the headlong course of ambition thus precipi- | Legislature and their different powers invariably tantly, and vault into the seat while the reins of government are placed in other hands; but the minister who can bear to act such a dishonorable part, and the country that suffers it, will be mutual plagues and curses to each other.5 Thus awkwardly circumstanced, the best minister on earth could accomplish nothing, nor on any occasion, however pressing and momentous, exert the faculties of government with spirit or effect. It is not in the human mind to put forth the least vigor under the impression of uncertainty. While all my best-meant and best-concerted plans are still under the control of villainous whisper, and the most valuable consequences, which I flatter myself must have resulted from my honest and indefatigable industry, are thus defeated by secret influence, it is impossible to continue in office any longer either with honor to myself or success to the public. The moment I bring forward a measure adequate to the exigency of the state, and stake my reputation, or indeed whatever is most dear and interesting in life, on its merit and utility, instead of enjoying the triumphs of having acted fairly and unequivocally, all my labors, all my vigilance, all my expectations, so natural to every generous and manly exertion, are not only vilely frittered, but insidiously and at once whispered away by rumors, which, whether founded or not, are capable of doing irreparable mischief, and have their full effect before it is possible to contradict or disprove them. The King's acting with his ministers the their being re point. Whoever interferes with this primary and supreme direction must, in the highest degree, be unconstitutional. Should, therefore, his Majesty be disposed to check the progress of the Legislature in accomplishing any measure of importance, either by giving countenance to an invidious whisper, or the exertion of his negative, without at the same time consulting the safety of his ministers, here would be an instance of maladministration, for which, on that supposition, the Constitution has provided no remedy. And God forbid that ever the Constitution of this country should be found defective in a point so material and indispensable to the public welfare! Former opera influence. Sir, it is a public and crying grievance that we are not the first who have felt this secret influence. It seems to be a habit tion of secret against which no change of men or measures can operate with success. It has overturned a more able and popular minister [Lord Chatham] than the present, and bribed him with a peerage, for which his best friends never cordially forgave him. The scenes, the times, the politics, and the system of the court may shift with the party that predominates, but this dark, mysterious engine is not only formed to control every ministry, but to enslave the Constitution. To this infernal spirit of intrigue we owe that incessant fluctuation in his Majesty's councils by which the spirit of government is so much relaxed, and all its minutest objects so fatally deranged. During the strange and ridiculous interregnum of last year, I had not a doubt in my own mind with whom it originated; and I looked to an honorable gentleman [Mr. Jenkinson] opposite to me, the moment the grounds of objection to the East India Bill were stated. The same illiberal and plodding cabal which then invested the throne, and darkened the royal mind with ignorance and misconception, has once more been So much has been said about the captivity of the throne, if his Majesty acts only in concert with his ministers, that one only ground of would imagine the spirit and soul of sponsible. the British Constitution were yet unknown in this House. It is wisely established as a fundamental maxim, that "the King can do no wrong;" that whatever blunders or even crimes may be chargeable on the executive pow-employed to act the same part. But how will er, the Crown is still faultless. But how? Not by suffering tyranny and oppression in a free government to pass with impunity; certainly not; but the minister who advises or executes an unconstitutional measure does it at his peril; and he ought to know that Englishmen are not only jealous of their rights, but legally possessed of powers competent, on every such emergency, to redress their wrongs. What is the distinction between an absolute and a limited monarchy but this, that the sovereign in the one is a despot, and may do what he pleases; but in the other is himself subjected to the laws, and consequently not at liberty to advise with any one on public affairs not responsible for that advice; and the Constitution has clearly directed his negative to operate under the same wise restrictions. These prerogatives are by no means vested in the Crown to be exerted in a wanton and arbitrary manner. The good of the whole is the exclusive object to which all the branches of the 5 Mr. Pitt was at this time but twenty-four years old. the genius of Englishmen brook the insult? Is the appointment of his successors. 7 This refers to a bill excluding certain placemen from Parliament, and others from voting at elections, on the ground of their holding offices or contracts under the government. Reply to Mr. Pitt as to resigning. their promises, and seen their principles as much tried as I have done, he may not, perhaps, be quite so prodigal of his credulity as he now is. Is he apprised of the lengths these men would go to serve their own selfish and private views? that their public spirit is all profession and hypocrisy? and that the only tie which unites and keeps them together is that they are known only to each other, and that the moment of their discord puts a period to their strength and consequence? of a change of ministry on such grounds. If, however, a change must take place, and a new ministry is to be formed and sup- Consequences ported, not by the confidence of this House, or of the public, but by the sole authority of the Crown, I, for one, shall not envy that right honorable gentleman his situation. From that moment I put in my claim for a mo "Rather than yield to a stretch of prerogative | orable gentleman, I doubt not, will soon teach thus unprecedented and alarming, withdraw your him experience and caution; and when once he secret influence, and whatever intrenchments has known them as long, received as many of have been made on the Crown we are ready to repair take back those numerous and tried dependents who so often secured you a majority in Parliament; we submit to all the mischief which even this accession of strength is likely to produce; but, for God's sake, strangle us not in the very moment we look for success and triumph by an infamous string of Bed-chamber janizaries!" The right honorable gentleman has told us, with his usual consequence and triumph, that our duty, circumstanced as we are, can be attended with no difficulty whatever the moment the Sovereign withdraws his confidence it becomes us to retire. I will answer him in my turn, that the whole system in this dishonorable business may easily be traced. Aware of that glorious and independent majority which added so much dignity and sup-nopoly of Whig principles. The glorious cause port to the measure which appears thus formidable to secret influence, they find all their efforts to oppose it here abortive; the private cabal is consequently convened, and an invasion of the throne, as most susceptible of their operations, proposed. It was natural to expect that I, for one, would not be backward to spurn at such an interference. This circumstance affords all the advantage they wished. I could not be easy in my situation under the discovery of such an insult; and this critical moment is eagerly embraced to goad me from oflice, to upbraid me with the meanness of not taking the hint, to remind me in public of the fate which I owe to secret advice. When that hour comes-and it may not be very distant-that shall dismiss me from the service of the public, the right honorable gentleman's example of lingering in office after the voice of the nation was that he should quit it, shall not be mine. I did not come in by the fiat of Majesty, though by this fiat I am not unwilling to go out. I ever stood, and wish now and always to stand on public ground alone. I have too much pride ever to owe any thing to secret influence. I trust in God this country has too much spirit not to spurn and punish the min-stitution with those principles for which he has ister that does! Mr. Pitt's ea subject. It is impossible to overlook or not to be surprised at the extreme eagerness of the gerness on the right honorable gentleman about our places, when twenty-four hours, at most, would give him full satisfaction. Is it that some new information may be requisite to finish a system thus honorably begun? Or is the right honorable gentleman's youth the only account which can be given of that strange precipitancy and anxiety which he betrays on this occasion? It is, in my opinion, the best apology which can be urged in his behalf. Generosity and unsuspecting confidence are the usual disposition of this tender period. The friends of the right hon This refers to Mr. Pitt's continuing for a time in office the year before, when Lord Shelburne, to whose ministry he belonged, was defeated. of freedom, of independence, and of the Constitution, is no longer his, but mine. In this I have lived; in this I will die. It has borne me up under every aspersion to which my character has been subjected. The resentments of the mean and the aversions of the great, the rancor of the vindictive and the subtlety of the base, the dereliction of friends and the efforts of enemies, have not all diverted me from that line of conduct which has always struck me as the best. In the ardor of debate, I may have been, like all other men, betrayed into expressions capable of misrepresentation; but the open and broad path of the Constitution has uniformly been mine. I never was the tool of any junto. I accepted of office at the obvious inclination of this House; I shall not hold it a moment after the least hint from them to resume a private station. ation if he comes in as minister on The right honorable gentleman is, however, grasping at place on very different Mr. Pitt's situ grounds. He is not called to it by a majority of this House; but, in de- such grounds. fiance of that majority, stands forth the advocate and candidate for secret influence. How will he reconcile a conduct thus preposterous to the Con pledged himself to the people of England? By what motives can he be thus blind to a system which so flatly and explicitly gives the lie to all his former professions? Will secret influence conciliate that confidence to which his talents, connections, and principles entitle him, but which the aspect under which he must now appear to an indignant and insulted public effectually bars his claim? Will secret influence unite this House in the adoption of measures which are not his own, and to which he only gives the sanetion of his name to save them from contempt ? Will secret influence draw along with it that af fection and cordiality from all ranks without which the movements of government must be absolutely at a stand? Or, is he weak and violent enough to imagine that his Majesty's mere nomination will singly weigh against the constitutional influence of all these considerations? For my own part, it has been always my opinion that this country can labor under no greater misfortune than a ministry without strength and stability. The tone of government will never recover so as to establish either domestic harmony or foreign respect, without a permanent administration; and whoever knows any thing of the Constitution, and the present state of parties among us, must be sensible that this great blessing is only and substantially to be obtained and realized in connection with public confidence. It is undoubtedly the prerogative of the Sovereign to choose his own servants; but the Constitution provides that these servants shall not be obnoxious to his subjects by rendering all their exertions, thus circumstanced, abortive and impracticable. The right honorable gentleman had, therefore, better consider how much he risks by joining an arrangement thus hostile to the interests of the people; that they will never consent to be governed by secret influence; and that all the weight of his private character, all his eloquence and popularity, will never render the midnight and despotic mandates of an interior cabinet acceptable to Englishmen. When I say in what manner and to what ends the wisdom and experience of our an- Respect due cestors have thus directed the exercise to the King. of all the royal prerogatives, let me not be understood as meaning in any degree to detract from those dutiful regards which all of us owe, as good citizens and loyal subjects, to the prince who at present fills the British throne. No man venerates him more than I do, for his personal and domestic virtues. I love him as I love the Constitution, for the glorious and successful efforts of his illustrious ancestors in giving it form and permanency. The patriotism of these great and good men must endear, to every lover of his country, their latest posterity. The King of England can never lose the esteem of his people, while they remember with gratitude the many obligations which they owe to his illustrious family. Nor can I wish him a greater blessing than that he may reign in the hearts of his subjects, and that their confidence in his government may be as hearty and sincere as their affection for his person. The motion was carried by a majority of 73. SPEECH OF MR. FOX ON THE WESTMINSTER SCRUTINY, DELIVERED IN THE HOUSE OF COMMONS, JUNE 8, 1784. INTRODUCTION. THE leading facts respecting the Middlesex election of 1784 have already been given in the sketch of Mr. Fox's life. His contest with Sir Cecil Wray lasted forty days, and when the polls were closed there was a majority for Mr. Fox of two hundred and thirty-five votes. Great care had been taken throughout the contest to prevent false voting. At the suggestion of Lord Mahon, acting for Sir Cecil Wray, it was agreed, before opening the polls, that eleven inspectors and five friends should be constantly present on each side; and that whenever a person was challenged, his case should be reserved, and no vote allowed him until his claims were thoroughly investigated. A large part of Mr. Fox's votes were subjected to this test, and toward the close of the polls hardly one was received "without an appeal to the presiding officer, and a decision that such vote was good." Some of these decisions may have been hasty, but after such an arrangement Sir Cecil Wray ought to have acquiesced: to dispute the vote was unfair and uncandid in the extreme. But he did dispute it. Before the result was declared, he delivered to the presiding officer, Thomas Corbett, High Bailiff of Westminster, a list of bad votes which had been polled, as he affirmed, by Mr. Fox, and demanded a scrutiny, or re-examination of the entire poll. This was granted by Mr. Corbett on the 17th of May, 1784, when, by the writ under which he acted, he was bound to return two members for Westminster on the 18th, being the next day! Two questions, therefore, arose; first, whether a scrutiny into an election so conducted could be fairly and properly demanded; and, secondly, whether the presiding officer had a legal right to grant a scrutiny which ran beyond the time prescribed in his writ. Parliament met May 18th, 1784, and Mr. Fox, who had been returned by a friend as member for Kirkwall, in the Orkneys, took his seat for that borough. Within a few days, the subject was brought before the House. Mr. Corbett appeared at the bar, and read a long paper in defense of his conduct. Witnesses were examined, counsel were heard on both sides, and the subject was discussed in the House, from time to time, under various aspects. On the 8th of June, Mr. Wellbore Ellis offered the following resolution: "That it appearing to the House that Thomas Corbett, Esquire, bailiff of the Liberty of the City of Westminster, having received a precept from the Sheriff of Middlesex for electing two citizens to serve in Parliament for the said city; and hav ing taken and finally closed the poll on the 17th day of May last, being the day next before the day for the return of the said writ, he be now directed forthwith to make return of his precept, and the names of members chosen in pursuance thereof." During the debate which followed Mr. Fox delivered the following speech, in which, I. He examines the evidence by which Mr. Corbett had endeavored to justify his granting the scrutiny. II. He discusses the question of law in respect to such a measure. III. He enters into remarks of a more general nature respecting the authors of this scrutiny, the expense it involved, the alternative suggested of issuing a writ for a new election; and repels the intimation of Mr. Pitt, that he "ought not again to disturb the peace of the city of Westminster!" A circumstance occurred at the commencement of the speech which turned greatly to the advantage of Mr. Fox. He began by complaining of a want of courtesy in the mode of carrying on the debate, and added, "But I have no reason to expect indulgence, nor do I know that I shall meet with bare justice in this House." Murmurs of disapprobation broke forth from a large part of the House, in which the minister had an overwhelming majority. Mr. Fox was at once roused to the utmost. His ordinary embarrassment and hesitation in commencing a speech instantly passed away. He repeated the words; he challenged his opponents to make a motion for taking them down with a view to his being censured; he referred to Mr. Grenville's bill in proof that the House was considered as peculiarly liable to act unjustly in such cases; he turned upon Lord Mulgrave, Lord Mahon, and Lord Kenyon, who had just spoken, commenting in the severest terms on the treatment they had shown him, and affirming that he might reasonably object to them as judges to decide in his cause; and repeated, for the fourth time, “ I have no reason to expect indulgence, nor do I know that I shall meet with bare justice in this House." Never was a great assembly more completely subdued. From that moment, he was heard with the utmost respect and attention. He had remarked, in going to the House, that this would be one of the best speeches he ever made. It proved so; and if the subject had been equal to his manner of treating it, embracing great national interests, instead of the details of a contested election, roused to the utmost as he was, he would probably have made it the greatest speech he ever delivered. SPEECH, & c. MR. SPEAKER,-Before I enter upon the consideration of this question, I can not help expressing my surprise, that those who sit over against me [the ministry] should have been hitherto silent in this debate. Common candor might have taught them to urge whatever objections they have to urge against the motion of my honorable friend [Mr. Ellis] before this time; because, in that case, I should have had an opportunity of replying to their arguments; and sure it would have been fair to allow me the slight favor of being the last speaker upon such a subject. But, sir, I have no reason to expect indulgence, nor do I know that I shall meet with bare justice in this House. Sir, I say that I have no reason to expect indulgence, nor do I know that I shall meet with bare justice in this House.3 Mr. Speaker, there is a regular mode of checking any member of this House for using improper words in a debate; and that is, to move to have the improper words taken down by the Clerk, for the purpose of censuring the person who has spoke them. If I have said any thing unfit for this House to hear, or me to utter-if any gentleman is offended by any thing that fell from me, and has sense enough to point out and spirit to correct that offense, he will adopt that parliamentary and gentleman-like mode of conduct; and that he may have an opportunity of doing so, I again repeat, that I have no reason to expect INDULGENCE, nor do I know that I shall meet with BARE JUSTICE in this House. Sir, I am warranted in the use of these words, by events and authorities that leave little to be doubted and little to be questioned. The treatment this business has received within these walls, the extraordinary proceedings which have Expressions of disapprobation from the ministerial side of the House. 3 Expressions of disapprobation repeated. sprung from it, the dispositions which have been manifested in particular classes of men, all concur to justify the terms I have adopted, and to establish the truth of what I have asserted. If the declaration I have made had happened not to have been supported by the occurrences I allude to, the very consideration of Mr. Grenville's bill is of itself sufficient to vindicate what I have said. That bill, sir, originated in a belief that this House, in the aggregate, was an unfit tribunal to decide upon contested elections. It viewed this House, as every popular assembly should be viewed, as a mass of men capable of political dislike and personal aversion; capable of too much attachment and too much animosity; capable of being biased by weak and by wicked motives; liable to be governed by ministerial influence, by caprice, and by corrup tion. Mr. Grenville's bill viewed this House as endued with these capacities; and judging it therefore incapable of determining upon controverted elections with impartiality, with justice, and with equity, it deprived it of the means of mischief, and formed a judicature as complete and ample perhaps as human skill can constitute.* That I am debarred the benefits of that celebrated bill is clear beyond all doubt, and thrown entirely upon the mercy, or, if you please, upon the wisdom of this House. Unless, then, we are to suppose that human nature is totally altered within a few months-unless we can be so grossly credulous as to imagine that the pres 4 Mr. Grenville's bill enacted that the persons to try disputed elections shall be drawn out of a glass to the number of forty-nine; that the parties in the dispute shall strike from these names alternately without assigning any reason until they reduce the number to thirteen; that these thirteen shall be gov erned by positive law, and sworn upon oath to administer strict justice. ent is purged of all the frailties of former Parlia- | very respectable and learned profession, has ments-unless I am to surrender my understand-raised himself to considerable eminence; a pering, and blind myself to the extraordinary conduct of this House, in this extraordinary business, for the last fortnight-I may say, and say with truth, "that I expect no indulgence, nor do I know that I shall meet with bare justice in the House." There are in this House, sir, many persons to whom I might, upon every principle of equity, fairness, and reason, object as judges to decide upon my cause, not merely from their acknowledged enmity to me, to my friends, and to my politics, but from their particular conduct upon this particular occasion. To a noble Lord [Lord Mulgrave] who spoke early in this debate, I might rightly object as a judge to try me, who, from the fullness of his prejudice to me and predilection for my opponents, asserts things in direct defiance of the evidence which has been given at your bar. The noble Lord repeats again that "tricks" were used at my side in the election, although he very properly omits the epithet which preceded that term when he used it in a former debate. But does it appear in evidence that any tricks were practiced on my part? Not a word. Against him, therefore, who, in the teeth of the depositions on your table, is prompted by his enmity toward me to maintain what the evidence (the ground this House is supposed to go upon) absolutely denies, I might object with infinite propriety as a judge in this cause. son who fills one of the first seats of justice in ing the electors of their representation in this House, and robbing me of the honor of asserting and confirming their right by sitting as their representative! Against him, therefore, sir, and against men like him, I might justly object as a judge or as judges to try my cause; and it is with perfect truth I once more repeat, "that I have no reason to expect indulgence, nor do I know that I shall meet with bare justice in this House.” There is another judge, sir, to whom I might|fying the High Bailiff of Westminster in defraudobject with greater reason if possible than to the last. A person evidently interested in increasing the numbers of my adversaries upon the poll, but who has relinquished his right as an elector of Westminster, that his voting may not disqualify him from being a judge upon the committee to decide this contest. A person too, sir, who in the late election scrupled not to act as an agent, an avowed, and indeed an active agent, to my opponents. Is there any interruption, sir? I hope not. I am but stating a known fact, that a person who is to pronounce a judgment this night in this cause, avoided to exercise one of the most valuable franchises of a British citizen, only that he might be a nominee for my adversaries; concluding that his industry upon the committee would be of more advantage to their cause than a solitary vote at the election. This, sir, I conceive would be a sufficient objection to him as a judge to try me. A third person there is [Mr., afterward Lord Kenyon] whom I might in reason challenge upon this occasion. A person of a sober demeanor, who, with great diligence and exertion in a Here Lord Mahon started up in much agitation, and exposed himself to the House as the person alluded to. He appeared inclined to call Mr. Fox to order, but his friends prevented him. His Lord ship, as already stated, was an avowed and active agent of Sir Cecil Wray during the election, and had been placed by his nomination on the joint committee selected by the two parties to conduct the scrutiny. Sir, I understand that the learned gentleman I have just alluded to (I was not in the House during the first part of his speech) has insinuated that I have no right to be present during this discussion, and that hearing me is an indulgence. Against the principle of that assertion, sir, and against every syllable of it, I beg leave, in the most express terms, directly to protest. I maintain, that I not only have a right to speak, but a positive and clear right to vote upon this occasion; and I assure the House that nothing but the declaration I have made in the first stage of this business should prevent me from doing so. As to myself, if I were the only person to be aggrieved by this proceeding, if the mischief of it extended not beyond me, I should rest thoroughly and completely satisfied with the great and brilliant display of knowledge and abilities which have been exhibited by the learned gentlemen [Mr. Erskine and others], who appeared We have, in this enumeration of qualities, one of those side-blows so common with Mr. Fox, as he is pressing forward to his main point. |