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He certainly thought a grand radical change too dangerous an experiment, yet still something might be done in the practical way. Copyholders, as well as freeholders, should elect the members. The monied interest was now too strong for the country gentleman residing near a borough, and he was excluded by some mushroom adventurer, who had got a good contract with government, or made a lucky hit in the stocks. The worst was, the expence now of the large towns, and even counties, made them close boroughs to all who could not afford to make the electors a present

of 20 or 30,0001. every election. Yet after all that could be said in extenuation of the present system, was it not monstrous that the county members formed but a minority to the residue? He had studied reform under the auspices of Mr Pitt, who, after all, had established the Irish representation upon a liberal system. He saw no objection to a committee, though he confessed he had little hope of the motion being carried.

Lord Milton spoke against the motion, which being put to the vote, was negatived by a majority of 265 to 77.

CHAPTER IX.

MISCELLANEOUS PARLIAMENTARY TRANSACTIONS.

Mr Abbot resigns the office of Speaker.-Created Lord Colchester, with a pension. Mr Sutton elected.-Debate on Lord Sidmouth's Circular Letter.Mr Wilberforce's Motion relative to the Slave Trade.—Mr Lyttleton on the Lottery. Mr Bennett on the Report of the Police Committee.-The Academical Society.-Mr Brougham's Motion on the State of the Nation.-Prorogation of Parliament.

THE important place of Speaker of the House of Commons had long been filled, with high distinction, by Mr Abbot. During the present session, however, the health of that gentleman became too precarious to admit of the regular attendance necessary for the discharge of his high functions. He determined, therefore, very properly, to resign his situation.

On Friday, May 30, Mr Dyson, the deputy clerk, stated, that he had received a letter from the Speaker, which, with the leave of the House, he would read. He then read the following:

"Palace-yard, May 30, 1817. "SIR-It with the sincerest concern and regret that I feel myself obliged to request, that you will inform the House of Commons, at their meeting this day, of my inability, from continued illness, to attend any longer upon their service. After holding the high office to which I have been raised by their favour in five successive parliaments, it is impossible that I should resign so honourable and dis

tinguished a situation, without feeling the deepest gratitude for the constant kindness with which they have been pleased to accept and assist my humble endeavours to discharge its various and arduous duties. It was my earnest wish and hope to have continued longer in the service of the House, if such were their pleasure. But the interruption of public business which has been already occasioned by my state of health, and the apprehension of the same cause recurring, which might again expose the House to the like inconvenience, have made me deem it

necessary that I should retire at this time; and have left me now no further duty to perform than to return my heartfelt acknowledgments to the House for all the favours they have bestowed upon me, and to express my fervent wishes for the perpetual maintenance and preservation of its rights, its privileges, and its independence.I am, Sir, always most truly yours, "CHAS. ABBOT.

"To Jeremiah Dyson, Esq. Deputy Clerk, House of Commons."

Lord Castlereagh then rose and said, that after the communication which the House had just heard, combined with the recollection of his uniform conduct, there could be, he apprehended, no difference of opinion as to the great merits of the Speaker, or as to the propriety of accepting his resignation. From the able, dignified, and conciliatory manner in which he had discharged the arduous duties of his office, at once reflecting the highest credit upon his character, and affording the utmost satisfaction to the House, all who heard him must regret the resignation of that highly respected and universally esteemed in dividual. The loss, indeed, of such an officer, he felt, no doubt in common with the House, it would be extremely difficult, if not impossible, adequately to supply. The noble lord concluded with proposing an adjourn ment until Monday, when probably he would be authorised to make a communication to the House, which would mark the estimation in which the Speaker was held by the illustri ous personage at the head of government, and which would enable the House to proceed at once to the election of another Speaker.

The motion of adjournment was agreed to.

On Monday, June 2, the House proceeded to the choice of a Speaker in the place of Mr Abbot, now Lord Colchester. After an amicable contest between the friends of Mr Manners Sutton and Mr Charles Wynne, the choice fell upon the former by a majority of 160; the numbers being for Mr Sutton 312, and for Mr Wynne

152.

On Tuesday, June 3, Mr Sutton, the new Speaker, took his seat in the chair, after having received the royal approbation in the House of Peers. Lord Castlereagh brought down the following message :

"The Prince Regent, acting in the name, and on the behalf of his Majesty, thinks it right to inform the House of Commons, that having taken into his consideration the eminent and distinguished services of the Right Hon. Charles Abbot, during the long and eventful period in which he had filled the situation of Speaker of that House, has conferred upon him the dignity of a Baron of the United Kingdom, by the title of Baron Colchester of Colchester, in the county of Essex; and the Prince Regent recommends to the House of Commons to enable him to make such provision for Charles Lord Colchester, and for the heir male of his body who may next succeed to the title, as shall, under all the circumstances, be judged just and reasonable."

It was argued by Mr Wynne and others, that this ought to have originated in the House, where his labours could be best appreciated. It was at last agreed to by Lord Castlereagh, to postpone the consideration of the message till Thursday.

On Thursday, June 5, Lord Castlereagh, after some prefatory encomiums, moved the thanks of the House to Baron Colchester, for the zeal and ability with which he had discharged the duties of his station in parliament.

Lord William Russel rose with extreme reluctance to oppose this vote. No man could be more sensible of the general merits of the late Speaker ; but he could not forget the memorable speech made by him at the bar of the House of Lords on the failure of the Catholic question; nor the motion of a noble friend of his (Lord Morpeth) on that subject. On that occasion 117 members of that House had voted their censure on the Speaker; and the public would not be able to understand the reason why the House now unanimously applauded him. It was also a bad precedent, to see that Speaker

who was the first to make the crown a party to the proceedings of that House, the first also to be made directly a peer on his removal from that chair.

The motion was then agreed to, with a very few dissenting voices.

Lord Castlereagh then moved an address to the Regent, that he would be pleased to grant some signal mark of favour to Lord Colchester; and that whatever expence should be incurred, that House would make good

the same.

Mr Tierney had heard that it was intended to grant 4000l. a-year to Lord Colchester, and 20001. a-year to his heir male. He had since heard that was wrong, and that 30001. ayear was to be granted to his heir. He wished to know if that was cor rect.

Mr Vansittart had no objection to state that 4000l. a-year was intended to be proposed to Lord Colchester, and 30001. a-year to his heir male.

On Friday, June 6, the Speaker acquainted the House, that he had received a letter from Lord Colchester, in acknowledgment of the letter communicating to him the resolution by which the thanks of that House had been voted him.

Lord Castlereagh stated at the bar the answer of the Prince Regent to the address respecting the late Speaker, which recommended to the House to enable his Royal Highness to bestow an adequate provision.

The Chancellor of the Exchequer moved, that it be referred to a committee of the whole House on Monday

next.

On Monday, the House resolved itself into a committee, on the answer to the Prince Regent's message.

The Chancellor of the Exchequer, after briefly adverting to a pension of 30001. granted Mr Speaker Onslow, proposed, for his great labour and

anxiety, that Lord Colchester should enjoy a pension of 40001. for his own life, and 3000l. for a successor, to commence from the 1st of April last.

Mr H. Sumner moved that the first sum should be 50001.; and Mr Lambton moved that it be limited to 3000L. Both these amendments were negatived, and the original motion agreed to.

The following circular letter had been addressed by Lord Sidmouth to the lords lieutenants of counties, dated 27th March 1817.

"MY LORD-As it is of the greatest importance at present to prevent, as far as possible, the circulation of blasphemous and seditious pamphlets and writings, of which for some time past great numbers have been sold and distributed throughout the country; I have thought it my duty to consult the law servants of the crown, whether an individual found selling, or in any way publishing such pamphlets and writings, might be brought immediately before a justice of the peace, under a warrant issued for the purpose, to answer for his conduct. The law officers, having accordingly taken this matter into their serious consideration, have notified to me their opinion, that a justice of peace may issue a warrant to apprehend a person charged before him upon oath with the publication of libels of the nature in question, and compel him to give bail to answer the charge.

"Under these circumstances, I beg to call your lordship's attention very particularly to this subject; and I have to request, that if your lordship should not propose to attend in person at the next general quarter sessions of the peace to be holden in and for the county under your lordship's charge, you would make known to the chairman of such sessions the substance of this communication, in order that he may recommend to the several magistrates

to act thereupon, in all cases where any person shall be found offending against the law in the manner above mentioned.

"I beg leave to add, that persons sending pamphlets and other publications in the manner above alluded to, should be considered as coming under the provisions of the hawkers and pedlars' act, and be dealt with according ly, unless they shew that they are furnished with a licence, as required by the said act.

"I have the honour to be, &c. "SIDMOUTH." To this letter were subjoined opinions to the above effect, signed by the Attorney and Solicitor General, W. Garrow and S. Shepherd.

Earl Grey on the 12th May brought this subject before the House of Lords, His lordship, after reading the letter and the opinion of the judges, observed that at present he meant only to move for the case upon which the cir. cular letter had been founded; which, if granted, might be the foundation of future proceedings. The question was, whether any justice of the peace may be called upon by any common informer, to decide at once what is or what is not a libel, and upon his sole judgment and authority commit or hold to bail the person accused. His lordship then referred to the opinions of Hale, Hawkins, Camden, and other eminent lawyers, in order to shew, that no justice of the peace could possess any such power. After bringing together an amount of evidence which he contended was quite irresistible, he strongly censured the conduct of the Secretary of State, in issuing this circular. Such a direction to the magistrates, not being a general exhortation to vigilance and care, but a specific instruction as to the manner in which they were to interpret the law, would have been a high offence against the constitution, even if that law had been

clear and indisputable. He hesitated not, therefore, to describe the measure as most unconstitutional and danger

ous.

Lord Ellenborough contended, that the course followed by Lord Sid:nouth was strictly regular, and endeavoured to shew that it was supported by the very authorities which had been quoted against it by Lord Grey. He conceived that such a power was indispensable for the security of the country, and that if it did not already exist, it ought to be communicated without delay.

Lord Erskine expressed the highest respect for the legal knowledge of Lord Ellenborough; but did not conceive that the doctrine now advanced by him could be borne out by the practice in cases of libel. During the French Revolution, a time when much danger was apprehended from seditious practices in this country, every part of it was inundated by libels. Whatever evidence was brought for ward during that period, at the Old Bailey, upon the subject of those libels, referred to such as were actually published. There were libels tried there at that time, collected from all parts of the country; and in no one case was a person held to bail after an arrest by a justice of the peace. The Society for the Suppression of Vice never proceeded against any person arrested and held to bail by a justice of the peace for the publication of a blasphemous libel. The question now was, how the common law stood upon the subject. The noble lord read a passage from Lord Hale, to prove that a justice of the peace could not hold to bail for every offence within the cognizance of a session. They were here upon the plain law of the land. If the Secretary of State considered the case so clear, what necessity was there for taking the opinions of the law officers of the crown? Surely the miserable crea

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