Mr. Temple Luttrell said, he had no in- | it a job ultra crepidam. The hon. member tention of detaining the House at so late who made the motion, and his friend who an hour of the night, but for his just re- seconded him, had clearly shewn, that the ceiving assurances from a worthy member introduction of foreign troops, without near the door, who supposed he was consent of parliament, was ever consiquitting the House without waiting a di- dered, as contrary to the fundamental vision, that if he would stay and attend to constitutions of the realm: proofs had Mr. Attorney General, it would be impos- been given, that it was expressly so desible to have another doubt left upon the clared in the reigns of our Edwards and legality of such a power as was now as- Henrys; and in late times, by the spirit serted by the crown. He had therefore of the Bill of Rights: that these declaralistened with the most earnest attention to tions were an affirmance of the law as it that first advocate of the bar, without the stood in the time of Magna-Charta; which promised conviction; so far from it, his law was in being before the accession of arguments served but to confirm the doc- the Plantagenets or Norman kings, and trine laid down by the hon. baronet who was probably established in the Saxon so ably introduced this motion. He did reigns earlier than the days of the Conbelieve, however, that if it were within fessor. A gentleman on the other side of the compass of professional finesse, or the House had ended his speech with a florid eloquence, that gentleman, who curious exultation, " thank God, the zeal spoke last, would have come off trium- of foreign troops is not wanting for the phant over all his scruples. He was truly present war." Mr. Luttrell compared concerned, he could not be assisted with this critical conjuncture to the æra of the the lights of that other great luminary of Revolution, when James the 2nd dethe law Mr. Solicitor General, who at the manded the Scotch Dutch, but had been beginning of the evening, was from every refused by the States General, who anquarter of the House, expected to shine swered, that they had granted them to forth with more than usual lustre. He crush rebellion in the duke of Monmouth's thought that hon. member considered revolt, but they should never be used as himself as pledged to parliament to main- instruments to subvert the liberties of tain his former proposition on this topic, Great Britain.-I am sorry to learn, that that his Majesty might not only, by virtue our national troops, even the guards in of his prerogative, introduce foreign troops this capital, are so ready as the hon. geninto the dependencies of Great Britain tleman tells you, to spill the blood of their without consulting the will of parliament, countrymen, armed in a cause worthy of but might do the same into any of the Britons. Recollect the first dawn of the sea-ports of this island, or even into the glorious Revolution, which gave this diadem Tower of London. He could have told to the family of Brunswick. British solthat hon. member, that previous to the diers then held different maxims of miliRevolution, there were no standing forces tary obligations in the land of civil liberty. ever known in this country, excepting the I marvel that we have never voted in this king's personal guards, but which were House the charge of a superb monumental constantly kept as garrisons in fortresses column and inscription, to commemorate near our coasts. Here Mr. Luttrell drew the patriotism of the earl of Litchfield's a picture of the Solicitor sneaking behind regiment in the year 1688, when they did the Speaker's chair; and then observed on more essential service to their country by what had fallen from the several lawyers laying down their arms, than any military who had struggled in this debate to uphold corps could ever boast of in the field, acthe unconstitutional tenets of administra- coutred at all points; they justly pretion; and applied a saying of Lewis the ferred the civil and religious rights of their 12th of France, that lawyers do with their country, to the arbitrary mandates of any law as shoemakers do with their leather; monarch: they, Sir, thought, almost to a they pinch it, twist it, beat it, and stretch man, with a noble peer in the other House it, till it suits whatever measure they aim of Parliament (earl of Effingham). He, at: this was however a measure none of Sir, considered the duty of a good citizen the very ingenious gentlemen of the long to be paramount to that of a good soldier; robe could bring the most pliant leather of that his obedience to his sovereign, howhis law exactly to fit. Even Mr. Attorney ever sacred, was but a secondary consideGeneral, who he must, in justice, allow to ration, his first allegiance, his first service be the very Crispin of his trade, had found to the public. We learn from Rapin, and other credible authorities, that, previous to the Revolution, a letter from the prince of Orange to the officers of the English army, and another from admiral Herbert to the English fleet, by his highness's order, were printed and published in London; the design of which was, to inform the army and navy of the true intentions of the prince, and to represent to them, that, in being the king's instrument to accomplish his designs, they were labouring their own ruin: the officers, soldiers, and seamen, were conjured not to suffer themselves to be abused by a false notion of honour, to serve their king contrary to the manifest interest of their country. These two letters (adds the historian) had a wonderful effect upon officers, soldiers, and sailors, so that from this time they resolved not to draw their swords in so wrongful a quarrel. In my opinion, nothing ought to be more seriously alarming to the subjects of this country, and its several dependencies, than to hear the modern language but too universally held both in public and private, by our best officers in the army: "they are obliged in honour to execute implicitly the orders of their sovereign, while they hold a commission under him." I maintain, Sir, that every military commission to serve in the British army, whether in foreign or domestic employ, is from their country, though the nomination depends immediately on the sovereign, as the executive hand of the state; and when a king of Great Britain bestows any commission whatever, and on whomsoever it may be, from a field-marshal to an ensign, it is virtually with the same implied terms which were so nobly expressed by one of the most enterprising as well as one of the most humane and wisest of the Roman emperors; "Take this sword," said Trajan, when he presented it as the badge of office to Saburanus, whom he had appointed prefect of the Pretorian guards, "remember, it is your duty to use it for my defence while I govern well; if I govern ill, your duty to your country, beyond your duty to me, will oblige you, as a good citizen and an honest man, to use it for my destruction." The previous question being put, That that question be now put; the House divided. Tellers. Sir James Lowther Mr. Byng fLord Adv. of Scotland Sir John Irwine YEAS NOES So it passed in the negative. 8S 149 | Debate in the Commons on Mr. Wilkes's Motion respecting his Expulsion.] 30. Mr. Wilkes said: April Mr. Speaker; the veneration with which I am deeply impressed for the constitu tion of my country, the love and affection of a native to the noble privileges, the laws and liberties, of England, as well as duty and gratitude to the much-injured freeholders of Middlesex, are the powerful motives of my again troubling the House with a question so frequently agitated within these walls, so fully discussed even the last session, although not hitherto followed with the success, which I hope on the present occasion. The profligacy, venality, and open attempts against liberty by the last House of Commons, have made their memory odious to the people. The annals of our country are disgraced with their various violations of the rights of the subject. I shall now confine myself to a single case, but it was of the blackest nature, of the deepest dye, and branched out into many enormities, which still demand ample atonement. I allude to the iniquitous and daring resolutions respecting the elections for the county of Middlesex, and the seating Mr. Luttrell in the House, although he had confessedly only a minority of the suffrages of the freeholders, in whom the constitution has placed the right of election. While these resolutions, Sir, remain among our records, I consider a precedent established, under the sanction of this House, to rob not only a whole county, but the entire collective body of electors of this kingdom, of their birthright, and most valuable inheritance. It is a prece dent, which may be brought home to every borough, city, and county, to every freeholder, every elector in the island. The facts were fully stated to the House in the debate on this subject the last year, and I am persuaded they live in the memory of every gentleman. I shall desire the clerk to read only one resolution. It is that of Feb. 17, 1769, "That John Wilkes, esq. having been, in this session of parliament, expelled this House, was, and is, incapable of being elected a member to serve in this present parliament." This declaration, in my opinion, transfers from the people to thisHouse the right of election, and by an uncontrouled exercise of the negative power, the House in effect assume the positive right of making whom they please the representatives of the people in parliament. I am very ready to ad didate with 1143. The majority of the electors of Middlesex, Sir, fully answered this argument in that remarkable petition presented by the worthy baronet (Sir G. Savile) the 29th of April, 1769, in which they asserted, "That Mr. Luttrell had not a majority of legal votes; nor did they, when they voted for Mr. Wilkes, mean thereby to throw away their votes, or to wave their right of representation, nor would they, by any means, have chosen to be represented by Mr. Luttrell." Notwithstanding this petition, the House on the 8th of May following declared Mr. Luttrell duly elected. Now let us examine the still more recent case of the Abingdon election, the determination of the select committee, with all the proceedings of the present parliament in that business. I will state them briefly, and shall afterwards desire the clerk to read from the Journals the more important passages. Mr. Bayley's petition was presented to this House on the 6th of December, 1774. It was confined to one single objection, the legal disability of the other candidate, no accusation of bribery or corruption, riots, unfair practices, or illegal votes, being exhibited. It stated, mit that there are various natural and legal incapacities; and when the party is subject to any one of them, he is not eligible. Aliens, minors, bishops, are incapable of being elected into a House of Commons. Besides these, there are other incapacities arising from the peculiar circumstances of the case, and some created by particular statutes. Where, however, there is no natural or legal disability, the capacity of being elected is the inherent right of every freeman of the realm. He cannot be divested of it without an equal injury to the party, and to the constituent, in whom the power is constitutionally lodged of determining whom he thinks the most fit and proper person to act for him in the great council of the nation. The declaration of the House therefore, that any man, duly qualified by law, shall not be allowed to sit in parliament as a representative of the Commons of the realm, was assuming to themselves the making a new law, to which only the three estates are adequate. It was disfranchising a whole county, and 1 consequently in effect the united kingdom. The public attention has been so long fixed on this important business, that it would be the weakest and vainest presumption in me to attempt any new argu-" that at the place of election, and before ments in support of a right acknowledged by every man, who is not in a detestable league for the subversion of all our rights, liberties, and franchises. I shall not enter on a dull repetition of the debates, which for the last seven years have come on every session, nor repeat a multitude of cases and precedents; but, while I have a seat in this House, I pledge myself to my country, that I will be firm and unwearied in my endeavours, till every syllable on our Journals, which marks the injustice done to the freeholders of Middlesex, and to every elector in the island, be fully erased or obliterated. Since the debate, however, on this question in the last session, almost within a fortnight after, a case respecting the election at Abingdon was determined here in a manner diametrically opposite to one part of this pretended law of parliament, which has been solemnly laid down by all the advocates of the ministry in the affair of Mr. Luttrell. They argued, that all the votes given to Mr. Wilkes were thrown away, because they were given, as they asserted, to a person labouring under a legal incapacity, and consequently Mr. Luttrell, with only 296 freeholders, was entitled to his seat in preference to the other can the taking of the poll, the mayor of the said borough and the other electors were publicly told, that as the other candidate, Mr. John Mayor, was then high sheriff of that county, he was incapable of being chosen a member to represent the said borough in this present parliament, and that all votes given for the said high sheriff would be thrown away; notwithstanding which, the mayor of the said borough did himself vote, and also received the votes of divers other persons for the said high sheriff; and that the said high sheriff hath returned himself as duly elected for the said borough, in manifest prejudice of the petitioner, who, being the only candidate capable of being elected, ought to have been returned." The facts, as stated in the petition, were admitted, as well as the numbers at the close of the poll, for Mr. Mayor 146; for Mr. Bayley only 116. The great question was, whether, if Mr. Mayor was not eligible, the votes for him were thrown away; and Mr. Bayley, who had not the majority of electors, should be declared duly elected? The Select Committee, on the 6th of March, 1775, reported, that neither Mr. Mayor, nor Mr. Bayley, was duly elected, and that the election was void. The House immediately directed a new writ to issue for Abingdon. The ministerial advocates, who insisted on Mr. Wilkes's legal incapacity, can scarcely find a case more exactly parallel. It is equalled only by the well known precedent of Mr. Walpole, and Mr. Taylor, in 1711. Yet the burgesses of Lynn were not insulted, by having a gentleman declared their representative, whom they never elected. The Abingdon case was of the most public notoriety. The returning officer, and all the electors of Abingdon, were publicly informed of Mr. Mayor's legal incapacity. Mr. Bayley polled near half the voters of that borough. His opposition however being not to a friend of liberty and the people, but having made the attack on a subaltern in the ministerial forces, he had little chance of being an adopted child of the House, or of a committee selected from the present majority. The arbitrary resolution on our Journals, and the appointment of Mr. Luttrell, I consider as an absolute surrender of the constitution to the minister. The laws of the land are of no avail, when this House alone can make a new law, adapted to the caprice, violence, or injustice of every emergency, and when representation in parliament no longer depends upon the choice of the electors. The people of England may in vain assemble with the fond hope of effectually exercising their noblest franchise, if the object of their choice is really what he ought to be, an independent friend of liberty, superior to menace or corruption. The minister has found out a way to baffle them in all their proceedings. He may, on any pretence, however frivolous, procure an expulsion; and expulsion, we know, means incapacitation; so that during a long period of seven years, the favourite object of a country's choice may be kept out, and the nominee of a minister be declared to represent a populous county. Can there be a more solemn mockery of the rights of a free people? While such arbitrary resolutions as those respecting the Middlesex elections remain on our Journals, I think the minister holds high the rod of vengeance over the head of every member of this House. He stands here with an uplifted arm, sublimi flagello, to punish the refractory, and almost every action of the majority seems to betray their being either swayed by the dastardly passion of fear, or corrupted by the mean principle of reward. We are governed by Solon's plan, præmio et poena, as Cicero has summed it up in three words. Is a member obnoxious or unruly? Accuse him of a libel, or any other crime; then vote away your own privileges to get at him; and, before the cause can come to a trial by a jury of his countrymen on oath, examine two or three partial and wellinstructed witnesses under no such sanction, and you may proceed immediately to expulsion. You then vote him incapable of being re-elected. The creature of the minister is received in his place, and declared a representative of the people. A House of Commons may in this manner be so garbled, as not to contain a single fair and honest representative, elected according to the law of the land. The motion of expunging from our records the resolutions of which I complain, is, I know, considered by some gentlemen as a violent measure. The case, I think, requires the most spirited mode of redress. I wish as full atonement to the people as possible. The last parliament gave us an instance of expunging from our Journals what never ought to have been moved in this House, the thanks to a stupid Tory parson, of the rank Oxford breed, for a libel on the Revolution, and the present establishment, in a sermon preached on the anniversary of the merited death of the tyrant Charles 1. [See Vol. 17, p. 312.] If so trifling a business as a foolish sermon, neither heard nor read by a score persons, called for so spirited a measure, can it be deemed improper or violent, when the rights of all the electors of the kingdom have been openly invaded, and the usurpation justified by gentlemen in the highest offices under the crown? The circumstance is truly alarming, and demands the utmost exertions of an honest zeal and generous ardour for the public weal. I own, that I am not so nice and scrupulous about preserving every line of the immensity of the learned lumber in our Journals. They are become the mere registers of royal edicts, of turnpike roads, enclosures, and matters of private business. There are many whole pages disgraceful to the nation among our trivial, fond records. My heart bleeds, when I read all the unjust and inhuman resolutions against our fellow-subjects in America, the fleets and armies voted for the vain attempt of subduing the unconquerable spirit of liberty among the descendants of Englishmen. When I reflect on Faucitt, captain in the guards; and the most serene prince of Waldeck to his privy councillor, and president of the regency Frederick Lewis Wiepert de Zerbst; who, after the exchange of their respective full powers, have agreed upon the following articles: the subsequent proceedings, the barbarous | his Britannic Majesty to colonel William and savage manner in which you have carried on the war, by attempting to starve thousands of industrious fishermen, and labouring poor, with their families, as well as the burning open and defenceless towns and villages; I wish, for the national humanity and honour, which formerly stood so high, that these black pages of our Journals, and every trace of the cruelties and horrors which followed, were obliterated from the records of this House, of this kingdom, of the human race. ART. I. The said most serene prince yields to his Britannic Majesty a corps of infantry of 670 men, which shall be at the entire disposition of the King of Great Britain, to be employed in his service on the same footing as the other German troops, both in Europe and in North America. The regiment shall moreover be provided with two pieces of field artillery, with two bombardiers, twelve gunners and other attendants, and the train thereto belonging. In justice to the usurped and violated rights of this county, in a full sense of duty to all my brother electors at large, and to prevent the most fatal and pernicious precedent being ever used by a wicked and ill-designing minister to the destruction of the sacred right of election, of national freedom, and independency, I move, "That the Resolution of the House of the 17th of February, 1769, That John Wilkes, esq. having been in this ses'sion of parliament expelled this House, 'was, and is, incapable of being elected a 'member to serve in this present parlia-jesty's commissary. 'ment,' be expunged from the Journals of this House, as being subversive of the rights of the whole body of the electors of this kingdom." Mr. Serjeant Glynn seconded the motion. Mr. Baldwin and Mr. Moysey spoke on the same side. There was no reply. The House divided. ART. II. The most serene prince engages to equip this corps completely, and that it shall be ready to march at the latest, on the 6th of May next. The said corps shall pass in review at the place of embarkation, before his Britannic Ma ART. III. The most serene prince engages to furnish the recruits annually necessary. These recruits shall be delivered to his Britannic Majesty's commissary disciplined and completely equipped; his most serene highness will do his utmost for the whole to arrive at the place of embarkation at the time which his Majesty shall appoint. ART. IV. His Majesty's service and the preservation of the troops requiring equally that the commanding officers and subalterns should be perfectly skilled in the service, his most serene highness will take proper care in the choice of them. ART. V. The most serene prince engages to put this corps on the best footing possible; and no men shall be admitted therein but such as are fit for field-service, and acknowledged as such by his Britannic Majesty's commissary. with tents and all necessary equipage. ART. VI. This corps shall be furnished ART. VII. The King grants to this corps the ordinary and extraordinary pay, as well as all the advantages in forage, provision, winter-quarters and refreshments, &c. enjoyed by the royal troops; and the most serene prince engages to permit this corps to enjoy all the emoluments of pay which his Britannic Majesty allows them. The sick and wounded of the said corps shall be taken care of in the |