CHAPTER VII.

Lord Sandwich appointed to the Admiralty.—Haughty Tone assumed towards Spain.—Death of the Duke of Bedford.—Its Effect on Parties.—Law Preferments.—Declaration of Spain respecting the Falkland Islands.—Panegyric of Choiseul by Lord Chatham.—He moves that the Spanish Declaration be referred to the Judges.—Quarrel between Wilkes and Maclean.—Motion in the Lords to remit Pressing.—Artful Speech of Lord Chatham.—Close Struggle on the Nullum Tempus Bill.—Discussions on the Spanish Declaration in both Houses.—Explanation of Lord Weymouth.—Wilkes lays a plan for drawing the House of Commons into a Contest with the City.—His Success.—The Queen of Denmark throws herself into the French Faction.—Bill to allow the East India Company to keep a Regiment of Foot in England.—Meeting and Prorogation of the Irish Parliament.—Motion to ascertain the Duty of Juries.—Appeal of the Earl of Pomfret.—Resistance to the Commitment of Printers in the House of Commons and in the City.—Discussion on Privilege.—The Lord Mayor appears at the Bar.—Revelation respecting Barré’s Attack on Mr. Pitt.—Protracted Conflict with the City.—Spain becomes impatient for the Restitution of the Falkland Isles.—Character of Dr. Johnson.—Famine in Bengal.

1771.

The deplorable state of the navy, set forth in the most melancholy colours by the Opposition,had raised so much discontent, that on the 9th of January, Sir Edward Hawke, almost fallen into a state of imbecility, found it necessary to resign his command of the Admiralty, which was immediately conferred on Lord Sandwich, lately appointed Secretary of State, in the room of Lord Weymouth. The Admiralty, in which he had formerly presided with credit, was the favourite object of Lord Sandwich’s ambition; and his passion for maritime affairs, his activity, industry, and flowing complaisance, endeared him to the profession, re-established the marine, and effaced great part of his unpopularity. No man in the Administration was so much master of business, so quick or so shrewd, and no man had so many public enemies who had so few private; for though void of principles, he was void of rancour, and bore with equal good humour the freedom with which his friends attacked him, and the satire of his opponents.147

Before he quitted the Seals, a secret came out, to which his acceptance of them gave occasion. Not choosing to be dipped in the Spanish business, he had taken the northern province, exchanging it for the southern with Lord Rochford. The Spanish Ambassador waited on the latter, to open with him on the state of the negotiation. But how was the Prince astonished when the Earl informed him, that orders had been sent to Mr. Harris, our resident in Spain, to leave Madrid immediately, if our last-sent proposals should not be accepted! Directions were given to him at the same time, to order our ships directly out of the Spanish ports; and no modification was allowed to Harris, but to take leave. The Prince of Masserano exclaimed bitterly on this mysterious and hostile step; said, he had been constant in writing home accounts of the pacific disposition of our Court, and now, when he expected a favourable answer from Madrid, he learned what amounted to a declaration of war! For himself, no man had ever been used so ill: but, on his own treatment he would not descant; the insult to his Court was soflagrant, that he declared, when the answer should arrive, he would not deliver it, till he should know how his master felt the recall of Harris. In this just resentment he quitted Lord Rochford abruptly. Francés, who was still here, and had not yet heard of Choiseul’s disgrace, complained to Lord Rochford of the indignity put on the Crown and Ambassador of Spain, which the Earl endeavoured to soften and explain away; but neither he nor Lord Sandwich could defend the measure. The fact was, Lord North had been seized with a panic on Lord Weymouth’s resignation, who, he concluded, would vaunt of having advised war; he had figured to himself Lord Chatham, armed with national vengeance, and the Opposition bellowing against his pacific inclinations. Instead of striking the peace before any obstructions could be given to it, he had obtained from the Cabinet Council, four days after Lord Weymouth’s retreat, the absurd direction to Harris to leave Madrid,—a rash act, dictated by fear, and from which nothing but Choiseul’s fall could have extricated him. But fortune smiled on him, and dissipated and disconnected all his enemies. At this very time the Bedford faction lost their head. The Duke died on the 14th, after having lived in a paralytic state above a year.148He left the care of hissuccessor, aged but five years, and the management of his estate, to the Duchess, with whom were joined his daughter, the Duchess of Marlborough, and Mr. Palmer, his agent. To Rigby, his favourite, he bequeathed 5000l.Lord Gower was not mentioned in the will, probably from the hatred borne by the Duchess to her sister-in-law, Lady Gower, an intriguing, interested Scotch woman, as eager as her husband to see him Prime Minister. But the union of the party was much loosened by the Duke’s death; nor did Lord North neglect to strengthen himself against their Cabals. He offeredthe Seals of Secretary of State to the Earl of Suffolk, a young man of thirty-two, totally unpractised in business, pompous, ignorant, and of no parts, but affecting to be the head of Grenville’s late party. The young Earl answered with modesty, that as he could not speak French, he was incapable of treating with foreign ministers, nor was he conversant in business; he wished for some high office, but not that of Secretary; and recommended a few of Grenville’s friends to preferment. He was appointed Lord Privy Seal in the room of Lord Halifax, Lord North’s uncle, to whom the Seals weregiven, though still worse qualified—for he knew nothing, was too old to learn, and too sottish and too proud to suspect what he wanted.

But they were the great employments of the law which occasioned most remarks. Judge Bathurst,149one of the three Keepers of the Great Seal, for which he had scarce been thought worthy, was made Lord Chancellor, and created Lord Apsley, on whose ignorance the profession punned, calling him LordAbsque. De Grey succeeded Lord Chief Justice Wilmot (who retired) in the Common Pleas; Thurlow was appointed Attorney, and that abandoned man Wedderburne,150Solicitor-General. The last had certainly no superior in the House of Commons for eloquence, readiness, argument, or satire; nor in Westminster Hall for want of principles. His politics, like his pleading, were at the service of whoever offered him most.151

It was remarkable that the Earl of Guilford and Lord Bathurst, fathers of the Prime Minister and Lord Chancellor, were both living at this time.

Incensed as the Prince of Masserano had been at the secret recall of Harris, Choiseul’s fall, and the pacific disposition of the new French Ministers, convinced him that his King had no assistance to expect from France. His King, probably, from the same reasoning, had relaxed some of his pretensions, and sent powers to his Ambassador to terminate his differences with us, before he was apprised ofthe orders given to Harris. The King of France in the meantime prevailed on Masserano to communicate those powers to our Ministers, engaging his royal word to bear him harmless in case his master should be offended with the recall, and with his own Ambassador’s precipitation. Lord North, reassured by Choiseul’s fall, and by the pacific sentiments of France, of which the Duc d’Aiguillon had informed Lord Harcourt, accepted the modification proposed by Spain; and on January the 22nd, when the Parliament reassembled after the recess, Lord Rochford and Lord North notified to the two Houses, that the Spanish Ambassador had that morning signed a declaration relative to the expedition against the Falkland Islands, which his Majesty had been graciously pleased to accept, and which should be laid before them on the Friday following. Mr. E. Burke moved for a call of the House on that day fortnight, to consider the declaration and acceptance. The delivery of the declaration was fortunate for peace, for two days after arrived a positive order to the Spanish Ambassador to quit this country without delay or excuse,—so offended was the Court of Spain at the recall of Harris; but the accommodation was signed, and the Prince remained here.152Nor had the threat of war beenunfavourable to us; it had brought to light, and consequently to correction, the nakedness of our situation; and it had shown Spain and France how soon we could prepare a force sufficient for our defence,—at least, against any they were then able to bring against us. On the pacification, Lord Grantham, Vice-Chamberlain to the King, was named Ambassador to Spain.153

The declaration of Spain imported, that his Britannic Majesty having complained of the violence committed on June the 10th, 1770, at the island commonly called the Great Malouine, and bythe English Falkland’s Island, in obliging by force the commander and subjects of his Britannic Majesty to evacuate the port by them called Egmont, a step offensive to the honour of his Crown, the Prince of Masserano, Ambassador Extraordinary of his Catholic Majesty, had received orders to declare, that his Catholic Majesty,considering the desire with which he is animated for peace,&c., had seen with displeasure this expedition, tending to disturb it; and being persuaded of the reciprocity of sentiments of his Britannic Majesty, &c., his Catholic Majesty did disavow the said violent enterprise, and, in consequence, the Prince de Masserano declared that his Catholic Majesty engaged to give immediate orders that things should be restored in the Great Malouine, at the port called Egmont, to the state in which they were before the 10th of June, 1770; for which purpose his Catholic Majesty would give orders to one of his officers to deliver up to the officer authorised by his Britannic Majesty the port and fort called Egmont, with all the artillery, stores, and effects of his Britannic Majesty and his subjects, agreeable to the inventory that had been made of them. The Prince of Masserano declared at the same time, in the name of the King his master, that the engagement of his said Catholic Majesty to restore to his Britannic Majesty the possession of the port and fort called Egmont, couldnot nor ought in anywise to affect the question of the prior right of sovereignty of the Malouine Islands.

This declaration was, as I have said, accepted, but no notice taken on our side of the protest of prior right. The act was, in truth, as appears on the face of it, a mere temporary expedient to prevent present rupture; Spain relinquishing no claim, nor expressing a surrender of anything more than Port Egmont—which we accepted with the air of a sacrifice to which we had very slender pretensions. Indeed, the worse the grace was with which we seemed to accept the concession of Spain, the greater in reality was our triumph; for though the Opposition affected to decry our acquiescence, the humiliation certainly fell on the King of Spain, who yielded a flower of his crown, to which we pretended no right but that of convenience and very recent occupation; and which very convenience had no meaning but that of an opportunity to annoy Spain thereafter.

When the declaration was laid before the two Houses on the 25th, Lord Chatham said he would not discuss it then—it would take too many days. It was only a compromise, only a war prorogued; France not being ready to declare, had compelled Spain to recede for the present. On the Duc de Choiseul he made a strained panegyric, pronouncinghim the greatest Minister that had appeared in France since Cardinal Richelieu—that he was regretted by all ranks of people in that country, and would (he would venture to prophecy) be recalled! As the portrait seemed to be intended for a resemblance of himself, there was no doubt but he hoped the prophecy, too, would be applicable to both. The Duke of Richmond moved for all transactions with Spain relating to the Falkland Islands, which Lord Rochford promised should be brought; but Lord Sandwich moved to restrict the question to such papers only, not extending to any other matter, which occasioned jealousy and debate. The Duke then asked for all correspondence with France relating to the same subject. Lord Rochford said, not a word had passed through our Ambassador (for all had been verbal, and negotiated with Francés).

In the other House, Burke and Barré declaimed against the pacification. They asked only for the Spanish papers, which were granted. Some days after, Mr. Seymour asked if any part of the negotiation with Spain had passed through the Court of France, and asked to see that correspondence, which was refused by 173 to 57. Lord Chatham moved the same day in the other House, that the Judges should be ordered to attend on the morrow.

When the House met the next day, Lord Chathamdesired the two following questions might be put to theJudges:—

1. Whether, in consideration of law, the Imperial Crown of this Realm can hold any territories or possessions thereunto belonging, otherwise than in sovereignty?

2. Whether the declaration or instrument for restitution of the port or fort called Egmont, to be made by the Catholic King to his Majestyunder a reservation of a disputed right of sovereignty expressed in the very declaration or instrument stipulating such restitution, can be accepted or carried into execution, without derogating from the maxim of law before referred to,touching the inherent and essential dignityofthe Crown of Great Britain.

Lord Mansfield said, it was needless to refer these interrogatories to the Judges, since the queries answered themselves—meaning, the reply to both must be negative; but it required more chicane to give that negative, and at the same time to argue that the questions did not fairly flow from the premises. A vote of 69 to 22, refusing to refer the queries to the Judges, supplied what was wanting in argument.

On the 8th, the Duke of Bolton moved to see the instructions that had been given to Captain Hunt when he was sent to the Falkland Islands; but that demand was likewise rejected by 50 odd to 22.Those instructions had been so hostile, that Lord Chatham owned he had hoped, if a Parliamentary inspection of them could have been obtained, and consequently publicity, that they would have provoked Spain to break the new convention. On this and the former debate Lord Chatham spoke with infinite wit and much temper, and said, smiling at the youth of Lord North and Lord Suffolk, that old England was grown very old and decayed indeed under so many young men!

This pacification cut up by the roots Lord Chatham’s hopes, which had revived on the prospect of war; but though the nation might have called for the vigour of his spirited councils had war been declared, nobody was desirous of making war only to make him necessary,—especially when we had obtained reparation of an insult to which we had given the provocation. Wilkes did not wish Lord Chatham’s exaltation, by whom he had ever been discountenanced personally; and the Earl’s connection with Lord Shelburne set him at still greater distance from Wilkes, who, in truth, could but ill maintain his ground at all, and had no support but from the Common Council and the very mob. He had, indeed, lately obtained an approbation of his conduct from a majority of the Bill of Rights, but composed of the least substantial members. Macleane, one of his most noisy abettors in the Houseof Commons, and who had lent him money, had been bought off by the Court; on which Wilkes abused him in the newspapers. Macleane obliged the printer to discover the author, on which Macleane challenged Wilkes, and he making no reply, Macleane printed his challenge. Wilkes disavowed the libels, and affirmed that he had declared as much to a relation of Macleane, who had brought him the latter’s defiance, which Wilkes waived as not being the author of the abuse. Nor did the public think well enough of Macleane to interest themselves in his quarrel. Courage Wilkes thought he had displayed sufficiently; and blemishes in his private character, though set forth in the most odious colours by his adversaries, he had found could not wean the affections of the people. Yet his confidence in that particular proved soon afterwards more detrimental to his credit than all his former errors. Nor did he take any pains to disguise what he thought of his cause and his partisans; but with an ebriety of indiscretion he would joke on his own situation and adherents, even with men averse to his faction, the Scotch excepted, whom he never spared.

Nor was his cause grown obsolete. New events sprung out of it continually. To excite reflections on Wedderburne, who had drawn up the Yorkshire remonstrance, and was now Solicitor-General, Sir George Saville moved for leave to bring in a bill,ascertaining that expulsion did not create incapacity. He said he did not well know how to make a complaint, where the House was both the criminal and the judge, and when he himself was a party. Wedderburne and Grenville’s friends evaded the attack by voting for the motion, to prove their consistence,—a step men in their situation never take but when they have been inconsistent.154The motion was rejected by 167 to 103. The largeness of the minority was owing to these temporary evasions, and to the call of the House.

As the storm was blown over, the Duke of Richmond moved the Lords to address the King to remit pressing, unless the necessity still remained. Lord Chatham made an artful speech on the state of Europe, hoping to draw from the Ministers some unguarded expressions. Lord Halifax opposed the motion; but Lord Hillsborough fell into the snare, and with great encomiums on Lord Chatham, confessed he had long thought us in danger, and too weak; feared the peace would not last, and declared he had often pressed the other Ministers to increaseour force. Lord Craven155asked him, Why then had he opposed a motion for that purpose but last March? Lord Chatham said, he now saw the motion was improper, for the Ministers owned the peace would not last; and he begged the Duke of Richmond to withdraw his motion. Lord Gower, thinking that assurance was the only remedy for indiscretion, denied point-blank that Lord Hillsborough had confessed any weakness or apprehensions; and Lord Suffolk, maintaining that the House was in possession of the question, and that it could not be withdrawn without leave, the Court Lords would have forced a division, but the Opposition would not vote.

The same day (Feb. 11), Sir William Meredith, to favour the Duke of Portland, moved for a bill to take a clause from the bill of Nullum Tempus, which would assist the Duke’s pursuit of his cause; but the taking away of which was thought would be a singular hardship on Sir James Lowther. Lord North had prevailed on Sir James to give up the most exceptionable parts of that clause; yet the latter was so obnoxious, that after a long debate, leave was given by 152 to 123 for the bill to bebrought in.156The Court party were furious against the injustice, and seemed glad to be oppressed once, as if one instance of partiality in their enemies would wipe out all their own arbitrary attempts and violences. They made all possible interest to defend the clause; and Charles Fox, the phenomenon of the age, undertook the patronage of it, and gave as much satisfaction to the party as disgust to the Opposition by the great talents he exerted on the occasion: yet acrimony and Dunning’s abilities prevailed that day (20th), and the bill was committed by a majority of 15. Still the weight of Lord Bute’s son-in-law effected what eloquence could not; in seven days the tide turned, and the bill was thrown out, by 164 to 154—a fair struggle of partiality on each side.

On the 13th, the Spanish declaration was discussed in the House of Commons. Lord Beauchamp and Lord Palmerston moved the address of thanks to the King. It was soberly worded, and only thanked for the communication and acceptance of peace. Lord North had softened the expressions much more than those in the address of the other House. This temperance prevented Dowdeswell from making a string of motions, which he had brought ready drawn; yet he harangued long. Forester, though attached to Lord Gower, surprised the House by pronouncing the address premature, as the ratification of Spain was not arrived. The debate lasted till past three in the morning, though unanimated. Barré was lively, Burke ill-heard, and Dunning tedious. Colonel Burgoyne made a fine set speech against the peace; and Lord Irnham, father of Colonel Lutterell, all zealous courtiers, voted against the address, but it passed easily.

The Duke of Newcastle157moved the address the next day in the Lords. Lord Camden opposed it, and was answered by Lord Mansfield. Lord Chatham spoke for two hours, but languidly and ill; Lord Shelburne better than he had ever done.But it was Lord Weymouth on whom all expectation hung: he expressed himself with much obscurity and mystery. He was understood to mean, that the Lords in Opposition had vainly tried to distinguish between whathehad demanded, and what was now obtained; but that there was no material difference. He said he had, throughout the negotiation, told the Spanish Ambassador that he would not hear any talk on the right. When he resigned, he had looked on the treaty as broken off. His reasons for resigning had been of a different nature, and were such as he would not declare there. The Duke of Richmond, stating what he thought Lord Weymouth had said, in order, if possible, to dive into his meaning, the latter desired to repeat his own words, which, he said, had only been that he would defend his own part of the negotiation; that he had not said the present treaty did or did not agree with whathehad demanded—thatmight be seen by his letters; that he would not hearthe rightmentionedbeforethe Declaration; and that he could not help voting for the treaty as it now stood. That his resignation had been dictated by other political reasons, on which he had differed with his brother Ministers. All this verbal shuffling spoke nothing but treachery, irresolution, disappointment, or discovery of the mistake he had made. Wood did not scruple to confess to his friends that hehimself had made a gross mistake, and repented it heartily; which could not but imply that he had drawn Lord Weymouth into the same error. The death of the Duke of Bedford had also lowered their importance; Lord Gower had been sweetened by the boon of the Duke’s Garter, and none of the faction were willing to sacrifice themselves to Wood’s blunder. Thus Weymouth was reduced to resort to the clemency of the Court, and to the occasion it might have for his narrow abilities hereafter. The address was carried by a proportion of 90 to 30; and by more, when the Duke of Richmond called for the proxies,—an usage, he said, he did not like, but had been desired to practise by Lord Rockingham, who was at Bath, and wished to give his negative to the peace. Lord Temple was not there, nor Lord Lyttelton, whose son-in-law Anglesey’s cause was pending, and made him fear to offend.158Lord Hardwicke voted for the pacification, and continued on that side, though he had treated his brother, the momentary Chancellor, so inhumanly for accepting the Seals but the last year. A protest of vast length was drawn up, and signed by sixteen peers. Lord Radnor signed a short one by himself.

The danger of war was no sooner blown over,than the Ministers precipitated themselves, though not unwarned, into a new difficulty, which, had it been conducted by the Opposition with the same address with which it had been planned, might have produced very serious consequences. The scheme was laid by Wilkes, who had far more enterprising invention than judgment, and was a better leader of hussars than a general. Assured of the juries in the City of London, he pushed on the printers to hazard all lengths, both in abuse and in publishing the debates with the names of the several speakers,—a liberty always deemed by Parliament a breach of privilege. But he did not solely depend on the perseverance of the London juries in acquitting libellers. The City pretended to exemption from the jurisdiction of the House of Commons, founding their claim on the restitution of their Charter by King William, which had been taken away by Charles the Second, though King William did no more than restore their ancient rights; but they arrogated their immunity from grants of ancient Kings. Secure of the attachment of Crosby, the Lord Mayor, Wilkes hoped the House of Commons would embroil themselves with the City, where he knew their authority would be resisted. Hints of this plot had been conveyed to Lord North many months before, and yet he had not the caution to avoid it. The two George Onslows, the elder veryindiscreet, the younger very intemperate, were, from being the friends and champions of Wilkes, become his inveterate foes; and between wantonness and design, he daily inflamed their anger. A complaint being made to the House of the licentious freedom practised of printing debates, Colonel Onslow seized the opportunity of venting his rage against a saucy paper in which he had been most scurrilously treated. The printers of the debates were ordered to attend, though not without opposition and a division made by the Aldermen Townshend and Oliver. To this order no obedience was paid by the offenders; on which, the elder Onslow moved, February the 19th, that they should be questioned for contempt; but Lord North, who generally leaned towards moderation, desired that they might have allowance not to appear till the next day, which was agreed to; but as they continued to abscond, the House voted that if the summons were delivered at their own houses, it should be regarded as if they had been delivered to the printers in person. The House also addressed the King to order them to be taken into custody; and their contumacy not ceasing, it was carried on the 25th by a majority of 160 to 17, that they should be taken into custody.159This was whatWilkes had aimed at, and the consequences will appear presently.

About this time happened a considerable change in the Court of Denmark. The King, a weak and capricious little mortal, had early conceived a marked aversion for his Queen, the youngest sister of England, and had disgraced their cousin, the Prince of Hesse, for espousing her cause; as did his grandmother, the first Queen Dowager. Bernsdorffe, his Prime Minister, was devoted to the Court of Russia, and during the King’s absence in England and France, the Russian Minister had treated the Queen with great want of respect. As she was of a dauntless spirit, she took upon her to order him to quit Denmark; and on the King’s return, feeling his incapacity and her own courage, she assumed such an ascendant over him, that shenot only got rid of his favourite, young Count Holke, but, aided by the King’s physician, who was thought to be equally dear to both their Majesties, she dismissed Bernsdorffe and all the old Ministry, flung herself into the French faction, and transferred the whole power of the government to the beloved physician, Struensee. These despotic acts were accompanied by many extravagances, and more scandal. She reviewed the troops in a masculine habit, and when she went to meet her mother, the Princess of Wales, was dressed in regimentals with breeches of buckskin, though of enormous corpulency. The Princess lamenting to her the fall of Bernsdorffe, the ancient servant of the family, the Queen of Denmark said, “Pray, madam, allow me to govern my own kingdom as I please!” Such early haughtiness was no omen of a tranquil reign.

On the 4th of March a bill was moved for in the House of Commons by Sir George Colebrooke,160toallow the East India Company to maintain here a regiment of two thousand men, for supplying recruits to the defence of their settlements. It was to be composed of foreign Protestants. The matter was debated without partiality, the Ministry affecting to take no part in it, and Lord North not attending the discussion. Yet, if he stood neuter, the Scotch faction at Court were far from indifferent to the scheme. Sir Gilbert Elliot,161in a fine studied oration, supported it with all his abilities; Dyson laboured it, and it was carried to commit the bill. One Stewart, a Scot, was destined for colonel; andI myself heard the Duke of Argyle and Lord Frederic Campbell exulting on the success, and congratulating one anotherthat the King would at least have another regiment at his command,—a point of view which numbers of our northern brethren kept ever in their eye.

The Court was not less triumphant in Ireland, where the Parliament had at last been suffered to meet. Lord Townshend during its long vacation, had employed such effectual corruption, that when the Opposition injudiciously contested an usual address to the King to thank him for their Lord-Lieutenant (the more likely to pass as no money was asked), the Court had a majority of twenty-five votes. Next morning, a body of weavers rose and assaulted the complaisant peers,162on which the Lords would not report the address, but sent to the Lord-Lieutenant to demand guards, that their members might attend and vote in safety. The like address having passed the Commons, Mr. Ponsonby, their Speaker, resigned the chair, rather than carry it to the other House. This step was imputed to a panic he was believed to have felt, from an idea that Lord Townshend had got evidence of his having instigated the tumult, though he himself ascribed it to the Viceroy’s having reflectedon the House of Commons the last year. Lord Townshend not having interest enough to name a Speaker to his mind, was forced to prefer Perry to a more obnoxious man, though Perry was a very able man, not well-disposed to the Court, but thoroughly attached to the interests of Ireland. These clouds obliged the Lord-Lieutenant,—though he had declared the Parliament was called to carry on private business, not for the purpose of giving money,—to determine that it should rise in a fortnight. As the King of France was more despotic, he at this time annihilated the Parliament of Paris, and established six superior councils in its room.

Dowdeswell, on the 7th, moved for a bill to ascertain the duty of juries, but Dunning and others of his own party opposed it, apprehending danger from meddling with that great palladium of liberty; so that, except General Conway, who out of candour said a few words, not a man in the Administration spoke, and the motion was rejected by 160 to 40.

On the 12th of March six more printers were denounced to the House of Commons for printing their debates; and two more were committed to the Black Rod by the peers, for reflections on the Lords of the Bedchamber, by whose votes Lord Pomfret had carried a cause on an appeal. It was for a considerable estate which had been givenagainst him in Yorkshire by a jury of the most unbiassed and reputable gentlemen of the county, who had transported themselves to the spot, and examined all circumstances with scrupulous exactness. The Earl, who was in truth little better than a lunatic, had treated their decision with the utmost indecency and violence, and trusting to his favour with the King, for whom he was a kind of Don Quixote, had brought an appeal to the House of Lords. That judicature was of signal reputation in cases of property, though almost always led by the two or three law Lords of their own body: yet in Lord Pomfret’s case, though the Ministers said not a word, and though Lord Camden spoke against him, the cause was given for the Earl by the notorious partiality of the Court Lords. The badness of the cause was so flagrant, that Dunning, who pleaded for Lord Pomfret, having persuaded the Duke of Manchester, a peer in Opposition, and one or two more, to decree for the Earl, confessed he was shocked at having convinced them.163TheEarl himself treated the lawyers with great virulence; and as if his intellects recommended him, or the hardship of his case called for still farther protection, the King, during the litigation, made him a Privy Councillor. The Lords committed Woodfall, the printer, to Newgate, and fined him 100l.

The House of Commons was more refractory, and sat till five in the morning on the commitment of the printers, the Opposition battling on every individual, and moving after every question to adjourn; so that, after three and twenty divisions, they wearied out the patience of the Ministers, who at last yielded to order the printers to attend on the 14th. This perseverance was the work of CharlesTurner164of Yorkshire, the two Burkes, the Aldermen Townshend and Oliver, and five more of the Opposition, who alone remained in the House against seventy courtiers.

But delay was not the only defensive weapon used by the offenders. John Wheble, one of the printers, had been ordered to attend the House of Commons by a messenger sent to his house. He paid no obedience to the summons, but taking counsel of Robert Morris, a lawyer and warm member of the Bill of Rights, who alleged many informalities and invalidity against the warrant, which was not even signed by the Speaker, Wheble sent a contemptuous answer to the Speaker, both on the warrant, and on a proclamation for apprehending him, which by strange negligence had appeared for three days in the Gazette without being signed, which, in the opinion of the generality of the law, made it to be deemed of no force.

On the 14th the Commons sat again till half an hour after four in the morning, when after being teazed by thirteen more divisions, the Ministers were glad to let off the printers after reprimanding them on their knees.

On the 15th, Wheble was apprehended on the strength of the proclamation by a person temptedby the reward, who carried him before Wilkes, then sitting alderman; but Wilkes instantly discharged him and bound him over to prosecute his accuser, though giving the apprehender a certificate to entitle him to the reward from the Lords of the Treasury.

The same evening, Miller, printer of theLondon Evening Post, against whom another proclamation had been issued, was taken into custody by a messenger of the House of Commons; but refusing to attend the messenger, was seized by him by the arm; on this, Miller sent for a constable, and gave him charge of the messenger for assaulting him in his own house. The constable carried the messenger before the Lord Mayor, and a hearing of the cause was had before the Mayor and the Aldermen Wilkes and Oliver.

In the meantime, the Serjeant of the House of Commons being informed of the transaction, went and demanded the bodies of the messenger and Miller. The Mayor asked him if he had applied to a magistrate to back the warrant, or to any peace officer to assist him, to which he answered, No. The Mayor said no power had a right to seize a citizen of London without authority from him or some other magistrate, nor should while he held that office; and that he thought both the warrant and seizure illegal, and therefore declared Millerto be at liberty. The assault on Miller being proved, the Lord Mayor told the messenger he must give bail, or be committed to prison. At first he refused, but the commitment being made out, and signed by the Mayor and the two Aldermen, the Serjeant-at-arms offered bail for the messenger, and he and his sureties were bound for his appearance at Guildhall at the next session.

Such high attacks on their authority roused the House of Commons, and startled the Ministers. A junto of seven was held at Lord North’s, when the ruling spirit was moderation. At a larger meeting the next night, the same temper or fear appeared in most of the assembly, particularly in Rigby, who had not forgotten that his loss of a former place had dated from the contest on general warrants; but Sir Gilbert Elliot, the oracle or mouth of the secret Cabal, pressed for firmness and penal measures. The elder Onslow, as he told me himself, offered at that council to prevail on his cousin to drop the prosecution of the printers; but though the Ministers would not enjoin them to proceed, they assured the elder that they would support him and his cousin, if they went on with the complaint. On thisencouragement,—

The affair was discussed on the 18th;165but theRockingham party, instead of seizing so popular a topic of clamour, were, as usual, cool in the wrong place, and rather zealous for maintaining the dignity of the House, without inquiring previously whether the House was founded in its pretensions. If not, to maintain what they had done, only because they had done it, would be an argument equally for supporting tyranny or the inquisition, if once established. Even the younger Burke was zealous against the Lord Mayor. Lord George Germaine spoke to the same purpose, but the superiority of his understanding made it suspected that his view was solely aimed at embarking Lord North in a quarrel with the City and its magistrates. Charles Fox, as if impatient to inherit his father’s unpopularity, abused the City as his father used to do; but the Ministers were moderate, and Conway much so, though against sacrificing the honour of the House. Rigby went farther, and in hopes the affair would drop, proposed to put it off for some days. As the Lord Mayor was confined with the gout, Sir W. Meredith, Sir John Griffin, and Conway pleaded for allowing him farther time; butthe courtiers divided against and rejected that motion; yet afterwards Lord North himself proposed to insert, in the order for his appearance on the morrow, the wordsif he is able; if not, on the Fridayfollowing, which was agreed to.

Alderman Oliver, who was present, not only declared he had signed the warrant for committing the messenger of the House, but declared he had advised it; yet no notice was taken. Sir Joseph Mawbey, in hopes of bringing Wilkes at the head of a mob, moved twice to call him, too, before them; but the Ministers dreaded his appearance, and would not join in the motion. Alderman Townshend, in hatred to Wilkes, who had planned these difficulties, absented himself from the House: thus the selfish factiousness of Lord Shelburne, and the injudicious candour of Lord Rockingham and his friends, split the Opposition into impotent Cabals, and soon accomplished their own annihilation.

It was remarkable, that Lord Halifax was again become Secretary of State, and that as such was again embroiled with Wilkes, who sent him word that he had discharged Wheble. It was well said, that in this contest Colonel Lutterell must vote with the majority of the House, fortheywerehisconstituents.

The next day the Lord Mayor, though labouringunder the gout, attended the House. He was escorted by a thin concourse of people, though thousands of hand-bills had been dispersed to invite a mob. He told the House that he had little to say; that he had done his duty according to his oath, and did avow the charge. For himself, this was all he had to say; for the City, he demanded to be heard by counsel. The Charters of the City he desired might be read, which was complied with. After an hour and a half he grew so ill that he asked leave to retire, which was granted, and the matter was adjourned till the following Friday. Dunning moved to grant the City counsel, which Thurlow opposed; but it being observed that the whole affair was adjourned, it was then dropped.

Lord North moved to send for the City’s book, that they might expunge the messenger’s recognizance and discharge, which was opposed, but ordered. An incident, more memorable, perhaps, than the business itself, from the secret it brought to light, or rather authenticated, followed next. Charles Fox, with his usual intemperance, moved to examine Alderman Oliver the next day, whom he should consider, he said, in a public light, as an assassin of the constitution. Colonel Barré (for Oliver had retired with the Lord Mayor) said, it became no man to call another assassin, who assassinated that person behind his back. Fox, with thesame violence replied, When he was a boy at school, he remembered nothing so well as the clamour against Barré for assassinating Mr. Pitt behind his back.166To that attack Barré returned this thundering sentence: “If the gentleman would gohome, he might learn the name of the person who set me upon that assassination, which I now so much abhor,” and of which Lord Holland167had always been suspected, and was now proved to be the instigator. Nor was this the whole that came out; for Barré now told several persons that Lord Chatham had, on their reconciliation, acquainted him, that on the very day of Barré’s second attack on him, Lord Holland had hurried out of the House after him, and had said, he hoped he did not think that he (Lord Holland) had any hand in encouraging the outrage, in which he vowed he was not concerned.

On the 20th, Sir Joseph Mawbey offered to the Speaker a letter from Wilkes, which the Speaker refused to receive; but Mawbey read a copy of it, which he said should be part of his speech; but Lord Strange denied he could make it so, as he had said he did not know the contents: nor would the House attend to it, though he did read it,—so afraid were they of being embroiled with Wilkes. Sir Gilbert Elliot and the Scotch, seeing the weaknessof the Opposition, had undoubtedly pushed on this affair as a decisive blow; but the King now grew frightened, and owned he wished it over, though Lord Rochford endeavoured to keep up his resolution, and Charles Fox affected to lead the House, till even Wedderburne asked if Fox was the Minister. The House then sent for the Lord Mayor’s book, and tore out the messenger’s recognizance. To the City168they allowed counsel, but tied up their hands by restraining them from speaking on the privileges of the House. Wedderburne, having been reflected on in the course of the debate, made a defence of himself, in a most admired speech, which would have excused his conduct, if a speech could have done it. De Grey, member for Norfolk, and elder brother of the Attorney-General, besought the House not to make Wilkes and Oliver of consequence, who were not of any. One Evans, another printer, whom they had ordered to attend, printed a letter, disclaiming their authority.

The same day Wilkes, for safety, removed from his house in Westminster to lodgings in the City, as Lord Shaftesbury did in the reign of Charles theSecond. The Common Council thanked him, the Lord Mayor, and Oliver, for the stand they made. The Recorder made a sensible speech against that motion, and refused to put the question for it; but it was carried without him.

On the 22nd, the Lord Mayor excused himself on his illness, for not attending the House. After a debate of three hours, they determined to examine Alderman Oliver, though the Lord Mayor could not appear; and he was accordingly ordered to make his defence on the following Monday. Lord North said, he saw the Opposition wanted to protract the affair, (which, in fact, was all they did attempt,) but should not: he was very sorry the matter had ever been stirred, but now must be gone through with. His party were very clamorous for punishment, and for vindicating the honour of the House,—and with which the Opposition almost concurred, so far did theesprit de corpspossess them. It is a standing order of the House that breach of their privileges must supersede all other considerations: on that ground the Courtiers would suffer no other business to proceed; while in the City a likeesprit de corpsbegan to operate, even some of the Court Aldermen beginning to favour their Mayor; but the Opposition had not sense enough to avail themselves of that disposition.

In the meantime a cloud seemed to threaten the negotiation with Spain. The Prince of Masseranoasked Lord Rochford abruptly, when we should cede the Falkland Islands to them again? This seemed to indicate a secret article of future restitution. Lord Rochford said, “No minister would dare for his head, to answer that question.” Monsieur Francés owned that our Ministers had given no positive promise of restoring the island, yet the greatest encouragement to Spain to expect we would restore it. Our Ministers, indeed, had positively declared in Parliament, that there was no secret article in the treaty;169yet this question of the Spanish Ambassador, the declaration of Francés, and the dilatory slowness of Spain, had much the air of dissatisfaction. Spain is not like other countries, that raise their revenues at home. Spain’s resources depend on the arrival of their flotas from the West Indies. They had received their galleons, and were prepared for two years. As they forbore to send out another plate-fleet, it looked as if the pacification was still incomplete. Our Ministers, however, triumphing in having avoided a war, set forth an exultation writtenby Dr. Samuel Johnson, and very abusive on the Opposition, the Bill of Rights, Lord Chatham, Junius, and the Lord Mayor, with most of their names at length,—the very kind of grievance of which the Court complained. With a lumber of learning and some strong parts, Johnson was an odious and mean character. By principle a Jacobite, arrogant, self-sufficient, and overbearing by nature, ungrateful through pride, and offeminine bigotry, he had prostituted his pen to party even in a dictionary, and had afterwards, for a pension, contradicted his own definitions. His manners were sordid, supercilious, and brutal, his style ridiculously bombastic and vicious; and, in one word, with all the pedantry he had all the gigantic littleness of a country schoolmaster.

From the East Indies came bad news; a dreadful famine had depopulated Bengal and swept away multitudes. It was imputed in a great measure to the servants of the East India Company, who, amidst every species of tyranny and plunder, had monopolized the chief aliments of the country.170A ship with three supervisors, who had been sent thither to correct those horrible abuses, had been lost in its passage.

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