Vears after Humphrey exhibited against the transaction itself, some of our historians Bi hop of Winchester, and the defence made have considered what was done, as a mere '10 that accusation, that neither the one por (20)“ expedient to perform the will of the the other considered the infant Monarch as . deceased King, who had appointed Hum. under the management of that prelate : “phrey, Regent, without derogating from There are some intermediale circumstances, “ ibe rights of the elder brother." The which obviously lead to the same conclusion; delivery of the Great Seal to Gaunstede; and as soon as Henry was of years lo require the payment of the regular salary to him as a preceptor, we find Beauchamp, Earl of Lord Keeper, while it was in his possession; Warwick, invesied with that character.

his application of it to (21) various public In my original (19) distribution of the instruments, and especially to Humphrey's subject, I signified my intention of post. commission for holding the Parliament, and poning all observation on the general prin- none of these things either confirmed or ciple of the constitution, as it was in this questioned that we know in Parliament; te pect understood by our ancestors, till I the Duke's own officers confirmed fiom the shall have finished

115 у

historical narrative. death of Henry the Fifth; the grant of his At the same time, soine fuw particular puis salary as Protector from the same period sages, which occur in this first institution

unquestioned; and the Protectorate itselt and settlement of the office of Protector, created at his instance, as it was said, (22) seem to call for remark in tiris place. The :

“to ease and appease him :" all sirongly claim of the Duke of Gloucester, was cer- indicate a general sentiment in his favour. tainly such as could not be maintained. If Though the name was sclected with so instead of being the second only in the or- much care to mark the distinction of his der of the succession, he had been the first ; power from that of a governor, lieutenant, il he had even beci, as to some purposes a or regent; yet when ihe lords afterwards Prince of Wales unquestionably is, identi- came to describe, in their own restricted fied in contemplation of law with the poli


the duties which it imposed, they use tical person of the Sovereign himself; words very similar to those in which Sir whatever pretensions he might have had to John Fortescue, an author then living and direct the neçe sary acts for carrying on the flourishing at the bar, comprehends the government of the country in the interval, whole circle, of royal duties 66 All the till sonie adequate provision for the emer. " kingly power," (23)(sayshe) 'ought to be gency could be made by law; yet he could "applied for, and to centre in the good of 1!0t have had any thing 10 object, as of “ the kingdom or state : which, in effect, strict right, against the discretion of a com- « cousists in the defence of the subject plete and perfect legislature, which is com- “ from the incursions of other nations, and petent to change and transfer the succes- 6s in the protection of their lives and propersion iscif. The very title, by which his ties from injuries and violence as to one jamiiy reigned, was a conciusive answer to “6 another. A King," it is added) “ who the claim. On the other hand so irresist

“ cannot come up to this character, is to be ible was it, on the grounds of equity and * looked upon as weak.And, in truth, it propriety, that they who opposed it, as it was a weak King, or rather, according to a vas advanced by him, could not help doing phrase of the same writer, a King

not what has been actually mistaken for a only to be called wenk, but weakness ilstudied acknowledynent of that which Có sell," whom under the name of Protector they deliberately rejecer: igriorant of the and Defender, the Parliament now sub. motives assigned and looking only to the

(20) Rapin, fol. edit. p. 536, quoted and but there is pone. And this is the stranger, adopted by the Parliamentary Historians in because wheu the salaries of the Council a pote Vol. ll. p. 172. were seuiled, the Bishop of Winchester is (2:) Several extant in Rymer were passrecited to be Chancellor also, as a sort of ed during that period, though none but the reason for his being made equal to the Arch. commission to the Duke are of any great bishop of Canterbury, instead of the Bishop public importance. of London; and when the Duke of Exeter,

(22) See the recital so often quoted from some years later, siill had his salary allowed the Rolls, 6 H. VI No. 25.* froin ihe beginning, his rank is stated as (23) De laudibus legum Anglia, c. 37. reason for his having 300 marks. Neither Translation in the last edition. Compare of them is ever nienrioned as Governor to these words with the passage quoted above the King.

in a note froir: the recital in the Rolls, 6 H. (!) See Po!. Rey. Vol. VI. p. 466.


VI. No, 25

77] JANUARY 19, 1805.--Note of the Emperor of Russia to Luis XI'III. (78 stiluted in the room of an incapable King.

his council was to be ascertained, short, The act which conveyed to bim a very in. vague, general, detective, and confused. ferior, though in a military point of view, Hence arose the necessity of repeated adan important share of the patronage of the ditions, amendments, explanations, and moCrown, was the only one which put into difications; which will form the subject of his hands any means for fulfilling the great my next loter; perpeill contentions in ends of his appointment both in Church and the Council-chamber, and in the Sinale; Stale; and that did not give him any adi

animosities, parties and fiction; and, ti. thority to draw out and set in motion the nally, the most obstinate and destructive force which he might be supposed thus to civil war, which ever desdated this comhave at his co:nmand, or furnish him with iry; for the torrents of blurid which then any direct influence over the heads of the déluged the kingdom, wore in truth, deChurch: in truth, it only professed on the rived ultimately from this source; thouglı face of it (24) to distinguish him by tavours superficial historians have traceltbe sebica and honours, trifling indeed, in comparison quent calamities no bigher ihan to the murof those with which the Council was adorn. ier of the Duke of Gloucester, and altri ed and armed. His only principal and al. buted the origin and charact:s of the civil most share of civil power was in his charac- war to the irresolute and Huctuating ambiter of chief of that council; a station which tion of the Duke of York. --I am, Sir, &c. was indepindent of the Protectorate, and Middle Temple, Jan. 12, 1805. T. M. continued with the same power, after the latter had ceased. But this also was left

PUBLIC PAPERS. uncertain and indisiinct. He was there Louis XVIII. ---Purport of a Letter from the acknowledged as the sole representative of Emperor of Russia to Louis the IF Tlib, the Sovereign, since (25) all such business under his title of Connt de Lille. as by custom required an immediate and MONSEIGNEUR LE CONTE,— By your necessary reference to the king, could not letter, dated the 13th June, frogi Warsaw, be entertained there without his advice and I have learnt, with regret, the resolution consent; yet nothing was directly said of which you have adopted. Had I been prethat discretion, which the Kink, if he viously apprised of it, as I much wish I had, pleased, might on occasion exercise with my friendship for you, and my usual sincesegard to every other business there agita- rity of disposition, would have impelled me, ted. It certainly was not intended That Monseigneur le Comte, to dissuade you from Humphrey should possess it; but he long measures which, at the present crisis, far slruggled in different ways, though ulli- from being productive of any real advantage mately in vain, to acquire it. Four days to you, can have no other tendency than to after he had been created Projector, the put new weapons in the hands of your enemembers of the Council were chosen ex: mies, to be einployed against you, and enable pressly under the name of " assistants" 10 Theni jo render the accom'lishment of your him in the execution of his office; but, in- plans still more difficult than it already is. stead of " assisting," they were in reality Without pretending, in other respecís, to indesigned to supersede him. Their inte tertere in matters which do not immediately Tests were placed in diametrical opposition interest me, I must nevertheless observe, to his, their means of influence were in 6 - that I cannot, Monseigneur le Comte, give nitely greater than his, and the decision was my approbation to the proposal which you to be in the majority. It was, in fact, an have communicated to me, and I ouglit not oligarchy in a state essentially monarchical, to conceal from you, that the offer which I and for ihat reason disguised under the pre

made to you, and hereby repeat, of affording tence of a semblance and representation of you an asylum in my dominions, if you Monarchy. At the same line embarrassed could not reside elsewhere, was made with between the nature of our constitution and no other intention than that of furnishing the consequent habitual feelings of the peo. you with a secure and tranquil abode, in ple on the one side, and on the other, their which such projects as you appear to have own notions of public expediency, and their resolved upon cannot be carried into exejealousy of their own rights, the Parliament curion. I have felt myself bound, Monleft the regulations, by which the distribu- seigneur le Comte, to express myself upon tion of power between the Protector and this topic without any reserve, being assured

that neither the impossibility of executing, (24) This is the motive, and the only your resolution in Russia, nor ihe point of motive stated in the preamble.

view in which I consider the subject, can (25) Article II of the regulations. induce you to call in question my earnest

79) POLITICAL REGISTER.- bitters of Marque against Spain. - President's Message. [80 desire to embrace every opportunity of the Lieutenant and Judge of the said Court, giving you repeated demonstrations of the his

surrogate or surrogates, as also the separticular esteem with which I am, &c. veral Courts of Admiralty within his Ma

jesty's dominions, to take cognizance of, Letters of MARQUE AGAINST SPAIN. and judicially proceed upon, all and all man

Order of Council, dated at the Court ner of captures, seizures, prizes, and repriat the Queen's Palace, the uth of January, sals of all ships and goods that are or shall 1805, the King being present in Council. be taken, and to hear and derermine the

Wbereas his Majesty has received in- same; and, according to the course of Ad. formation that the King of Spain has issued miralty, and the Laws of Nations, to adjudge a declaration of war against his Majesty, and condemn all such ships, vessels, and his subjects, and people; his Majesty, there- goods as shall belong to Spain, or the vassals fore, being descrmined to take such mea. and subjects of the King of Spain, or to any suies as are necessary for vindicating the others inhabiting within any of his coun. honour of his Crown, and for the vigorous tries, territories, and dominions; and that prosecution of the war in which he finds such powers and clauses be inserted in the himself engaged, is pleased, by and with said commission as have been usual, and are the advice of his Privy Councií, to order, according to former piecedents; and they and it is hereby ordered, that general repri- are liken ise to prepare and lay before his sals be granted against the ships, gools, and Majesty, at this B vard, a draft of such in. subjects of the King of Spain, so that as structions as may be proper to be sent to well bis Majesty's fleets and ships, as also the Courts of Admirally in his Majesty's all other ships and vessels that shall be com- foreign governments and plantations for missionaied, by Letters of Marque, or Ge- their guidance herein; as also another draft neral Reprisals, or otherwise, by his Ma. of instructions for such ships as shall be jesty's Commissioners for executing the of- commissionated for the purposes

afore mens tice of Lord High Admiral of Great Bri tioned. tain, shall and may law fully seize all ships, | ELDON, C. CASTLE REAGH. W.GRANT. 've sell, and goods belonging to the King of Spain, or his subjects, or others inhabiung within the territories of the King of Spain, and bring the same to judgment in any of the Courts of Admiralty within his Majesty's dominions; and, to that end, his Ma- FOREIGN OFFICIAL PAPER. jesty's Advocate General, with the Advo. PRESIDENT'S MESSAGE.-Message delivercate of the Admiralty, are forth with to pre- ed by tbe President of tbe United States of pare the draft of a commission, and present America to both Houses of Congress, Nov. 8, the same to his Majesty at this Board, au- 1804. thorising the commissioners for executing

[ Concluded from p. 1055. ? the office of Lord High Admiral, or any per- The Aci of Congress of Feb. 28, 1803,

for son or persons by them empowered and ap- | building and employing a number of gun. pointed, to issue forth and grant Letters of boats is now in a course of execution to the Darque and Reprisals to any of his Majes- extent there provided, for the obstacle to ty's subjects, or others whom the said com- naval enterprise, which vessels of this conmissioners shall deem fitly qualified in that struction offer to our sea-port towns, their behalf, for the apprehending, seizing, and utility towards supporting, within our waters, taking the ships, vessels, and goods belong- the authority of the law, the promptness. ing to Spain, and the vassals and subject of with which ihey will be manned by the seathe King of Spain, or any inhabiting within men and militia of the place, in the moment his countries, territories, or dominions; and they are wanting, the facility of their asthat such powers and clauses be inserted insembling, from different parts of the coast, the said commission a; have been usual, and to any point where they are required in are according to former precedents; and greater force thao ordinary, the economy of his Majesty's said Advocate-General, with their maintenance, and preservation from the Advocate of the Admiralty, are also decay, wlien not in actual service, and of furthwith to prepare the draft of a commisó the competence of our finances to this de. sion, and present the same io his Majesty at fensive provision, without any new burthen, this Board, authorising the said commis- are considerations which will have due sioners for executing the office of Lord | weight with Congress in deciding on the High 'Admiral, to will and require the High expediency of adding to their number from Court of Admiralty of Great Britain, and year to year, as expericnce will test their



na | Manifesto, which I have caus d to be pe:

utility, until all our important harbours, by deed been sufficient to deler them from so these and auxiliary means, shall be secured presumptuous, and desperate an enterprise. against insult and opposition to the laws. -While this spirit continues to animate --No circumstance has arisen since your the country, and its voluntary exertions for last session, which calls for any augmenta. its own defence subsist in their full vigour, tion of our militia force. Should any im- we need not fear the consequences of the provemevt occur in the militia system, that most powerful efforts on the part of the will be always seasonable.--Accounts of enemy, But let us never forget, that our. the receipts and expenditure of the last year, security has arisen from the resolution, with with estimates for the ensuing one, will be, which we have met and provided against as usual, laid before you. The state of our the danger, and that it can be preserved finances continue to fulfil our expectations : only by steady perseverance, and unremit11} millions of dollars received in the course ting activity. The conduct of the Court of last year, ending the 30th of Sept. Jast, of Spain, evidently under the predominant have enabled us, after meeting all the or- influence and control of France, compelled dinary expenses of the year, to pay upwards me to take prompt, and decisive measures of 3,600,000 dollars of the debt incurred, to guard against the effects of hostiliiy. I exclusive of interest. This payment, with have, at the same time, endeavoured, as those of the two preceding years, has ex. long as it was possible, to prevent the netinguished upw.rds of 12 millions of prin- cessity of a rupture; but, in consequence cipal.“-But in the discharge of the great of the refusal of a satisfactory explanation, duties confided to you by our country, you my minister quitted Madrid, and war bas will take a broider view of the field of since been declared by Spain against this legislation. Whether the great interests of country.--I have directed a copy of the agriculture, manufactures, commerce, navigation, can,, within the pale of your con. pared on the occasion, to be laid before stitutional

powers, be aided in any of their you, together with such papers as are nerelations; whether laws are provided in all cessary to explain the discussions wbich cases where they are wanting ; whether any have taken piace between me, and the abuses take place in their administration, or Court of Madrid. You will, I trust, be to that of the public revenues ? Whether convinced by them, thať my forbearance the organization of the public agents, or of has been carried to the utmost extent which the pablic force, is perfect in all its parts? the interests of my dominions would admit, In fine, whether any thing can be done to and while I lament the situation of Spain, advance the general good? Are questions involved in hostilities contrary to its true within the limits of your functions, which interests, I rely with confidence on your viwill necessarily occupy your attention. In gorous support in a contest, which can be these and all other matters which you, in attributed only to the unfortunate prevayour wisdom, may propose for the good of lence of French councils.--The general our country, you may count with assurance conduct of the French government on the on my hearty co-operation and faithful exe. Continent of Europe, has been marked by cution -THOMAS JEFFERSON.

the utmost violence and outrage, and lias

shewn a wanton defiance of the rights of DOMESTIC OFFICIAL PAPER. neutral territories, of the acknowledyed priKing's Speech. -On Tuesday, the 15th vileges of accredited ministers, and of the

of January, 1805, the two Hauses of Par-established principles of the law of nations. Tiament having met, his Majesty delivered ---Notwithstanding these transactions, so to them the following most gracious Speech repugnant to every sentiment of moderafrom the Throne.

tion and justice, I have recently received a My LORDS, AND GENTLEMIN, communication from the French governSince the end of the last session, the prepa- ment, containing professions of a pacific rations of the enemy for the invasion of this disposition.---I have, in consequence, exkingdom have been continued with inces- pressed my earnest desire to embrace the sant activity, but no attempt has been first opportunity of restoring the blessings made to carry their repeated menaces into of peace, on such grounds as may be con effect. ---The skill and intrepidity of my sistent with the permanent safety, and innavy, the respectable and formidable state terests of my dominions; but I am confiof my army, and militia, the unabated zeal dent

agree with me, that those oband improved discipline of a numerous vo-jects are closely connected with the general lunteer force, and the general ardour mani- security of Europe. I have, therefore, not fested by all classes of my subjects, have in thouglit it right to enter into any more par

you will

ticular explanation, without previous com- commended by them to His Majesty, in munication with those powers on the Con- exactly the same way that every other meatinent, with whom I am engaged in confi- sure is, they being responsible for the advice dential intercourse and connexion, with a They give upon this, as i pon all other matview to that important object, and espe- ters of state. cially with the Emperor of Russia, who has TH: MENACED INVASION. Upon this given the strongest proofs of the wise, and subject the speech informs the Parlament, dignified sentiments by which he is ani- thai - since the rod of the last session, the mated, and of the warm interests be takes preparations of the enemy have been conin the safety, and independence of Europe. " tinued with incessant activity, but that no

GENTLEMEN OF THE House of Com- " atteinpt has been made to carry their reMONS, I liave direcled the estimates for prat:d menaces into effect." That ibis is the public service to be laid before you. I perfectly true no one can be disposed to de. segret the necessity of any additional bur- ny; but, the object of stating this truism, thens being imposed on my people, but I in so solemo a maoner, is not very evident, am sure you will be sensible how much their especially to those who recollect ibe almost future safety and happiness depend on the constant alarms, which were rung in onr vigour of our exertions, and that in the cars by the ministers and their partisans mode of ruling supplies, you will continue during the months of August and Septemto-shew your anxiety for the support of pub-ber, when the country was told, over and lic credit, and for restraining, as much as over again, that the attempt at invision possible, the accumulation of thie national would iske place in a few.days; when it was debt.

repeatedly asserted, in all the ministerial MY LORDS, AND GENTLEMEN--- 19 journals, that ministerz had rceived certain considering the great efforts and sacritice: intelligence to that effect; when Sir Brook which the nature of the contest requises, it was 2.sembling bis committies of coaciris a peculiar satisfaction to me to obicrre , makers, coach-masters, and horse jockies ; the many proofs of the internal wealth, and when we were daily informed that Mr. Pint prosperity of the couniry. It will, I am was himself inspecting the flying cars; and

your great object to maintain and when not to appear upon the subscription improve these advantages, and at the same list of coaches and horses was, in those who time to take all such measures as by enabling were possessed of such property, regarded as Je to prosecute the war with vigour, may a proof of something ainoanting very nearly atford ibe best prospect of bringing ii 10 a 10 disloyalıy. No attempt bas, however, safe, and honourable termination.

been made. But, does the speech mean,

that, from this circumstance, we ought to SUMMARY OF TOLITICS. infer, that no atempt of the kind will be Ilis Majesty's speech from the throne, to made? Those who were, last summer, in both Houses of Parliainent, which will be daily expectation of seeing such an attempt, found in a preceding page of this sheel, may so reason ; but, those who entertained touches upon the several topics, which will, no such expectation, have only to repeat of course, come under the consideration of their opinions, expressed in this work, at the those to whom it was addressed, and wiich very moment of the great alarm, occasioned topics, ilerefore, will naturally engage the by Buonaparté's baving been on board the atiention of the public. They are as fol- fotilla. “ This circunstance does not tend lows: 1. The inenaced invasion ; 2. The " to convince me, that he means to invade state of our military force; 3. The war with England in person, or, that he means to Spain; 4. The message from France; 5. 16 send, at least for some time, an army to Continental alliances; 6. Additional bur- aiteoopt such an enterprise. It would radens; and, 7. The internal state of the " ther tend to persuade me, that, at present, country. To treat at large upon each of 6 The object is to excite alarm, to keep us in these would require the space of a volume; constant agitation, and to increa e our exof course, nothing more than a mere sketch

And did not this object succan be attempted Here; yet it would seem ceed? Perfectly succeed? Were we not improper to pass over any one in silence. It alarmed and agitated? And, is our expenses is hardly necessary to repeat, that, in com- were not increased, how comes it now to menting upon Ilic speech, the commentator pass, that we bear of “ burdens” in “ addi. must regard it not only as expressing the lion" 10 ihose which Mr. Addington, the presentiments, but as expressing them in the sent real prime minister, assured us would be very words, of the ministers; the speech being always drawn up by them, and being re- * Register, Vol. VI. p. 432.

sore, be


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