The Sun.
London, England, 1810-12-28 00:00:00

LPRICE SIXPENCE nALr.pEivis Y •

ing proof than the effe& of its annexation to an Aft
passed towards the close of the reign of Henry VIII,
where the royal assent' was obtained tinder suchcir-o-
curnstances as to render it a matter of doubt whether
the assent was duty given. Yet that act remained to
force, and was never questioned during the reign.
of his successor, King Edward the Vlth. This inrin3
a striking proof of the efficacy of the Great Sea!,
which, even where it wa§-doutilful whether the royal
assent was duly obtained, yet tbr an interval of seve-'
ral years its authority, was not attempted to he set
aside.'lt was only in'Parliament that the authority of
the Great Seal con be questioned or revoked. Froth
all I have said, my Lords, I must conclude, that in
case of the peisonal incapacity of the King to signify
his assent, there remains no other mode to prolide
for thedeficiency, but by legislation ; it lies only in
the two remaining branches to provide-for fi=ling op
the deficiency; and of this, as I before observed,
there are numerous precedents. Tice principleait the
present proceeding, my L.,r,!s, goes throughout up-
on tie consideration of the Throne being full—that
Courts of Justice_ are Open—that all the Commis-
sions, from the Crown are in full force—and
that the 'State is alive in all its parts. In the
much Vaunted case in i6BB, the case was far •
otherwise—the Throne was vacant—the Courts of
Justice were shut—the Great Saal was destroyed.
Under these circumstances there was then no alter-
-native ; they had no power, no authority to legis-
late, and tney ad'opied that mode under the Or-
ouinstances Watch appeared to them must beneficial
to the State ; they adored it on the exigency of tae
ca.e. Another instance, my Lords, adduced of the
ritode-of proceeding by Address, is the well-known
case of the Iritt Parliament iu 1783. That Body
was pleased to determine on the mode of address
but toile immortal honour of the Noble Marquis
who then, resided in that country as the representa-
tive of the Soveregn, he Withheld, from it every
sanction in his poiver, and even refused to transmit at
to this country. But, my Lord, a .Materall consi-
deration applies to this proceeding of the Irish Rq'-•
liament, I mean on- the docuasioata of the question
of a Union
_with that country in 179 n, viz. that
this-very proceeding of the Parliatnentonrelandita
1788, by mode of address, was urged as au orpiment
for toe Union, inasmuch fIS the Legislatures in their.
separate 'btate logy, citi tie occurrence of web ,an
event, choose a ditfetentoatrson to 'fill the office. of •
Regeui in Ireland, - train that cooseti fill, the same
office. in Etagrind. Thisa-was admitted, as far as it
went, to be a conclutiite arvment. prr.cedent
of 178 d, my Lords, 1 contend, in all its pears and •
bealhig4, IS the only one w loco, under. the raaerit
and preatsaly siltii.ar circumatatices,legally nucleon-
,:itLuionLihy Our procePditigs. Il was :Imola, •
,and :ully taocos,eat io-both Houses of Vat-haricot at
-the time, and the Resolutions ialliajo I ha:u the
nowt this night- to submit you;ware carried in b..th
Houses by considerable majoiniesa -In adttilion-
to vs 13. it I have already adverted to on this
head, is she consideralion, that -in 'pursuance of
the- Resolutions • of. both Houses, Parliament ,N as
opened by Commission, ntider the Gent Seal,on the
ad of-February ; and it is well lairown, that tt7v4r.ds
the close of that month his Majesty haapily recover-
ed ; and, on the 10th of Marv), Parliament was
regularly opeOed by a ComenissiOn; -Under the ac-
customed formalities, the Commission being signed
by his Majesty. 'But in the first Commission I should
state, that the cause of the meeting of Parliament
under such circumstances was duly stated. In the
regular and ordinary Commission for opening the
Session on theloth of 'March, the former Con;-
mission was referred to and recognised, as appear-
ed from the then 'Lord Chancellor's saeech to both
houses in the - name of his Majesty; the former
Commissioners- were continued-in the Commisaion
of the loth of March, and the .ads andoprbeLledings
under the former Commission werea-ecognised and
confirmed by that issued in the customary way, and
signed by his Majesty-himself. In the interval be-
tween the Commissions a variety of legislative pro-
ceedings had V taken place, as Private Bills, for
which Petitions , had been, presented in the usual
way,, and. some of • these were considerably ad-
vanced in their progress. Were the former Coin-
. mission to which the great Seal Was affixed not i)11
the-perscnal authority of his Majesty,- but on that
of the two-Houses only—held to be invalid, or idle-
.gal,/ or not santlionL•d. as it afterwards' was, what
must have become of all those various acts to which
I have alluded ? Tt ever it -were thought doubtful
all those proceeding§ Most have fallen to the groand,
and must have cooonenced anew. - But the tact was.
tie reverse; all these Bills %yen:- taken op in - the
stages in which they wet e, fOund bithe seixiid Com-
missioners, and were afterwards passed under its.
authority, and under these acts so passed, a consi-
derable portion of property was now held. These
,• circumstances proved that a full Parliamentary au-
thority,' duly sanctioned by the King, was given to
the proceedings adopted, in the first instance,. by
both- Houses'—indeed, it was constituting it a com-
plete Ad of Parliament. With this great and incon-
trovertible authority,before our eyes, can we hesitate
a moment as to t lie, course of proceeding we ought to
putaue? as to onr decision upon the legal mode of
tiling up the deficiency which now exists in the Go-
vernment, and of giving effect to the royal autharily,
when we have the deliberate sanction of both
Houses upon the case before us, not only this, but
thedull authority of the three branches of the Le-
' gialaatue ? Upon this view of the case,Any Loids, I
air at a loss to conceive hOw there tan exist any (lit-
lereoce of opinion. As to the question of future
proceedings, I mean not at preset t to observe. I
wish that the question of the Resolutions now be-
fore you should rest upon its own merits. I
they imylve-one of the greatest and most imoortatit
quesotans ever discussed in Parliament---they involve
tf,e most essential rights of the Throne—and rr these
considerations, they involve every thing most sacred
in the rellioa :Of the country, and eery

• .
ertaming to the ratik•and •property of the Country.
i ;ir felopiion would, in my establiabed conviction,
-tied the best security for the welfaieend ptdsperity
,101,-Counqy, and afford the most effectual p.o-
eetion to the tights and . interests Of all.. Under
hese impressions, and upon the grounds upon which
have trespassed on the Committee .at such 'length,
feel myself perfeCtly warrantedos• well as .actuated
?), every consideration at duty .rt. my Sovereign and
he. coot:row, to callupen.your. Lordshipsi.by- Tarr'
z;ote, to give thesse resolutions the great sat-164m and
iirthoiety of the Paritiment of the thited'E.ingdona
Great 'Britain and Ireland:"
I, Earl .STasitoie rose, to. propose an arneNenent .
.to the second. ReSohation. He should notiierte•tor
rthai,Resolution-on the grounds stated by the Noble ,
iStieretary Of State (Lord Liverpool). That Noble
cornplaned that he had interrupted hiM. !t
was riot his intention to interrupt the Noble Earl in
?tire course of his spekh, but. merely to remind him
lat the moment that-the doefrifies Ie was laying down
1 were contrary to A6ls of Parliament.. He should •
have been 'sorry to have interrupted the Noble Se-
► cretary hi 'the course be was pursuing for other-
wise; the House would not have had the pleasure Of.
t, tearing the strange assertions, the extraordinary
positions which the Notate Secretary had thought
proper- to bring forward. Great stress had been laid'
I by: the
.Noble Secretary on the virtue, of. the Great
Seal, eed he'seemed Much to rely on the autlio-
I rite ,of jerues:ll.. Their Lordships would secol-
lect, that the Great Seal had been carried away by
t his very James LI. and hence they might be warned •
of the. vigilatiCe with which it was necessary to
7' guard it. If iheir Lordships would allow him, he
would puta.caser—Suppose a thiet. to take away
the Great Seal; suppose the Noble Secretary him-
self sto. take it away (he begged pardon for the sup-
position), and to affix
.it -to an instrument creating
hint Duke Flushing; suppose him also tooth% it to,
an act for granting to himself a pensipn to any
amount he shout e think proper, might lie not like-
wise put. ir to a Bill,of Indemnity to screen him
from the consequences of what he had been just
betore doing ? Ott these points the Noble Earl
seemed to be very learned indeed, but riot quite su
learned as, rie legal friend James 11. The Act of
Parliament to`which he wished the Noble Secretary
to look, was .no less an act than that for regulating
the succession to. the Crown. Let the Noble Secre-
tary refer to the provi.ions of that Act, and then he
would .ask him, whether lie would bow tq the au-
thority of his friend James 11. in preference to the
authority of this- Act of Parliament ? What autho-
rity could the Great Seal carry with it, when used
•in the manner which is *now intende.l to be pro-
posed ? cpuld it have any authority' longer than
until-the Suceessor to the Crown should give orders
to the contrary cases of illness of the Sove-
reign, knew of no Act ofParliametit which gave
that pouer.. It was not in. the power of subjects
to give it ; and• therefole he considered the Resole—
Aloe, in its present state, to be incomplete. The
Noblelarl 'here read the Resolution, and proposed
to atoeud it by substituting after the word " re-
quire," th s following words: " and until the Lords
Spiritual aed T.mpural, and Commons, shall hays
before them sufficient and saisfaciroy proof of the
fact, that lii• !Majesty is so far recovered as to:be
perfectly able to dlscharge all the
sfunctions of the
regd. auttierity." What objection could there
be to this ? It had alrea•!y been decided, that
.the two Houses were competent to -3urply the
detect in time ex rcise of the royal functions;
'that the. power resided in the two Houses, atid
ht) where die. That' the Privy Council had no
such power. • The only authority, therefore, to
resort to, and to be guided by, was the au-
thority P iament. He might also put the case
e of opinion among the Physicians—
two of them night' that the King was not so
weli -as to be able to di,charge the functions of the
Sovereige, and others of them, even four, might
ex ress a different opinion--.-they might even come
to be unanimous on this point—and then lie might
be thought 16 ,involve no difficulty. This reminded
him Oa story told by Judgeßuller of a conversation
with a country Squire and Judge Burnett. Time
Squire thought ehere could be no difficulty in dis-
charging the office of Judges, for they had only to
decide hetween black and white. Most certainly
there would be no difficulty in their _task, -observed
Judge Burnett, if all they had to do was to distin-
guish between black and white; but that was nut
the case—all the. difficulty lay in judging of the
greys. Such would be the embarrassment of their
Lurdsiiips in the present case. The great difficulty
was, to fix, the precise thing which the two Houses
ought. to do, and that they could not decide upon
but by adopting the amendment he had just pro-

posed.
The questi,,n was then put upon Lord' STAN..
itches amendment, when it was rejected without a

did i on.
'Lund HOLLAND then rose to move the previous
qu $llOll. It was not his intention now to answer all
the obs.rva'iovs and arguments that. had been used
by the Noble Secretary of State ; neither 'would he
enter iat o a discission of where the right lay in chus-
log a R,-gent .under the present circuulstances. A.
(inference of opinion on that head was.already re-
corded on 'the Journals, and he would not revive the
riuestion of whether the right was vested in the
Heir Apparent or otherwise. Some contended the
right was in the two Houses ; others that it was in
the Heir Apparent: others again that it was in the
Peoplet He would not attempt to reconcile ail these
jai ring opinious, though they might be all reconciled
into onecorcfasion, that the sole right was vested in
the Prince. But to avoid all discus ion of that ques-
tion he should-move the .previous question. It that
was agreed to, he should then move another resolu-
tion, fur taltilig such measures to supply the, defed
in the perional exercise of the royal functions as the
ititerests of the realm • might require, and which
should be conforMable to the principles of the he-
reditary mutiatchy and the law of succes,ion to the
Crown., His. Lordship concluded with _moving,
" That tie Hose .do resume, and that the ques-
tion on the tesolntiop; be now put."
This •motion was rejected without a. divi-
sion. „ .

The second Resolution WAS then put and carried
tvithout any 191ther . „
On the quest.ion-being put• to agree to the third
Resolution, , •
Lord HOLLAND again sose to propose an' atitend-
Meat to that 'Resolution, and in 'whit hehad to ofkis

tin
thiS point, he stoeld etideave it to keep As dose
as possible to the question. In some of the ebsee;
rations of the Nuble Secretary he was disposed to
acquiesce, but not in all. The Nob'e Earl endea- -1
voured to distinguish between the political capacity
of the Sovereign, and his ability for the personal ee-
ercise-of; the- royal funetions. To .a certain degree
perhaps the distinction might be just ; he was not,
however, prepared to say that it was, or ehAt it
was not. If ee rightly understood it,- it would • in.
fer that there was a power somewhere to exercise
that right; and that ii could not be delegated to allo-
t her. He did not imagine that in tt.e ss hole of our
hiseely ttiere could be found a single instance of it.
Couta any, man Asti* to'exerciSe the prerogatives
oftttie Crown in favour of the people, for whoseein-
terests they were originally conferred ? Such a right
might, perhaps, be assumed by Parliament. Yes ;
but it must be by a fell Parliament-ea Parliament
consisting of the three co-ordinate branches of the
ConstitUtion, the COmmons, Lords, and King ; by
some person properly authorised by such a Perna--
went se) to act. The Noble Lord seetr ed to insinuate,
that such was the power of Parliament, in such
,cases
as the preSente that they might chuso a Regent not_
the next of blood; that they might confer the Regen-
cy on the lowest individual. In this he might
agree ;- but that would net be au act of Parliament.
If the Noble Earl looks to such acts of Parliament,
then he loses sight - of the question altogether.—
Such a mode of proceeding would, its no sense, be
analogous to the Constitution of the country : and,.
however be might .disapprose of wresting that right
.from the Prince of Walsi, he would contend that
there waren° instance of it, when there was full
compereuce to exercise these functions. But it is
said, every Regent should be put under' restric-
tions. This did not hold pectin thopresent in-
siance Even a full Parliament, under circum-
stances like the present, should not impose ai.y li-
mitations or restrictions on the Rsgetit ; no, not
even temporary restrictions: It would be im-
posing restrictions, not for' the security of the
the people, but also as an insult to the per-
son in whom the power of the .Regent .was
to be vested. He felt that he: stood up in that
Hose for the people of England, and not for
ebe Royal Branches; but,. at the same lime,
he would contend that none but a , tell Parlia-
ment could letter the Regency . with limitations
and restrictions. There might be restrictions
imposed on Councils of Regency, but these re-
strictions did nut affect the right. So far fOr the
principles laid ,down by the Noble Eel'. He
should new more particularly examine the third re.
lution : it says, that it is the right of the two Houses
to supply the defeel in the personal exercise of the
royal functions ; that is to say, no doubt, that they
have that powC.r, but thst they cannot exercise it
without .the assistance of the Gieat Seal. This is a
most curious- sort of logic—certainly a mode of
reasoning not regulated in the usual forms of syl-
logism.', What is it but 'to say, ,I have two legs,
and I am fully able to walk, therefore I must have
a crutch. If the two -Houses have the poWer of ,
providing for the deficiency in the present instance,
why not exercise it ? why have recourse- to some
parson or thing in order to pass a Bill enabling
them so to get ? When that person or thing is so-
brought forward and employed, the mode of giv-
L ing the Royal Assent is made imperative in him,
but would that not be in the nature or forth of a
Royal Assent ? To get rid of those difficulties, it
was his intentioneo move that the Prince of Wales be
requested to lake upon himself the Regency during
the illness of his Royal Father, in behalf and in
the name of tee King, and then propose to the 1
Prince that he abstain tram all powers not necessary
,under all the circumstances of the moment. . This.
weuld be the proper manner of. proposing what
,!
lieilitatious or testridioes should be imposed on the
power of the Regent. But the question of restric!.
lions did not now properly come under discussion—
the question how merely was, whether the House
should proceed by way of Bill or by the mode of
Address, and which of the two modes was most con-
senant to the theory and the practice of the Con-
stitution,
which
,was the more
,totivenient, indeed
necessary, under the circurn tan :es of the' present
ca,e. , Of all modes ,of proceeding, the mode by
Bill was, ie his opinion, the most unconstitutional;
and he agreed with. his Noble Friend (Lord Stan-
hope), that all the principles and precedents referred
to by the Noble Secretary of State were wholly in-
applicable, or directly adverse to the mode of pro-
ceeding by Bill. And first, in a constitutional point
of view, he would ,ask, what is the Royal Assent ?
Or what is an At of Parliament ? Ur how do we
make a law ? Nothing may appear more easy or
plain ; :Jed the question reminded him of an
ingenious ' pamphlet, . entitled Anticipation, • in
which it is proposed to examine the British_
Constitution. , It ' is stated. to be a threefold
Constitution, . consisting of King, 'ends, and
Commons. In that publication it is made matter
of ridicule seriously to examine a thing so obvious
and plain. But what was there considered as so ri-
diculous, the Noble Lords opposite hue now stand
up seriously to defend. An -An of Parliament is a
' tripartite indenture. lf that be so, then they must
now tiud some 'pinion to at for the person absent,
or he will be disabled from acting: But no ; that
will not be the case, for they- will take upon them
to at as his attorney. By the 33d of Henry VIII.,
and Ist of Mary, it is made the law of this realm,
that the Royal Assent shall' be given to Bills by the
Sovereign in. person, or by a, ecnamission signed by
his own hand. It ha's ever hetn provided, that if
any person assert that the Houses of Parliament may
make a laW, the person so asserting should be liabie
to the penalties of a ersernuniee. How- do these,
apply to the measure now propose ?—But it will be
• said that the mode which he proposed was liable to ob-
jections ; he confessed it was, but still these were not
such weighty objetlions. Uis plan was at least more
expeditious and more candid. It did not carry with
it the marks of art, cunning and contrivance, All
principles and precedents were in favour of it, and
altogether hostile to the other mode proposed. Int:
Noble Lord then 'proceeded to examine the prece-
dents down from the year 1641,- to the Revolution
and Restoration: All tended to prove, the most
convenient and expeditious mode of proceeding was
by Address. But their,-Lordships are told that the
Throne, was then vacant. Yes but the Address
was .carried up, before' the Houses had declared
the Throne vacant: Surely the NobleSecretarjemust
a I Lave __trusted_ to Want et industry an cl**igence iu

that part of the House, when he attempted to iniL
.
po-se such do&rines on them as he has this night at-
tempted to es'abltsh. Such 'was not the ,conduct,
nor the wisdom of our ancestors, their mode of pro;-
ceedingwas candid, open, speedy,-and explicit. There
was nothing in it ungracious dr disgusting, as in the
(node that would now be adopted. This was his way
-of considering the question without the influence of
any bias, or partiality for any recent transactions--
he would at least rest his opinion upon an incnm=
plete transaction, like that of 1788—a transaction
and precedent which rested merely on the authority
of those who acted in it, and which had neither the
sanction of wisdom or experience to countenance
and cor'firm it-. The Noble Lord next referred to
the proceedings of the Irish Houses of Parliament
in 1788. They had approved of the proceeding by
Addreas, and their conduct would not be thought
wrong, merely because it was' disapproved by the
Lord Lieutenant for the time. Arid here he could
not observing,: and the people of Ireland will,
perhaps,Aserve it with disgust, that no little,atten-
tion or resped was paid' to them on thepresent oc-
casion ; that not even one of their Representatives
was-appointed on the•Comalittee for examining the'
Physicians, a mark of disrespect which he should not .
be surprised to
_see them come and complain of at
their Lordships' Bar. If he looked to the present
state of the country, which was so alarming in
every point of slew, he must consider the delay that
has occurred as most blamable ; it Has
double the time that had been so ernployed at the
Rev-lution. In the mean time the Noble Secretary,
and his ctileague. have iu the eye of (yen day
usurped the Monarchy of Great Biitain, anti the re-
gal power iS kept out of the hands of him who should
iti every respect be looked up to, and called upon to
.exelciseit,' amnia° whose hands it is the universal
wish and opinion of the country that it ought to de-
volve. How, did'our relations staud with respect to
America ? 1-101,v were we situated with respeei. to
Spanish America ?—Did we advise an amicable me-
diation between the Mother Country and . the Spa-
nish colonies ? He thought he coold perceive that
the Noble Lord who presided, over that department
(Lord Wellesley) did not pretend to take upon him-
self the same power which his colleagues have Weer--
ed to assume. In justice to his Royal Highoess fire
Prince of Wales, in justice 'to their Lordships' House,
and to the people at large, the suspension of the Royal,
Functions cannot be longer continued. Whether his.
Majesty happily recover or not, some proceeding must
be,adopted to provide in future for the melancholy
occurrence under which the country now labours.
Their Lordships owed it to their. country—they
owed it to themselves—to institute a severe scrutiny
into many transactions which have been stated upon
oath to have passed since his Majesty was first al-
flided with the calamity under which he now labours.
Has it not appeared that Commissions have been
signed by his'Majesty, when, perhaps, from what
has been stated by some,of the Physicians, he'was
under the pressure of that complaint which gives
such ascendancy to one mind over that of another ?'
He was ready to confess it,- that it was a
,shame-to
the Administratioa of which be hailp been an unwor-
thy Member, that they had taken no measures for
providing for such an emergency as the present, and
which cut short the country of all regal authority.
The duty was a delicate one, no doubt ; burit was a
, duty which must be performed. The Noble Lord
then concluded my moving, that an Address be pre-
vented to his. Royal Highness the Prince of Wales,
in time words and form which be had opened to their
Lordshit s in the body of his speech
The Duke of NORFOLK seconded the Address,
which heconceived the only constitutional moue by
which the Parliament could make known their sen-
timents to his Royal Highness. With respect to the
Great Seal, about which So much had been said by
the Noble Earl, that was a piece of metal and wax,
which, unless the Sovereign authority was in tor.ce,
had no effect. The two branches of the Legislature
now 'assembled were indubitably compelled to vote
themselves Keepers of that Seal, and it any ad of
Legislative authority was 'necessary to be done,' the
use of the Seal must bean them. In point of fact, the
two Houses of Parlianierat were like the aepublic of
Genoa, absolute for the time beyond all dispute;
they were to be regarded as King, Lords, and Com-
'mons. The Noble Duke observed, that in looking
back to the precedent of 1688, he could not but see
that the Parliament were placed in a similar situation
with the then Parliament, for at that time it could not
be well then foreseen that the country would have to
complain of a tyrant King, who fortunately, by his
abdication, had prevented much inconvenience.—
'The Parliament, as now, the Throne being, as he
must contend, vacant, proceeded to Address the
Prince of Orange, the next in succession. AC that
day, however, the Crown, by the Constitution, de-
volved on the infant Prince, but they did not go so
far. Itradopting the Address of his Noble Friend,
they would pursue that course in the present
gency which would be most safely pursued for the
benefit of the State.

His Royal Highness the Duke of SUSSEX, in rising
to concur with the Noble Mover of the Address,
wished to caution the House against the unneces-
sary delay and suspense which perhaps might ulti-
mately arise in ,the progress of the pi oposou Bill for
providing for the exercise of the Royal functions;
that anxiety which he felt, was ego:riled by no-
thing more than by the sorrow which he, in com-
mon with The rest of his Majesty's subjeas, expe-
rienced for the calamity which had caused the sus-
pension of the funalions of the Sovereign. •Six
weekshad now passed since the functions of Royal=
ty were, as the Ministers had informed the House,
suspended ; and since, a Committee of persons*,
not authorised by both branches of the Legislature,
had assumed those functions. His Royal Highness
declared that he was most jealous and anxious that,
as tar as in his power lay, his Majesty's late Mini•
Biers should not 'continue to exercise those functions
which they had so unjustly usurped. He was de-
cidedly:of opinion, founded on the clearest convic-
tion, that their conduct' was highly reprehensible.—
it would be found, upon referring to the Minutes of
the Secret Committee, that he had cogent reasons
for wishing delay, and he now thought it his most
sacred duty to call the attention of
ithe House to
those Minutes. By the evidence of the Physi-1
cians, it was apparent that the malady with which
his Majesty was afflifted was established beyond
doubt, and it grieved him to state thus much ; but
there came out this additional and important fact, that
lime had not keen any-personal conimunication be-

tween his Majesty and bit Ministers curing that
period. It' likewise appea,syd, that wit any of the
branches of the Royal Family had approached his
Majesty.: Would the House then suppose that his
Mak-sty had any will of his own ? Would she House
endure to ba told that the • kingly office was entire,
because Ministers had been bold enough :to take
upon themselves the adaiinistration Df that office t
What satisfaction coirld they have that what the
Noble Earl- had state 3. was the faol? How could
they be sure that, under such circutnstancer,- his
Majesty ;would have approved of what They have
done ? His Royal Highness could, not consent
agree to slid] speculative conalusions;''founded upon
such rotten fabrics. In the estimaaon which he foal
formed of the situation of Ministers, th, y were, ac=
cording to the Constitution of the Country, the con-
fidential servants of his Majest , to take from him his
'commands, and fo act'unaer them for t, e welfare of
the country, for the due observance of w e:cli they were
undoubtedly ahswsrable to Parii errant. With this view
of their situation, of respansioility; he dared them to
assert that his Majesty would have advised these trea-
sures which they have pursued, It was in.evidefice
that they had net approa:hed him for the last eig'!t
weeks, and none of Fundy had beer,
lowed 'to conic ricer his Royal Persoel— [fle,e his
Royal Highness was very 'illicit affected Runil
Highna:ss claimed pardon of ths.r Lard° .i;,, fw. ttle
expressions of agitation which he harts vneed, in
alluding to the delicate siturtion, in which ibe Royal
Family Were pl.tced. He contended, that if it was
Fovea the late. Ministers had exercised a power
which they had no right to, they were culpable; bat
even had they been frightened, hesitated, or stuns-
bled,, they would have been equally :treasonable for
allowing the Magistracy to be inactive. A blow more
serious had not been struck since the Revolution.;
The Sovereign, bribe Coostitutioh, was a sole cora
poration—he never dies-,-heenjOyed as it were a..eoli •
neat immortality. In allowing the authority to slotie. -
ber,they had committed a regicide ad against tlieChief
Magistracy.' The country had been amused And dis-
appointed by theth, with fallacious reports of the
state of his Majesty's health. In expressiens of at-
fection is
for his family, his Royal Highness equally
particieate;i his relatives, and he aas Keisti,d
that nothing would to confirm that union,w hich..Was
so desirable, than the adoption of the Address. • fie
could not separate the idea of the welfare of his So- •
vereigh and his country; vi hat affeeted the one must...
of neccessity concern the other. It the Constitution
was in dauger, the danger alike appertained to' his r I
Royal Highness's Father and Sovereign. •HestOod
up in defence of the' Monarch teal- Government, and to 11
this House he looked with the utmost confidence tor ya
aupport, lithe House would support the CollSitUtio4
against the encroachment of Micasters,i they must do
so by upholding the rights of the Crown; which would a '4l
thereby preserve the dearest interests of the people. • k
Mioist.ers, however, had made a shield for them-
selves of the Sovereign Authority, instead Of them-
selves ,shieldieg their Royal Master. They had, in •
fact, endeavoured to raise their- own power on the
' ruins of their Royal Master. In what situation
was the country placed in the present crisis.-- "
It the House proceeded by Bill 'to provide for -,1
the exercise of the Royal Functions, the St rtes
would assume to themselves all the right of legisla-
tion. If the., States therefore could select a, per-
son, it would be 'difficult to oppose the -Orator& .
of such person to fill tire vacancy.' The CullStittl•
Lion forbade such usurpation, and the w*o Houses, •
being equally bound to keep faith with the others
would not find much difficulty in the. election;
which, by the hereditary• sucees'.sion, was vest-
ed in the Heir Apparent. With respect to trio
restrictions endeavoured, or at least, subwiti sd,. for
impositions, 'hose must not, could not, be
tolerated.—The Regent must be invested with :lull
powers in order that the Government should
efficient.--He must not be a mockery of regal slate
and power, but an efficient *magistrate with tleaaf
powers usually given to the King. , His Royal H.gh-
ness, in support of 116 proposition, referred to au- -
thoritiet, in which. provision Was Made in this re-
sped. 'For thespace of 18 years it had been hts foe
to reside on the Continent, where
.he had saaashed
the progress of revolution, which, with rapid strdes,.
had been hastening the downfall ,of Empires, and Of
States, to the almost entire subjugation of modern
Europe. In that progress, he had invariably found'
' that the first step to revolution was the bringing into
contempt the Magistracy of the Realm, by injuring
the reputation of the Sovereign in the minds of the
people, Against this sort Of 'danger he warned the.
House. Tile people- possessed 'an excellent Constie
tution, which was originally erected on the basis Of
a glorious, Revolution, which time and perfedioo
had. rendered most beautiful ; if any encroachment
was therefore suffered on any one of the 3 branches,
of that Constitution, the total destruction of that -
grand specimen of the wisdom'of man would be the
consequence. With this feeling, ie should conclude
with praying the attention of their Lordships to
most itnportant circumstance, t-speding the state el
the country. The vital principles of the Constitutiod
were gone, 'if the Magistracy were brought into dia'`
repute; and he could not do better than quote the;
words of a Noble and Learned Lord, who once filled
. the "Woolsack, who, in speaking of the Sovereign"
said, " if I forget ,my Sovereign, may God forget
me." In those words he roost cord ally agreed,.and
he could add these :—" May God forget use if
forget my Constitution." It was only, he observed'
by unanimity that we ShOtild pie,erve that respell,
which, amidst the conflicting state of Empires, nao -
contributed to secure this country. The Britiib
Constitution, winch his Family had been the meat).
of protecting, would thereby flourish, and remain
monument, and stand aloft in the wreck of the sub'
jugated world.

• Lord MULGRAVE contended, the only exception'to 'the exercise of the Royal Authority was cev
tautly that to which t! Noble Baron alluded io
1688; but the contrast was sulking between al
two cases. In 1688, the 'exexise of the RoYs
Function was completely at an end. In the preset
case there was, no vacancy. In the former, 11111
Monarch had violated every duty, and btoken cverif
engagement; therefore to make an application 0.
the two cases was there was tow is fact
no interruption to the Royal Authority. In 160
the Parliament was not to existence. The State. WO
reduced to a state of nature; the only authoriti
was that of this House of Parliament ; the ~thof
House, which derived its existence from ilte
beinglturn circurwtancel, st an rod. The Prot;

of a

fer 11

WhIC

-Even

the si

Tl4vvyi
4ume