The death of the prince of Wales was fatal to a bill which had been brought into the house of commons, for naturalizing all foreign protestants who should settle within the dominions of Great Britain. Political arithmeticians have generally taken it for granted, that to every commercial nation an increase of people is an increase of opulence; and this maxim is certainly true, on the supposition that every individual is industrious, and that there is a sufficient field for employment; but all these general maxims ought to be received under certain qualifications. When all branches of manufacture are overstocked, an addition of workmen will doubtless be an additional incumbrance on the community. In the debates which this bill produced, the members of the ministry were divided among themselves. The measure was enforced by the chancellor of the exchequer, Mr. W. Pitt, and Mr. Lyttelton; and in opposing it the earl of Egmont was joined by Mr. Fox, secretary at war. Petitions and counter-petitions were presented by the merchants of London, Bristol, and other trading towns of the kingdom. All merchants and traders of foreign extraction exerted themselves vigorously in its behalf, and it was without doubt countenanced by the administration; but the project was odious to the people in general. The lord mayor, aldermen, and commons of London, in common-council assembled, composed a remonstrance to the lower house, setting forth the danger and inutility of a general naturalization of foreign protestants. A petition of the merchants and principal inhabitants of Bristol represented that such a law would be prejudicial to the trade and commerce of this kingdom, by preventing many industrious artificers from procuring a sufficient support for themselves and their families, and of consequence increasing the rates of the poor; that the introduction of such a number of foreigners, instead of being a support to the present happy establishment, might endanger the very basis of our constitution; that it would greatly tend to the diminution of our manufactures, as many strangers would doubtless come and reside in England for a time, in order to learn the methods and management of our manufacturers and artificers; and, after having obtained this instruction, return to their native countries, where they would establish and carry on works of the same nature. The twentieth day of March being appointed for the third reading of the bill, it was postponed in consequence of the unfortunate death of the prince of Wales; and other petitions from different cities of the kingdom being mustered against it in the sequel, the ministry did not think proper to persist in any unpopular measure at such a delicate conjuncture; so the bill was no more brought upon the carpet. Divers other regulations, relating to civil policy as well as to the commerce of Great Britain, were propounded in the house of commons; but these proposals proved abortive, either because they appeared crude and indigested in themselves, or the house could not obtain proper information touching the allegations they contained.
There were no other transactions in this session, except the concurrence of both houses in stigmatizing a printed paper, entitled “Constitutional Queries, earnestly recommended to the serious consideration of every true Briton;” and the steps taken by the commons, in consequence of the commotions occasioned by the Westminster election. The above-mentioned paper, which had been conveyed by letter to the majority of both houses, was communicated to the lords in the month of January by the duke of Marlborough, who moved for resolutions against it as a seditious libel, and that the concurrence of the commons might be desired. A conference accordingly ensued, and both houses concurred in voting the paper a false, malicious, scandalous, infamous, and seditious libel; containing the most false, audacious, and abominable calumnies and indignities upon his majesty; and the most presumptuous and wicked insinuations that our laws, liberties, and properties, and the excellent constitution of this kingdom, were in danger under his majesty’s legal, mild, and gracious government; with intent to instil groundless suspicions and jealousies into the minds of his majesty’s good subjects, and to alienate their affections from his majesty and the royal family. It was therefore resolved by the lords spiritual and temporal, and commons in parliament assembled, that, in abhorrence and detestation of such abominable and seditious practices, the paper should be burnt by the hands of the common hangman in the new Palace-yard of Westminster; and this sentence was executed accordingly. Then they presented an address to his majesty, desiring that the most effectual means might be taken for discovering the author, printer, or publisher, that he or they might be brought to condign punishment. Directions were given for this purpose; but without effect. Those concerned in writing, printing, and circulating the paper, had acted with such caution that not one of them was ever discovered.
The proceedings of the commons with respect to the election of a burgess for Westminster were attended with some extraordinary circumstances, which we shall now record for the edification of those who pique themselves on the privileges of a British subject. We have already observed, that a majority appearing on the poll for lord Trentham, the adherents of the other candidate, sir George Vandeput, demanded a scrutiny, which was granted by the high bailiff of Westminster, the returning officer. During this tedious investigation, which rolled chiefly on the qualifications of voters, he acted with such address and seeming candour as gave entire satisfaction to both parties, till at length he determined in favour of lord Trentham, whom he returned as duly elected. Those who styled themselves the independent electors did not acquiesce in this determination without clamour, reproach, menaces, and riot. They taxed Mr. Leigh, the high-bailiff, with partiality and injustice; they loudly affirmed that ministerial influence had been used in the most scandalous manner; and, finally, joined sir George Vandeput in a petition to the lower house, complaining of an undue election and return of a member for the city of Westminster. The commons, instead of inquiring into the merits of these petitions, ordered them to lie upon the table; and, without any complaint from any person whatever, a motion was made that Leigh, the high-bailiff, should attend the house immediately, in order to make them acquainted with what he had done in pursuance of the directions he had formerly received from that house, touching the execution of the writ for electing a new member to represent the city of Westminster. As this motion had been preconcerted, Leigh was attending in the lobby, and immediately called into the house to be examined on this subject. Having, in the course of his examination, alleged that the election had been protracted by affected delays, he was asked by whom, and by what means; but, before he could answer, the earl of Egmont, interposing, objected to the question as improper, and moved for the order of the day. A debate immediately ensued, in which the impropriety of the question was demonstrated by Mr. Henley, now lord-keeper, Dr. Lee, and some others, the most sensible and moderate members of the house; but they were opposed with great violence by lord viscount Corke, Henry Fox, esquire, sir William Young, colonel Lyttelton, and the weight of the ministry; so that the motion for the order of the day was carried in the negative, and the high-bailiff required to answer the question. Thus interrogated, he declared that he had been impeded in the scrutiny, and maltreated, by Mr. Crowle, who had acted as counsel for sir George Vandeput, by the honourable Alexander Murray, brother to lord Elibank, and one Gibson, an upholsterer, who had been very active, zealous, and turbulent in his endeavours to promote the interest of sir George Vandeput, or rather to thwart the pretensions of the other candidate, who was supposed to be countenanced by the ministry. These three persons, thus accused, were brought to the bar of the house, notwithstanding the strenuous remonstrances of several members, who opposed this method of proceeding, as a species of oppression equally arbitrary and absurd. They observed, that, as no complaint had been preferred, they had no right to take cognizance of the affair; that if any undue influence had been used, it would naturally appear when the merits of the election should fall under their inquiry; that a complaint having been lodged already against the returning officer, it was their duty to investigate his conduct, and punish him if he should be found delinquent; but that nothing could be more flagrantly unjust, and apparently partial, than their neglecting the petitions of the other candidate and electors, and encouraging the high-bailiff, who stood charged with iniquity, to recriminate upon his accusers, that they might be disabled from giving evidence on the inquiry into the merits of the election. What difference is it to the subject whether he is oppressed by an arbitrary prince, or by the despotic insolence of a ministerial majority? Mr. Crowle alleged, in his own vindication, that he had been employed as counsel by the electors of Westminster, and attended the scrutiny in that character; that after the high-bailiff had, in the course of the last session, received the order of the house to expedite the election, he hurried on the scrutiny with such precipitation as, he apprehended, was unjust and prejudicial to his clients; that, in this apprehension, he (Mr. Crowle) insisted upon the high-bailiff’s proceeding with more deliberation, and in so doing he thought he did his duty to his employers. Some evidence being examined against him, declared he had not only protracted the scrutiny, but also spoken disrespectful words of the house of commons; he was therefore reprimanded on his knees by the speaker, and discharged.
Mr. Murray being charged with having uttered some threatening and affrontive expressions, the house adjourned the consideration of this affair for some days, at the expiration of which Mr. Murray was to be heard by his counsel; but, in the meantime, they ordered him to be taken into custody by the sergeant-at-arms attending the house. This step however was not taken without a warm opposition by some of the most sedate and intelligent members of the house, who considered it as a cruel act of oppression. They observed, that in cases of breach of privilege, no person complained of was ever taken into custody until after he had been fully heard in his defence; that this was literally prejudging the cause before it had been examined; and the oppression was the greater, as the alleged offence consisted entirely of words, of which no complaint or information had been made for above eight months after the supposed offence had been committed; and, even then, not till an accusation had been lodged against the informant, upon the trial of which accusation the persons informed against might very probably be the most material witnesses. They observed, that in one of the highest offences which can be committed by words, namely, that of denying the king’s right to the crown, or renouncing the trinity, the information must be brought in three or four days after the words are spoken; the words must be proved to have been spoken maliciously, directly, and advisedly, and the prosecution must commence in three months after the information. These suggestions made no more impression than if they had been uttered in a desert. Those who were secure in their number, asserted that the house of commons was not restricted by the forms or proceedings at common law; and that it was necessary to vindicate their own honour and dignity, by making examples of those who seemed to hold them in contempt. Mr. Murray was committed to the custody of the sergeant-at-arms, and found bail; and Gibson was sent prisoner to Newgate, from whence he was in a few days released, upon presenting an humble petition, professing his sorrow for having incurred the displeasure of the house, to the bar of which he was brought, and received a reprimand on his knees from the speaker. In the meantime, divers witnesses being examined before the house, declared, That Mr. Murray had been seen, about the time of the return of a member for Westminster, heading and exciting a tumult to acts of violence against the high-bailiff. The majority, therefore, after a long and warm debate, agreed, that for his dangerous and seditious practices, in violation and contempt of the privileges of the house, and of the freedom of elections, he should be committed close prisoner to Newgate Then, in the close of another violent debate, they resolved that he should be brought to the bar of the house, to receive that sentence on his knees. He accordingly appeared, and being directed by the speaker to kneel, refused to comply. He knew that he could not be discharged from Newgate during the session, without petitioning, acknowledging his offence, and making such concessions as he thought would imply a consciousness of guilt; he considered this whole transaction as an oppressive exertion of arbitrary power, and, being apprized of the extent of their authority, determined to bear the brunt of their indignation, rather than make submissions which he deemed beneath the dignity of his character. When he refused to humble himself, the whole house was in commotion; he was no sooner removed from the bar than they resolved, that his having in a most insolent and audacious manner refused to be on his knees at the bar of that house, in consequence of their former resolution, was a high and most dangerous contempt of the authority and privilege of the commons; it was therefore ordered, that he should be committed close prisoner to Newgate, debarred the use of pen, ink, and paper; and that no person should have access to him without the leave of the house. Finally, a committee was appointed to consider what methods might be proper to be taken by them, in relation to this instance of contempt. Meanwhile, the petitioners against the return made by the high-bailiff, perceiving the temper of the house, and the complexion of the majority, withdrew their petition; and the order which had passed for hearing the merits of the election was discharged. Mr. Murray being taken dangerously ill in Newgate, application was made to the commons, by some of his relations, that he might be removed to a more convenient situation; and his physician being examined, gave it as his opinion that he was infected with the gaol distemper. Upon this representation, the house agreed that the speaker should issue a warrant for removing him from Newgate to the custody of the sergeant-at-arms, but this favour he refused to accept, and expressed the warmest resentment against those relations who had applied to the commons in his behalf. Thus he remained sequestered even from his own brother and sister, under the displeasure of the commons of England, who condescended so far as to make resolutions touching the physician, apothecary, and nurse who attended this prisoner. But the prorogation of parliament having put an end to their authority for that session, Mr. Murray was discharged of course, and conducted by the sheriffs from Newgate to his own house, in procession, with flags and streamers exhibiting the emblems of liberty.
In the month of June the session was closed with a speech from the throne, in which his majesty thanked both houses for the zeal and affection they had manifested towards him and his government; and congratulated the commons in particular, upon their firmness and prudence in reducing the interest of the national debt, a measure as agreeable to him as essential to the strength and welfare of the kingdom.330[See note 2 S, at the end of this Vol.]—The interior economy of Great Britain produced, within the circle of this year, nothing else worthy of historical regard, except a series of enormous crimes, arising from the profligacy of individuals, which reflected disgrace upon the morals and the polity of the nation. Rapine and robbery had domineered without intermission ever since the return of peace, which was attended with a reduction of the army and navy; but now crimes of a deeper die seemed to lift up their heads, in contempt of law and humanity.331[See note 2 T, at the end of this Vol.]Every day almost produced fresh instances of perjury, forgery, fraud, and circumvention; and the kingdom exhibited a most amazing jumble of virtue and vice, honour and infamy, compassion and obduracy, sentiment and brutality.
Death of the Queen of Denmark and the Prince of Orange..... Misunderstanding between the Czarina and King of Prussia..... Measures for electing a King of the Romans..... Death of the King of Sweden..... Session opened..... Animosity of the Commons towards Mr. Murray..... Proceedings upon a Pamphlet, entitled the Case of Mr. Murray..... Supplies granted..... Civil Regulations..... Law relating to the forfeited Estates in Scotland..... New Consolidation of Funds..... Two Ports opened for the Importation of Irish Wool..... The King sets out for Hanover..... Affairs of the Continent..... Dispute between Hanover and Prussia, Concerning East Friezeland..... Misunderstanding between the Courts of London and Berlin..... Improvement of Pomerania..... Treaty with the Elector Palatine..... Session opened..... Supplies granted..... Game Act..... Act for performing Quarantine..... and for preventing the Plundering of shipwrecked Vessels..... Bill relating to the Bounty on Corn exported..... Turkey Trade laid open..... Naturalization of the Jews..... Marriage Act..... Deliberations concerning the Sugar Colonies...... Fate of the Register Bill..... Sir Hans Sloane’s Museum purchased by Parliament..... Story of Elizabeth Canning..... Execution of Dr. Cameron..... Tumults in different Parts of the Kingdom..... Disturbances in France..... Proceedings in the Diet relative to East Friezeland..... Treaty between the Court of Vienna and the Duke of Marlborough—Conferences with respect to Nova Scotia broke up..... Description of Nova Scotia..... Disputes concerning its Limits
The royal family of England had sustained three severe shocks in the compass of a few months. Besides the loss of the prince of Wales, which the nation lamented as irreparable, his majesty was deeply afflicted by the untimely death of his youngest daughter, the queen of Denmark, who died at Copenhagen on the nineteenth day of December, in the prime of youth. She was one of the most amiable princesses of the age in which she lived, whether we consider the virtues of her heart, or the accomplishments of her person; generous, mild, and tender hearted; beloved even almost to adoration by her royal consort, to whom she had borne a prince and two princesses; and universally admired and revered by the subjects of his Danish majesty. Her death had been preceded about two months by that of her brother-in-law, the prince of Orange, no less regretted by the natives of the United Provinces for his candour, integrity, and hereditary love to his country. Though he had not distinguished himself by the lustre of a superior genius, he had been at great pains to cultivate his understanding, and study the true interest of that community of which he was a member. He had always approved himself a good and zealous citizen, and, since his elevation to the stadtholdership, taken many salutary steps for the advantage of his country. Among other excellent schemes which he suggested, he left a noble plan with the states-general for restoring their commerce to its former lustre, and lived long enough to receive their warmest acknowledgments fox this last proof of his prudence and patriotism. His son and daughter being both infants, the administration of the government devolved upon the princess, as governanté during her son’s minority; and as such she succeeded to all the power which her husband had enjoyed.
With respect to the affairs of the continent, the peace of the north seemed still as precarious as ever; for though the difference between Russia and Sweden had been compromised, the mutual disgust between the czarina and the king of Prussia had gained such accession from reciprocal insults, ill offices, and inflammatory declarations, that these two powers seemed to be on the eve of a rupture, and each was employed in making extraordinary preparations for war. The courts of Vienna and Great Britain, foreseeing that such a rupture would embroil the empire, and raise insurmountable obstructions to their favourite scheme of electing the archduke Joseph king of the Romans, resolved to employ all their influence in order to effect a reconciliation between the courts of Petersburgh and Berlin. His Prussian majesty had signified to the king of Great Britain and the states-general, the situation in which he stood with the czarina, and solicited their interposition, that the difference might be amicably accommodated. At the same time, he sent an envoy-extraordinary to Versailles, to negotiate with the French king for a very considerable body of auxiliaries, in case he should fee attacked. These circumstances induced the maritime powers, and the court of Vienna, to use their utmost endeavours for the prevention of a rupture; and accordingly they made remonstrances on this subject by their ministers at Petersburgh, proposing that the quarrel should be terminated without bloodshed, and all cause of animosity be buried in oblivion.
GEORGE II. 1727-1760
In the meantime they eagerly prosecuted the design of the election; and the Imperial minister at Berlin not only communicated to his Prussian majesty the sentiments of the king of England on this expedient, but even solicited his vote for the archduke Joseph, when the election of a king of the Romans should be proposed in the electoral college. To this proposal he replied, that he was extremely well disposed to manifest his regard for their imperial majesties, and to give the most genuine proofs of it, even in the proposed election of a king of the Romans, considering the great merit of the present candidate the archduke Joseph; but he left it to the consideration of their imperial majesties, whether the election would not be a little premature, if transacted at a time when his imperial majesty was in the flower of his age; enjoying perfect health; and when all Europe, particularly the empire, was hushed in the bosom of tranquillity, so that no circumstance seemed to prognosticate the necessity of such an election; or of putting in execution the motives mentioned in the capitulation of the reigning emperor’s election; especially as the examination of these motives belonged to the whole empire, and ought to precede the election, by virtue of the eighth article of the treaty of Westphalia. He observed, that in case of the emperor’s death, Germany would find herself in a very disagreeable situation under the government of a minor. For these reasons, he said, he could not help advising their imperial majesties to wait until the archduke should be of age, when his election might be carried on more conformably to the laws and constitutions of the empire, and more suitable to the majesty of the whole Germanic body. This reply he circulated among the electors, and in particular transmitted it to the king of Great Britain, desiring they would deliberate maturely on this subject, and confer together in a body, as well as in private, that they might proceed according to the ancient custom of the electoral college, and take such ‘measures as should be judged expedient for the honour and advantage of the community. This circular letter was answered both by the king of England and the elector of Bavaria, who demonstrated, that it was the privilege of the electoral college only, without any participation of the other princes of the empire, to elect a king of the Romans during the life of the emperor, in order to maintain the peace and preserve the liberties of Germany; and that the neglect of this wise precaution hath produced bloody wars, and many fatal consequences to the empire. They observed, that nothing could more contribute to the establishment of the public tranquillity than this measure, so ardently desired by the majority of the German princes; and that, although the archduke Joseph wanted a few years of being of age, and it might possibly happen that the reigning emperor should die during that prince’s minority, yet it would be much less prejudicial to the empire to have a minor chief, than to see the succession altogether unsettled. His Prussian majesty received a declaration to the same purpose from the elector of Mentz; and understanding that this prince, as archchancellor of the empire, intended to convoke an electoral diet in order to propose the election of a king of the Romans, he wrote an elaborate letter to his electoral highness, explaining at more length his reasons for postponing the election. He quoted that sentence of the treaty of Westphalia which expressly declares, that the election of a king of the Romans shall be discussed and ordained by the common consent of the states of the empire; and, therefore, he could not conceive what right the electoral college had to arrogate this privilege to themselves, excluding the other states of the empire. He observed, that the imperial capitulations, which were the only laws of the empire that treated of this subject, mentioned only three cases in which it was lawful to proceed to such an election; namely, the emperor’s leaving, and long absence from, Germany; his advanced age, or an indisposition, rendering him incapable of managing the reins of government; and any case of emergency in which the preservation of the empire’s prosperity is interested. He affirmed that none of these motives at present existed; that, in case the imperial crown should devolve to a minor, many mischiefs and disorders must ensue, as the constitutions of the empire have established no regulations nor regency in that event; that an election of this nature, carried on under the power, influence, and authority of the head of the empire, would strike at the fundamental privileges of the princes and states; consequently, in time overturn the constitution of the empire, which, from being an elective dignity, conferred by the free and independent suffrages of the electoral college and states of Germany, under certain capitulations, obliging the prince thus chosen to govern according to law, would become an hereditary succession, perpetuated in one family, which of course must be aggrandized to the prejudice of its co-estates, and the ruin of the Germanic liberties. In a word, all Germany in general, and Ratisbon in particular, was filled with writings published on both sides: by the emperor and his adherents, to demonstrate that the election of a king of the Romans, during the life of the emperor, had often happened, and at this present time was necessary, and would be advantageous to the empire; while the king of Prussia and his friends laboured to prove that such an election, at the present juncture, would be ill-timed, irregular, and of dangerous consequence. Perhaps, if the truth was known, this enterprising prince had projected some great scheme, with the execution of which this proposed establishment would have interfered. Certain it is, he exerted himself with that spirit and perseverance which were peculiar to his character, to frustrate the intention of the courts of Vienna and London in this particular, and was assisted with all the intrigue of the French ministry. Their joint endeavours were so effectual, that the elector of Cologn renounced his subsidiary treaty with the maritime powers, and once more threw himself into the arms of France. The elector palatine being solicited by the empress-queen and his Britannic majesty to co-operate with their views, insisted, as a preliminary article, upon being indemnified by the court of Vienna for the ravages committed in his territories by the Austrian troops, during the course of the last war: the king of Poland, elector of Saxony, made the same demand of the like indemnification, which was granted by the mediation of king George; and then he subscribed to a subsidiary treaty, obliging himself to furnish a body of six thousand auxiliaries, in case they should be required by the maritime powers; and to act as an elector, in concert with the house of Austria, in every thing relating to the welfare of his country that should square with the fundamental laws of the empire. The courts of London and Vienna had this election so much at heart, that they sounded almost all the powers of Europe, to know how they stood affected towards the measure proposed. The king of Spain declined intermeddling in a domestic affair of the empire. The French king returned an ambiguous answer; from whence it was concluded that nothing but opposition could be expected from that quarter. The Swedish monarch was rendered propitious to the project by assurances that the house of Hesse-Cassel, of which he was the head, should be elevated into an electorate. They even endeavoured to soften his Prussian majesty, by consenting, at last, that the treaty of Dresden, confirming to him the possession of Silesia, should be guaranteed by the diet of the empire; a sanction which he now actually obtained, together with the ratification of his imperial majesty. Notwithstanding this indulgence, he still persisted in raising fresh objections to the favourite project, on pretence of concerting measures for preventing the inconveniencies that might result from a minority; for regulating the capitulations to be agreed on with the king of the Romans; securing the freedom of future elections, and preserving the prerogatives and privileges of the Germanic body in all its members. In consequence of these obstacles, joined to the apostacy of the elector of Cologn, the obstinacy of the elector palatine, and the approaching diet of Hungary, at which their imperial majesties were obliged personally to preside, the measures for the election were suspended till next summer, when his Britannic majesty was expected at Hanover to put the finishing stroke to this great event in favour of the house of Austria.
Another disappointment, with respect to this election, the promoters of it sustained in the death of his Swedish majesty, who expired in a good old age, and was succeeded by Adolphus Frederick, duke of Holstein Eutin, bishop of Lubeck, upon whom the succession had been settled for some years, by the unanimous concurrence of the states of the kingdom. This prince ascended the throne of Sweden without the least disturbance; and, of his own accord, took an oath in full senate, that he would never attempt to introduce a despotic authority; but maintain their liberties with his blood, and govern his subjects in all respects according to the laws and the form of government established in Sweden. This public act, which was communicated to all the foreign ministers, and particularly to the envoy from Petersburgh, met with such a favourable reception from the czarina, that she expressed her satisfaction in a public declaration; and the good understanding between the two courts was perfectly restored.
When the parliament of England was opened in the month of November, the king, in his speech from the throne, gave them to understand, that for the same purposes which suggested the treaty with the elector of Bavaria, he had now, in conjunction with the states-general, concluded another with the king of Poland, elector of Saxony. He told them that the unfortunate death of the prince of Orange had made no alteration in the state of affairs in Holland; and that he had received the strongest assurances from the states, of their firm resolution to maintain the intimate union and friendship happily subsisting between his majesty and those ancient and natural allies of his crown. He exhorted both houses to consider seriously of some effectual provisions to suppress those audacious crimes of robbery and violence, grown so frequent about the capital, proceeding in a great measure from that profligate spirit of irreligion, idleness, gaming, and extravagance, which had of late extended itself in an uncommon degree, to the dishonour of the nation, and the great offence and prejudice of the sober and industrious part of the people. The paragraphs of this speech were, as usual, echoed back to the throne in addresses replete with expressions of loyalty, affection, and approbation. Opposition was by this time almost extinguished; and the proceedings of both houses took place with such unanimity as was hardly ever known before this period in a British parliament. The commons, however, seem to have assembled with such sentiments as did no great honour to their temper and magnanimity. In a few days after the session opened, lord viscount C——e, a young nobleman, whose character entitled him to very little regard or influence among men of sense and probity, made a motion, that Mr. Murray, who had been so severely executed in the last session for refusing to humble himself on his knees before them, should be again committed close prisoner to Newgate for the same offence. This proposal, which supposed a power that the commons had never before exercised, was sharply disputed by the earl of Egmont, and others, who had not resigned all sense of moderation; but the majority adopted the measure with great eagerness, and the speaker was ordered to issue his warrant accordingly. Then the house resolved, that the said Alexander Murray should receive the sentence, for his now being committed close prisoner to his majesty’s gaol of Newgate, at the bar of the house, upon his knees; and the sergeant-at-arms was commanded to take him into custody for this purpose. Their indignation, however, was eluded by the caution of the delinquent, who, having foreseen the effects of their resentment, had prudently retired to another country. They determined, nevertheless, to proceed against him as a person of some consequence in the commonwealth; for, being informed of his retreat, they condescended so far as to present an address to his majesty, desiring that his royal proclamation might be issued for apprehending the said Mr. Murray, promising a reward to him who should have the good fortune to apprehend this fugitive-a request with which his majesty most graciously complied.
Nor was this the only address presented to the king: upon such an important subject. A pamphlet, entitled “The Case of the Hon. Alexander Murray, esquire, in an Appeal to the People of Great Britain,” was first stigmatized in a complaint to the house, and was afterwards produced and read at the table. The piece was written with great acrimony, and abounded with severe animadversions, not only upon the conduct of the returning officer, but also on the proceedings of the commons. The violent members immediately took fire, and the flame extended itself to the majority. Nay, the house unanimously resolved, that the pamphlet was an impudent, malicious, scandalous, and seditious libel, falsely and most injuriously reflecting upon, and aspersing the proceedings of the house, tending to create misapprehensions in the minds of the people, to the great dishonour of the said house, and in violation of the privileges thereof. They furthermore presented an address to the king, desiring his majesty would be graciously pleased to give directions to his attorney-general to prosecute the authors or author, the printers or printer, and the publishers or publisher of the said scandalous libel, that they might be brought to condign punishment. Directions were accordingly given for this purpose, and a prosecution commenced against the publisher, who had some reason to be dismayed, considering the great weight of influence he was doomed to encounter—influence arising from a prosecution of the crown, instituted at the request, and founded on a vote, of the house of commons. Nevertheless, when the cause was heard before the lord-chief justice of England, a jury of free-born Englishmen, citizens of London, asserted their privilege of judging the law as well as the fact, and acquitted the defendant with a truly admirable spirit of independency. They considered the pamphlet as an appeal against oppression; and, convinced that the contents were true, they could not in conscience adjudge it a false libel, even though it had been so declared by one of the branches of the legislature.
1752
The commons, in regulating the supplies of the ensuing year, voted the continuation of eighteen thousand eight hundred and fifty-seven men for the land-service, though not without some opposition from certain patriots, who, rather from a sense of duty than from any hope of influencing the majority, affirmed that sixteen thousand men in time of peace would answer all the ends proposed by a standing army. The number of seamen was fixed at ten thousand; large sums were granted to make up deficiencies, and fulfil the engagements of the crown with the electors of Bavaria and Saxony, as well as for the maintenance of Nova Scotia and Georgia, and the castles on the coast of Guinea; and one hundred and twelve thousand one hundred and fifty-two pounds, three shillings and threepence, were voted, as a full compensation to the old royal African company for their exclusive charter and property, to be applied for the relief of their creditors. *
* These expenses were defrayed by a continuation of the duties on malt, &c; a land-tax at three shillings in the pound; a duty on licences, to be yearly paid by pawnbrokers and dealers in secondhand goods, within the bills of mortality; the sum of one million four hundred thousand pounds advanced by the bank, according to a proposal made for that purpose; five hundred thousand pounds to be issued from the sinking-fund; a duty laid on gum Senegal; and the continuation of divers other occasional impositions. The grants for the year amounted to something less than four millions, and the provisions made for this expense exceeded it in the sum of two hundred and seventy-one thousand and twenty-four pounds, ten shillings and sixpence halfpenny.
The laws enacted for the encouragement of traffic, and the regulations of civil polity, consisted in an act for licensing pawnbrokers, and for the more effectual preventing the receiving of stolen goods; another for preventing thefts and robberies, by which places of entertainment, dancing, and music, in London, Westminster, and within twenty miles of the capital, were suppressed and prohibited, unless the proprietors of them could obtain licenses from the justices of the peace, empowered for that purpose; a third for annexing the forfeited estates in Scotland unalienably to the crown, after having made satisfaction to the lawful creditors; establishing a method of leasing these estates, and applying the rents and profits of them for the better civilizing and improving the highlands, and preventing future disorders in that part of the united kingdom. Nothing could be more salutary than the purposes of these regulations. The suburbs of the metropolis abounded with an incredible number of public houses, which continually resounded with the noise of riot and intemperance; they were the haunts of idleness, fraud, and rapine; and the seminaries of drunkenness, debauchery, extravagance, and every vice incident to human nature; yet the suppression of these receptacles of infamy was attended with an inconvenience, which, in some cases, arose even to a degree of oppression. The justices being vested by the legislature with the power of granting or refusing licenses, were constituted, in effect, the arbiters on whose decision the fortunes and livelihood of many individuals absolutely depended. Many of those who exercised this species of magistracy within the bills of mortality, were, to the reproach of government, men of profligate lives, needy, mean, ignorant, and rapacious, and often acted from the most scandalous principles of selfish avarice.
The law relating to the highlands of Scotland was well calculated for promoting, among the inhabitants of that country, such a spirit of industry as might detach them from their dangerous connexions, and gradually supersede that military genius which had been so productive of danger and alarm to the southern part of Great Britain. The king, by this act, was empowered to appoint commissioners for managing the forfeited estates, who were enabled to grant leases of small farms, not above twenty pounds a-year, to individuals, who should take an oath to government to reside upon and cultivate the lands thus let. It was also provided, that no lease should be granted for a longer term than twenty-one years; and that the leases should not pay above three-fourths of the annual value. Although these forfeited estates were generally encumbered with claims beyond their real value, and the act directed that they should be disposed of by public sale; yet, as they lay in the most disaffected parts of the highlands, it was thought necessary that they should remain in the possession of the crown, because, in case of their being publicly sold, they might be purchased in trust for the families of the persons by whom they were forfeited, and thus the spirit of disaffection would still survive. A valuation, therefore, was made by the court of session in Scotland, at the joint suit of the crown and the creditors; and the value being ascertained, the just claimants were paid out of the next aids granted by parliament. The bill met with considerable opposition in the house of peers from the duke of Bedford and the earl of Bath, who probably foresaw that the good effects of this scheme, so laudable in itself, would be frustrated in the execution; and that the act, instead of answering the purposes for which it was intended, would serve only as a job to gratify the rapacious retainers to the government, and their emissaries in that country. After a warm debate, however, it was adopted by a great majority, and obtained the royal assent.
A third law related to certain articles of the national debt, which was now converted into several joint-stocks of annuities, transferable at the bank of England, to be charged on the sinking fund. A great number of different funds for annuities, established at different times and by different acts, subsisted at this period, SO that it I was necessary to keep many different accounts, which could not be regulated without considerable trouble and expense, for the removal of which the bill was calculated.
In consequence of petitions from the woollen manufacturers of Westmoreland and Yorkshire, two bills were brought in, and passed through both houses, by which the ports of Lancaster and Great Yarmouth were opened for the importation of wool and woollen yarn from Ireland; but why this privilege was not extended to all the frequented ports of the kingdom it is not easy to conceive, without supposing a little national jealousy on one hand, and a great deal of grievous restraint on the other. Over and above these new laws, some unsuccessful endeavours were used in behalf of commerce and police. A bill was offered for laying further restrictions on pawnbrokers and brokers, that they might no longer suck the blood of the poor, and act as the accessaries of theft and robbery, which was canvassed, debated, and made its way through the lower house; but the lords rejected it as a crude scheme, which they could not amend, because it was a money-bill, not cognizable by their house, without engaging in a dispute with the commons. Another bill was prepared, for giving power to change the punishment of felony, in certain cases, to confinement and hard labour in dockyards or garrisons. It was the opinion of many who wished well to their country, and were properly qualified to prosecute such inquiries, that the practice of consigning such a number of wretches to the hands of the executioner, served only, by its frequency, to defeat the purpose of the law, in robbing death of all its terror, and the public of many subjects, who might, notwithstanding their delinquency, be in some measure rendered useful to society. Such was the motive that influenced the promoters of this bill; by which it was proposed, in imitation of that economy practised in other countries, to confine felons convicted under certain circumstances to hard labour upon the public works of the kingdom. The scheme was adopted by the lower house, but rejected by the lords, who seemed apprehensive of its bringing such discredit upon his majesty’s dock-yards, as would discourage persons who valued their reputation from engaging in such employment. Of still greater importance to the nation was the next measure proposed, in a bill for making the militia of England more useful, presented by Mr. Thornton, a gentleman of Yorkshire, who had distinguished himself by his loyalty and patriotism. It was canvassed in a committee of the whole house, and underwent divers amendments; but miscarried, through the aversion of the ministry to any project tending to remove or lessen the necessity of maintaining a standing army. A considerable number of petitions for different regulations, in respect to commerce and convenience of traffic, were presented, considered, and left upon the table. A remonstrance from the prisoners confined in the gaol of the king’s-bench, complaining of their miserable situation, arising from want of room and other conveniences, being taken into consideration by a committee, among other evidences, they examined that remarkable personage who had signalized himself in different parts of Christendom, under the name of Theodore, king of Corsica. Though formerly countenanced and even treated as a sovereign prince by the British ministry, he was now reduced to the forlorn condition of a confined debtor; and, to the reproach of this kingdom, died in prison, surrounded with all the misery of indigence, and overwhelmed with the infirmities of old age. But the most remarkable circumstance of the parliamentary transactions that distinguished this session, was a motion made in both houses for an address to the king, beseeching his majesty, that in time of public tranquillity, he would be graciously pleased to avoid entering into subsidiary treaties with foreign princes, which are so burdensome to this nation. This extraordinary proposal was made and strenuously urged by the duke of B——, and a vehement debate ensued, in which the earls of G——, S——, and H——, opposed it with an execution of superior abilities; and the question being put, was carried in the negative without a division. The same fate attended it in the house of commons, where it was introduced by lord H——y, and supported by some distinguished orators. The session ended in the latter end of March, when his majesty, having given his assent to ninety-five public and private bills, harangued both houses, and prorogued the parliament.*
* Among the proceedings of this session, it may not be improper to mention a new act for the prevention of murders, which had been shockingly frequent of late, importing, that every criminal convicted of this horrid crime should be executed in one day after his sentence, and his body delivered to the surgeons for dissection—an expedient which had been found productive of very salutary consequences.