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the several parliamentary stages, but no thing could be more clear than that they could not give it the royal assent, because that important act must depend on the will of another, on the will of the learned lord on the woolsack. Before, therefore, they did so absurd a thing as to put themselves into a situation that might possibly only prove their imbecility, and load them with disgrace, they ought to be well assured, that the learned lord would obey the directions of the two Houses, let them be what they might, or go to what extent they would; for, to that degree of obedience, was it necessary for the learned lord to pledge himself, before their lordships consented to the third resolution. He called, therefore, on the learned lord to stand up and give the House satisfaction, in a point of so much importance, before they proceeded any farther. He did not suppose he should receive any answer; but the question was a fair one, and the House had an undoubted right to expect satisfactory reply. He knew the learned lord had too manly a mind to consent to perform an act which he, in his conscience, thought wrong; and, therefore it was the more necessary previously to know his sentiments.

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Viscount Stormont said, that he had felt the necessity of having some answer to the question put to ministers by the noble lord near him, relative to their intended proceeding under the authority of the third resolution, but he was aware of their difficulty; he knew they must answer, "We cannot inform you what step we shall yet take, because our gracious instructors, the House of Commons, have not yet told us what we are next to do." This was one of the various inconveniences resulting from the circumstance of the House of Commons having taken the lead in the whole proceeding, and their lordships having the humble duty of treading over the same ground after them. This circumstance had been said to have been purely accidental, and he hoped it was so. He declared he did not regret the degree of power to which the House of Commons had, of late years, arrived; because he well knew that it was, on that account, the best security for our liberties, the truest bulwark of the constitution! He did regret, however, that their lordships lost so much of their authority, as not to have taken the lead in a proceeding which, of all others, came most properly within their province. A noble lord had

well observed, that the third resolution, after they had voted it, could not be carried into effect by any powers possessed by the two Houses, but must depend on the will of another person. Lord Stormont put the case, that the two Houses should pass a bill for limiting the regency, and when they had done so, should call upon the person holding the Great Seal to annex it to a commission, and give the royal assent to the bill, and that person should stand upon his right, and refuse to forge the Great Seal to such a commission. In that case, would the two Houses force the holder of the Great Seal to obey? would they pass a parliamentary censure upon him, or how would they proceed? It seemed needless to dwell upon the embarrassment which such a circumstance would occasion, or contend that it was by no means improbable to occur. He next took notice of what had fallen from a learned lord on Friday, on the subject of state necessity, declaring that he thought he had heard the learned lord express a doubt, whether state necessity had not been the plea on which ship money had been formerly levied. He referred to lord Clarendon as a person whose authority might safely be relied on, in regard to the whole of that transaction, his lordship having been one of the managers of the impeachment sent up to that House from the House of Commons, against the judge who gave the infamous decision on that question. He stated the particulars, mentioning that the King desired to know, "If he had any right?" When the answer was, "That his Majesty had a right, when the state was in danger, of which he was the sole judge." This was, he maintained, exactly similar with the present proceeding. The third resolution, he confessed, pointed only at one bill, but it nevertheless involved in it all the considerations of executive government, and proceeded on the plea of state necessity to desire to be entrusted with the royal authority to an uncertain extent, limited by nothing but the discretion of ministers themselves. He suggested the difference between physical necessity and state necessity, and argued that the latter should always be governed by the former; in the present instance, there was, he said, a sufficient degree of physical necessity for the two Houses to do something, but not to go the extent assumed in the third resolution on the plan of state necessity. He said, that this was the last time be

should trouble the House on the subject of the resolutions; being perfectly content to leave the argument where it stood, having seen those who had affected to stand up for the royal authority, assassinate that authority, and stab the sovereign power with the King's own hand, in a manner which could reflect no honour on themselves. He was content, the rather from a consciousness of having been left in a minority, the largest in point of number, and the most respectable for the talents of many who had made a part of it, of any minority ever known in the history of parliament.

Lord King denied that ministers had stabbed the royal authority with the King's own hand. It had been said that the present was not a parliament regularly called together; an assertion which he reprobated; the present parliament having been as regularly called together as any that ever sat.

The question was put and agreed to, and a conference desired to acquaint the Commons therewith.

Protest against the Resolutions relative to the King's Illness.] Upon the above occasion, the following Protest was entered on the Journals:

"Dissentient,

1st." Because we adhere to the ancient principle recognized and declared by the Act of the 13th of Charles 2, that no act or ordinance, with the force and virtue of a law, can be made by either or both Houses of Parliament, without the King's assent, a principle standing as a bulwark to the people against the two Houses, as the two Houses are their security against the Crown.

unquestionable rights of the people, so fallaciously represented as being upheld by these resolutions, are violently infringed by an unnecessary assumption on the part of the two Houses of powers beyond those which the nation have assigned them. Invariable practice, in all good times, and positive laws established by complete parliaments, truly and constitutionally representing the nation, have defined these powers. And we cannot but regard with the utmost apprehension any proposal to overstep those boundaries, when the consequence of such usurpation is so fatally marked in the history of our country.

4thly. "Because it was confessed in the debate, that the powers of this commission were not to be confined solely to the act of appointing a regent; to what other purposes they may extend were not explained. State necessity, the avowed ground of the measure, may serve as the pretext to any diminution of the just prerogatives of the Crown, or of the liberties of the people, that best suits the designs of ambition. Fatal experience had shown to our ancestors the boundless mischiefs of powers thus usurped under plausible appearances; and it is particularly the duty of the House of Peers to check the renewal of a practice to assume the name, without the substance, of the royal authority, by which this House was once annihilated, the monarchy overthrown, and the liberties of the people subdued.

5thly. "Because these dangerous and alarming consequences of the measure adopted would have been obviated by the amendment rejected. It proposed to substitute a measure conformable to the prac tice of our ancestors at the glorious æra of the Revolution. They seized not upon 2dly." Because this principle is tacitly public necessity as a convenience for the admitted by the third resolution, while it usurpation of new powers, but proceeded overthrows the practice by a simulate in a plain and explicit form to the revival appearance of the royal assent under a of the royal authority with full efficacy, commission to pass bills, a commission before they entered upon the exercise of which would be inconsistent with the pro- their legislative functions. Pursuing a visions of an Act of 33d Henry 8, requiring similar course, the amendment proposed that every commission shall be signed by the immediate nomination of the natural his Majesty's hand. In our present un-representative of the King, the heir appa-' happy situation, that essential requisite rent of the crown, to whom alone it was being unattainable, we cannot condescend universally admitted the eyes and hearts to give a sanction to a counterfeit repre-of all men, during the present unhappy sentation of the royal signature and we dare not assume a power to dispense with the law which makes that signature essential to the validity of a commission to pass

bills.

3dly. "Because we conceive that the

conjuncture, were turned; that with a perfect and efficient legislature, such future provisions might be enacted, as the preservation of the full and undiminished authority of the Crown and the liberties of the people may require. (Signed)

Frederick, Henry, Northumberland, Suffolk and Berks, Maynard, Rawdon, Audley, Clifton, Chedworth, Wentw. Fitzwilliam, Walpole, Derby, Scarborough, Portchester, Southampton, Hertford, Plymouth, Ponsonby, Spencer, Norfolk, E. M., Breadalbane, Malmesbury, Rodney, Selkirk, Portland, Hereford, Cholmondeley, Foley, Boyle, Lovel and Holland, Abergavenny, Teynham, Hampden, Bedford, Cadogan, Carlisle, Cassillis, Cardiff, Hay, Kinnaird, Loughborough, Pelham, Devonshire, Chr. Bristol, Craven, Huntingdon, Lothian, Townshend."

Death of Mr. Speaker Cornwall-Mr. W. W. Grenville chosen Speaker.] Dec. 30. The clerk at the table acquainted the House, that the Speaker was indisposed with a cold and fever, which confined him to his chamber; and that he had directed him to express to the House his concern, that he was prevented from attending their service this day, but that he hoped in a day or two to be able to return to his duty. Whereupon it was moved, that the House should adjourn to the 1st of January. And thereupon the Clerk (to whom those who spoke addressed themselves, according to former practice in the absence of the Speaker) by direction of the House, put the question, which was agreed to.

January 2, 1789. The Clerk at the table acquainted the House, that he was extremely sorry to inform them, that Mr. Speaker died that morning. After which, and before any member spoke, the mace was brought into the House by the serjeant, and laid under the table. Mr. Rose said, that under the very unhappy embarrassment in which they were placed by this lamentable event, he did not know what better expedient to propose than an adjournment until Monday. On this there was a general cry of "adjourn, adjourn." Mr. Vyner said, he did not mean to dispute the motion; but as a doubt was entertained, whether the clerk at the table could adjourn the House more than from day to day, and as he understood there were two or three precedents on the Journals, he wished, for the satisfaction of gentlemen, that one or two of them might be read. The clerk then read from the Journals, a precedent of

the 15th of December 1789, where he was directed by Mr. Speaker to acquaint the members, that having heard of the death of a near relation, he requested, if it could be done consistently with the public business, that they would adjourn for a few days. This happened on the Monday, and they adjourned to the Wednesday following. This precedent being satisfactory to the House, the clerk put the question of adjournment till Monday the 5th, which was agreed to.

Jan. 5. Mr. Hatsell, the clerk, having called for the mace, which was brought in by the Serjeant, and placed under the table,

The Earl of Euston rose, and premising that the unfortunate event of the death of their late worthy Speaker was too well known to require his dwelling upon the circumstance, added that he must beg leave to remind the House, that the occasion called for the election of a fit and proper person to fill the vacant chair. The right hon. gentleman, whom he should take the liberty of proposing, was a man of such splendid abilities, experienced assiduity, and perfect knowledge of parliamentary privilege, resulting from the closest attention to business, ever since he had enjoyed a seat within the House, as pointed him out to be the proper successor of the late Speaker. Mr. Grenville was the gentleman whom he meant to recommend, and when the House considered his excellent understanding, and unremitting industry, he trusted that their minds would go with his in thinking, that these qualifications rendered Mr. Grenville an object worthy of their choice. Much, he said, might be urged on the score of the right hon. gentleman's pri vate character; that stamp of merit, added to his parliamentary knowledge, and strength of mind, and of constitution, rendered him in every point of view so unexceptionable, that it was unnecessary for him to take up more of the time of the House. He would therefore conclude with moving "that the right hon. William Wyndham Grenville do take the chair of this House as Speaker.”

Mr. William Pulteney seconded the motion. He observed, that the whole House had witnessed with pleasure the right hon. gentleman's great attention, extreme accuracy, and clearness of reasoning. The right hon. gentleman had ever conducted himself with that mode

days, and therefore his partiality and predilection were pardonable. But, it rested not on his private opinion, they had all been witnesses of the hon. baronet's zeal for the constitution, they had all been witnesses of his powerful eloquence, and superior ability; yet, as the hon. baronet possessed the usual companion of great merit, great modesty, in compassion to his feelings he would forbear to say more, and conclude with moving, by way of amendment, That sir Gilbert Elliot's name be inserted in the question.

Mr. Frederick Montagu declared, that he entertained every respect for the right hon. gentleman named on the other side of the House, in common with the noble lord who had proposed him, and the hon. gentleman who had seconded him; he must, however, be allowed to second the motion made by the right hon. gentleman near him. They all knew how necessary a knowledge of legal forms were, and must admit, that the hon. baronet just named, possessed that thorough acquaintance with the laws of his country, which, had he continued in the courts below, could not have failed to have rendered him one of the chief ornaments of his profession. Fortunately for that House, the hon. baronet had brought that acuteness of mind which he so eminently possessed, among them, where it could not fail to be exercised to the advantage of the public, and to his own credit. He could expatiate much more at large on the qualifications of the hon baronet, but when he consi dered, that what must contribute to their satisfaction, would give pain to the hon. baronet, he would restrain his inclination, and only second the motion of his right hon. friend.

ration and candour, which pointed him out as a fit successor to their late Speaker. The right hon. gentleman possessed an hereditary claim to the favour of the House, as the guardian of its privileges, which he had fortified and established by his judicious alteration of his father's bill, a bill that, in his opinion, had gone farther towards securing the first and the most invaluable privileges of that House, than any measure that had ever taken place in parliament. He mentioned the customary usage of a previous application from the Crown, when the chair became vacant, but as under the melancholy circumstances of the times, no such form could take place, and as it was absolutely necessary that the chair should be filled in order to enable the House to proceed with the very delicate business before them, which demanded dispatch, the choice of a Speaker immediately was so indispensably requisite, that he supposed no doubt could remain on that question. Mr. Welbore Ellis expressed his concern to find, that the loss of a regular opening of the session, and of the executive government, had been aggravated by the unfortunate loss of their Speaker. It was a maxim laid down by some authors of eminence," that any government was better than no government at all;" but although he had formerly embraced that opinion, he must now oppose it, because the maxim had grown into such a degree of prevalence, that instead of taking the short and ready path of restoring the third estate, and giving the constitution its due energy and vigour, much time had been lost in parliamentary fancy. It was true, that under the present circumstances, the usual forms of an election of a Speaker could not be observed; and therefore the House was justified in proceeding to an immediate choice. For his own part, he should not hesitate to pay every tribute of applause to the right hon. gentleman who had been proposed, and he should, in the fullest manner admit, that he was a fair object of their choice, were it not that he had intended to recommend an hon. baronet near him, to whose abilities and eloquence the whole House could bear testimony. He meant no disrespect, therefore to the right hon. gentleman, when he presumed to mention sir Gilbert Elliot as a fit person to fill the vacant chair. He had enjoyed the pleasure of a very early acquaintance with the hon. baronet, and knew him from his boyish

Mr. Grenville declared, that whatever might be the decision of the House, he should always consider it as an honour, to have been thought fit to fill the chair of that House, by persons of such high character, as the noble lord and the hon. gentleman, who had stood forward in his support. He felt the great importance of the situation to which he had been proposed, and was so conscious of the increase of that importance, in consequence of the very delicate and momentous business in which the House was engaged, that he trembled for his inexperience, and his inability to discharge the duties of the office. These considerations, he trusted, would induce the House to turn their eyes to the hon. baronet over the way, or to

some gentleman more worthy to fill the t chair, and more capable of sustaining the burthen of official duty, than himself.

Further Proceedings in the House of Commons on the King's Illness.] Jan 6. On the motion that the order of the day be now read,

Mr. Loveden rose, and begged leave to remind the House that he had ever declared his sentiments, such as they were, with truth and sincerity, without a wish to court the countenance of party, or to solicit the favour of power; that in that House, he considered himself as a free agent, and was determined to continue so, his maxim being, "Nullius addictus jurare in verba magistri." He was neither biassed by affection for one set of men, nor misled by prejudices against another, and acted upon what he considered to be a better principle, and a more becoming motive, than either self-interest or ambition, an honest zeal for the promotion of the public welfare. Before the House proceeded to settle the terms of the re

Sir Gilbert Elliot could not avoid expressing his sincerest gratitude and respect for the persons who had done him the honour to name him, and for whom he was proud to confess his veneration and regard, even if they had not shown that fresh instance of their partiality and kindness. The right hon. gentleman over the way could not feel more deeply than he did, the importance of the office, to which his friends had proposed that he should be elevated. He well knew that it was the duty of the person who should fill the chair, not merely to preserve decency and decorum; not merely to look to the order of their proceedings, but to assert the privileges of the House, both there and elsewhere; because those privileges were essential to the existence of parliament, and intimately connected with the liber-gency, he conceived that they ought to ties and happiness of those whom they represented. He felt his own inadequacy too sensibly, when he considered the high and important duties of the office. Surrounded as he was by men of great legal knowledge and experience, he could not think of taking that chair, to which he so well knew his own inadequacy to do justice.

know exactly what the exigency of the case really was, the providing for which had become the object of their deliberations. No limitations of any kind could be suitably adopted, without having a reference to the cause which created the necessity for their introduction; and therefore, before they went a step farther, in his humble judgment, they ought to know precisely what was the present state of his Majesty's health, what the degree of alteration which it had undergone, since his

The question being put on lord Euston's motion, the House divided. The tellers were appointed by the clerk, viz.: Yeas, Mr. Robert Smith, 215; Noes, lord Mait-physicians were last examined, and whether land, 144.

So it was resolved in the affirmative. Whereupon Mr. Grenville was conducted to the chair by the earl of Euston, and Mr. Pulteney; where standing on the upper step of the chair, he again addressed himself to the House, submitting himself to their commands, hoping for their indulgence to pardon all his defects; and expressing himself truly sensible of the high honour the House had been pleased to confer upon him. And then he sat down in the chair; and the mace, which before lay under the table, was laid, by the serjeant, upon the table.

Mr. Pitt then gave notice, that he would to-morrow open to the House the Restrictions which he should propose as necessary to be annexed to the Regency.*

During the interval of the Speaker's illness, Mr. Pitt communicated to the Prince of Wales the plan he had formed for the constitution of a Regency. This Letter, together $

the probability of his recovery was increased, or lessened, in their opinion. Reports had gone abroad of a very contradictory kind, and the authority of the different physicians who attended his Majesty, had been made use of to give sanction to those reports. He had that day seen a letter from one of the physicians in question, in which the writer fully contradicted the report, in which his name had been made use of. Rumours were also circulated, that the opinions of the physicians were not faithfully communicated to the public. That the House might not act upon rumour, he thought it highly necessary, that the foundation of the reports respecting his Majesty's indisposition should be ascertained, and that the House should have the whole truth

with the observations of his Royal Highness thereupon, are as follow:

COPY of Mr. Pitt's LETTER to his royal highness the Prince of Wales, left at

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