such a situation would an argument that reverted to the propriety factiously unite to the injury of a country, of continuing to his Majesty his establish- to the government of which they might, ment. If gentlemen disagreed to such on his Majesty's recovery, again be called, a continuance of his Majesty's household, and the interest of which it had appeared if they were less regardful of his Majesty's to be, and ever would be, their honour dignity at the present moment, than when and ambition to advance? He wished in health, it would be expected from them again to ask, whether in the situation in to show their reasons, and state the danger which her Majesty was placed, it appeared of such patronage, as would be obtained likely that she should support such a facby the necessary powers, for a temporary, tion as he had described? It was due to and perhaps a short interval. The argu- his Majesty from a loyal people, not to ment of the danger of the patronage, destroy that system which his Majesty turned upon the supposition, that those had adopted for the management of his who were now in his Majesty's service, household. He should therefore move, would act in opposition to another admi- "That it is the opinion of this Committee, nistration. If that was offered as an argu- that the care of his Majesty's royal person, ment against the restrictions, he denied during the continuance of his Majesty's the truth of it. Suppose for a moment, illness, should be committed to the and for the sake of argument, that such a Queen's most excellent Majesty; and, conduct was likely to be pursued. A that her Majesty should have power to factious opposition, he was bold to say, remove from, and to nominate and apthey would never engage in; he wished point such persons, as she shall think not, however, that any man should rest on proper, to the several offices in his Mahis assertion, or upon the assertion of any jesty's household, and to dispose, order, other man; it was public conduct that and manage, all other matters and things alone spoke to the people the conduct of relating to the care of his Majesty's royal public men; he then wished to ask, whe-person, during the time aforesaid. And ther, if they pursued the conduct of a desperate faction or cabal, it was likely that they should meet with support from the people; support equal to that which they had received while in government? was it likely that such a faction should be supported by the authority of the country at large? would it not depend on the independant members of that House, and on the people? Whatever might be the patronage annexed to the powers proposed to be granted to her Majesty, he wished to ask, whether it was likely that the patronage entrusted to such hands would be granted to enable a faction to obstruct with its weight, the government of the Regent? Was it likely, if so given, that it could make it predominant to the accumulated patronage of government? Or, did it appear probable, that the Queen would support a faction, thus to oppose the wise and prudent measures of the government of her son? Was it likely that his Majesty's ministers, in the present

that for the better enabling her Majesty to discharge this important trust, it is also expedient that a council should be appointed to advise and assist her Majesty in the several matters aforesaid, and with power from time to time, as they may see cause to examine upon oath, the physi cians and others attending his Majesty's person, touching the state of his Majesty's health, and all matters relative thereto."

Lord Maitland said, that he was ready to agree with every panegyric on the vir tues of her Majesty; she was universally known to be eminently amiable and vir tuous, and as such he considered her with proper veneration. On her amiable qua lities, however, the question did not rest; the proposition for maintaining the dig nity of his Majesty, he conceived to be particularly misplaced. It was a dignity, under his present unfortunate circumstances, unfit to be bestowed, and could only beget contumely; it was a dignity that tended not to make his subjects look

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