eral question. In the course of his speeeh, I than by any set of commissioners whathe dropped a word relative to the Lord ever. He remarked, that there were Chancellor's expression of a five days' fit various possible cases which might entitle of philanthropy. the merchant to compensation; but, for the sake of illustration, it was not necessary for him to state more than two. The one was, where the merchant's ship was not yet sailed, but the outfit, apparel, and all the necessary equipment and preparation bought and ready for the voyage. Lord King thought the Bill ought not to commence till some time in August or September; that as to a retrospective law, that House could not think of it, because it could not be other than an act of glaring injustice. With regard to a compensation, it was out of their power to give an ade-In that case, taking it for granted that the quate one. They might indeed open a door to endless fraud and abuse, since if they inserted a compensation clause, the inevitable consequence would be, the honest would not be sufficiently paid for their losses, and the fraudulent would be considerably over-paid. The Committee proceeded to fill up the blanks. After which the chairman reported progress, and asked leave to sit again. June 30. The House being again in a Committee on the Bill, The Duke of Richmond proposed his promised compensation clause. The clause stated, that as cases might arise, in which it might be proper to make compensation to the merchants engaged in the African Trade, in consequence of the Bill's attaching upon their adventures either prepared for sailing, or already sailed for Africa, certain commissioners should be appointed under the great seal, to whom the said merchants were to apply on or before the 1st of August next, in order to ascertain the nature and terms upon which their claims were to be made out. The Lord Chancellor contended against the clause as inadequate to the purposes for which it was introduced. He objected to the wording of the first part of the clause, which only, supposed that cases might arise, in which it might be necessary to allow compensation to the merchants concerned in the African Trade. He said that every one of their lordships must be aware that, as the Bill, by retrospectively attaching upon the merchants adventures, would take them by surprise, and subject them to considerable loss, there would indubitably be many claims for damage so sustained, and that it was incumbent on parliament to consider the satisfaction of such claims as a debt of natural justice, and provide for the same accordingly. He next wished rather to have the quota of compensation to be allowed the merchants assessed by a jury, Bill by its operation limited the probable profit of the adventure one sixth part, (by limiting the number of negroes to be received on board, in that proportion,) the merchant ought, in his mind, to be com pensated for the sixth part of his profit se lost to him. Another case was that of the merchant, whose ship was already sailed, and would have arrived at the coast of Africa, before the Bill should be served upon the captain. In that case, the whole expense of the adventure having been incurred, and the captain being by the service of the Bill upon him, restrained from making the full advantage of it, the merchant had an undoubted right to a compensation from the public, adequate to the proportion of loss sustained in consequence of the limitation enforced by the Bill. Nothing could be more easy than to ascertain the respective amounts of the compensation proper to be made in these two cases. In the first, if any man were to go upon change at Liverpool, and ask what would be the difference of profit on an adventure to the coast of Africa in an unlimited state, where the merchant was allowed to make the most of it, or in a limited state, as prescribed by the Bill, he would immediately be told the amount of that difference. And the amount of the other case was, in like manner, equally easy to be ascertained, but in both they ought rather to be left to a jury than to commissioners; a jury being accustomed to assess damages, were, undoubtedly the best resort in cases of that nature. If commissioners were to be the assessors of the compensation, they ought, at least, to be directed in express terms how they were to act, and not to be vested with the powers of legislators; nor should they be limited to one meeting, as it would be impossible for the merchants to make out all their losses before the 1st of August; indeed, they would not by that time be themselves apprized of the amount of the losses incurred by the attachment of the Bill on their ships already in Africa. The Bill being returned to the Commons, and some of the amendments being thought to trench on the privileges of that House, the consideration of the said amendments was postponed for three months. A new bill was immediately brought in, which passed both Houses. The King's Speech at the Close of the Session.] July 11. His Majesty came to the House of Lords, and put an end to the session with the following Speech to both Houses: "My Lords and Gentlemen; "In the present advanced season of the year, and after the laborious attendance which the public business has required of you, I think it necessary to put an end to the present session of parliament. I cannot do this without expressing the satisfaction with which I have observed the uniform and diligent attention to the wel fare of my people, which has appeared in all your proceedings. The Duke of Richmond said, that with | Against it, 12. On the 1st of July the regard to the wording of the clause, he Bill was reported, and on the 2nd it was could not agree that it afforded much read a third time, and passed. ground for objection. The learned lord would surely allow, that there might be cases, in which it might not be right to grant any compensation whatever. Nor did it follow, as a matter of course, that the African merchants must necessarily be losers in consequence of the operation of the Bill. It was true, the number of Africans to be taken on board the ships was limited, and perhaps in the proportion of a sixth; but then, as it was highly probable that the number of negroes which the Bill limited the captains to receive on board would arrive in full health at the West India islands, they would prove the more valuable, and fetch a larger price than heretofore; the merchant's profit therefore might not be less than it had been hitherto. With regard to the indubitable claim of the merchants to a com. pensation, on which the learned lord had laid so much stress, he begged their lordships to recollect what the object of the Bill was, and to remember, that the ground of it was a general understanding, that the transportation of Africans from their own coast to the West Indies was so conducted at present, that from the manner of stowing them, men were necessarily subject to lose their lives. That being the case, he had a right to argue, that such a Trade was illegal; because merchants had no right to carry on a Trade that necessarily subjected men to lose their lives, and instead of having a claim for compensation for the loss sustained by discontinuing such a Trade, deserved to be treated in a very different manner; but he was willing to wave that argument, and to consent that a reasonable compensation should be given to them. He never could agree that a Liverpool jury were the most proper persons to decide the amount of such a compensation. In answer to the argument, that commissioners were improper, the duke quoted the recent practice of parliament in appointing commissioners to ascertain the claims of the inhabitants of East Florida, and the American loyalists, in order to assess the amount of the compensation to be made them for their respective losses, and assigned his reasons for deeming commissioners to be equally proper in the present instance. After some further conversation, the Committee divided: For the clause, 14; "Gentlemen of the House of Commons; "The cheerfulness and liberality with which you have granted the necessary supplies, demand my particular acknowest satisfaction that you have been enabled, ledgments. It must afford you the greatwithout any addition to the burthens of my people, to provide for the extraordition to the current demands of the public nary exigencies of the last year, in addiservice, and to the sum annually appropriated to the reduction of the national debt. "My Lords and Gentlemen; "I see with concern the continuance of the war between Russia and the Porte, in which the emperor has also taken a part. But the general state of Europe, and the assurances which I receive from foreign powers, afford me every reason to expect that my subjects will continue to enjoy the blessings of peace. "The engagements which I have recently entered into with my good brother the king of Prussia, and those with the States-general of the United Provinces, which have already been communicated to you, are directed to this object, which I have uniformly in view; and they will, I trust, be productive of the happiest consequences in promoting the security and welfare of my own dominions, and in contributing to the general tranquillity of Europe." The parliament was then prorogued to the 25th of September. It was afterwards further prorogued to the 20th of November. Proceedings of the House of Lords on the King's Illness.*] Nov. 20. Both Houses met pursuant to the last proroga tion. The Lord Chancellor having taken his seat on the woolsack, rose and remarked, that although their lordships were assembled in pursuance of the last prorogation, yet it had been the general practice to summon the House to meet for the dispatch of business. To account for this omission on the present occasion, he thought it incumbent on him to observe, that, from the situation which he had the honour to hold, it was his province to receive his Majesty's commands for either proroguing or summoning the parliament, but such was the lamentable disorder under which his Majesty had become afflicted, and such the severity of his illness, that he could not approach his royal person to receive the signification of his commands. adopted by his Majesty's ministers to prevent any complaint from the House of their being taken by surprise. There were, however, several precedents in the history of this country, where in cases of rebellion, and other emergencies of state, parliament had been summoned, on notice of fourteen days, and he conceived the critical situation of his Majesty's health a sufficient reason to justify the present deviation from the usual practice. He did not, indeed, find any instance in which either House of parliament had proceeded to the consideration of any national business until the session had been opened in the usual form. It was his intention, therefore, first to move, "That the House do adjourn to the 4th day of December;" and if their lordships should agree to this motion, he would then move, "That the House be summoned, and that the Lord Chancellor be directed to write letters of summons to their lordships, requiring their attendance upon that day."" The motions being severally put and agreed to, nem. diss. the House immediately adjourned to Dec. 4. The House being met pursuant to adjournment, The Lord President [earl Camden] ob- The Lord Chancellor begged leave to served, that it had been the general prac- acquaint the House, that in obedience to tice to give forty days notice previously their commands he had sent letters round to the meeting of parliament for the dis- to every peer, earnestly requesting their patch of business. There was no law, attendance, and that he had received however, which required this, notwith-letters in answer from such lords as were standing it had been a custom in general In the autumn of 1788, all ranks were alarmed by a report, that his Majesty was seriously indisposed. Resolved, notwithstanding illness, to perform the functions of his royal office, his Majesty, on the 24th of October, held a levée; and though it was obvious to every one present, that his Majesty's health was materially affected, yet no symptoms indicated any definitive species of malady. On the King's return to Windsor, malady. On the King's return to Windsor, his disorder assumed a very alarming ap pearance. It was found that it had formed itself into a brain fever, attended with a delirium. The mental derangement having continued to the beginning of November without any intermission, at length became public; and the intelligence diffused general grief and consternation. The Prince of Wales repaired immediately to Windsor, where he was met by the Lord Chancellor, and they, in concert with the Queen, took such measures relative to the domestic affairs of the King, as the necessity of the case required. then absent, stating that their absence was caused by illness, and that they hoped for their lordships' indulgence. The Lord President of the council said, that he could not perceive without much concern that their lordships had again been obliged to assemble, although it was not possible that any speech could, at the present period, come from the throne. This obstacle too naturally arose from the continued infirmity of his Majesty, which still rendered him incapable of meeting his parliament, or attending to any public business whatever. In consequence of the absence and incapacity of the King, the legislature was defective and incomplete, whence all the functions of the executive government of the country were actually suspended. It was impossible for the country to remain in that condition; and, in the maimed and dismembered state of the legislature, it devolved on the two Houses of Parliament to make some provision to supply the deficiency, and such a provision as should be competent to the necessity of the case; but, before the two branches of the legislature took any one step on a subject of so truly delicate and important a nature, the necessity of the case must be proved. With that view, therefore, and with that view only, the Lords of the Council had called the five physicians who attended his Majesty during his illness before the Board, and had severally examined them on oath as to the state of the King's health, and their opinion of the duration of his malady, and the probability of his recovery. This, (although the Lords of the Council had, as it were, lost the spring and motion of most of their consultations and functions) he conceived the Board might legally do, as the precedents of their proceedings under former similar situations of the country sufficiently evinced. It had not been deemed wise or proper, that every question which on a sudden might start into the head of any individual Lord of the Council, should be put to the physicians, and therefore it had been settled what questions should be proposed to them, and by whom, previously to their having been called into the Board Room, and a minute of the whole examination bad been taken down in writing at the time. With the leave of their lordships, he would present a copy of the minute of the questions which had been put to the physicians, and their answers; from which their lordships would know authentically what was the state of his Majesty's health, and the opinion of his physicians as to the probability of his recovery. experience in cómplaints of a similar nature?" To this their general answer was, "That it was from experience, and having observed that the majority of those who were afflicted with the same disease had recovered." Dr. Addington, in his answer to this question, was more decisive than any of his brethren. He said, that he entertained as sanguine hopes of his Majesty's recovery as he would of any other patient who was afflicted with a similar complaint which was not hereditary: that he had a part of his house allotted for the reception of patients labouring under such disorders, with which he was particularly conversant; that he seldom had less than eight or ten under his care, and that he never knew more than two of them who had been confined above a twelvemonth, and those two had been afflicted for seve ral years, and were deemed incurable before he saw them. After the report was read, the Lord President moved, that the same be taken into consideration on Monday, which was agreed to. Dec. 8. The House being met, The Marquis of Stafford [Lord Privy Seal] rose and desired their lordships would permit him, in the absence of the Presi dent of the Council, to call their attention to the proceedings of their last meeting relative to the melancholy situation of his Majesty's health. The report of the examination of the physicians before the Privy Council had been submitted to their investigation, and they were met to determine whether they could rest satisfied with that examination, or whether they would appoint a committee of their own to re-examine them. For his own part, though his mind was perfectly made up on the subject, yet, as he understood doubts had been entertained of the propriety of their lordships receiving the report from the Privy Council, he was willing to take the sense of the House on that question, by moving that a Select Committee should be appointed to ex The question having been put, that the minute be presented, it was ordered. The physicians examined were Dr. Warren, sir George Baker, sir Lucas Pepys, Dr. Reynolds, and Dr. Addington. The first question to each of them respectively was, "Whether his Majesty's indisposition rendered him incapable of meeting his parliament, and of attending to any sort of public business?" To this they answered, "That certainly he was incapa-amine the two physicians who had been ble." The second was, "What is your opinion of the duration of his Majesty's malady, and of the probability of a cure?" To this they answered, "That there was a great probability of his recovery, but that it was impossible to limit the time." The third question was, "Do you give this opinion from the particular symptoms of his Majesty's disorder, or from your called to attend his Majesty since the former examination, and also to reexamine those physicians who had come before the Privy Council, and whose report was then before the House. The Duke of Norfolk said, that he thought the report already made by the physicians concerning the melancholy state of his Majesty's health, which they agreed in pronouncing to be such as to incapacitate him from exercising the duties of his situation, sufficient, as to the mere point of information. It was necessary, however, before their lordships could ground any motion on that report, that it should be authenticated either at the bar, or before a committee of their own number. The Marquis of Stafford trusted, that the House would agree with him in thinking, that the examination ought to be before a committee, rather than at the bar of the House. It was a subject of such delicacy, that too much precaution could not be taken, nor too much decorum observed in their proceedings, lest they should wound not only the feelings of the Royal Family, but, he would add, the feelings of a whole kingdom. power for those duties which his Majesty was at this period unhappily incapable of exercising. Lord Loughborough defended the undoubted right of the House to refuse the report of any proof or examination taken before the privy council. It certainly was no evidence in the House of Peers. He approved of the appointment of a select committee in the present instance, in preference to an examination at the bar, as it was more decorous, and equally agreeable to the usage of Parliament. He could have wished, however, that the investigation had been carried on by the joint co-operation of both Houses, for which he found there was a precedent on the Journals in the year 1671. The Marquis of Stafford assured the learned lord, that he had considered the The Earl of Derby said, that the ut- precedent alluded to, and that it was in most decorum ought undoubtedly to be contemplation to have followed it; but he observed in the investigation of a subject feared that it would have been attended of so much delicacy. He, however, with inconvenience on account of the thought that the House could not receive number of the committee appointed by the report from the privy council in its the Commons, being so much greater than present shape, and that it was absolutely that of the Lords. He then moved, 1. necessary that they should re-examine the "That a select committee be appointed physicians by a committee of their own, to examine the physicians who have atbefore they could proceed to the conside-tended his Majesty during his illness, ration of it. It was the invariable practice of their lordships, even in receiving a Bill from the other House, to call evidence de novo, to their own bar, because they never admitted as proof the examination of witnesses taken elsewhere. In the present case it was the more necessary, as the House ought to know what had been the state of his Majesty's health since the former report was made. Lord Porchester could not admit the idea of their lordships receiving a report from the privy council in any shape. It was the absolute and inherent right of that House to insist upon and to demand such an examination before they could move a single step in the business. With respect to the examination that had already taken place, it had gone much farther than, in his opinion, was necessary. The physicians had unanimously declared, that his Majesty was unfit for exercising any of the functions of the executive government. That circumstance alone was sufficient to enable the other two branches of the legislature to supply that deficiency. It was not necessary to enter at all into the question of the probability of his Majesty's recovery. The present object was to provide an effective and adequate [VOL. XXVII.] touching the state of his Majesty's health, and to report such examination to this House. 2. That the said committee do consist of twenty-one Lords. 3. That each peer do deliver in to the clerk a list of twenty-one Lords, signed with his name, on the next sitting day of the House." Agreed to nem. diss. Dec. 9. The House met to ballot for the said committee. The following is a list of the peers on whom the ballot fell: the Archbishop of Canterbury, the Lord Chancellor, Archbishop of York, Lord President, Lord Privy Seal, dukes of Norfolk, Richmond, Chandos, and Portland, earls of Derby, Salisbury, Fitzwilliam, Chatham, and Carlisle, viscounts Stormont and Weymouth, lords Grantley, Loughborough, Sydney, Osborne, (Marquis of Carmarthen), and Kenyon. Notice was then given, that the physicians attended,, agreeably to their lordships' summons, and, upon motion, they were ordered to be called in, and sworn. Dec. 11. The Report from the Committee appointed to examine the physicians who have attended his Majesty during his illness, touching the state of [2 U] |