Ordered, That the said Hugh Roberts be, for his said offence, taken into the custody of the Serjeant at Arms attending this House. Feb. 14. Hugh Roberts was, according to order, brought to the bar; where he, upon his knees, received a Reprimand from the Speaker; and was ordered to be discharged out of custody, paying his fees. The Reprimand was as follows: Hugh Roberts; you have been convicted, upon the clearest and most satisfactory proof, of returning a member to this House, against a very great majority of votes admitted by yourself, and which now stand upon the poll. which he was refused. That an additional article was made, that any member, not paying his arrears for three months, should be excluded the society; on this article he, and several others, got out of the club; that on the death of sir S. Cornish, the late member, five candidates came from London; that the agent of one of them mentioned, when he was in company, that the club had appointed a committee of five to treat with candidates; and that general Smith, one of them, had offered 3,000l. and to build, at Shoreham, 600 tons of shipping (the manufacture of the town) but that Mr. Rumbold had bid them more. That the club always directed the person they elected, not to take notice of the voters who were not of the club. That at the last election an affi-stract, and without the accompanying cirdavit was made and read, that Mr. Rumbold's agents had agreed with the club, and that they were to have 35l. per man. On those accounts, namely, his knowledge of the principles of the club; their appointing a committee to treat with the candidates; the report of general Smith's agent, and the affidavit of their being bribed; he had looked upon those voters as disqualified, though they had taken the bribery oath. If he had done wrong, he submitted to the House, that it was not his intent to do so, but through ignorance of the law, he therefore submitted himself to the House." "This offence, considered in the ab cumstances, is a crime of an atrocious nature; it strikes at the very being of this House: for, if practices of this sort were to obtain, the Commons of Great Britain, who are now the representatives of the free people of this kingdom, would be merely the delegates of corrupt returning officers. "In vain have our ancestors been anxiously careful to secure the freedom of elections, by all the means human wisdom and foresight could suggest; in vain have they particularly guarded against the partiality of the returning officer, and obliged him, by every tie, to a It being late, the House deferred the constitution hath reposed in his hands, if faithful discharge of that trust, which the further hearing to the 12th. Feb. 12. The Returning Officer of Shoreham again brought to the bar. He called one or two witnesses to prove that the counsel at the election had told him he might reject the votes, if he in his own mind thought them illegal: he therefore submitted to the House, that, as his intention had been good, he had not acted wilfully wrong; that if he had acted illegally, he submitted himself to the House. Resolved, "That Hugh Roberts, the late Returning Officer for the borough of New Shoreham, having, at the last election for the said borough, received upon the poll 87 persons who voted for Mr. Rumbold, and who alt, except one, had taken the bribery oath; and 37 who voted for Mr. Purling; and having, immediately on the close of the poll, declared Mr. Purling duly elected, and returned him accordingly, hath thereby acted illegally, and in breach of the privilege of this House." men are to be found daring enough to send members to this House, who were never chosen by the legal electors. ceive the votes absolutely, but only ad"You have said, that you did not remitted them to poll conditionally, and subject to future revision, as appears by the queries set against their names. "I think this circumstance, alone, was it true, would not much avail you; for I have always been of opinion (although I do not know that the Resolutions of the House have gone so far) that the practice of receiving votes with queries by the mere authority of the returning officer, and without the consent of the parties, is illegal; I am sure it is dangerous; for, if once it be admitted by this House, that the returning officer has a right to receive votes upon terms which are to subject them to his future decision, after the poll is closed, and the numbers known, it will always be in the power of that officer, so to manage the queried votes, as to return which of the candidates he pleases; and, if he is either an artful man himself, or artfully assisted by others, he will also be able so to do the business, as to make it difficult to set aside what he hath done, and more difficult to punish him for doing it. "But your case docs not afford you even this excuse; for it has been proved, that, although you reserved the queried votes for future discussion and re-consideration, you made your return without either, as soon as the poll was over; rejecting, as you declared, all those who had voted for one of the candidates (which amounted to a great majority of the whole) on account, as you alleged, of corruption; notwithstanding you had administered the oath against bribery to all, except one, of those you thought proper to reject. “There are, however, circumstances in your case which greatly extenuate your offence, and which the House hath, with pleasure, laid hold of, to mitigate the severity of your punishment; and this they have done at the recommendation of those very respectable gentlemen who composed that committee, which, by its conduct upon this occasion, hath merited, not only the thanks of this House, but the general applause of the public. By a steady attention to justice, and a firm perseverance in obtaining it, they have surmounted a variety of difficulties, in carrying into execution a new law, which has founded a new court of judicature, for the trial of parliamentary elections; a law, which, if if it continues to be executed for the future, with equal abilities and integrity, as it has been in this instance, will be a blessing to this country, and do honour to the memory of the person who planned, and to the parliament which adopted and passed it. "You have proved, that you were formerly a member of a club, in the borough over which you presided, which hath profanely assumed the name of The Christian Club;' a club, instituted for the most infamous purpose, that of selling the borough to the highest bidder; that this club consists of a great majority of the electors; and that the members of it bind themselves, to one another, and to secrecy, by oaths, in writing, and bonds with large penalties; that they carry on this scandalous traffic by a select committee, who never appear or vote at any election, on account of their scruples of conscience, having actually received the stipulated price of the borough; but that the rest of the members of this club vote as they are directed by their committee, and, without hesitation, take the oath against bribery (as they did in the present instance) and, when the election is over, receive their share of the price which has been paid to their factors. "You proved likewise, that you voluntarily quitted this club in February last, when there was no vacancy, and when you could have no expectation of being the returning officer, in case a vacancy should happen: it has likewise appeared in evidence that you acted by the advice of counsel. "And you have insisted, that though you may have acted illegally, you have not acted intentionally wrong; and that you should not have rejected the queried votes if you had not been convinced in your conscience that they were all corrupted. "These are the favourable circumstances under which the House have considered your case; and on account of them, have inflicted upon you the mildest punishment that the nature of their proceedings will permit. "And I am, in obedience to their commands, to reprimand you for this offence; which I now do: and I am, by their order, to acquaint you, which I also do, that you are discharged, paying your fees." Ordered, nem. con., That Mr. Speaker be desired to print the Speech by him made, upon reprimanding the said Hugh Roberts. Feb. 18. The returning officer of New Shoreham, and some persons who had been members of the Christian Club at that place, were examined. They said, "they had been originally members of that club; that the institution of the club was to get as much money as possible at every election, from the person they brought in; that they were under oath and bond of 500l. not to divulge the secrets of the club, and to be bound by the majority; that on an election, a committee of five were nominated by the club to treat with the candidates for as much money as they could get, and that they themselves had left the club, for fear of being brought into a scrape from the illegality of their proceedings." Upon this a Bill was ordered to be brought in, to incapacitate those particular men who were of the club, from voting at elections of members to serve in parliament; No member but Mr. Charles Fox opposed the motion for bringing in the Bill, who said, the witnesses had not proved the facts, and that if they were guilty, they ought to be proceeded against according to law. Resolved, That an humble Address be presented to his Majesty, that he will be graciously pleased to order his Attorney General to prosecute William Hards, Thomas Gear, William Rusbridge, Henry Robinson, and Henry Hannington, for an illegal and corrupt conspiracy, in relation to the late election of a member to serve in parliament for the borough of New Shoreham. Motion for Questions of Law relating to Falkland's Island to be put to the Judges.] February 5. The Earl of Chatham moved that the following Questions be put to the Judges: 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 and fort called Egmont, to be made by the Catholic king to his Majesty, under a reservation of 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 dignity of the crown of Great Britain?" The motion was negatived. Debate in the Commons on Sir G. Savile's Motion for a Bill to secure the Rights of Electors.] February 7. Sir George Savile moved, "That leave be given to bring in a Bill for more effectually securing the Rights of the Electors of Great Britain, with respect to the eligibility of persons to serve in parliament." In a speech prefatory to his motion, he explained the purport of his intended Bill. He had observed, he said, that in the divisions on the Middlesex election, three principles seemed to be started subversive of the constitution. The first was, that the House of Commons could, by its own power, make law. The second, that one determination of the House was such law. The third, that incapacity was the consequence of expulsion. To all these points, as unconstitutional, and against law, he objected; but as the doctrines had, in some degree, been established by the divisions of the Middlesex election, he thought no means could so properly put an end to them as an act of the whole legislature. That, by so doing, he did not mean to have any retrospect to alter the former divisions, but only to prevent them in future. That this proposed Bill would, therefore, condemn those propositions. The ministry opposed, this on different principles. Mr. Charles Fox said, there could be no occasion for a Bill of this nature, as to the two first propositions, which were so absurd that no person could give any assent to them; but that on the third, and on that alone, he had founded his own opinion in respect to the late divisions. Öthers supported the determinations on the first propositions; but on the whole, the arguments were, on both sides, a mere recapitulation of those used last year. The principal speakers for the motion were sir G. Savile, Mr. Wedderburn, lord J. Cavendish; serjeant Glynn, who spoke exceedingly well. Against the question; Mr. C. Fox, who spoke very ably; Mr. George Onslow, and the Attorney General, who also spoke very well. "On Thursday the 7th instant, before sir hon. Thomas Townshend, like a true EnglishGeorge Savile moved in the House of Com- man, beckoned to them to resume their seats. mons, on an election matter, sir J. T. one of The Serjeant and the door-keepers were afterlord B.'s lords of the treasury, got up, and pro- wards obliged to go several times, and to drag posed, that as there had been so lately a call out a few persons who were unwilling to of the House, and they were likely to be leave the gallery. After the House was crowded, the House should be cleared. The cleared, sir Joseph Mawbey begged sir J. standing order of the House was accord-T. if he was too hot, to pull off his great coat. ingly read, and the Serjeant at Arms had au-Sir J. answered, that at present he felt no inthority to seize all strangers, and not to dismiss them without the leave of the House. Before the gallery was quite cleared, some members of the Irish House of Commons were excepted, but very few remained behind; though the convenience from it; but when he did, he would take his advice. George Onslow, who shewed himself such a dear old friend to Mr. Wilkes, got up, and discovered the same friendship for the press. He said, that as long as In the course of the debate, Mr. C. Fox, | pected, many gentlemen were absent in speaking of the precedent of Mr. Walpole, the coffee-houses. in the Resolution of the House against his re-election, the words, " And having been guilty of notorious bribery, and been expelled for the same, was, and is, incapable," observed, that the incapability must relate to the expulsion, and not to the bribery mentioned in the Resolution; and, therefore, that might have been omitted, being quite nugatory. Sir G. Savile, in answer to this, observed that the hon. gentleman was right in his observation, as, who ever heard of bribery being a bar to any one to sit in that House? which occasioned a great laugh. The House then divided. The Yeas went forth. So it passed in the negative. One reason the numbers were but small on either side, was, that this point, having often been debated, several paired off, and the question being put before it was ex the news-papers published the Debates, be would always move the House to take this step; that none but the House had a right to print them; and that this would shew whether any of the members were concerned in writing them. Several members got up and said, that they were astonished to hear him make this motion, seeing that the writer of the Debates, whoever he was, had greatly improved the hon. gentleman's speeches, and made them sense and grammar; that the impartiality which reigned throughout the speeches, evidently shewed, that they could not be composed by any man under the influence of party; that no member would be so mean as to take the trouble of arranging the thoughts, or polishing the language of any man's speech but his own, &c. After these bickerings ended, sir George Savile rose, and explained the nature and reasonableness of this motion, which he was going to propose. But so regardless were the court members, of argument and eloquence, that tides of them poured out of the House, in order to go to dinner, while sir George was speaking with great force of argument and eloquence. A man of his weight and authority they treated as slightly as they had treated Mr. Burke on the subject of the Spanish papers. Counsellor Leigh said to lord Clare as he was coming out, Fye, fye, my lord, is the House too hot for you?" while he was shivering with cold, and thrusting his hands up in his great muff." London Museum. Debate in the Commons on the Address approving of the Spanish Declaration, respecting the Seizure of Falkland's Island.] February 13. The House took into consideration the Papers relating to the Convention with Spain. Lord Beauchamp moved, "That an humble Address be presented to his Majesty, to return his Majesty the thanks of this House, for the communication which his Majesty has been graciously pleased to make of the Declaration signed and delivered by the prince of Masserano, on the part of his Catholic majesty, the 22d of January last, and of his Majesty's acceptance thereof. To testify to his Majesty, our sincere satisfaction, at finding that the king of Spain has, in compliance with his Majesty's just demand, disavowed the violent enterprize against Port Egmont, in Falkland's Island, and engaged to give immediate orders for restoring all things to the situation in which they stood before the time of the said enterprize. "To express our hope, that the spirit of moderation, as well as the firmness, which his Majesty has manifested in his conduct upon this occasion, will, by inclining the other powers of Europe to concur with his Majesty in his views of preserving the general tranquillity, prove the means of securing to his Majesty and his people the permanent enjoyment of honourable peace. "And to assure his Majesty, that in every situation, his faithful Commons will steadily persevere in giving his Majesty. their most affectionate and zealous support." Lord Palmerston seconded the motion. The arguments in favour of the Address, were, that our disputes with Spain were that Spain having offered an affront to on a point of honour, not matter of right; England in dispossessing her of a fort and island in time of peace, the national satisfaction to be demanded was restoration of that fort, and disavowal, on the part of the king of Spain, of the enterprise of his governor ; that having obtained both these points, been fully satisfied; that this Address was the honour and dignity of England had couched in modest terms, not a fulsome compliment to administration; and necessary, in the present instance, to shew to Spain that England was satisfied, and need be under no further apprehensions of war; that in point of prudence this was not the time to go to war; as it would immediately join France and Spain in the common cause against us, whereas at present it might occasion a coldness between those powers to find that one was not ready to assist the other in case of emergency. Mr. Dowdeswell did not think the House ripe to determine the affair at present. Spain had not ratified, and perhaps we might determine a peace to-day to be good, which to-morrow' might be war. However, supposing the Spaniards would ratify, yet still as an Address was supposed to be an approbation of the ministers' measures, we ought, step by step, to consider them from the papers delivered in relative to that transaction, and see if we could draw such a conclusion; he therefore moved an amendment, by leaving out all but the first Paragraph. : He said, that as he had moved for the correspondence, he thought (according to the established courtesy of the House) he was intitled to take the lead in any proposition upon what they contained. But since this was not permitted, he moved an amendment in order that an examination of the facts which appeared in the Correspondence and Declaration, might precede (as in reason it ought) any resofution either of approbation or of censure. That he would read the Resolutions he proposed to move, in case he should carry the Amendment. The facts, he said, were collected from the papers, and stated in the Resolutions in the very words of the Correspondence and Declaration; and if there was the least doubt of his fairness in representing them, he would refer immediately to the papers for his authority. The Resolution contained thirteen heads; viz. "1. That it stands asserted by the marquis de Grimaldi, and uncontradicted by his Majesty's ministers, that the court of Spain had expressed its disapprobation of his Majesty's settlement at Falkland's island; and that there had been several discussions, thereupon, between his Majesty's ministers and the ministers of the said court, of such nature as might give his Majesty's ministers reason to foresee the attack upon that settlement, which was afterwards made by the forces of the crown of Spain. 2. That captain Hunt, commander of one of his Majesty's ships of war, arrived the 3d of June, 1770, and brought information to the commissioners for executing the office of lord high ad miral of Great Britain, that a Spanish go vernor, and commanders of Spanish ships of war, had repeatedly warned his Majesty's forces to quit possession of the said settlement. 3. That his Majesty's ministers made no representations thereupon to the court of Spain; and it is notorious, that no preparations were made for enabling his Majesty to do himself justice, in case advice should come that the said settlement was taken, and the court of Spain refuse his Majesty that satisfaction which he had a right to expect. 4. That the marquis de Grimaldi, in his conference with Mr. Harris on the 25th of September 1770; and the Spanish ambassador, in his proposal, mentioned in lord Weymouth's letter to Mr. Harris, on the 17th of October 1770, did disavow any particular orders given to the governor of Buenos Ayres, to seize by force the said settlement; but did acknowledge, that the said governor had acted under general orders, according to his oath as governor, and according to the established laws of America. 5. That the disavowal of the violent enterprise of the Spaniards, and an engagement for the restitution of the Port and Fort Egmont, have been accepted without such censure or punishment of the governor of Buenos Ayres, as might make it manifest that he did not act under any orders, general or particular, and without such explanation of his general orders, as might sufficiently secure his Majesty's possessions against the like insult and injury in time to come. 6. That the demand of the court of Spain, that his Majesty should disavow the menaces of captain Hunt, which, from the papers laid before this House, is the only apparent cause of protracting the negociation, was unreasonable and unjust. 7. That though the court of Spain did refuse for a long time to do his Majesty that justice. which it has since confessed to be due to him, no reparation has been demanded for such protracted refusal; whereby a new injury was received by his Majesty, this country has been put to very great expence in preparations for war, its commerce interrupted, and his Majesty's subjects greatly distressed. 8. That the engagement to restore Port and Fort Egmont is ambiguous, and is short of the first proposal made by the Spanish ambassador to lord Weymouth, which was to restore Falkland's islands. 9. That his Majesty's ministers have not, in the whole negociation, asserted his Majesty's right to Falkland's islands, or any of them, or to |