improper from being entered upon the Journals. Now, on the last day of the last feffion, no fuch opportunity was given, the reading of the minutes having been prevented by the prorogation.

4thly, Because, though it hath been afferted that the Journals of this houfe being publick records, it is improper that any alteration fhould be made therein, we are of opinion that this maxim extends only to the judicial proceedings of this houfe; not seeing, that in other inftances there is any reason to distinguish between the Journals of this house and thofe of the other house of Parliament, from which matters have frequently been expunged; as it is alfo notorious that matters not of a judicial nature, have frequently been expunged from the Journals of the houfe of Lords of Great-Britain.

Indeed, were it otherwife, the Speaker, or even the Clerk of this houfe, or any indifferent perfon, who might, however irregularly, get accefs to the Journal Book, might infert therein matter of the moft criminal import, amounting even to the crime of treafon; and it would be a ftrange folecism to say, that fuch infertion muft for ever remain to the difgrace of this houfe, without any power in us to expunge and purge away fuch obnoxious matter.

5thly, Because it hath been declared to be a high breach of the privileges of parliament, that the Crown fhould take notice of the proceedings of either houfe of Parliament, unless the fame fhall

be

1

be regularly laid before it; a circumftance in which we conceive, that the protest of Lord Strafford, however in all other respects irregular and unconftitutional, hath the advantage of thofe of Lord Sydney, and our present Chief Go

vernor.

6thly, Because we think this entry peculiarly. improper, inafmuch as the Viceroy hath therein by a breach of the privileges of this house, made our Journals the inftrument of a breach of the privileges of the other houfe of parliament; a a practice which, if not discountenanced by us, might probably end in a rupture between the two Houses.

Die Mercuri, 18 Decembris, 1771.

A MOTION was made that an humble Addrefs be prefented to his Majelly, reprefenting that it is the opinion of this houfe, that the appointment which his Majefly, hath been advised to make of five Members of Parliament, to examine and pafs certain of the accounts of this kingdom, with the Powers fpecified in his Majefty's Letters dated the thirty-firft of October, 1771, (the prefent circumstances of this country being confidered) is unneceffary and inexpedient, and praying that his Majesty will be graciously pleased to direct his Attorney-General to caufe the Legality of the faid appointment to be tried according to due courfe of law.

It paffed in the negative.

DISSENTIENT.

Ift. BECAUSE we conceive that the appointment of five new Commiffioners for examining and perfecting the impreffed or extraordinary accounts of this Kingdom is unnecessary-inafmuch, as, the antient commiffioners appear to have been deemed fufficient for fome centuries past ; and to have been fo held by his Majesty's minifters in both kingdoms at his acceffion; and even at a later period, viz. in 1776, when his Majesty's laft appointment of the faid commiffioners was made, requiring them to ftate and examine all

the

public accounts, four times, inftead of once, in the year; fince which time, it cannot be pretended, that any encrease in that department, or in the other public occupations of the faid commiffioners hath arifen to require fuch a new establishment, as that in question. And we think it might imply an unmerited cenfure on the eminent perfons who at prefent conftitute the antient commiffion if the neceffity of fuch a new arrangement, were, now, for the first time, to be difcovered and admitted.

2dly, Because it is to be prefumed, if the old board had not been deemed by his Majefty's minifters to be fully fufficient, that they would not have rendered it lefs fo, by fuffering it to be deprived of one of its members, viz. the Chancellor of the Exchequer; who doth not refide in this kingdom, nor execute any part of the duty of that office-And we conceive, if any infufficiency in the old board could reafonably be alledged, in confequence of the avocations of the other great officers of the law, who compofe it; that it might and ought to be remedied by ordering the Chancellor of the Exchequer to attend ; whereby inftead of loading this country with a new expence, the falary of that great office would cir culate within this kingdom; whereas now it is expended abroad.

3dly,

3dly, Because the neceffity of this appointment, if muft arife cither from the arrear of unany, paffed accounts, heretofore incurred, and which is the only argument we have heard in fupport of this new establishment; or it muft arife from the nature and extent of our accounts refpecting the future. Now, firft, we conceive, that the new commiffioners are directed to call before them, not such persons as have, but fuch as fhall receive any fum or fums by way of impreft: that is, to act for the future and not for the past; and that therefore the neceffity of these new commiffioners cannot be maintained on the ground of an arrear, which they are not directed to examine and fettle. Moreover we think that even if they were to have a retrofpect, it is utterly abfurd to establish a permanent board for all time future. for the occafional purpose of fettling an arrear in time paft; a temporary appointment being fufficient for such a temporary office whereby the expence of the public would ceafe wish the occafion which produced it. Again as to our account in future, we think it cannot be denied, that one board of commiffioners of accounts would be fufficient to discharge the whole bufinefs, if properly conftituted-Now either the old board is fo conftituted, or it is not. If it is fo conftituted, it is fufficient, and another is unnecessary. If it is not fo conftituted, either it ought to be corrected, if capable of being rendered fufficient, or, if incapable thereof, it ought to be abolished by due authority; and one board, properly regulated and fufficient, fubftituted in its room. Whereas the prefent

measure