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

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both Houses—indeed, it was eintsiltuting it a corn.
plete Act of Parliament. With this great' and, in.'
controvertible. authority beforecO tr eyes, can we'
hesitate a moment as to the course of proceeding
we °tight to pursue ? as to our decision. upon the
legal 'mode of filling up the deficiency whiCh now
• exists in the Government, and of giving effect to
the Royal Authority, when we have thedeliberate
rtuction of both Houses span the ease before
'es, not only this, btit..the
.full autliori'ty of the
•three branches of the Legislature ? Upon this view
of-the case, my Lords, I alit at I lon to conceive
.how there can exist any difference of opinion. As
t i the question of future proceeding., inweir not
at present to observe. I wish that the question of
Cie Resolutions now before you should rest upon its
owe Merits. I think they involve one of the great:
Ma and meat important questions ever discussed to
Parliament—they involve the most essential righlt
of the Legislature—they involve the most esseurial•
rights of the Throne—and in these considerat.ions,
they involve every thing most sacred in' the religion
of the country, and every thing appertahilkig to the
rank and-property of the country. T.:teir adop-
tion would, in my established conviction, afford
the best security fur the welfate and. preipevity of
the counter, and afford the must effectuel. pro.
tection to the rights and interests 41'1811. Under these
/impressions, and upon the' gre.onds upon which I
hare trerpassed on the Cooks-dims at such length, I
fee: myself perfectly watsitlitcd•,-as well as actuated
k ,every consideration-i5:1'4%1440 my Sovereign and
t untry, to c2ll upon y4ltr-Lordsbips; by your
•0(.4.40 give these Resole the 'erect 'auction
and at4trity of the Parliament of,tbe (Jailed Kitip'
dont of treCat Britain. and Ireland." •
Earl STANHOPE reset 'PrePase ay. Amend-
ment. to the second ROeolotion. „Ittiseould nut
•ote fur that Reselsot'on on the-grounds stated by
et*: Noble SecriKary of State (Lord Liverponl).
• - complained that he had interrupted
him. It Peas not his intention to interrupt the
Aloble..lkarlin the ceursc.nrhis •spoech, hut Merely
• W I,o";ind. hlM•at the Moment•that tho doctrine* ho
- toying 'down were contrary to Acts of Perlia7
'tient. ftc stioulti have been purr), to have inter.
rupie4 the Natio Secretary in the course' he was
josextringi foeutlbrwisei the,lltiuse Would not have
hail the iiiceisare of bearing the strange assertieni,
the extraordinary positioni; which the
.ploble Sc.
etitry had-thought properlo beiniforivard. Great
%tress had been laid by the Noble Se6retary on the
• Itirtire trt. tive Groat Seal, and he Seemed much 'to re.
kir on the authority of. James 11. Their•Lordthips
would recollect, that the Great• Seal hail been :Car-
ried %Kay by tois very Jamb 11. and hence they
might be warned of the vigilance with which it was'
necessary to guard it. If their Lordships would al.
low him, ho would .put a ease:—Suppose a thief
to take away the Great Seal ; suppose the Noble
Secretary himsdf to 'take it away (ho begged
pardon for the supposition), and' to affix it to
an instrument creating himself Duke of Flushing ;
sumiase him also to affix it to an act for granting to
himself k pension to any amount he should think
props r, night he not likewise put it to a Bill of In.
d-innt,yto screen hitii from the consequences of what
he haii been just before doing ? On these points the
N,o•le Earl seemed to be very learned indeed, hut
nal quite so learned as his legal friend, James 11..
Th- Act of Parliament to which he wished the Noble
Seeretars to look, was no less an Act than that for
regulating the Succession to the Crown. Let the
Noble Secretary refer to the provisions of that Act,
and then he would ask him, whether he would bow
to the authority of his friend .James 11. in
preference to the authority of this Act of Par.
liameot ? What authority could the Great Seal
carry with it, whets used iu the Blattner which is
now intended to be proposed ? Could it live any
authority longer than until tire 'successor to the
Cr.iwn should give orders to the contrary ? In
cased of illness of the Sovereign, he knew of no Act
of Parliament which gave that power. • It Isis' ndt
In the power of subjects to give it ; and therefore
lie considered the Resolution, in its present
• state, to be incomplete. The Noble Earl Sere read
the Resolution, and proposed to amend it by sub.
stituting after the word " require," the following
• word.: 46 and until the Lnrds•Spirttual and Tem-
poral, and Commons, shall have before them sta.
cleat and • satelactery proof of the fact, that his
Majesty is so far recovered as to be perfectly Cite
to discharge all the functions of the Regal Authori.
ty." What übjeetion could there be to this? It
hail already been decided, that the two Houses
were competent to supply the defect in the exercise
Of Royal Funotions; that the power resided in
the two Rouses, and no where else ; that the
Privy Courted had no such power. The only en.
ghloity, therefore, to resort to, and to be guided hy,
was the authority of Parliament. lie might also put
the case of a digerence of opinion among the Physi-
cians —two of them might think that the King was
not so well as to be able to discharge the functions
of the Sovereign, and others of them, even four,
1111 I 4 t express a different opinion=t hey might even
tome to be unanimous on this point—and thch he
might ,be thought to.involve no difficulty. This re.
minded him of a story told him by Judge Buller,
of a conversation with a country Squire and Judge
Harnett. The Squire thought there could be no
difficulty in discharging the office of Judges, for they
had only to decide between black and white. Most
certainly there Would be no difficulty in their task,'
observed Judgellurnett,' if all they had to do was
to distinguish between bla, It and white; hot that
was not the case—all the difficulty lay in jsu!giug
of the greys. Seek would be the emitirrassment of
their Lordships- in the present case. The great dif.
fit:silty was, to fix the precise thing which the two
Houses ought to do, and that they could not de..
Mile upon but by adopting the Amendment be heti
just proposed. '
• The Amendment was then read and put, but was
negatived without a division.
Lord HOLLAND then rose and said: f' My'
Lords, I have a few things of note to observe, or to
call sour attention decidedly upon : I Have listened
to discussions which wandered astray from the im.
port of their setting out. In the first•place, I dif-
fer from the Noble Lord concerning the Resolu.
IRMA, nod concerning the mode of conducting the
debates which they have occasioned. We wander
pligo 'troth tato Ibo dim IWO of abltruct prin.
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Mph!, cud lothigt otri Way, 'we step. about for Iffilied• with the best authority, practical conic.
ought to lay -hold of te make us Eight again. locum. It was not alone necessary that the autbo.
It is both wrong arid 'Unfelt aattempt the discus. rides who made it were known,
but it was an
sion ot abstract principles. They dazzle only to be. indispensible requisite to its importance, that its
wilder, and shift only to blind us. Such disquhi- effects should have been positively experienced. The
lions confuse instead of enlightening. us. I shall precedent of 1788 was not, of this description ;
make no observarion on the difference of opinion while it was supported on one side by Mr. Pitts
existing on the point, whether the right belongs to
Lord Queden, and the existing Administration, it
the Prince, or whether it belongs...to these tw watecosinterpoised on the other by the Minorite,
Houses, the Represenfatives of the People. All whose names he did not think it necessary to tne.
the wisdom" and subtleties of Man tend only to
floe, but whose abilities were not less eminent than
ruin and degenerate
sinus mere questions, whilst the suggesters of the measure, (Mr. FUN, Mr.
there can only esist one reason why his Rigel Burke, &c.) The Noble Lord (Liverpieol) had
'Highness should he Regent. On this I urge adverted to the precedent of the Irish Parliament,
no opinion ; I shall only move some little which he condemned in the most unqualified terms ;
amendments on some of the proposed Resole. it was not to be regarded, he said, as deservinfe the
anon.. If this motion- should be carried, I will slightest degree of attention. Obnoxious, however,
(then deem it proper for Inc to state come further as that precedent might be to the Nettle Lord, and
iblervations which I have maturely considered.-- however inconsistent with his present objects, it
relit is impossible for me to sit down without Inke had at least to boast, whether a good Or a bad
ing notice of some remarks which have come from' precedent, that it accorded with the former pee.
the Noble Lord opposite me. The Noble. Lord cecdings of the English Parliament. It• seemed,
speaks about the political capacity of the King, however, to be desirable some how or other to get
and of hisspoweri of acting in that' capacity ; but rid of the precedent of Ireland, and 'he (Lord
the Noble Lord dues not understand thedistinction Holland) felt himself called upon to observe that
between them. In all the tonglist of ancient Re. the Committee nominated to -examine the Physi-
geucies, quoted by the/light Hun; Lord,' can he Mans at the present unfortunate crisis hau been se-
say the Rights of the Peopro were invaded and de. lecteil with very little respect to the representatives
spoiled ? • (Zut; observes the, lion. Peer again, there of:thatenentry ; he believed there had nut been one
can bfatO Regent bet..,hy erections of Parliament. •iieghtindividual of the Irish Peerage appointed to
Ho* can that be then, for Parliament consists of het. With the Committee,—('near ! hear!]-=The
King, larird-hglid Cottoned!, end when the Kingly next'poiest to'which he had to direct the attention
Offrce.is..liicanl; some one must be King before they Of their Lordships was the situation of the country
call'eled 'a Regent. The samu Lord further ail). as it now stood, cotiteasted with-the State of affairs
*serves, that there exists no right in the Heir to, the in 1788. the latter period the kingdom was in
Crown to he 'Regent.' It is the true gift of Parlia- a state of perfect peace, there were no internal diei.
meat, saes that Noble Lord, and any individual in sioii to disturb the current of political occurren.
en the nation has, and inherits _the 'same right of ces; and although time was taken 'to discuss the
claim as the Prince of Wales dots ! As to exercis- measures which it might be most prudent to adopt,
ing the rights of Majesty, that full power was ex- the characters of the meet then in power were
Mud in favour of the family now on the Throne, too well known to suppose it possible, had the
and' is an act of a full and unmutilated Parlia. state of the country. required it, that they would
meat ; but though the Noble Lord is content to I have delayed one moment longer than was ab.
bestow an the Lords and. Commons the power ; solutely necessary to supply the deficiency in
of .nominating a Regent ; but though he is so I the State. He would ask their Lordships what
;profuse he ',hiring power along them, he was now the • view before them ? The dark
would seem 'not altogether so liberal in be. clouds of. impending destruction hovered around
stuwingit lei others. However 'much I may ap- them ; the gulph of destruction seemed yawning to-
prove eV restrictions' in penicillin. cases, yet I receive a sinking country which was. to fall the in-
would net wish ref loek on a Regent, or consider glorious victim of •imbecility ; not the offspring of
hint as any thing much. below a King. •It is said, its own weakness, but of the headstrong ignorance
that>i Regent has never, in any instance, possessed of a disgraceful faction.—[Ueae• ! hear !]—The
Poll powers, and that it is not necessary -he should. Noble Lord (Liverpool) had said that the cotes.
Yet for all these considerations, I will say, that no try experienced no inconvenience from the delay
argument shall induce nte, to think of loading the which had taken place, in not Ailing the doff.
Regent with heavy restrictions, which' would re- cietecy in the Executive Rower. To what end
mid him in the execution of Kingly trust. I have could this argument go, but to show the king.
been considering the powers of the Crown, and I dam that the Noble Lord and his colleagues had i
contend against the whole principle of heavy re. taken upon themselves, without Address, without'
!frictions. It insults the Sovereign, and bereaves the authority of Parliament, without the concur.l
him of his wonted prerogatives. There have been rence of the State, without the cognizance of Law,
instances of Regents Who were restricted in certain and without the sanction of the Sovereign, that
offices and kingly trust daring the absence of the power *hick they refused to grant to his Royal
King, hut then that people had a King. We are Highness the •Prince of Wales, without a Bill;
without one, therefore let the restrictions be light ' without which Bill they alerted his appointment to
upon a Regent. What, my Lords, does the se- the Regency would be illegal. Did the Noble
cum! Resolutlun say—lt is the duty of Parliament Lord and his colleagues imagine that such conduct
to supply kingly absence ; and what is the condo- could pass with impunity? Was it to be enduired,
sion, ie cannot do it without asssistance ? that be shouid thualit the open eyes of day, usurp
You will find nought exists in our Coustitutien to the Monarchy of the country for purposes too et'.
fix this principle.. Let us consider the question we dent to be disguised by the most specious pretekts ?
proceed on ; that a Bill be supplied by these two It was-manifest their whole object was to reap as
powers to constitute a third': The mode adopted is many advantages for themselves as circurnstancrsi
by Bill, and to appoint certain ',croons to affix the would admit, or their own ingenuity could invents'
Great Seal to it fur kingly assent. This is impel- [hear, hear!] Either the public authority
lag these persons to give their assent The seeds of must have been usurped, or the public interests must
our sacred liberty were .sown at the Revolution,- have suffered. Did not the Noble Lord well know
and along with it sprung the mode of Royal Address,' the circumstances which had occurred under the
the form of which was proposed to be Adopted in Portuguese Government in the Brazils, circum.
one choice o( a Regent. Now can We make a law, stances which' called for the assistance of this
or legislate ourselves ? It was once observed,' that country, and which in the aniline state_ of the
'vie Houses of Parliament had a 'threefold voice, Government could nut be given ? Ile (Lord
*aid this very thing we aro now called upon to de- Holland) might be •premature in his advice 'spinal
'fend. If we heirketi to the voice of. learned men, that subject, but ho should certainly recommend an
'it with say that an Act of Parliament is done by amicable mediation between the mother country
-the union of three parties; nol it may hes found and its colonies. Was' the Noble Lord ignorant of
necessary to act. at times in • the went of a the state of America, and from thence if he turned
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third, and this blur present case.”. The his eyes towards the movements of the *mire in
Noble Lord then proceeded in a strain .of elo. Portugal, could he deny that amidst the press of
Asenco to comment on the various precedents which important considerations in which the character, ho.
had' been adverted to in the course of the discussion nour, and future prosperity of the country • were
on the very important topic before the Commit. , concerned, it was essential to the vital interests of
tee, none of which did ho think applicable to the the State that a substitute should heappointed in the
case in question, but that of the Revolution. On room of his Majesty, whose* powers should be len-
that occasion, the first Acts of the Parliament shackled by limitations, and who should be enabled,
was to send an Address to the Prince of Orange, without a moment's delay,to pursue the most prompt
requesting him to assume the reigns of Go. and vigorous measures his judgment might point out,
' vernment, reservieg the discussion of such a and the perilous situation of the State might re.,
measure, as well as the power with which it quire. Much had been said on the unuecessary de.
might be expedient to invest him, for a future lay which had taken place at that momentous crisis,
consideration. rie line of conduct arose as and many jest animadversions had been uttered.
much from the necessity of the times as from a Ile did dot mean to accuse this men or that man
sense of that deference and respect which should el ith being pariicularly implicated in that charge,
be] paid to a great Prince. If en objection but he would call upon every titan to examine the
was held to the mode of 'proceeding by Address, facts that had come out in evidence before the Coin.
as strong an objection must be entertained (p.r suittc on the examination. of the, Physicians ; and
the mode of proceeding by gilt: The question, he week' ask them to -consult their own hearts and
in fact, resolved itself into the simple proposition, say, whether the Royal Authority haul not been ite.
whether it was more respectful to his Royal Hio.;11• properly suspended; whether they had nut been en.
nese to call t pun hint by way of Address to take trapped by fallacious promises and representations,
the Government into his hands, or to fellow the into a concurrence with the wishes of Ministers,
course chalked out by the reigning Ministers, and o hose aim and object was att last proved to be
proceed by Bill. In his estimation it would. be grounded upon the sole wish to usurp the Royal
most expedient to follow the steps of our ancestors, Functions themselves. [hcer, hear 1]
to take advantage of the example which stood 'on they their Lordshipi might be fortunate enough;
'.'record, with reference to the Prince of Orange, and mote more to see his Majesty seated on his :chrome'
`by a -frank, open, and explicit appeal to the Prince amongst them, or Dot, be (Lord Holland) con.,
sof Wales, call upon him to adopt that situation at ceived that some proceeding should be taken upon'.
•the head of affairs, which existing circumstances this subject. [Hear, (tear The usurpation of.
rendered so essential to the interests of the Realm. the Royal Authority was in any way en offence ot
To follow an opposite course would not alone magnitude, but above all by means aollegitiesse:
be ungenerous, but would be treating with un. Their Lordships ware bound thorcfura, whatereti
vomited indignity that individual to whom the might be the ultimate course adoptedi-. in duty'
Mghest.respect was due. No man would be more to their Sovereign; in defy to the coostry, end.
ready to follow a precedent founded upon constitu. in duty to themselves to subject' the conduct of Mt
tional principles than himself; but he neither Could - 'Noble Lord (Liverpool) and his colleaguei to thet
nor would agree to any proceeding which was severest scrutiny. [Hear, itser 1] From the
founded upon an incomplete transaction. In such evidence adduced before the Committee, and rcr
a light-did be regard tie precedent of 1788, which corded in the report before'thc Rouse, it-was pros*
had been so extravagantly eulogized, and with that that at a period when his IVlajety was labouring;
feeling ho should el 'enin himself criminal, were he under • the effects of his urifortennte milladY934'
not to withhold his consent from the motion that ' RoyaUAssent bed been given by Commission from
had been submitted to the Committee. A coffin- the Throne of that House to several Public men.
tutional precedent was that which received not, sures., 'That was Ofaet le eatraordinary ant! so ia.
Orme Om naction of brillioot taitsuir;* but which 1 4cleatiblo that it called loudly fur iurritiption,
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7

tit addition to this, eight weeks had bees entered
elapse to the eternal shame of the reigning Mot
nistration, before any proposition was nude hi
supplying the-deficiency in the Government, Whit
the reigning Ministry were reaping the fruits
their inordinate ambition and assumed power, t
country was left exposed to the machinations
of
conqueror of Europe., and in a situation as dartgpt
ous as unprecedented. It would not be teem;
fur him to dwell longer on this subject i he trot*"
'he had said enough to convince the Committees'
the expediency of proceeding by Address ; sag „i
the truly disgraceful conduct of the Ministry, writ
these sentiments he begged leave to propose, as al
amendment, that after the word " Itesblvedlo, thl
following words should he inserted :

• fs That• his Royal HighaeA the Prince of Wales heist e.
mature ages be requested to take upon himself Ike eserme
the powers and authorities of the Crown, in tbe amoe and oi
the behalf of the King, during the coutiouance of his Majea)
present indisposition, and oo longer.
" That an Address, (omitted I/0 a Resolution, he pre<ertei
to his Royal Highness the Prince of V►ates. requesting him t
take upon himself the Government aforesaid, and that it be
the same time and in the same manner commmoiroted to h
Royal ifighoesi the Prince of Wider, that Nis further ti
opinion of this Committees that it ts ill be expedient so ab,t,
from the exercise of all such powers as the immediate esige
'cies of the State shall out call into action, until Parham*
shall have passed a Bill or Bills for the (attire cite of his M.
jesty's Royal Persim during his Zdrjesty's present indispooli,
and triC securing to his Majesty, whenever it shall please
vine Providence to restore his health, the resith,rie, of I
Itoyal Authority."

tt'sinthiecatiltlyinuewswthianwt:herhesisaio
Duke of NORFOLK spoke in warn terms
the speech which their lordstdilliiiasi
'ls:scout:did tat
from a Noble Baron (fiord IloHand). Ile euforr
some of the topics connected with that Noll
Lord's speech, but from the low tone of his voi
it w
We as
understoodiinisussild eh :not collect
why the two Houses owtall'isarelria;ntot
Upon themselves any of the functions of the Et.
ebedcusilttiicumlietemei;ezedyelihraicatsitetsletyt
my
ryibidior:lalfittelyd(Chh;e of the
functions
at:ref i
ost Ihfaettyshrepertsoclizuemi:dl
five, they might •as well order the Regal Sceptre t
be put open the —Table, and say there is the K;
who is hereafter. to speak through our must
Alter advents's to the anaiugy between the p
dent' of the ftevolutinu and the proseut period,
.concluded Kith supporting the amendment.
• HIS ROYAL lIIGIINESS DEW
SUSSEX ruse, and with a delivery equal te
must celebrated of the orators in either Moue
Parliameet, of the primula day, spoke to the
teeing effect ;
sf My Lurds,--In ,rising to second the m•se
of my Noble Friend, I am aware that the his
will look with, ealousy to aey propositiste theta
come from me ; but after the must Washes cat
&ration to what has been passing on this oimaii
since the commencement of it, I am fatly per
waded that. his Majesty's present ministers ix
usurped the Royal atuthoriy fosi! the •
during which they have octet. ots, this mu
tuns occasion. You kare now, Mg,lipetds, a a
Mention subject before you, on: vim your Sec
Committee has reported to you fasite'siroch deli
has prevented you (coin touchiest upon, yew
Lordship may recollect that, on a flusher °cosi
I ventured to stele my anxiety and hope, that
1 Majesty might soon be in a Mite to supersede
i necessity of any deb upon this subject ;
upon considering what appears upon the initiates
`your Secret Committee, I do think it a sacred alut
i imposed on me, and indeed it is my right, to ca
I your Lordships' • most serious attentiusi to tip
must momentous subject.—ln the first place, m
Lorda,l conceive, that I need not repeat that chic
has been so well established above a month ago
for you derive from youtcommittee for that per
as appears by their minutes, by the evidence of di
.Physicians in their Report of the state of his Ma
jenny!, hyalth, that there has yot been, fur die
period; any communication, between the Soma
mid his family—you have it likewise, from the Na
authority, my Lords—l mean the evidenee of di
Physicians, that no branch or member of the Rey
fatally has during that period, been permitted to al
preach the sacred person of his Majesty. Undersuc'
circumstances, my Lards, and in such condition
things, I would venture to ask your Lordsiilie
whether you think his Majesty has, at present
any free will, or, indeed, any silll at all of his oat
Why then, my Lords, can you allow yourselves I
be told the country is perfectly safe, because Ili
Majesty's Ministers have .exerted themselves in slit
a wiener as the exigency of the times acquire ; bu
can those Ministers she.. (Wilsey have cowhide
themselves, iu the estelee "thick they have elm l
their Royal Mastergfereaerreey part of their eon
duct on this occasion-, in . such te, Wise"
to jistify themselves, or to satisfy yoeeterrilthil's
Who knows that-if :his Majesty • weriell lelsisett
he would have directed tech conduct as his Pew
Ministers have observed ? They say he *wild
but, my Leeds, I du not assent to their speculaliv
conclusions ; and therefore, in the language of On
times) I would say, that if Ministers are thus
misrepresent the will of the Sovereign, one
bunnies of the Constitution is misrepresented, IS
if
.this is to pus etiolated by the alba t'",,
4whole of tilofabrie is destreyeple--v-m
'Lmb, If I hive any idea of the Ceisaitoli°
of my country, the Ministers are a set of an
end soothing buts set of men, whom his Neje,'
tpy his 'Loyal Will and Pleasure, calls Into eelis°
the service of the Empire. They Ofei tMer
hire, his servants—his confidential taunts entilll
ly, because ke reponse trust in thew ; but bdo
•soreants, they are to take, bees Post it is their dash
teetake, tAL*rection of their Sovereign. (ii..
Ttrgve him their advice, iu all OK
'Whereto • the welfare sad iaterest of the Pe
pie are stisneerned, in which case they are
act to the . best of their knowledge aid ,ludgriter
AIWI for which deice, they ere respossible
Parliesient.—ln consequence of the eeP.ttac.
• t
thtion which his Meister, make fo hoes his :t .
cot, constitute them to art, tad fur which a"
Seth it ,hey are anteereble to the rosPiog•
dsity, and such the Tespousibibth of hfinhtrn
t
111/ l'gro) =low ;cumin, tha