Debate On Addressing His Majesty For The Removal Of Sir R. Walpole

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Title:     Debate On Addressing His Majesty For The Removal Of Sir R. Walpole
Author: Samuel Johnson [More Titles by Johnson]

HOUSE OF LORDS, FEB. 13, 1740-1.

DEBATE ON ADDRESSING HIS MAJESTY FOR REMOVING SIR ROBERT WALPOLE.

The opposition which for a long time had been made in the commons, to the measures of the administration, was on this day pushed to a crisis, and produced a motion in both houses. In the house of lords it occasioned the following debate:

Lord CARTERET began in this manner:--My lords, as the motion which I am about to make is of the highest importance, and of the most extensive consequences; as it cannot but meet with all the opposition which the prejudices of some, and the interest of others, can raise against it; as it must have the whole force of ministerial influence to encounter, without any assistance but from justice and reason; I hope to be excused by your lordships for spending some time in endeavouring to show, that it wants no other support, that it is not founded upon doubtful suspicions, but upon uncontestable facts; that it is not dictated by private interest, but by the sincerest regard to publick happiness; not abetted by the personal malevolence of particular men, but enforced by the voice of the people; a voice which ought always to be attended to, and, generally, to be obeyed.

To endeavour, my lords, to remove from places of publick trust all those who appear to want either the virtues or abilities necessary for executing their offices, is the interest of every member of a community. And it is not only the interest but the duty of all those who are, either by the choice of the people, or by the right of birth, invested with the power of inspecting publick affairs, and intrusted with the general happiness of their country. That, therefore, every motive combines to make it the duty, and every argument concurs to prove it the privilege of your lordships, is too evident to be doubted.

How often this privilege has been exerted by this house, and how often it has rescued our country from oppression, insolence, and rapine; how often our constitution has been reanimated, and impending ruin been averted by it, a superficial acquaintance with history may inform us. And we are now called upon by the universal cry of the nation, and urged by the perplexed and uncertain state of our foreign affairs, and declension of our wealth, and attacks upon our liberties at home, to recollect these precedents of magnanimity and justice, and to make another effort for the relief of our country.

This house, my lords, has proceeded against ministers, whose conduct they disapproved, by methods of greater or less severity, according to the necessity of affairs, or the supposed malignity of the crimes alleged against them; and, therefore, have sometimes thought it necessary to deter posterity from imitating them by rigorous censures, and exemplary punishments, and sometimes have thought it sufficient to set the nation free from its distresses, without inflicting any penalties on those by whose misconduct they imagined them produced.

What were the more violent and vindictive methods of proceeding, it is not necessary, with regard to this motion, to examine; since I shall only propose, that we should, in imitation of our predecessors, in cases of this nature, humbly address his majesty to remove the minister from his presence and councils.

Nothing, my lords, can be more moderate or tender than such an address, by which no punishment is inflicted, nor any forfeiture exacted. The minister, if he be innocent, if his misconduct be only the consequence of his ignorance or incapacity, may lay down in peace an office for which nature has not designed him, enjoy the vast profits of long employment in tranquillity, and escape the resentment of an unhappy people; who, when irritated to the highest degree, by a continuation of the same miscarriages, may, perhaps, in the heat of a more malevolent prosecution, not sufficiently distinguish between inability and guilt.

Those, therefore, among your lordships, that think him honest but mistaken, must willingly agree to a motion like this, as the best expedient to appease the people without the ruin of the minister. For surely no man who has read the history, or is acquainted with the temper of this nation, can expect that the people will always bear to see honours, favours, and preferments, distributed by the direction of one universally suspected of corruption, and arbitrary measures; or will look only with silent envy upon the affluence of those whom they believe to be made great by fraud and plunder, swelled to insolence by the prosperity of guilt, and advanced to wealth and luxury by publick miseries.

Such of your lordships who join with the people in ascribing our present unhappy state not to the errours, but to the crimes of the minister, and who, therefore, think a bare removal not sufficient to satisfy the demands of justice, must, doubtless, give their consent to the motion, for the sake of obtaining proper evidence of his wickedness, which cannot be expected while he stands exalted in prosperity, and distributes the riches of the nation, and the gifts of his sovereign at his own choice; while he is in possession of every motive that can influence the mind, enforce secrecy, and confirm fidelity; while he can bribe the avaricious, and intimidate the fearful; while he can increase the gratification of luxury, and enlarge the prospects of ambition. For, my lords, if it be considered from whom this evidence must be drawn, it will soon appear that no very important discoveries can be made, but by those whom he has intrusted with his secrets, men whose disregard of virtue recommended them to his favour, and who, as they are moved only by interest, will continue faithful while they can hope for recompense; but may, perhaps, be willing to buy their own security by sacrificing their master, when they shall see no farther prospect of advantage from serving him, or any other method of escaping punishment.

But, my lords, all must allow this motion to be reasonable, whatever they think of the minister's conduct, who are of opinion that a free people have a right of complaining when they feel oppression, and of addressing the crown to remove a minister that has incurred their universal detestation. That such is the condition of the present minister, I believe, will scarcely be denied, or may be discovered by those who find themselves inclined to doubt it, by asking any man whom they shall accidentally meet, what are his sentiments on the situation of national affairs, and of the hands by which they are administered. What answer he will receive is well known to most of your lordships. Let him not be satisfied with a single suffrage, let him repeat the question to ten thousand persons, different in their ages, their conditions, and religious opinions, in every thing that produces contrariety of dispositions and affections, he will yet find them unanimous in complaining of publick misconduct, and in censuring one gentleman as the author of it.

Let us not imagine, my lords, that these accusations and murmurs are confined to the lowest class of the people, to men whose constant attention to more immediate distresses, hinder them from making excursions beyond their own employments. For though, perhaps, it might be made evident from the accounts of past times, that no general dissatisfaction, even among men of this rank, was ever groundless; though it might be urged that those who see little can only clamour, because they feel themselves oppressed; and though it might not unseasonably be hinted that they are at least formidable for their numbers, and have, sometimes, executed that justice which they had not interest to procure, and trampled upon that insolence that has dared to defy them; yet I shall not insist upon such motives, because it is notorious that discontent is epidemical in all ranks, and that condition and observation are far from appeasing it.

Whether the discontent, thus general, is groundless, whether it is raised only by the false insinuations of the disappointed, and the wicked arts of the envious, whether it is, in exception to all the maxims of government, the first dislike of an administration that ever overspread a nation without just reasons, deserves to be inquired into.

In this inquiry, my lords, it will be necessary to consider not only the state of domestick affairs, increase or diminution of our debts, the security or violation of our liberties, the freedom or dependence of our senates, and the prosperity or declension of our trade, but to examine the state of this nation, with regard to foreign powers; to inquire, whether we are equally feared and equally trusted now as in former administrations; whether our alliances have contributed to secure us from our inveterate and habitual enemies, or to expose us to them; whether the balance of Europe be still in our hands; and whether, during this long interval of peace, our power has increased in the same proportion with that of our neighbours. France, my lords, is the constant and hereditary enemy of Britons, so much divided from her in religion, government, and interest, that they cannot both be prosperous together; as the influence of one rises, that of the other must, by consequence, decline. Alliances may form a temporal show of friendship, but it cannot continue; for their situation produces a natural rivalship, which every accidental circumstance has contributed to increase. Long wars, for many reigns after the conquest, established a radical and insuperable hatred between us, nor did those wars cease till the reformation produced new occasions of jealousy and aversion. France was, by these reasons, obliged for many ages to employ all her influence and policy in strengthening herself against us, by treaties and alliances; and in our times, has given us a new reason for jealousy by extending her commerce, and improving her manufactures.

It has been, therefore, my lords, the settled principle of every wise administration, of every Briton, whose opinions were not regulated by some other motives than those of reason, to attend, with the highest degree of vigilance, to all the designs of the French, and oppose, with incessant diligence, every attempt to increase their force, or extend their influence, and to check their conquests, obstruct their alliances, and forestal their trade.

For this great end it has been our constant endeavour to support the Austrian family, whose large dominions and numerous forces make a counterbalance on the continent to the power of France. For this end we entered into a long war, of which we still languish under the consequences, squandered the lives of our countrymen, and mortgaged the possessions of our posterity. For failing in the prosecution of this purpose, for leaving France too formidable, and neglecting the interests of the emperour, was the treaty of Utrecht censured, and the authors of it prosecuted by the present minister; but how much he has improved the errours of his predecessors to his own advantage, how diligent he has been to rectify the miscarriages of their conduct, and supply the defect, I shall endeavour to explain.

It is well known, my lords, that during the regency of the duke of Orleans, we had nothing to apprehend from French machinations; his interest, a tie which that nation is seldom found to break, held him steady to his engagements with us; nor is it less known how much he distrusted Spain, and how little, by consequence, he favoured her. We had, at that time, no necessity of anxiously attending to every whisper of the French court, which was sufficiently engaged in regulating their domestick affairs, and repairing the ruins of a destructive war; but, my lords, we ought to observe, that it had been happy for us had our minister laboured with equal address at the same employment.

After the death of this duke, the affairs of France were restored to their former situation, her old schemes were revived, her ancient alliances cultivated, and her general interest pursued. Spain was again considered as the power which had the same views with her, and which could never rival, but might always assist her.

This alliance, my lords, was intended to have been unalterably confirmed by a marriage, but as no human policy can form measures certain of success, an irreconcilable hatred was nearly produced by the measure intended to confirm a settled and indissoluble friendship. The infanta was sent back after her arrival in France, an affront which no nation would soon have forgot, but which the general character and habitual sentiments of the Spaniards inclined them to resent beyond any other people. To any one acquainted with their character in this respect, it will readily appear, that no other insult or injury could so sensibly affect them, or excite so eager a desire of revenge, This, my lords, the sagacity of our minister should have discovered, this opportunity should have been improved with the utmost care, by which Spain and France might possibly have been disunited for ages, and Britain have gained such advantages as would have made her the sole arbitress of Europe.

The Spaniards were not deficient on their side, nor did they neglect to court our friendship, but gave us the highest proof of their confidence by offering us the sole mediation of their differences with the emperour of Germany: but at this time it was, that the gentleman whose conduct I am examining, obtained the chief influence in our councils, and by his peculiar penetration discovered, that nothing was to be done which might give the least offence to the French. We, therefore, refused to mediate, unless French ministers might be associated with ours, which the Spaniards had too much spirit to consent to.

Thus, my lords, was neglected the first opportunity of forming against the French an alliance by which they might have been awed in all their designs, and by which the peace of Europe might have been long preserved.

The Spaniards, finding that we would not undertake to reconcile their differences with the emperour of Germany, and continuing their abhorrence of French mediators, concluded, without the intervention of any other power, a treaty both of peace and alliance with his imperial majesty.

This, my lords, was the famous treaty of Vienna, the source of so many projects and expedients, of so much terrour and solicitude, of such immense expenses, and perplexed negotiations. This treaty, a paper innocent and well-meaning, which related only to the contracting parties, kept, for some time, this nation in alarms, in apprehensions of conspiracies, and expectations of invasions.

To this treaty, had we singly regarded our own affairs, without applying to France for instructions, we ought to have acceded, by which we should have divided the interest of the house of Bourbon, broken the combination of these pontifical powers, and, by improving one lucky incident, obtained what our arms and our politicks had never, hitherto, been able to accomplish.

But the French, sensible of their danger, and well acquainted with our minister, contrived an expedient which, indeed, would not often have succeeded, but which was so well adapted to the intellects of this gentleman, that it extricated them from all their difficulties.

They told us, my lords, and, what is yet more wonderful, they prevailed upon us to believe, that in this dreadful treaty of Vienna, it was stipulated between the German emperour and Spain, that they should employ their joint forces against Britain, that they should exalt the pretender to the throne, take immediate possession of Gibraltar, and, without mercy, debar us for ever from our trade both in Spain and in the Western Indies. This his late majesty was advised to assert in his speech from the throne, which I desire may be read.

Of which the following clauses were read:

"My lords and gentlemen,

"The distressed condition of some of our religious brethren abroad, and the negotiations and engagements entered into by some foreign powers, which seem to have laid the foundation of new troubles and disturbances in Europe, and to threaten my subjects with the loss of several of the most advantageous branches of their trade, obliged me, without any loss of time, to concert with other powers such measures as might give a check to the ambitious views of those who are endeavouring to render themselves formidable, and put a stop to the farther progress of such dangerous designs. For these ends I have entered into a defensive alliance with the French king, and the king of Prussia, to which several other powers, and particularly the Dutch, have been invited to accede, and I have not the least reason to doubt of their concurrence. This treaty shall, in a short time, be laid before you.

"By these means, and by your support and assistance, I trust in God, I shall be able not only to secure to my own subjects the enjoyment of many valuable rights and privileges, long since acquired for them by the most solemn treaties, but effectually to preserve the peace and balance of Europe, the only view and end of all my endeavours.

"It is not to be doubted, but the enemies to my government will conceive hopes, that some favourable opportunity for renewing their attempts may offer, from the prospect of new troubles and commotions: they are already very busy by their instruments and emissaries in those courts whose measures seem most to favour their purposes, in soliciting and promoting the cause of the pretender; but I persuade myself, notwithstanding the countenance and encouragement they may have received, or flatter themselves with, the provision you shall make for the safety and defence of the empire, will effectually secure me from any attempts from abroad, and render all such projects vain and abortive.

"When the world shall see that you will not suffer the British crown and nation to be menaced and insulted, those who most envy the present happiness and tranquillity of this empire, and are endeavouring to make us subservient to their ambition, will consider their own interest and circumstances before they make any attempt upon so brave a people, strengthened and supported by prudent and powerful alliances, and though desirous to preserve the peace, able and ready to defend themselves against the efforts of all aggressors. Such resolutions and such measures, timely taken, I am satisfied, are the most effectual means of preventing a war, and continuing to us the blessings of peace and prosperity."

Who would not have been terrified, my lords, at a treaty like this? Our religion was to be destroyed, our government subverted, and our trade reduced to nothing. What could a ministry, thus intimidated, do, but resign themselves implicitly to the direction of a kind neighbour, that promised to shelter them from the storm?

There have been ministers, my lords, in former times, who, upon hearing such a representation, would have considered, that Britain was an island, that the pretender could not be forced upon us without an army, and that an army could not be transported without ships, that the emperour of Germany had neither navies nor ports, that Gibraltar might be easily supplied with every thing requisite for its defence, and that any attempt made by Spain to injure our trade, might easily be punished by intercepting their Plate fleets.

They would then have considered whether attempts so improbable, and stipulations so absurd and ridiculous, ought to be credited upon the information of an ambassadour's secretary, who, as he proposed to reveal his master's secrets for a bribe, might as probably take another reward for imposing upon those whom he pretended to inform. Those, therefore, who advised his majesty to assert to the senate what they knew from no better authority, those whose daring insolence could make their sovereign instrumental in alarming the people with false terrours, and oppressing them with unnecessary burdens, well deserve to feel a senatorial censure.

But our ministers, my lords, were too much frighted to make such reflections: they imagined that destruction was hanging over us, and, in a dread of arbitrary government, oppression, and persecution, concluded at Hanover a treaty with the French.

Thus the French gained our confidence, and raised in us a distrust of both the powers with whom it was our interest to be united: but the alliance of the emperour of Germany with Spain made them still uneasy; and, therefore, they determined, once more, to make our credulity instrumental in procuring a reconciliation between them and the Spaniards.

To effect this, they kindly gave us intelligence, that when the Spaniards should receive their treasures from the Western Indies, they designed to employ it in favour of the pretender, and that, therefore, it was necessary to intercept it. This advice was thankfully listened to, a fleet was fitted out, and thousands were sacrificed without any advantage; for the French not only forbore to assist us in the expedition, but forbade us to seize the treasure when we had found it.

The Spaniards, apprehending themselves attacked, omitted no opportunity of showing their resentment; they seized our ships, and laid siege to Gibraltar, while our new allies looked quietly on, and expected the event of their own scheme, which was far from being defeated by our policy; for the Spaniards, finding the return of their American revenues insuperably obstructed, and knowing that the emperour of Germany, that emperour who was to invade Britain, had not any power even to assist them, were obliged to have recourse to the nation which they then hated, and to forgive the past affront, that they might obtain their good offices in this exigence.

But, my lords, it was not sufficient for the designs of the French, that they had recovered their ancient allies the Spaniards, unless they could disunite them from the emperour of Germany: this it was, likewise, our interest to prevent, and yet this, likewise, we enabled them to effect; for they prevailed upon us to promise, in our stipulations with the Spaniards, what they had not the least claim to demand, that Spain, instead of neutral troops, should be introduced into Italy, to secure certain successions there to a son of the queen of Spain.

With what reluctance the emperour of Germany would consent to see troops placed in the provinces bordering upon his dominions, which would certainly, on the first occasion, be employed to invade them, it was easy to foresee, and with what degree of good-will he would regard those by whom they were introduced; yet, my lords, such was the influence of France, and so ardent our desire of diverting Spain from setting the pretender upon the throne of Britain, that we complied at all events, without any prospect or promise of advantage.

Thus were the Spaniards, by being persuaded to make this demand, and we, by granting it, brought equally to ill terms with the emperour of Germany; and France was, by procuring such agreeable conditions to the Spaniards, again considered as their most useful ally.

That nation, my lords, is in a very unhappy state, which is reduced to admit such terms as mediators are pleased to prescribe. We durst not refuse the introduction of Spanish troops, nor durst we introduce them without the emperour of Germany's consent, which, however, he granted at an easy rate, for he demanded only that we should become guarantees of the Pragmatick sanction. This we gladly agreed to, and thought ourselves so happy in purchasing, so cheaply, an opportunity of ingratiating ourselves with Spain, that we desired no other recompense.

This treaty with the emperour of Germany, was, however, by no means improper, nor could we, after the errours which had been committed, do any thing more effectual to preserve the balance of Europe, and reestablish our credit.

But, my lords, this only treaty, which it was for our interest to make, seems to have been made without any intention of observing it; for about this time all the northern powers were alarmed by the approaching election of Poland, and every nation that had any thing either to hope or fear from the event of it, endeavoured to influence it.

How this election was determined, my lords, and by what means, it is unnecessary to relate; but it may not be improper to remark, that whatever cause we may have to congratulate ourselves upon the choice, it does not appear that we had any part in promoting it. Nay, as it is not common for ministers to keep the best part of their conduct secret, there is reason for suspecting that they were not altogether without foundation reported to have favoured France.

The emperour of Germany, sensible of his own interest, promoted the election with vigour and resolution, proportioned to the greatness of the danger that might have arisen from neglecting it. By this conduct he drew upon himself the resentment of the French, who had now a pretence for taking measures which might effectually reunite them to Spain, and, as the event showed, alienate us from the emperour, and, therefore, in vindication of the claim of Stanislaus, declared war upon Germany, in conjunction with Spain.

Now, my lords, the emperour learned to set the true value upon his alliance with Britain, and all Europe had an opportunity of remarking our spirit, our power, and our vigilance. The troops which we prevailed upon his imperial majesty to admit into Italy, were now drawn out of the garrisons against him, his dominions were attacked on each side, by formidable enemies, and his British allies looked with tranquillity and unconcern upon the difficulties into which they had betrayed him. The liberties of Europe were endangered by a new combination of the houses of Bourbon; and Britain, the great protectress of the rights of mankind, the great arbitress of the balance of power, either neglected or feared to interpose.

Of the event of the war, my lords, I need only observe, that it added new strength to France, and contributed to such an union between her and Spain, as the most artful politician cannot hope to dissolve.

Thus, my lords, whether by negligence, ignorance, cowardice, or treachery, it is not easy to determine, we were made the instruments of the French policy. Thus was that power enabled by our assistance to retrieve all that she had lost by the ill success of her arms, and by her indecent and contemptuous treatment of Spain. Thus was the German emperour dispirited and weakened; thus were we deprived at once of our allies and our reputation.

Our loss of reputation, the greatest loss that bad measures can bring upon a nation, is made evident beyond controversy, by the insolence with which the Spaniards have treated us while we were flattering, enriching, and supporting them. While we were fitting out squadrons to convey their princes to Italy, and increasing their dominions at our own expense, they seem to have considered our good offices, not as the benefits of friends, but the drudgery of slaves, and, therefore, could scarcely refrain from insults while they employed us, at least when they no longer wanted our immediate assistance. They renewed their contempt and cruelty, their robberies and oppressions; they prescribed laws to our navigation, and laid claim to our colonies.

To these ravages and injuries what did we oppose? What but humble intreaties, pacifick negotiations, and idle remonstrances? Instead of asserting our just claims, and incontestable possessions, instead of preventing war by threatening it, and securing ourselves from a second injury by punishing the first, we amused ourselves with inquiries, demands, representations, and disputes, till we became the jest of that nation which it was in our power to distress, by intercepting their treasure, and to reduce to terms almost without bloodshed.

Thus, my lords, did we proceed, new questions ever arose, and the controversy became more intricate; commissaries were despatched to Spain, who returned without obtaining either restitution or security, and in the mean time no opportunity was neglected of plundering our merchants, and insulting our flag: accounts of new confiscations and of new cruelties daily arrived, the nation was enraged, and the senate itself alarmed, and our ministers, at length awakened from their tranquillity, sent orders to the envoy at the Spanish court to expedite an accommodation; these directions were immediately obeyed, and produced the celebrated convention.

What was given up, or what was endangered by this detestable treaty, your lordships have often had occasion to observe, and the consequences of it were so obvious, that the nation was astonished. Every man saw that we were either treacherously betrayed by our own ministry, or that the ministers were almost the only men in the kingdom utterly unacquainted with our claims, our injuries, and our danger.

A war could now no longer be avoided, it was not in the power of the ministry any longer to refuse to send out our fleets, and make an appearance of hostile measures; but they had still some expedients remaining to shelter the Spaniards from our resentment, and to make their country yet more contemptible: they could contrive such orders for their admirals as should prevent them from destroying their enemies with too little mercy; and if any one was suspected of intentions less pacifick, there were methods of equipping his fleet in such a manner as would effectually frustrate his schemes of revenge, reprisals, and destruction.

These, my lords, are not the murmurs of the disappointed, nor the insinuations of the factious; it is well known to our countrymen and to our enemies, how ill admiral Vernon was furnished with naval and military stores, and how little his importunate demands of a supply were regarded. What opportunities were lost, and what advantages neglected, may be conjectured from the success of his inconsiderable force. A very little reflection on the situation and state of those countries will easily satisfy your lordships, how far a small body of land-forces might have penetrated, what treasures they might have gained, and what consternation they might have spread over the whole Spanish America.

That our squadrons in the Mediterranean have been, at least, useless, that they have sailed from point to point, and from one coast to another, only to display the bulk of our ships, and to show the opulence of our nation, can require no proof: I wish, my lords, there was less reason for suspecting that they acted in concert with our enemies, that they retired from before their ports only to give them an opportunity of escaping, and that they, in reality, connived at some attempts which they were, in appearance, sent to prevent.

There are some miscarriages in war, my lords, which every reasonable man imputes to chance, or to causes of which the influence could not be foreseen; there are others that may justly be termed the consequences of misconduct, but of misconduct involuntary and pardonable, of a disregard, perhaps, of some circumstances of an affair produced by too close an attention to others. But there are miscarriages, too, for which candour itself can find no excuses, and of which no other causes can be assigned than cowardice or treachery. From the suspicion of one, the past actions of the admiral who commands our fleet in those seas will secure him, but I know not whether there are now any that will attempt to clear the minister's character from the imputation of the other.

All the insolence of the Spaniards, a nation by no means formidable, is the consequence of the reunion of the houses of Bourbon; a reunion which could not easily have been accomplished, but by the instrumental offices of our ministry, whom, therefore, the nation has a right to charge with the diminution of its honour, and the decay of its trade.

Nor has our trade, my lords, been only contracted and obstructed by the piracies of Spain, but has been suffered to languish and decline at home, either by criminal negligence, or by their complaisance for France, which has given rise to our other calamities. The state of our woollen manufactures is well known, and those whose indolence or love of pleasure keeps them strangers to the other misfortunes of their country, must yet have been acquainted with this, by the daily accounts of riots and insurrections, raised by those who, having been employed in that manufacture, can provide for their families by no other business, and are made desperate by the want of bread.

We are told, my lords, by all parties, and told with truth, that our manufactures decline, because the French have engrossed most of the foreign markets; and it is not denied even by those whose interest it might be to' deny it, that the cloth which they ruin us by vending, is made of our own wool, which they are suffered to procure either by the folly of an unskilful, or the connivance of a treacherous administration.

If our own manufactures, my lords, had been carefully promoted, if the whole influence of our government had been made to cooperate with the industry of our traders, there had always been such a demand for our wool, that they could not have afforded to purchase it at a price equivalent to the danger of exporting it: and if any means were now steadily practised to prevent the exportation, our trade must consequently revive, because cloth is one of the necessaries of life which other nations must have from Britain, when France can no longer supply them.

But, my lords, notwithstanding the decay of trade, our expenses have never been contracted; we have squandered millions in idle preparations, and ostentatious folly; we have equipped fleets which never left the harbour, and raised armies which were never to behold any other enemy than the honest traders and husbandmen that support them. We have, indeed, heard many reasons alleged for oppressing the empire with standing troops, which can have little effect upon those who have no interest to promote by admitting them: sometimes we are in danger of invasions, though it is not easy to imagine for what purpose any prince should invade a nation, which he may plunder at pleasure, without the least apprehension of resentment, and which will resign any of its rights whenever they shall be demanded: sometimes, as we have already heard, the pretender is to be set upon the throne by a sudden descent of armies from the clouds; and sometimes the licentiousness and disobedience of the common people requires the restraint of a standing army.

That the people are, to the last degree, exasperated and inflamed, I am far from intending to deny, but surely they have yet been guilty of no outrage so enormous as to justify so severe a punishment; they have generally confined themselves to harmless complaints, or, at least, to executions in effigy. The people, my lords, are enraged because they are impoverished, and, to prevent the consequences of their anger, their poverty is increased by new burdens, and aggravated by the sight of an useless, despicable herd, supported by their industry, for no other purpose than to insult them.

By these useless armaments and military farces, our taxes, my lords, have been continued without diminishing our debts, and the nation seems condemned to languish for ever under its present miseries, which, by furnishing employment to a boundless number of commissioners, officers, and slaves, to the court, under a thousand denominations, by diffusing dependence over the whole country, and enlarging the influence of the crown, are too evidently of use to the minister for us to entertain any hopes of his intention to relieve us.

Let it not be boasted that nine millions are paid, when a new debt of seven millions appears to be contracted; nothing is more easy than to clear debts by borrowing, or to borrow when a nation is mortgaged for the payment.

But the weight of the present taxes, my lords, though heavier than was perhaps ever supported by any nation for so long a time, taxes greater than ever were paid, to purchase neither conquests nor honours, neither to prevent invasions from abroad, nor to quell rebellions at home, is not the most flagrant charge of this wonderful administration, which, not contented with most exorbitant exactions, contrives to make them yet more oppressive by tyrannical methods of collection. With what reason the author of the excise scheme dreads the resentment of the nation is sufficiently obvious; but surely, in a virtuous and benevolent mind, the first sentiments that would have arisen on that occasion, would not have been motions of anger, but of gratitude. A whole nation was condemned to slavery, their remonstrances were neglected, their petitions ridiculed, and their detestation of tyranny treated as disaffection to the established government; and yet the author of this horrid scheme riots in affluence, and triumphs in authority, and without fear, as without shame, lifts up his head with confidence and security.

How much, my lords, is the forbearance of that people to be admired, whom such attacks as these have not provoked to transgress the bounds of their obedience, who have continued patiently to hope for legal methods of redress, at a time when they saw themselves threatened with legal slavery, when they saw the legislative power established only for their protection, influenced by all possible methods of corruption to betray them to the mercy of the ministry?

For, that corruption has found its way into one of the houses of the legislature, is universally believed, and, without scruple, maintained by every man in the nation, who is not evidently restrained from speaking as he thinks; and that any man can even be of a different opinion, that any man can even affirm that he thinks otherwise, would be, in any other age, the subject of astonishment. That an immense revenue is divided among the members of the other house, by known salaries and publick employments, is apparent; that large sums are privately scattered on pressing exigencies, that some late transactions of the ministry were not confirmed but at a high price, the present condition of the civil list, a civil list vastly superiour to all the known expenses of the crown, makes highly probable. That the commons themselves suspect the determinations of their assembly to be influenced by some other motives than justice and truth, is evident from the bill this day sent hither for our concurrence; and, surely, no aggravation can be added to the crimes of that man who has patronised our enemies, and given up our navigation, sunk his country into contempt abroad, and into poverty at home, plundered the people, and corrupted the legislature.

But, my lords, the minister has not only contributed, by his wickedness or his ignorance, to the present calamities, but has applied all his art and all his interest to remove from posts of honour and trust, to banish from the court, and to exclude from the legislature all those whose counsels might contribute to restore the publick affairs, without any regard to the popularity of their characters, the usefulness of their talents, or the importance of their past services to the crown. Had any of these considerations prevailed, we had not seen the greatest general in Britain dispossessed of all his preferments, dispossessed at a time when we are at war with one nation, and in expectation of being attacked by another far more powerful, which will, doubtless, be encouraged, by his removal, to more daring contempt, and more vigorous measures.

What were the motives of this procedure it is easy to discover. As his open defence of the present royal family in the late rebellion, exempts him from the imputation of being disaffected to the crown, the only crime with which he can be charged is disaffection to the minister.

Perhaps, my lords, the minister may have determined to have no need of generals in his transactions with foreign powers; but in proportion as he relies less upon the sword, he must depend more upon the arts of peaceable negotiation, and, surely, there has been another person dismissed from his employments, whose counsels it had been no reproach to have asked, and to have followed.

The nature of my motion, my lords, makes it not necessary to produce evidence of these facts, it is sufficient that any minister is universally suspected; for when did an innocent man, supported by power, and furnished with every advantage that could contribute to exalt or preserve his character, incur the general hatred of the people? But if it could ever happen by a combination of unlucky accidents, what could be more for the happiness of himself, his master, and the nation, than that he should retire and enjoy the consciousness of his own virtue.

His own interest, in such a retirement, I have already considered, and that both of the prince and the people is no less apparent: while a hated minister is employed, the king will always be distrusted by the nation, and, surely, nothing can so much obstruct the publick happiness, as a want of confidence in those who are intrusted with its preservation.

That common fame is, in this case, sufficient, will not be questioned, when it is considered that common fame is never without a foundation in facts, that it may spread disquiet and suspicion over all the kingdom, and that the satisfaction of millions is very cheaply purchased by the degradation of one man, who was exalted only for their benefit.

The objection, that there is no sole minister, will create no greater difficulty; if there be many concerned in these transactions, respondeat superior: but it is too apparent that there is, in reality, one whose influence is greater than that of any other private man, and who is arrived at a height not consistent with the nature of the British government; it is uncontested that there is one man to whom the people impute their miseries, and by whose removal they will be appeased.

The affairs of Europe, my lords, will probably be so much embarrassed, and the struggles between the different designs of its princes be so violent, that they will demand all our attention, and employ all our address, and it will be to the highest degree dangerous to be distracted at the same time with apprehensions of domestick troubles; yet, such is the present unhappy state of this nation, and such is the general discontent of the people, that tranquillity, adherence to the government, and submission to the laws, cannot reasonably be hoped, unless the motion I shall now take leave to make your lordships, be complied with: and I move, "That an humble address be presented to his majesty, most humbly to advise and beseech his majesty, that he will be most graciously pleased to remove the right honourable sir Robert WALPOLE, knight of the most noble order of the blue riband, first commissioner of his majesty's treasury, and chancellor of the exchequer, and one of his majesty's most honourable privy council, from his majesty's presence and councils for ever."

He was seconded by lord ABINGDON in the following manner:--My lords, the copiousness and perspicuity with which the noble lord has laid down the reasons of his motion, make it neither easy nor necessary to enlarge upon them. I shall, therefore, only offer to your lordships a few thoughts upon the authority of common fame, as the evidence upon which the motion is in part founded.

That all the miscarriages of our late measures are by common fame imputed to one man, I suppose, will not be denied; nor can it, in my opinion, be reasonably required, that in the present circumstances of things any other proof should be brought against him.

Common fame, my lords, is admitted in courts of law as a kind of auxiliary or supplemental evidence, and is allowed to corroborate the cause which it appears to favour. The general regard which every wise man has for his character, is a proof that in the estimation of all mankind, the testimony of common fame is of too great importance to be disregarded.

If we consider the nature of popular opinions on publick affairs, it will be difficult to imagine by what means a persuasion not founded on truth should universally take possession of a people; it will be yet more difficult to believe that it should preserve its empire, and that in opposition to every art that can be made use of to undeceive them, they should pertinaciously adhere to an errour not imbibed in their education, nor connected with their interest. And how has any man been originally prejudiced against the present minister? Or what passion or interest can any man gratify, by imagining or declaring his country on the verge of ruin? The multitude, my lords, censure and praise without dissimulation, nor were ever accused of disguising their sentiments; their voice is, at least, the voice of honesty, and has been termed the voice of heaven, by that party of which those affect to be thought whom it now condemns.

Let it not be urged, that the people are easily deceived, that they think and speak merely by caprice, and applaud or condemn without any calm inquiry or settled determination; these censures are applicable only to sudden tumults, and gusts of zeal excited by fallacious appearances, or by the alarms of a false report industriously disseminated, but have no relation to opinions gradually propagated, and slowly received.

If the credulity of the people exposes them to so easy an admission of every report, why have the writers for the minister found so little credit? Why have all the loud declamations, and the laboured arguments, the artful insinuations, and positive assertions, which have been for many years circulated round the nation, at the expense of the government, produced no effect upon the people, nor convinced any man, who was not apparently bribed, to resign his private opinion to that of his patrons? Whence comes it, my lords, that falsehood is more successful than truth, and that the nation is inclined to complain rather than to triumph? It is well known that the people have been charged in all former ages, with being too much dazzled by the glitter of fortune, and the splendour of success, and bestowing their applauses not according to the degrees of merit, but prosperity. The minister, my lords, has defeated his opponents in almost all their attempts; his friends have sounded victory every session, and yet the people declare against him; his adversaries have retired into the country with all the vexation of disappointment, and have been rewarded for their unsuccessful efforts with general acclamations. What is it, my lords, but the power of truth, that can preserve the vanquished from ridicule, and influence the nation to believe them the only patrons of their commerce and liberty, in opposition to all the writers and voters for the ministry?

If we consult history, my lords, how seldom do we find an innocent minister overwhelmed with infamy? Innocent men have sometimes been destroyed by the hasty fury, but scarcely ever by the settled hatred of the populace. Even that fury has generally been kindled by real grievances, though imputed to those who had no share in producing them; but when the tempest of their first rage has subsided, they have seldom refused to hear truth, and to distinguish the patriot from the oppressor.

But though it should be acknowledged, my lords, that the people have been blinded by false representations, and that some causes yet undiscovered, some influence which never has been known to operate in any state before, hinder them from beholding their own felicity; yet, as publick happiness is the end of government, and no man can be happy that thinks himself miserable, it is, in my opinion, necessary to the honour of his majesty, and to the tranquillity of the nation, that your lordships should agree to the present motion.

The duke of NEWCASTLE answered to this effect:--My lords, it is not without wonder that I hear a motion so uncommon and important, a motion which may be reasonably supposed to have been long premeditated, and of which such affecting expectations have been raised, so weakly supported by evidence. I cannot think that any other attestation is needful for the vindication of the right honourable gentleman, whose conduct is this day to be examined, than the declaration of the noble lord, that there appears no positive evidence against him.

The pretence that no evidence can be expected while he continues in his present station, is too openly fallacious to impose upon your lordships; for why should his influence be greater, and his power less resistible than that of other ministers, who are well known to have found accusers in the height of their authority, and to have been dragged to punishment almost from behind the throne?

It is sufficiently known, that during the continuance of this administration, many have been dismissed from their employments, who appear not altogether unaffected with the loss, and from whose resentment a discovery of wicked measures might be reasonably expected, as their acquaintance with the secrets of the government must have given opportunities of detecting them. If, therefore, no particular crimes are charged upon him, if his enemies confine themselves to obscure surmises, and general declamations, we may reasonably conclude, that his behaviour has been at least blameless. For what can be a higher encomium than the silence of those who have made it the business of years to discover something that might be alleged against him on the day of trial.

I suppose that no man can question the penetration of those noble lords who have opened this debate, and I, my lords, shall be very far from insinuating that cowardice suppresses any of their sentiments. As the highest reproach that can be thrown upon any man, is to suggest that he speaks what he does not think; the next degree of meanness would be to think what he dares not speak, when the publick voice of his country calls upon him.

When, therefore, popular reports are alleged as the foundation of the address, it is probable that it is not founded, in reality, upon known crimes or attested facts, and if the sudden blasts of fame may be esteemed equivalent to attested accusations, what degree of virtue can confer security?

That the clamour is so loud and so general as it is represented, I can discover no necessity of admitting; but, however the populace may have been exasperated against him, we are surely not to be influenced by their complaints, without inquiring into the cause of them, and informing ourselves whether they proceed from real hardships, unnecessary severities, and calamities too heavy to be borne, or from caprice, and inconstancy, idle rumours, and artful representations.

I very readily allow, my lords, that nothing has been left unattempted that might fill the people with suspicion and discontent. That inevitable calamities have been imputed to misconduct, or to treachery, and even the inconstancy of the winds and severity of the weather charged upon the right honourable gentleman, the daily libels that are in every man's hand, are a standing evidence; and though I should grant that the people never complain without cause, and that their burdens are always heavy before they endeavour to shake them off, yet it will by no means follow, that they do not sometimes mistake the cause of their miseries, and impute their burdens to the cruelty of those whose utmost application is employed to lighten them.

Common fame is, therefore, my lords, no sufficient ground for such a censure as this, a censure that condemns a man long versed in high employments, long honoured with the confidence of his sovereign, and distinguished by the friendship of the most illustrious persons in the nation, to infamy and contempt, unheard, and even unaccused; for he against whom nothing is produced but general charges, supported by the evidence of common fame, may be justly esteemed to be free from accusation.

That other evidence will appear against him when he shall be reduced, in consequence of our agreeing to this motion, to the level with his fellow-subjects, that all informations are now precluded by the terrours of resentment, or the expectations of favour, has been insinuated by the noble lord, who made the motion: whether his insinuation be founded only upon conjecture, whether it be one of those visions which are raised by hope in a warm imagination, or upon any private informations communicated to his lordship, I pretend not to determine; but if we may judge from the known conduct of the opposition, if we consider their frequent triumphs before the battle, and their chimerical schemes of discoveries, or prosecutions and punishments, their constant assurance of success upon the approach of a new contest, and their daily predictions of the ruin of the administration, we cannot but suspect that men so long accustomed to impose upon themselves, and flatter one another with fallacious hopes, may now, likewise, be dreaming of intelligence which they never will receive, and amusing themselves with suspicions which they have no reasonable expectation of seeing confirmed.

And to confess the truth, my lords, if I may be allowed, in imitation of these patrons of their country, to indulge my own imagination, and presume to look forward to the future conduct of those who have exerted such unwearied industry in their attempts upon the administration, and so long pursued the right honourable gentleman with inquiries, examinations, rhetorick, and ridicule, I cannot but find myself inclined to question whether, after their motion shall have been received in this house, and their petition granted by his majesty, they will very solicitously inquire after evidence, or be equally diligent in the discovery of truth, as in the persecution of the minister.

I am afraid, my lords, that they will be too deeply engaged in the care of making a dividend of the plunder in just proportions, to find leisure for pursuit of the enemy, and that the sight of vacant posts, large salaries, and extensive power, will revive some passions, which the love of their country has not yet wholly extinguished, and leave in their attention no room for deep reflections, and intricate inquiries. There have formerly, my lords, been patriots, who, upon a sudden advancement to a place of profit, have been immediately lulled into tranquillity, learned to repose an implicit confidence in the ministers, forgotten to harangue, threaten, inquire, and protest, and spent the remaining part of their lives in the harmless amusement of counting their salaries, perquisites, and gratuities.

How great, my lords, would be the disappointment of the people, that unhappy people which has been long neglected and oppressed, which so justly detests the minister, and calls so loudly for vengeance, when they shall see their defenders remit the vigour of the pursuit, when once the minister flies before them, and instead of driving him into exile, contend about his places!

Unhappy then surely, my lords, would the nation be: the administration, we are told, is already universally abhorred, and its hope is only in the opposition; but should the zeal of the patriots once grow cold, should they discover to the publick, that they have been labouring not for general liberty, but for private advantage; that they were enemies to power only because it was not in their hands; and disapproved the measures of the government only because they were not consulted; how inevitably must the people then sink into despair; how certain must they then imagine their destruction?

It seems, therefore, my lords, equally prudent and just to reject this motion, till better proof shall be brought to support it; lest, by complying with it, we should heighten rather than appease the discontent of the people; lest we should too soon deprive them of their only consolation, and expose the patriots to censure, without vindicating the ministry.

In my opinion, my lords, all who have approved the conduct of the present ministry, must necessarily join in rejecting the motion, as cruel and unequitable, and incline to support a just, and continue a wise administration; and all those whom the restless clamours of the opposite party have persuaded to regard them as arbitrary, corrupt, and perfidious, must, if they are true friends to their country, and steady exacters of justice, resolve to defer their compliance, in order to bring to light the evidences necessary for a legal conviction, and severer punishment.

That these evidences will never be found, and that, therefore, no legal punishment will ever be inflicted, we may reasonably collect from the injustice of the laboured charge which your lordships have now heard; a charge drawn up with all the assistance of senatorial and political knowledge, and displayed with all the power of eloquence, a collection of every occurrence for many years, of which any circumstance could be shown in an unfavourable light, and a recapitulation of all the measures which have miscarried by unforeseen events, or which the populace have been persuaded to dislike.

In the administration of governments, my lords, many measures reasonable and just, planned out in pursuance of a very exact knowledge of the state of things then present, and very probable conjectures concerning future events, have yet failed to produce the success which was expected; they have been sometimes defeated by the inconstancy or dishonesty of those who are equally engaged in them, and sometimes frustrated by accidents, of which only providence has the disposal. It will even be allowed, my lords, that the ministry have been sometimes mistaken in their conjectures, and, perhaps, deceived by their intelligence, but I will presume to say, it never will be discovered that they willingly betrayed, or heedlessly neglected their trust, that they ever oppressed their country with unnecessary burdens, or exposed it to be insulted by foreign powers. Nor will it, perhaps, be found that they ever appeared grossly ignorant of the publick interest, or failed to discover any obvious truth, or foresee any probable contingencies.

But, my lords, I am willing to confess that they cannot judge of events to come with such unerring and demonstrative knowledge as their opponents can obtain of them after they have happened; and they are inclined to pay all necessary deference to the great sagacity of those wonderful prognosticators, who can so exactly foresee the past. They only hope, my lords, that you will consider how much harder their task is than that of their enemies; they are obliged to determine very often upon doubtful intelligence, and an obscure view of the designs and inclinations of the neighbouring powers; and as their informers may be either treacherous or mistaken, and the interests of other states are subject to alterations, they may be sometimes deceived and disappointed. But their opponents, my lords, are exempt, by their employment, from the laborious task of searching into futurity, and collecting their resolutions, from a long comparison of dark hints and minute circumstances. Their business is not to lead or show the way, but to follow at a distance, and ridicule the perplexity, and aggravate the mistakes of their guides. They are only to wait for consequences, which, if they are prosperous, they misrepresent as not intended, or pass over in silence, and are glad to hide them from the notice of mankind. But if any miscarriages arise, their penetration immediately awakes, they see, at the first glance, the fatal source of all our miseries, they are astonished at such a concatenation of blunders, and alarmed with the most distracting apprehensions of the danger of their country.

Accusation of political measures is an easy province; easy, my lords, in the same proportion as the administration of affairs is difficult; for where there are difficulties there will be some mistakes; and where there are mistakes, there will be occasions of triumph, to the factious and the disappointed. But the justice of your lordships will certainly distinguish between errours and crimes, and between errours of weakness and inability, and such as are only discoverable by consequences.

I may add, my lords, that your wisdom will easily find the difference between the degree of capacity requisite for recollecting the past, and foreknowing the future; and expect that those whose ambition incites them to endeavour after a share in the government of their country, should give better proofs of their qualifications for that high trust, than mere specimens of their memory, their rhetorick, or their malice.

Even the noble lord, who must be confessed to have shown a very extensive acquaintance with foreign affairs, and to have very accurately considered the interests and dispositions of the princes of Europe, has yet failed in the order of time, and by one errour very much invalidated his charge of misconduct in foreign affairs.

The treaty of Vienna, my lords, was not produced by the rejection of the infanta, unless a treaty that was made before it could be the consequence of it; so that there was no such opportunity thrown into our hands as the noble lord has been pleased to represent. Spain had discovered herself our enemy, and our enemy in the highest degree, before the French provoked her by that insult; and, therefore, how much soever she might be enraged against France, there was no prospect that she would favour us, nor could we have courted her alliance without the lowest degree of meanness and dishonour.

See then, my lords, this atrocious accusation founded upon false dates, upon a preposterous arrangement of occurrences; behold it vanish into smoke at the approach of truth, and let this instance convince us how easy it is to form chimerical blunders, and impute gross follies to the wisest administration; how easy it is to charge others with mistakes and how difficult to avoid them.

But we are told, my lords, that the dangers of the confederacy at Vienna were merely imaginary, that no contract was made to the disadvantage of our dominions, or of our commerce, and that if the weakness of the Spaniards and Germans had contrived such a scheme, it would soon have been discovered by them to be an airy dream, a plan impossible to be reduced to execution.

We have been amused, my lords, on this occasion with great profusion of mirth and ridicule, and have received the consolation of hearing that Britain is an island, and that an island is not to be invaded without ships. We have been informed of the nature of the king's territories, and of the natural strength of the fortress of Gibraltar; but the noble lord forgot that though Britain has no dominions on the continent, yet our sovereign has there a very extensive country, which, though we are not to make war for the sake of strengthening or enlarging it, we are, surely, to defend when we have drawn an invasion upon it.

The weakness of the Spaniards, my lords, has been also much enlarged upon, but the strength of the jacobites at home has been passed over in silence, though it is apparent how easily the pretender might have landed here, and with what warmth his cause would have been espoused, not only by those whose religion avowed and professed makes them the enemies of the present royal family, but by many whom prospects of interest, the love of novelty, and rage of disappointment, might have inclined to a change.

That no such stipulations were made by that treaty, that no injury was intended to our commerce, nor any invasion proposed in favour of the pretender, are very bold assertions, and though they could be supported by all the evidence that negatives admit of, yet will not easily be believed by your lordships, in opposition to the solemn assurances of his late majesty. It is evident, from this instance, how much prejudice prevails over argument; they are ready to condemn the right honourable gentleman to whom they give the title of sole minister, upon the suffrage of common fame, yet will not acquit him upon the testimony of the king himself.

But, my lords, the arguments alleged to prove the improbability of such a confederacy, are so weak in themselves, that they require no such illustrious evidence to overbalance them. For upon what are they founded, but upon the impossibility of executing such designs?

It is well known, my lords, how differently different parties consider the same cause, the same designs, and the same state of affairs. Every man is partial in favour of his own equity, strength, and sagacity. Who can show that the same false opinion of their own power, and of our intestine divisions, which now prompts the Spaniards to contend with us, might not then incite them to invade us, or at least to countenance the attempts of one, whom they are industriously taught to believe the greatest part of the nation is ready to receive?

That they might have injured our trade is too evident from our present experience, and that they would have supported the Ostend company, which they espoused in an open manner, is undeniable. Nor is it in the least unlikely, that, elated with the certain power of doing much mischief, and with the imaginary prospects of far greater effects, they might engage in a confederacy, and farther attempts against us.

I am far from imagining, my lords, that it was in the power of the Germans and Spaniards united to force the pretender upon us, though we had stood alone against them; but the impossibility of succeeding in their design was not then so apparent to them as it is at present to us; they had many reasons to wish, and therefore would not be long without some to believe it practicable; and it was not the danger but the insult that determined his late majesty to enter into an alliance with France.

War, my lords, is always to be avoided, if the possessions and reputation of a people can be preserved without it; it was, therefore, more eligible to oblige them to lay aside their scheme while it was yet only in idea, than to defeat it in its execution. And an alliance with France effectually restrained the emperour, as our fleets in America reduced the Spaniards to desire peace.

Why we did not seize the cargo of the galleons, has been often asked, and as often such answers have been returned as ought to satisfy any rational examiner. We did not seize them, my lords, because a larger part belonged to other nations than to the Spaniards, and because the interests of our trade made it convenient not to exasperate the Spaniards, so far as to render a reconciliation very difficult.

In the terms of this reconciliation, my lords, it is charged upon the ministry, that they were guilty of contributing to the power of the house of Bourbon, by stipulating that Spain, instead of neutral troops, should be introduced into Italy. That those troops were less agreeable to the emperour cannot be denied, but it has already been shown how little reason we had to consult his satisfaction; and with regard to the advantages gained by the French and Spaniards in the late war, a very small part of them can be ascribed to six thousand troops.

With as little reason, my lords, is the charge advanced of neglecting to preserve the balance of Europe, by declining to assist the emperour against the French; for the intention of the war seems to have been rather revenge than conquest, and the emperour rather exchanged than lost his dominions.

That we declined engaging too far in the affairs of the continent, proceeded, my lords, from a regard to the trade of the nation, which is not only suspended and interrupted during the time of war, but often thrown into another channel, out of which it is the business of many years to recover it.

Nor have the ministry, my lords, deviated from their regard to trade, in their transactions with Spain, which have been the subject of so much clamour, and such pathetick declamations; they always knew what the nation now feels, that the merchants would suffer much more from a war than from piracies and depredations, which, however, they were far from submitting to, and for which they constantly made demands of satisfaction. To these demands they received such answers, as, if they had been sincere, would have left the nation no room to complain; but when it was discovered that nothing but verbal satisfaction was to be expected, the security of our trade, and the honour of our country, demanded that war should be declared.

The conduct of the war, my lords, has been frequently the subject of censure; we are told of the inactivity of one fleet, and the imperfect equipment of another, the escape of our enemies, and the interception of our trading ships. War, my lords, is confessed to be uncertain, and ill success is not always the consequence of bad measures: naval wars are by the nature of the element on which they are to be conducted, more uncertain than any other; so that, though it cannot but be suspected that the common people will murmur at any disappointment, call every misfortune a crime, and think themselves betrayed by the ministry, if Spain is not reduced in a single summer, it might be reasonably hoped, that men enlightened by a long familiarity with the accounts of past, and instructed by personal experience in national transactions, will produce stronger arguments than want of success, when they charge the ministry with misconduct in war.

But, my lords, they have not any misfortunes to complain of; nor is the accusation, that we have been defeated ourselves, but that we have not enough molested our enemies. Of this, my lords, it is not easy to judge, at a distance from the scene of action, and without a more accurate knowledge of a thousand minute circumstances, which may promote or retard a naval expedition. It is undoubtedly true, my lords, that many of our merchant ships have been taken by the enemy; but it is not certain that they do not murmur equally that they have been obstructed in their commerce, and have been so little able to interrupt ours, since they have so many advantages from the situation of their coasts. When we reckon those that are lost, let us not forget to number those that have escaped. If admiral Vernon's fleet was ill provided with arms and ammunition, even then, let all censure be suspended till it can be proved that it was ill furnished by the fault of the ministry.

Nothing is more common, my lords, in all naval wars, than sudden changes of fortune; for on many occasions an accidental gust of wind, or unexpected darkness of the weather, may destroy or preserve a fleet from destruction, or may make the most formidable armaments absolutely useless; and in the present disposition of some people towards the ministry, I should not wonder to hear an alteration of wind charged upon them.

For what objections may they not expect, my lords, when all the disadvantages which the nation suffers from the enemies of his majesty, are imputed to them; when daily endeavours are used to make them suspected of favouring arbitrary power, for maintaining an army which nothing has made necessary but the struggles of those men whose principles have no other tendency than to enslave their country. Let not our domestick animosities be kept alive and fomented by a constant opposition to every design of the administration, nor our foreign enemies incited by the observation of our divisions, to treat us with insolence, interrupt our trade, prescribe bounds to our dominions, and threaten us with invasions--and the army may safely be disbanded.

For the ministry, my lords, are not conscious of having consulted any thing but the happiness of the nation, and have, therefore, no apprehensions of publick resentment, nor want the protection of an armed force. They desire only the support of the laws, and to them they willingly appeal from common fame and unequitable charges.

I mention the ministry, my lords, because I am unacquainted with any man who either claims or possesses the power or title of sole minister. I own, in my province, no superiour but his majesty, and am willing and ready to answer any charge which relates to that part of the publick business which I have had the honour to transact or direct.

A great part of what I have now offered was, therefore, no otherwise necessary on the present occasion, than because silence might have appeared like a consciousness of misconduct, and have afforded a new subject of airy triumph to the enemies of the administration; for very few of the transactions which have been so severely censured, fell under the particular inspection of the right honourable gentleman against whom the motion is levelled; he was not otherwise concerned in counselling or in ratifying, than as one of his majesty's privy council; and, therefore, though they should be defective, I do not see how it is reasonable or just, that he should be singled out from the rest for disgrace or punishment.

The motion, therefore, my lords, appears to me neither founded on facts, nor law, nor reason, nor any better grounds than popular caprice, and private malevolence.

If it is contrary to law to punish without proof; if it is not agreeable to reason that one should be censured for the offences of another; if it is necessary that some crime should be proved before any man can suffer as a criminal, then, my lords, I am convinced that your lordships will be unanimous in rejecting the motion.

The duke of ARGYLE spoke next, as follows:--My lords, if we will obstinately shut our eyes against the light of conviction; if we will resolutely admit every degree of evidence that contributes to support the cause which we are inclined to favour, and to reject the plainest proofs when they are produced against it, to reason and debate is to little purpose: as no innocence can be safe that has incurred the displeasure of partial judges, so no criminal that has the happiness of being favoured by them, can ever be in danger.

That any lord has already determined how to vote on the present occasion, far be it from me to assert: may it never, my lords, be suspected that private interest, blind adherence to a party, personal kindness or malevolence, or any other motive than a sincere and unmingled regard for the prosperity of our country, influences the decisions of this assembly; for it is well known, my lords, that authority is founded on opinion; when once we lose the esteem of the publick, our votes, while we shall be allowed to give them, will be only empty sounds, to which no other regard will be paid than a standing army shall enforce.

The veneration of the people, my lords, will not easily be lost: this house has a kind of hereditary claim to their confidence and respect; the great actions of our ancestors are remembered, and contribute to the reputation of their successours; nor do our countrymen willingly suspect that they can be betrayed by the descendants of those, by whose bravery and counsels they have been rescued from destruction.

But esteem must languish, and confidence decline, unless they are renewed and reanimated by new acts of beneficence; and the higher expectations the nation may have formed of our penetration to discover its real advantages, and of our steadiness to pursue them, the more violent will be its resentment, if it shall appear, on this important question, that we are either ignorant or timorous, that we are unconcerned at the miseries of the people, or content ourselves with pitying what our ancestors never failed to redress.

Let us, therefore, my lords, for our own interest, attend impartially to the voice of the people; let us hear their complaints with tenderness, and if, at last, we reject them, let it be evident that they were impartially heard, and that we only differed from them because we were not convinced.

Even then, my lords, we shall suffer, for some time, under the suspicion of crimes, from which I hope we shall always be free; the people will imagine that we were influenced by those whose interest it appears to continue their miseries, and, my lords, all the consolation that will be left us, must arise from the consciousness of having done our duty.

But, my lords, this is to suppose what I believe no history can furnish an example of; it is to conceive that we may inquire diligently after the true state of national affairs, and yet not discover it, or not be able to prove it by such evidence as may satisfy the people.

The people, my lords, however they are misrepresented by those who, from a long practice of treating them with disregard, have learned to think and speak of them with contempt, are far from being easily deceived, and yet farther from being easily deceived into an opinion of their own unhappiness: we have some instances of general satisfaction, and an unshaken affection to the government, in times when the publick good has not been very diligently consulted, but scarcely any of perpetual murmurs and universal discontent, where there have been plain evidences of oppression, negligence, or treachery.

Let us not, therefore, my lords, think of the people as of a herd to be led or driven at pleasure, as wretches whose opinions are founded upon the authority of seditious scribblers, or upon any other than that of reason and experience; let us not suffer them to be at once oppressed and ridiculed, nor encourage, by our example, the wretched advocates for those whom they consider as their enemies, nor represent them as imputing to the misconduct of the ministry the late contrariety of the winds, and severity of the winter.

The people, my lords, if they are mistaken in their charge, are mistaken with such evidence on their side, as never misled any nation before; not only their reason but their senses must have betrayed them; and those marks of certainty that have hitherto established truth, must have combined in the support of falsehood.

They are persuaded, my lords, too firmly persuaded, to yield up their opinions to rhetorick, or to votes, or any proof but demonstration, that there is a first, or, to speak in the language of the nation, a sole minister, one that has the possession of his sovereign's confidence, and the power of excluding others from his presence, one that exalts and degrades at his pleasure, and distributes, for his own purposes, the revenues of his master, and the treasure of the nation.

Of this, my lords, can it be maintained that they have no proof? Can this be termed a chimerical suspicion, which nothing can be produced to support? How can power appear but by the exercise of it? What can prove any degree of influence or authority, but universal submission and acknowledgment? And surely, my lords, a very transient survey of the court and its dependents, must afford sufficient conviction, that this man is considered by all that are engaged in the administration, as the only disposer of honours, favours, and employments.

Attend to any man, my lords, who has lately been preferred, rewarded, or caressed, you will hear no expressions of gratitude but to that man; no other benefactor is ever heard of, the royal bounty itself is forgotten and unmentioned, nor is any return of loyalty, fidelity, or adherence professed, but to the minister; the minister! a term which, however lately introduced, is now in use in every place in the kingdom, except this house.

Preferments, my lords, whether civil, ecclesiastical, or military, are either wholly in his hands, or those who make it the business of their lives to discover the high road to promotion, are universally deceived, and are daily offering their adorations to an empty phantom that has nothing to bestow; for, no sooner is any man infected with avarice or ambition, no sooner is extravagance reduced to beg new supplies from the publick, or wickedness obliged to seek for shelter, than this man is applied to, and honour, conscience, and fortune offered at his feet.

Did either those whose studies and station give them a claim to advancement in the church, or those whose bravery and long service entitle them to more honourable posts in the army; did either those who profess to understand the laws of their own country, or they who declare themselves versed in the interests and transactions of foreign powers, apply to any other man for promotion or employment, he might then, indeed, be called the chief, but not properly the sole minister.

But it is well known, my lords; many of us know it too well, that whatever be the profession or the abilities of any person, there is no hope of encouragement or reward by any other method than that of application to this man, that he shall certainly be disappointed who shall attempt to rise by any other interest, and whoever shall dare to depend on his honesty, bravery, diligence, or capacity, or to boast any other merit than that of implicit adherence to his measures, shall inevitably lie neglected and obscure.

For this reason, my lords, every one whose calmness of temper can enable him to support the sight, without starts of indignation and sallies of contempt, may daily see at the levee of this great man, what I am ashamed to mention, a mixture of men of all ranks and all professions, of men whose birth and titles ought to exalt them above the meanness of cringing to a mere child of fortune, men whose studies ought to have taught them, that true honour is only to be gained by steady virtue, and that all other arts, all the low applications of flattery and servility will terminate in contempt, disappointment, and remorse.

This scene, my lords, is daily to be viewed, it is ostentatiously displayed to the sight of mankind, the minister amuses himself in publick with the splendour, and number, and dignity of his slaves; and his slaves with no more shame pay their prostrations to their master in the face of day, and boast of their resolutions to gratify and support him. And yet, my lords, it is inquired why the people assert that there is a sole minister?

Those who deny, my lords, that there is a sole minister to whom the miscarriages of the government may justly be imputed, may easily persuade themselves to believe that there have been no miscarriages, that all the measures were necessary, and well formed, that there is neither poverty nor oppression felt in the nation, that our compliance with France was no weakness, and that our dread of the treaty of Vienna was not chimerical.

The treaty of Vienna, my lords, which has been the parent of so many terrours, consultations, embassies, and alliances is, I find, not yet to be acknowledged, what it certainly was, a mere phantom, an empty illusion, sent by the arts of the French to terrify our ministry. His late majesty's testimony is cited to prove that stipulations were really entered into by the two powers allied by that treaty, to destroy our trade, subvert our constitution, and set a new king upon the throne, without consent of the nation.

Such improbabilities, my lords, ought, indeed, to be proved by a high testimony, by a testimony which no man shall dare to question or contradict; for as any man is at liberty to consult his reason, it will always remonstrate to him, that it is no less absurd to impute the folly of designing impossibilities to any powers not remarkable for weak counsels, than unjust to suspect princes of intending injuries, to which they have not been incited by any provocation.

But, my lords, nowithstanding the solemnity with which his late majesty has been introduced, his testimony can prove nothing more than that he believed the treaty to be such as he represents, that he had been deceived into false apprehensions and unnecessary cautions by his own ministers, as they had been imposed upon by the agents of France.

This is all, my lords, that can be collected from the royal speech, and to infer more from it is to suppose that the king was himself a party in the designs formed against him; for if he was not himself engaged in this treaty, he could only be informed, by another, of the stipulations, and could only report what he had been told upon the credit of the informer, a man, necessarily of very little credit. Thus, my lords, all the evidence of his late majesty vanishes into nothing more than the whisper of a spy.

But as great stress ought, doubtless, to be laid upon intelligence which the nation is believed to purchase at a very high price, let it be inquired, what proofs those have who dare to suspect the sagacity of our ministers, to put in the balance against their intelligence, and it will be discovered, my lords, that they have a testimony no less than that of the German emperour himself, who could not be mistaken with regard to the meaning of the treaty concluded at his own court, and to whom it will not be very decent to deny such a degree of veracity as may set him at least on the level with a traitor and a hireling.

If the treaty of Vienna was an imposture, most of our misfortunes are evidently produced by the weakness of the minister; but even supposing it real, as it was only a formidable mockery, an idle threat, that could never be executed, it was not necessary, that in order to obviate it, we should give ourselves implicitly into the hands of France.

It was not necessary, my lords, that we should suffer them first to elude the treaty of Utrecht, by making a port at Mardyke, and then directly and openly to violate it by repairing Dunkirk. That this latter is a port contrary to treaty, the bills of entry at the custom-house daily show; and as the customs are particularly under the inspection of the commissioners of the treasury, this man cannot plead ignorance of this infraction, were no information given him by other means. If it should now be asked, my lords, what, in my opinion, ought to be done, I cannot advise that we should attempt to demolish it by force, or draw upon ourselves the whole power of France by a declaration of war, but what it may be difficult now to remedy, it was once easy to obviate.

Had we shown the same contempt of the French power with our ancestors, and the same steadiness in our councils, the same firmness in our alliances, and the same spirit in our treaties, that court would never have ventured to break a known solemn stipulation, to have exasperated a brave and determined adversary by flagrant injustice, and to have exposed themselves to the hazard of a war, in which it would have been the interest of every prince of Europe who regarded justice or posterity to wish their defeat.

Now they see us engaged in a war, my lords, they may be animated to a more daring contempt of the faith of treaties, and insult us with yet greater confidence of success, as they cannot but remark the cowardice or the ignorance with which we have hitherto carried on this war. They cannot but observe that either our minister means in reality to make war rather upon the Britons than the Spaniards, or that he is totally unacquainted with military affairs, and too vain to ask the opinion of others who have greater knowledge than himself.

Nothing, my lords, is more apparent than that the minister was forced, by the continual clamours of the nation, to declare war, contrary to his own inclination, and that he always affected to charge it upon others, and to exempt himself from the imputation of it. It is, therefore, probable that he has not acted on this occasion so wisely as even his own experience and penetration might, if they were honestly employed, enable him to act, and that he has suffered our counsels to be embarrassed; that he sees with great tranquillity those suffering by the war, at whose request it was begun, and imagines it a proof of the excellence of his own scheme, that those who forced him to break it, may in time repent of their importunities.

For that in the management of the war, my lords, no regard has been had either to the advantages which the course of our trade inevitably gives to our enemies, or to the weakness to which the extent of their dominions necessarily subjects them, that neither the interest of the merchant has been consulted, nor the ease of the nation in general regarded, that the treasure of the publick has been squandered, and that our military preparations have intimidated no nation but our own, is evident beyond contradiction.

It is well known, my lords, to every man but the minister, that we have nothing to fear from either the fleets or armies of the Spaniards, that they cannot invade us except in America, and that they can only molest us by intercepting our traders. This they can only effect by means of their privateers, whose vessels, being light and active, may be easily fitted out, nimbly seize their prey, and speedily retire.

The experience of the last French war, my lords, might have taught us how much we have to fear from the activity of men incited by prospects of private gain, and equipped with that care and vigilance, which, however omitted in national affairs, the interest of particular men never fails to dictate. It is well known, my lords, how much we lost amidst our victories and triumphs, and how small security the merchants received from our magnificent navies, and celebrated commanders. It was, therefore, surely the part of wise men, not to miscarry twice by the same omission, when they had an opportunity to supply it.

I need not inform your lordships of what every reader of newspapers can tell, and which common sense must easily discover, that privateers are only to be suppressed by ships of the same kind with their own, which may scour the seas with rapidity, pursue them into shallow water, where great ships cannot attack them, seize them as they leave the harbours, or destroy them upon their own coasts.

That this is, in its own nature, at once obvious to be contrived, and easy to be done, must appear upon the bare mention of it, and yet that it has been either treacherously neglected, or ignorantly omitted, the accounts of every day have long informed us. Not a week passes in which our ships are not seized, and our sailors carried into a state of slavery. Nor does this happen only on the wide ocean, which is too spacious to be garrisoned, or upon our enemies' coasts, where they may have, sometimes, insuperable advantages, but on our own shores, within sight of our harbours, and in those seas of which we vainly style our nation the sovereign.

Who is there, my lords, whose indignation is not raised at such ignominy? Who is there by whom such negligence will not be resented? It cannot be alleged that we had not time to make better preparations; we had expected war long before we declared it, and if the minister was the only man by whom it was not expected, it will make another head of accusation.

Nor was his disregard of our dominions less flagrant than that of our trade: it was publickly declared by don Geraldino, that his master would never give up his claim to part of our American colonies, which yet were neither fortified on the frontiers, nor supplied with arms, nor enabled to oppose an enemy, nor protected against him.

One man there is, my lords, whose natural generosity, contempt of danger, and regard for the publick, prompted him to obviate the designs of the Spaniards, and to attack them in their own territories; a man, whom by long acquaintance I can confidently affirm to have been equal to his undertaking, and to have learned the art of war by a regular education, who yet miscarried in his design, only for want of supplies necessary to a possibility of success.

Nor is there, my lords, much probability that the forces sent lately to Vernon will be more successful; for this is not a war to be carried on by boys: the state of the enemy's dominions is such, partly by situation, and partly by the neglect of that man whose conduct we are examining, that to attack them with any prospect of advantage, will require the judgment of an experienced commander; of one who had learned his trade, not in Hyde-park, but in the field of battle; of one that has been accustomed to sudden exigencies and unsuspected difficulties, and has learned cautiously to form, and readily to vary his schemes.

An officer, my lords, an officer qualified to invade kingdoms is not formed by blustering in his quarters, by drinking on birth-nights, or dancing at assemblies; nor even by the more important services of regulating elections, and suppressing those insurrections which are produced by the decay of our manufactures. Many gallant colonels have led out their forces against women and children, with the exactest order, and scattered terrour over numerous bodies of colliers and weavers, who would find difficulties not very easily surmountable, were they to force a pass, or storm a fortress.

But, my lords, those whom we have destined for the conquest of America, have not even flushed their arms with such services, nor have learned, what is most necessary to be learned, the habit of obedience; they are only such as the late frost hindered from the exercise of their trades, and forced to seek for bread in the service; they have scarcely had time to learn the common motions of the exercise, or distinguish the words of command.

Nor are their officers, my lords, extremely well qualified to supply those defects, and establish discipline and order in a body of new-raised forces; for they are absolutely strangers to service, and taken from school to receive a commission, or if transplanted from other regiments, have had time only to learn the art of dress. We have sent soldiers undisciplined, and officers unable to instruct them, and sit in expectation of conquests to be made by one boy acting under the direction of another.

To their commander-in-chief, my lords, I object nothing but his inexperience, which is by no means to be imputed to his negligence, but his want of opportunities; though of the rest, surely it may be said, that they are such a swarm as were never before sent out on military designs; and, in my opinion, to the other equipments, the government should have added provisions for women to nurse them.

Had my knowledge of war, my lords, been thought sufficient to have qualified me for the chief command in this expedition, or had my advice been asked with regard to the conduct of it, I should willingly have assisted my country with my person or my counsels; but, my lords, this man, who engrosses all authority, seems, likewise, to believe that he is in possession of all knowledge, and that he is equally capable, as he is equally willing, to usurp the supreme and uncontroulable direction both of civil and military affairs.

Why new forces were raised, my lords, it is very easy to judge; new forces required new commissions, and new commissions produced new dependencies, which might be of use to the minister at the approaching election; but why the new-raised troops were sent on this expedition rather than those which had been longer disciplined, it is very difficult to assign a reason, unless it was considered that some who had commands in them had likewise seats in the senate; and the minister was too grateful to expose his friends to danger, and too prudent to hazard the loss of a single vote. Besides the commander-in-chief, there is but one senator in the expedition, and, my lords, he is one of too great integrity to be corrupted, and, though sensible of the weakness of the troops, too brave to quit his post. How much our country may suffer by such absurd conduct, I need not explain to your lordships; it may easily be conceived how much one defeat may dispirit the nation, and to what attempts one victory may excite our enemies; those enemies whom, under a steady and wise administration, we should terrify into submission, even without an army.

I cannot forbear to remark on this occasion, how much the ignorance of this man has exposed a very important part of our foreign dominions to the attempts of the Spaniards. Gibraltar, my lords, is well known to be so situated, as to be naturally in very little danger of an attack from the land, and to command the country to a great distance; but these natural advantages are now taken away, or greatly lessened, by new fortifications, erected within much less than gunshot of the place, erected in the sight of the garrison, and while one of our admirals was cruizing upon the coast.

The pretence, my lords, upon which they were erected, was, that though Gibraltar was granted to Britain, yet there was no district appendent to it, nor did the British authority extend beyond the walls of the town: this poor excuse did the chicanery of the Spaniards invent, and with this, my lords, was our minister contented, either not knowing or not appearing to know what, I hope, the children whom we have despatched to America have been taught, and what no man, versed in national affairs, can be ignorant of without a crime, that when a fortress is yielded to another nation, the treaty always virtually includes, even without mentioning it, an extent of land as far as the guns of the fortification can reach.

Whether this man, my lords, was so ignorant as to be deceived thus grossly, or so abandoned as willingly to deceive his country, he is equally unqualified to support the office of first minister, and almost equally deserves to be prosecuted by the indignation and justice of this assembly, in the severest manner; for how great must be his wickedness who undertakes a charge above his abilities, when his country may be probably ruined by his errours?

Your lordships cannot but observe, that I make use rather of the term minister than that of the administration, which others are so desirous to substitute in its place, either to elude all inquiry into the management of our affairs, or to cover their own shameful dependence.

Administration, my lords, appears to me a term without a meaning, a wild indeterminate word, of which none can tell whom it implies, or how widely it may extend: a charge against the administration may be imagined a general censure of every officer in the whole subordination of government, a general accusation of instruments and agents, of masters and slaves: my charge, my lords, is against the minister, against that man, who is believed by every one in the nation, and known by great numbers, to have the chief, and, whenever he pleases to require it, the sole direction of the publick measures; he, to whom all the other ministers owe their elevation, and by whose smile they hold their power, their salaries, and their dignity.

That this appellation is not without sufficient reason bestowed upon that man, I have already proved to your lordships; and as it has already been made appear that common fame is a sufficient ground of accusation, it will easily be shown that this man has a just claim to the title of minister; for if any man be told of an accusation of the minister; he will not ask the name of the person accused.

But there is in the motion one title conferred upon him, to which he has no pretensions; for there is no law for styling him the first commissioner of the treasury. The commissioners, my lords, who discharge, in a collective capacity, the office of lord high treasurer, are constituted by the same patent, invested with equal power and equal dignity, and I know not why this man should be exalted to any superiority over his associates.

If we take, my lords, a review of our affairs, and examine the state of the nation in all its relations and all its circumstances, we cannot, surely, conceive that we are in a state of prosperity, unless discontent at home, and scorn abroad, the neglect of our allies, and insolence of our enemies, the decay of trade, and multitude of our imposts, are to be considered as proofs of a prosperous and nourishing nation.

Will it be alleged, my lords, has this man one friend adventurous enough to assert, in open day, that the people are not starving by thousands, and murmuring by millions, that universal misery does not overspread the nation, and that this horrid series of calamities is not universally, among all conditions, imputed to the conduct of this man?

That great evils are felt, my lords, no Briton, I am certain, who converses promiscuously with his countrymen, will attempt to dispute, and until some other cause more proportioned to the effect shall be assigned, I shall join the publick in their opinion, and while I think this man the author of our miseries, shall conclude it necessary to comply with the motion.

Lord HARDWICK spoke next, to the following effect:--My lords, though I very readily admit that crimes ought to be punished, that a treacherous administration of publick affairs is, in a very high degree, criminal, that even ignorance, where it is the consequence of neglect, deserves the severest animadversion, and that it is the privilege and duty of this house to watch over the state of the nation, and inform his majesty of any errours committed by his ministers; yet I am far from being convinced either of the justice or necessity of the motion now under consideration.

The most flagrant and invidious part of the charge against the right honourable gentleman appears to consist in this, that he has engrossed an exorbitant degree of power, and usurped an unlimited influence over the whole system of government, that he disposes of all honours and preferments, and that he is not only first but sole minister.

But of this boundless usurpation, my lords, what proof has been laid before you? What beyond loud exaggerations, pompous rhetorick, and specious appeals to common fame; common fame, which, at least, may sometimes err, and which, though it may afford sufficient ground for suspicion and inquiry, was never yet admitted as conclusive evidence, where the immediate necessities of the publick did not preclude the common forms of examination, where the power of the offender did not make it dangerous to attack him by a legal prosecution, or where the conduct of the accusers did not plainly discover that they were more eager of blood than of justice, and more solicitous to destroy than to convict.

I hope none of these circumstances, my lords, can at present obstruct a candid and deliberate inquiry: with regard to the publick, I am not able to discover any pressing exigencies that demand a more compendious method of proceeding, than the established laws of the land, and the wisdom of our ancestors have prescribed. I know not any calamity that will be aggravated, nor any danger that will become move formidable, by suffering this question to be legally tried.

Nor is there, my lords, in the circumstances of the person accused, any thing that can incite us to a hasty process; for, if what is alleged by the noble lords is not exaggerated beyond the truth, if he is universally detested by the whole nation, and loaded with execrations by the publick voice; if he is considered as the author of all our miseries, and the source of all our corruptions; if he has ruined our trade, and depressed our power, impoverished the people, and attempted to enslave them, there is, at least, no danger of an insurrection in his favour, or any probability that his party will grow stronger by delays. For, my lords, to find friends in adversity, and assertors in distress, is only the prerogative of innocence and virtue.

The gentleman against whom this formidable charge is drawn up, is, I think, not suspected of any intention to have recourse either to force or flight; he has always appeared willing to be tried by the laws of his country, and to stand an impartial examination; he neither opposes nor eludes inquiry, neither flies from justice, nor defies it.

And yet less, my lords, can I suspect, that those by whom he is accused, act from any motive that may influence them to desire a sentence not supported by evidence, or conformable to truth; or that they can wish the ruin of any man whose crimes are not notorious and flagrant, that they persecute from private malice, or endeavour to exalt themselves by the fall of another.

Let us, therefore, my lords, inquire before we determine, and suffer evidence to precede our sentence. The charge, if it is just, must be, by its own nature, easily proved, and that no proof is brought may, perhaps, be sufficient to make us suspect that it is not just.

For, my lords, what is the evidence of common fame, which has been so much exalted, and so confidently produced? Does not every man see that, on such occasions, two questions may be asked, of which, perhaps, neither can easily be answered, and which, yet, must both be resolved before common fame can be admitted as a proof of facts.

It is first to be inquired, my lords, whether the reports of fame are necessarily or even probably true? A question very intricate and diffusive, entangled with a thousand, and involving a thousand, distinctions; a question of which it may be said, that a man may very plausibly maintain either side, and of which, perhaps, after months or years wasted in disputation, no other decision can be obtained than what is obvious at the first view, that they are often true, and often false, and, therefore, can only be grounds of inquiry, not reasons of determination.

But if it appear, my lords, that this oracle cannot be deceived, we are then to inquire after another difficulty, we are to inquire, What is fame?

Is fame, my lords, that fame which cannot err? a report that flies, on a sudden, through a nation, of which no man can discover the original; a sudden blast of rumour, that inflames or intimidates a people, and obtains, without authority, a general credit? No man versed in history can inquire whether such reports may not deceive. Is fame rather a settled opinion, prevailing by degrees, and for some time established? How long, then, my lords, and in what degree must it have been established, to obtain undoubted credit, and when does it commence infallible? If the people are divided in their opinions, as in all publick questions it has hitherto happened, fame is, I suppose, the voice of the majority; for, if the two parties are equal in their numbers, fame will be equal; then how great must be the majority before it can lay claim to this powerful auxiliary? and how shall that majority be numbered?

These questions, my lords, may be thought, perhaps with justice, too ludicrous in this place, but, in my opinion, they contribute to show the precarious and uncertain nature of the evidence so much confided in.

Common fame, my lords, is to every man only what he himself commonly hears; and it is in the power of any man's acquaintance to vitiate the evidence which they report, and to stun him with clamours, and terrify him with apprehensions of miseries never felt, and dangers invisible. But, without such a combination, we are to remember, that most men associate with those of their own opinions, and that the rank of those that compose this assembly naturally disposes such as are admitted to their company, to relate, or to invent, such reports as may be favourably received, so that what appears to one lord the general voice of common fame, may, by another, be thought only the murmur of a petty faction, despicable, with regard to their numbers, and detestable, if we consider their principles.

So difficult is it, my lords, to form any solid judgment concerning the extent and prevalence of any particular report, and the degree of credit to be given to it. The industry of a party may supply the defect of numbers, and some concurrent circumstances may contribute to give credit to a false report.

But, my lords, we are ourselves appealed to as witnesses of the truth of facts, which prove him to be sole minister, of the number of his dependents, the advancement of his friends, the disappointments of his opponents, and the declarations made by his followers of adherence and fidelity.

If it should be granted, my lords, that there is nothing in these representations exaggerated beyond the truth, and that nothing is represented in an improper light, what consequence can we draw, but that the followers of this gentleman, make use of those arts which have always been practised by the candidates of preferment, that they endeavour to gain their patron's smile by flattery and panegyrick, and to keep it by assiduity and an appearance of gratitude. And if such applications exalted any man to the authority and title of first minister, the nation has never, in my memory, been without some man in that station, for there is always some one to whom ambition and avarice have paid their court, and whose regards have been purchased at the expense of truth.

Nor is it to be wondered at, my lords, that posts of honour and profit have been bestowed upon the friends of the administration; for who enriches or exalts his enemies? who will increase the influence that is to be exerted against him, or add strength to the blow that is levelled at himself?

That the right honourable gentleman is the only disposer of honours, has never yet appeared; it is not pretended, my lords, that he distributes them without the consent of his majesty, nor even that his recommendation is absolutely necessary to the success of any man's applications. If he has gained more of his majesty's confidence and esteem than any other of his servants, he has done only what every man endeavours, and what, therefore, is not to be imputed to him as a crime.

It is impossible, my lords, that kings, like other men, should not have particular motions of inclination or dislike; it is possible that they may fix their affection upon objects not in the highest degree worthy of their regard, and overlook others that may boast of greater excellencies and more shining merit; but this is not to be supposed without proof, and the regard of the king, as of any other man, is one argument of desert more than he can produce, who has endeavoured after it without effect.

This imputed usurpation must be proved upon him either by his own confession, or by the evidence of others; and it has not been yet pretended that he assumes the title of prime minister, or indeed, that it is applied to him by any but his enemies; and it may easily be conceived how weakly the most uncorrupted innocence would be supported, if all the aspersions of its enemies were to be received as proofs against it.

Nor does it appear, my lords, that any other evidence can be brought against him on this head, or that any man will stand forth and affirm that either he has been injured himself by this gentleman, or known any injury done by him to another by the exertion of authority with which he was not lawfully invested; such evidence, my lords, the laws of our country require to be produced before any man can be punished, censured, or disgraced. No man is obliged to prove his innocence, but may call upon his prosecutors to support their accusation; and why this honourable gentleman, whatever may have been his conduct, should be treated in a different manner than any other criminal, I am by no means able to discover.

Though there has been no evidence offered of his guilt, your lordships have heard an attestation of his innocence, from the noble duke who spoke first against the motion, of whom it cannot be suspected that he would, voluntarily, engage to answer for measures which he pursued in blind compliance with the direction of another. The same testimony, my lords, can I produce, and affirm with equal truth, that in the administration of my province, I am independent, and left entirely to the decisions of my own judgment.

In every government, my lords, as in every family, some, either by accident or a natural industry, or a superiour capacity, or some other cause, will be engaged in more business, and treated with more confidence than others; but if every man is willing to answer for the conduct of his own province, there is all the security against corruption that can possibly be obtained; for if every man's regard to his own safety and reputation will prevent him from betraying his trust, or abusing his power, much more will it incite him to prevent any misconduct in another for which he must himself be accountable. Men are, usually, sufficiently tenacious of power, and ready to vindicate their separate rights, when nothing but their pride is affected by the usurpation, but surely no man will patiently suffer his province to be invaded when he may himself be ruined by the conduct of the invader.

Thus, my lords, it appears to me to be not only without proof, but without probability, and the first minister can, in my opinion, be nothing more than a formidable illusion, which, when one man thinks he has seen it, he shows to another, as easily frighted as himself, who joins with him in propagating the notion, and in spreading terrour and resentment over the nation, till at last the panick becomes general, and what was at first only whispered by malice or prejudice in the ears of ignorance or credulity, is adopted by common fame, and echoed back from the people to the senate.

I have hitherto, my lords, confined myself to the consideration of one single article of this complicated charge, because it appears to me to be the only part of it necessary to be examined; for if once it be acknowledged that the affairs of the nation are transacted not by the minister but the administration, by the council in which every man that sits there has an equal voice and equal authority, the blame or praise of all the measures must be transferred from him to the council, and every man that has advised or concurred in them, will deserve the same censure or the same applause; as it is unjust to punish one man for the crimes of another, it is unjust to choose one man out for punishment from among many others equally guilty.

But I doubt not, my lords, when all those measures are equitably considered, there will be no punishment to be dreaded, because neither negligence nor treachery will be discovered. For, my lords, with regard to the treaty of Vienna, let us suppose our ministers deceived by ignorant or corrupt intelligence, let us admit that they were cautious where there was no danger, and neglected some opportunities, which, if they had received better information, they might have improved to the advantage and security of the nation. What have they done, even under all these disadvantageous suppositions, but followed the lights which they judged most clear, and by which they hoped to be conducted to honour and to safety?

Policy, my lords, is very different from prescience; the utmost that can be attained is probability, and that, for the most part, in a low degree. It is observed, that no man is wise but as you take into consideration the weakness of another; a maxim more eminently true of political wisdom, which consists, very often, only in discovering designs which could never be known but by the folly or treachery of those to whom they are trusted. If our enemies were wise enough to keep their own secrets, neither our ministers nor our patriots would be able to know or prevent their designs, nor would it be any reproach to their sagacity, that they did not know what nobody would tell them.

If therefore, my lords, the princes, whose interest is contrary to our own, have been at any time served by honest and wise men, there was a time when our ministers could act only by conjecture, and might be mistaken without a crime.

If it was always in our power to penetrate into the intentions of our enemies, they must necessarily have the same means of making themselves acquainted with our projects, and yet when any of them are discovered we think it just to impute it to the negligence of the minister.

Thus, my lords, every man is inclined to judge with prejudice and partiality. When we suffer by the prudence of our enemies, we charge our ministers with want of vigilance, without considering, that very often nothing is necessary to elude the most penetrating sagacity, but obstinate silence.

If we inquire into the transactions of past times, shall we find any man, however renowned for his abilities, not sometimes imposed upon by falsehoods, and sometimes betrayed by his own reasonings into measures destructive of the purposes which he endeavoured to promote? There is no man of whose penetration higher ideas have been justly formed, or who gave more frequent proofs of an uncommon penetration into futurity than Cromwell; and yet succeeding times have sufficiently discovered the weakness of aggrandizing France by depressing Spain, and we wonder now how so much policy could fall into so gross an errour, as not rather to suffer power to remain in the distant enemy, than transfer it to another equally divided from us by interest, and far more formidable by the situation of his dominions.

Cromwell, my lords, suffered himself to be hurried away by the near prospect of present advantages, and the apprehension of present dangers; and every other man has been, in the same manner, sometimes deluded into a preference of a smaller present advantage, to a greater which was more remote.

Let it not be urged, my lords, that politicks are advanced since the time of Cromwell, and that errours which might then be committed by the wisest administration, are now gross and reproachful; we are to remember that every part of policy has been equally improved, and that if more methods of discovery have been struck out, there have been likewise more arts invented of eluding it.

When, therefore, we inquire into the conduct, or examine the abilities of a minister, we are not to expect that he should appear never to have been deceived, but that he should never be found to have neglected any proper means of information, nor ever to have willingly given up the interest of his country; but we are not to impute to his weakness what is only to be ascribed to the wisdom of those whom he opposed.

If this plea, my lords, is reasonable, it will be necessary for those who support the motion, to prove, not only that the treaty of Vienna was never made, but that the falsehood of the report either was or might have been known by our ministers; otherwise, those who are inclined to retain a favourable opinion of their integrity and abilities, may conclude, that they were either not mistaken, or were led into errour by such delusions as would no less easily have imposed on their accusers, and that by exalting their enemies to their stations, they shall not much consult the advantage of their country.

This motion, therefore, my lords, founded upon no acknowledged, no indisputable facts, nor supported by legal evidence; this motion, which, by appealing to common fame, as the ultimate judge of every man's actions, may bring every man's life, or fortune, into danger; this motion, which condemns without hearing, and decides without examining, I cannot but reject, and hope your lordships will concur with me.

Lord CARLISLE spoke next, to the following purport:--My lords, the state of the question before us has, in my opinion, not been rightly apprehended by the noble lord who spoke last, nor is the innocence or guilt of the minister the chief question before us, because a minister may possibly mean well, and yet be, in some particular circumstances, unqualified for his station.

He may not only want the degree of knowledge and ability requisite to make his good intentions effectual, but, my lords, however skilful, sagacious, or diligent, he may be so unfortunate, in some parts of his conduct, as to want the esteem and confidence of the people.

That a very able and honest minister may be misinformed by his intelligence, disappointed by his agents, or baffled by other men of equal capacity and integrity with himself, cannot be controverted; but it must surely be owned likewise, that when this has happened so often, and in cases of such importance, as to deprive him entirely of the regard and affection of the people; when he is reduced to intrench himself behind his privileges, to employ all the influence of the crown for his own security, and make it his daily endeavour to create new dependencies, he ought to be pitied and discarded.

That this is the state of the minister whose removal is desired by the motion, cannot be denied; the exaltation of his adherents to places and preferments, the noble lord has been so far from questioning, that he has endeavoured to justify it, and has in plain terms inquired, who would have acted otherwise?

Every man, my lords, would have acted otherwise, whose character had not been blasted by general detestation; every man would have acted otherwise, who preferred the publick good to his own continuance in power; and every man has acted otherwise who has distinguished himself as a friend to the publick.

It is the interest of the nation, my lords, that every office should be filled by that man who is most capable of discharging it, whatever may be his sentiments with regard to the minister; and that his attention should be confined to his employment, rather than distracted by various concerns and opposite relations. It is, therefore, an injury to the publick, to thrust a skilful commissioner into the senate, or to embarrass an industrious senator with a post or commission.

Yet, my lords, that multitudes have obtained places, who have no acquaintance with the duties of their offices, nor any other pretensions to them, than that they have seats in the other house, and that by distinguishing himself in that assembly, any man may most easily obtain the preferments of the crown, is too obvious for controversy.

This practice, my lords, is a sufficient foundation for the motion; a practice so injurious to the nation, so long continued, and so openly avowed, requires to be vigorously opposed, lest it should become established by long custom, and entangle itself with our constitution.

If the minister, my lords, has made it necessary to employ none but his adherents and blind followers, this necessity is alone a sufficient proof how little he confides in his own prudence or integrity, how apprehensive he is of the censure of the senate, and how desirous of continuing his authority, by avoiding it. And, surely, my lords, it is our duty, as well as our right, to address the throne, that a minister should be removed who fears the people, since few men fear without hating, and nothing so much contributes to make any man an enemy to his country, as the consciousness that he is universally abhorred.

But, my lords, if this is done by him without necessity, if the general preference of his friends is only the consequence of mistaken judgment, or corrupt gratitude, this address is equally necessary, because the effects are equally pernicious.

When a minister, suspected of ill intentions, is continued in employment, discontent must naturally spread over the nation; and if the end of government be the happiness of the people; if suspicion and jealousy be contrary to a state of happiness; and if this suspicion which generally prevails, this discontent which fills the whole nation, can only be appeased by the removal of the minister; prudence, justice, and the examples of our ancestors, ought to influence us to endeavour that the affairs of the nation may be transferred to such whose greater integrity or wisdom has recommended them to the affection of the people.

In this motion, therefore, we need not be supposed to imply that the minister is either ignorant or corrupt, but that he is disliked by the people, disliked to such a degree, my lords, that it is not safe for his majesty to employ him.

It is, doubtless, our duty, my lords, to guard both the rights of the people, and the prerogatives of the throne, and with equal ardour to remonstrate to his majesty the distresses of his subjects, and his own danger. We are to hold the balance of the constitution, and neither to suffer the regal power to be overborne by a torrent of popular fury, nor the people to be oppressed by an illegal exertion of authority, or the more insupportable hardships of unreasonable laws.

By this motion, my lords, the happiness of the people, and the security of his majesty, are at once consulted, nor can we suppress so general a clamour without failing equally in our duty to both.

To what, my lords, is the untimely end of so many kings and emperours to be imputed, but to the cowardice or treachery of their counsellors, of those to whom they trusted that intercourse, which is always to be preserved between a monarch and his people? Were kings honestly informed of the opinions and dispositions of their subjects, they would never, or, at least rarely, persist in such measures, as, by exasperating the people, tend necessarily to endanger themselves.

It is the happiness of a British monarch, that he has a standing and hereditary council, composed of men who do not owe their advancement to the smiles of caprice, or the intrigues of a court; who are, therefore, neither under the influence of a false gratitude, nor of a servile dependence, and who may convey to the throne the sentiments of the people, without danger, and without fear. But, my lords, if we are either too negligent, or too timorous to do our duty, how is the condition of our sovereign more safe, or more happy than that of an emperour of Turkey, who is often ignorant of any complaints made against the administration, till he hears the people thundering at the gates of his palace.

Let us, therefore, my lords, whatever may be our opinion of the conduct of the minister, inform his majesty of the discontent of his subjects, since, whether it is just or not, the danger is the same, and whenever any danger threatens the king, we ought either to enable him to oppose, or caution him to avoid it.

Lord CHOLMONDELEY spoke next, to the following effect:--My lords, I cannot but observe in this debate an ambition of popularity, in my opinion not very consistent with the freedom of debate, and the dignity of this assembly, which ought to be influenced by no other motive than the force of reason and truth.

It has been a common method of eluding the efficacy of arguments, to charge the opponent with blind adherence to interest, or corrupt compliance with the directions of a court; nor has it been less frequent to prevent inquiries into publick measures, by representing them as the clamours of faction, the murmurs of disobedience, and the prelude to rebellion.

So necessary, my lords, has it been always thought to be uninfluenced in our examinations by dependence or interest, that the most irrefragable reasons have lost the power of conviction, by the condition and characters of those by whom they were produced; and so much is it expected from innocence and justice to despise all foreign assistance, and to stand the test of inquiry without asking the support of power, that every man has been concluded guilty that has fled for shelter to the throne.

And surely, my lords, if that man's suffrage is of little weight, who appears determined to subscribe to the dictates of a minister, no greater credit can be assigned to another, who professes himself only the echo of the clamours of the populace. If it be a proof of a weak cause, and consciousness of misconduct, to apply to the crown for security and protection, it may be accounted an acknowledgment of the insufficiency of arguments, when the people is called in to second them, and they are only to expect success from the violence of multitudes.

That all government is instituted for the happiness of the people, that their interest ought to be the chief care of the legislature, that their complaints ought patiently to be heard, and their grievances speedily redressed, are truths well known, generally acknowledged, and, I hope, always predominant in the mind of every lord in this assembly. But, that the people cannot err, that the voice of fame is to be regarded as an oracle, and every murmur of discontent to be pacified by a change of measures, I have never before heard, or heard it only to disregard it.

True tenderness for the people, my lords, is to consult their advantage, to protect their liberty, and to preserve their virtue; and perhaps examples may be found sufficient to inform us that all these effects are often to be produced by means not generally agreeable to the publick.

It is possible, my lords, for a very small part of the people to form just ideas of the motives of transactions and the tendency of laws. All negotiations with foreign powers are necessarily complicated with many different interests, and varied by innumerable circumstances, influenced by sudden exigencies, and defeated by unavoidable accidents. Laws have respect to remote consequences, and involve a multitude of relations which it requires long study to discover. And how difficult it is to judge of political conduct, or legislative proceedings, may be easily discovered by observing how often the most skilful statesmen are mistaken, and how frequently the laws require to be amended.

If then, my lords, the people judge for themselves on these subjects, they must necessarily determine without knowledge of the questions, and their decisions are then of small authority. If they receive, implicitly, the dictates of others, and blindly adopt the opinions of those who have gained their favour and esteem, their applauses and complaints are, with respect to themselves, empty sounds, which they utter as the organs of their leaders. Nor are the desires of the people gratified when their petitions are granted; nor their grievances overlooked when their murmurs are neglected.

As it is no reproach to the people that they cannot be the proper judges of the conduct of the government, so neither are they to be censured when they complain of injuries not real, and tremble at the apprehension of severities unintended. Unjust complaints, my lords, and unreasonable apprehensions, are to be imputed to those who court their regard only to deceive them, and exalt themselves to reputation by rescuing them from grievances that were never felt, and averting dangers that were never near.

He only who makes the happiness of the people his endeavour, loves them with a true affection and a rational tenderness, and he certainly consults their happiness who contributes to still all groundless clamours, and appease all useless apprehensions, who employs his care, not only to preserve their quiet and their liberty, but to secure them from the fear of losing it, who not only promotes the means of happiness, but enables them to enjoy it.

Thus, it appears, my lords, that it is possible to be a friend, at the same time, to the people and the administration, and that no man can more deserve their confidence and applause, than he that dissipates their unreasonable terrours, and contributes to reconcile them to a good government.

That most of the clamours against the present government arise from calumnies and misrepresentations, is apparent from the sanction of the senate, which has been given to all the measures that are charged as crimes upon the administration.

That the army is supported by the consent of the senate, that the senate has approved the convention, and that our taxes are all imposed and continued by the senate, cannot be denied. What then is demanded by those that censure the conduct of publick affairs, but that their opinion should be considered as an overbalance to the wisdom of the senate, that no man should be allowed to speak but as they dictate, nor to vote but as they shall influence them by their rhetorick or example?

To repeat the particular topicks of accusation, and recapitulate the arguments which have been produced to confute it, would be a tedious and unnecessary labour; unnecessary, because it is well known that they once had the power of convincing this house, and that nothing has since happened to lessen their force, and because many of them now have been already repeated by the noble lords that have opposed the motion.

To search far backward for past errors, and to take advantage of later discoveries in censuring the conduct of any minister, is in a high degree disingenuous and cruel; it is an art which may be easily practised, of perplexing any question, by connecting distant facts, and entangling one period of time with another.

The only candid method of inquiry is to recur back to the state of affairs, as it then appeared, to consider what was openly declared, and what was kept impenetrably secret, what was discoverable by human sagacity, and what was beyond the reach of the most piercing politician.

With regard to the Hanover treaty, it is not, my lords, requisite that we should engage ourselves in a very minute examination; for it was not only not transacted by the right honourable gentleman whose behaviour is the subject of this debate, but cannot be proved to have been known by him till it was formally ratified. If he afterwards approved it either in the council or the senate, he cannot justly, how destructive or ridiculous soever that treaty may be thought, be charged with more than his share of the guilt, the bare guilt of a single vote.

But there is one accusation yet more malicious, an accusation not only of crimes which this gentleman did not commit, but which have not yet been committed, an accusation formed by prying into futurity, and exaggerating misfortunes which are yet to come, and which may probably be prevented. Well may any man, my lords, think himself in danger, when he hears himself charged not with high crimes and misdemeanours, not with accumulative treason, but with misconduct of publick affairs, past, present, and future.

The only charge against this gentleman, which seems to relate more to him than to any other man engaged in the administration, is the continuance of the harbour of Dunkirk, which, says the noble duke, he must be acquainted with as commissioner of the treasury; but if the title of first commissioner be denied, if his authority be but the same with that of his associates, whence comes it, my lords, that he is more particularly accused than they? Why is his guilt supposed greater if his power is only equal?

But, my lords, I believe it will appear, that no guilt has been contracted on this account, and that Dunkirk was always intended, even by those that demanded the demolition of it, to continue a harbour for small trading vessels, and that if larger ever arrived from thence, they lay at a distance from the shore, and were loaded by small vessels from the town.

With regard to other affairs, my lords, they were all transacted by the council, not by his direction, but with his concurrence; and how it is consistent with justice to single him out for censure, I must desire the noble lords to show who approve the motion.

If the people, my lords, have been, by misrepresentations industriously propagated, exasperated against him, if the general voice of the nation condemns him, we ought more cautiously to examine his conduct, lest we should add strength to prejudice too powerful already, and instead of reforming the errours, and regulating the heat of the people, inflame their discontent and propagate sedition.

The utmost claim of the people is to be admitted as accusers, and sometimes as evidence, but they have no right to sit as judges, and to make us the executioners of their sentence; and as this gentleman has yet been only condemned by those who have not the opportunities of examining his conduct, nor the right of judging him, I cannot agree to give him up to punishment.

Lord HALIFAX spoke next, in substance as follows:--My lords, though I do not conceive the people infallible, yet I believe that in questions like this they are seldom in the wrong, for this is a question not of argument but of fact; of fact discoverable, not by long deductions and accurate ratiocinations, but by the common powers of seeing and feeling.

That it is difficult to know the motives of negotiations, and the effects of laws, and that it requires long study and intense meditation to discover remote consequences, is indubitably true. And, with regard to the people in general, it cannot be denied, that neither their education qualifies them, nor their employments allow them to be much versed in such inquiries.

But, my lords, to refer effects to their proper causes, and to observe, when consequences break forth, from whence they proceed, is no such arduous task. The people of the lowest class may easily feel that they are more miserable this year than the last, and may inquire and discover the reason of the aggravation of their misery; they may know that the army is increased, or our trade diminished; that the taxes are heavier, and penal laws become more grievous.

Nor is it less easy for them to discover that these calamities are not brought upon them by the immediate hand of heaven, or the irresistible force of natural causes; that their towns are not ruined by an invasion, nor their trade confined by a pestilence; they may then easily collect, that they are only unhappy by the misconduct of their governours; they may assign their infelicity to that cause, as the only remaining cause that is adequate to the effect.

If it be granted, my lords, that they may be mistaken in their reasoning, it must be owned, that they are not mistaken without probabilities on their side: it is probable that the ministry must injure the publick interest when it decays without any other visible cause; it is still more probable, when it appears that among those whose station enables them to enter into national inquiries, every man imputes his calamities to the minister, who is not visibly dependent on his favour. It becomes more probable, yet, when it appears that it is the great business of the minister to multiply dependencies, to list accomplices, and to corrupt his judges.

At least, my lords, if it be granted, which, surely, cannot be denied, that the people may be sensible of their own miseries, it is their part to declare their sufferings, and to apply to this house for relief, and it is our business to discover the authors of them, and bring them to punishment.

That the people are very loud and importunate in their complaints, is daily evident; nor is it less apparent, that their complaints are just; if, therefore, their miseries must have an author, let the defenders of this gentleman point out the man whom they may more properly accuse.

But, my lords, nothing is more evident, than that the crimes and the criminal are equally known, that there is one man predominant in his majesty's councils, and that it has long been the practice of that man at once to oppress and ridicule the people, to plunder them, and set them at defiance.

Nothing is more known than that this man pretends to a superiour knowledge, and exerts a superiour power in the management of the publick revenues, and that they have been so ill managed for many years, that the expenses of peace have been almost equal to those of a most vigorous and extensive war.

Nothing is more probable, than that most of the foreign negotiations are conducted by his direction, nor more certain, than that they have generally tended only to make us contemptible.

That the excise was projected in his own head, that it was recommended by him upon his own conviction, and pressed upon the legislature by his influence, cannot be questioned; and if this were his only crime, if this were the only scheme of oppression that ever he planned out, it is such a declaration of war upon the publick liberty, such an attack of our natural and constitutional rights, as was never, perhaps, pardoned by any nation.

Nor is it less notorious, that the late infamous convention was transacted by one of his own dependents, that he palliated or concealed the losses of our merchants, that he opposed the declaration of war, and has since obstructed its operations.

On this occasion, my lords, it may be useful to remark the apparent partiality of this gentleman's vindicators, who declare, that measures are not to be censured as imprudent, only because they are unsuccessful, and yet when other instances of his conduct fall under our examination, think it a sufficient defence to exclaim against the unreasonableness of judging before the event.

To deny that, in the conduct both of civil and military affairs, he has obtained, I know not by what means, an authority superiour to that of any other man, an authority irresistible, uncontroulable, and regal, is to oppose not only common fame, but daily experience. If as commissioner of the treasury he has no more power than any of his associates, whence is it, that to oppose or censure him, to doubt of his infallibility, to suspect his integrity, or to obstruct his influence, is a crime punished with no lighter penalty than forfeiture of employment, as appears, my lords, from the late dismission of a gentleman, against whom nothing can be alleged but an obstinate independence and open disregard of this arbitrary minister.

But happy would it be, my lords, for this nation, if he endeavoured not to extend his authority beyond the treasury or the court; if he would content himself with tyrannising over those whose acceptance of salaries and preferments has already subjected them to his command, without attempting to influence elections, or to direct the members of the other house.

How much the influence of the crown has operated upon all publick councils since the advancement of this gentleman, how zealously it has been supported, and how industriously extended, is unnecessary to explain, since what is seen or felt by almost every man in the kingdom cannot reasonably be supposed unknown to your lordships.

Nothing can be more contrary to the true notion of the British constitution, than to imagine, that by such measures his majesty's real interest is advanced. The true interest, my lords, of every monarch, is to please the people, and the only way of pleasing Britons, is to preserve their liberties, their reputation, and their commerce. Every attempt to extend the power of the crown beyond the limits prescribed by our laws, must in effect make it weaker, by diverting the only source of its strength, the affection of his subjects.

It is, therefore, my opinion, my lords, that we ought to agree to this motion, as a standing memorial not only of our regard for the nation, but of our adherence to our sovereign; that his councils may be no longer influenced by that man whose pernicious advice, and unjustifiable conduct, has added new hopes and new strength to his enemies, impoverished and exasperated his subjects, inflamed the discontent of the seditious, and almost alienated the affection of the loyal.

The bishop of SALISBURY spoke next, to the following purport:--My lords, after all the exaggerations of the errours, and all the representations of the malconduct of the right honourable gentleman; after the most affecting rhetorick, and the most acute inquiries, nothing has appeared of weight sufficient to prevail with me to agree to the present motion; a motion, if not of an unprecedented, yet of a very extraordinary kind, which may extend in its consequences to futurity, and be, perhaps, more dangerous to innocence than guilt.

I cannot yet discover any proof sufficient to convict him of having usurped the authority of first minister, or any other power than that accidental influence which every man has, whose address or services have procured him the favour of his sovereign.

The usurpation, my lords, of regal power must be made evident by somewhat more than general assertions, must appear from some publick act like that of one of the prelates left regent of the kingdom by Richard the first, who, as soon as the king was gone too far to return, in the first elevations of his heart, began his new authority by imprisoning his colleague.

To charge this gentleman with the dismission of any of his colleagues, can, after the strongest aggravations, rise no higher than to an accusation of having advised his majesty to dismiss him, and even that, my lords, stands, at present, unsupported by evidence; nor could it, however uncontestably proved, discover either wickedness or weakness, or show any other authority than every man would exercise, if he were able to attain it.

If he had discharged this gentleman by his own authority, if he had transacted singly any great affair to the disadvantage of the publick, if he had imposed either upon the king or the senate by false representations, if he had set the laws at defiance, and openly trampled on our constitution, and if by these practices he had exalted himself above the reach of a legal prosecution, it had been worthy of the dignity of this house, to have overleaped the common boundaries of custom, to have neglected the standing rules of procedure, and to have brought so contemptuous and powerful an offender to a level with the rest of his fellow-subjects by expeditious and vigorous methods, to have repressed his arrogance, broken his power, and overwhelmed him at once by the resistless weight of an unanimous censure.

But, my lords, we have in the present case no provocations from crimes either openly avowed, or evidently proved; and certainly no incitement from necessity to exert the power of the house in any extraordinary method of prosecution. We may punish whenever we can convict, and convict whenever we can obtain evidence; let us not, therefore, condemn any man unheard, nor punish any man uncondemned.

The duke of BEDFORD spoke next, in substance as follows:--My lords, it is easy to charge the most blameless and gentle procedure with injustice and severity, but it is not easy to support such an accusation without confounding measures widely different, and disguising the nature of things with fallacious misrepresentations.

Nothing is more evident than that neither condemnation nor punishment is intended by the motion before us, which is only to remove from power a man who has no other claim to it than the will of his master, and who, as he had not been injured by never obtaining it, cannot justly complain that it is taken from him.

The motion, my lords, is so far from inflicting punishment, that it confers rewards, it leaves him in the possession of immense wealth, however accumulated, and enables him to leave that office in security, from which most of his predecessors have been precipitated by national resentment, or senatorial prosecution.

There is no censure, my lords, made of his conduct, no charge of weakness, or suspicion of dishonesty, nor can any thing be equitably inferred from it, than that in the opinion of this house his majesty may probably be served by some other person, more to the satisfaction of the British nation.

Though it is not just to punish any man without examination, or to censure his conduct merely because it has been unpleasing or unsuccessful; though it is not reasonable that any man should forfeit what he possesses in his own right, without a crime, yet it is just to withdraw favours only to confer them on another more deserving; it is just in any man to withhold his own, only to preserve his right, or obviate an injurious prescription, and it is, therefore, just to advise such a conduct whenever it appears necessary to those who have the right of offering advice.

To advise his majesty, my lords, is not only our right but our duty; we are not only justifiable in practising, but criminal in neglecting it. That we should declare our apprehensions of any impending danger, and our disapprobation of publick misconduct, is expected both by our sovereign and the people, and let us not, by omitting such warnings, lull the nation and our sovereign into a dangerous security, and, from tenderness to one man, prolong or increase the miseries of our country, and endanger or destroy the honour of our sovereign.

Lord HERVEY spoke next, in effect as follows:--My lords, this is surely a day destined by the noble lords who defend the motion, for the support of paradoxical assertions, for the exercise of their penetration, and ostentation of their rhetorick; they have attempted to maintain the certainty of common fame in opposition to daily observation; the existence of a sole minister in contradiction to the strongest evidence; and having by these gradations arrived at the highest degree of controversial temerity, are endeavouring to make it appear that the publick censure of the house of lords is no punishment.

If we take the liberty, my lords, of using known words in a new sense, in a meaning reserved to ourselves only, it will, indeed, be difficult to confute, as it will be impossible to understand us; but if punishment be now to be understood as implying the same idea which has hitherto been conveyed by it, it will not be easy to show that a man thus publickly censured is not severely punished, and, if his crimes are not clearly proved, punished in opposition to law, to reason, and to justice.

It has been hitherto imagined, my lords, that no punishment is heavier than that of infamy; and shame has, by generous minds, been avoided at the hazard of every other misery. That such a censure as is proposed by the motion, must irreparably destroy the reputation of the person against whom it is directed, that it must confirm the reports of his enemies, impair the esteem of his friends, mark him out to all Europe as unworthy of his sovereign's favour, and represent him to latest posterity as an enemy to his country, is indisputably certain.

These, my lords, are the evident consequences of the address moved for by the noble lord; and, if such consequences are not penal, it will be no longer in our power to enforce our laws by sanctions of terrour.

To condemn a man unheard, is an open and flagrant violation of the first law of justice, but it is still a wider deviation from it to punish a man unaccused; no crime has been charged upon this gentleman proportioned to the penalty proposed by the motion, and the charge that has been produced is destitute of proof.

Let us, therefore, my lords, reverence the great laws of reason and justice, let us preserve our high character and prerogative of judges, without descending to the low province of accusers and executioners; let us so far regard our reputation, our liberty, and our posterity, as to reject the motion.

[Several other lords spoke in this debate, which lasted eleven hours; at length the question was put, and, on a division, carried in the negative. Content, 59. Not content, 108.]

After the determination of the foregoing question, the duke of MARLBOROUGH rose up, and spoke as follows:--My lords, though your patience must undoubtedly be wearied by the unusual length of this day's debate, a debate protracted, in my opinion, not by the difficulty of the question, but by the obstinacy of prejudice, the ardour of passion, and the desire of victory; yet, I doubt not but the regard which this assembly has always paid to the safety and happiness of the state, will incline you to support the fatigue of attention a little longer, and to hear with your usual impartiality another motion.

The proposition which I am about to lay down, my lords, is not such as can admit of controversy; it is such a standing principle as was always acknowledged, even by those who have deviated from it. Such a known truth as never was denied, though it appears sometimes to have been forgotten.

But, my lords, as it never can be forgotten, without injury to particular persons, and danger to the state in general, it cannot be too frequently recollected, or too firmly established; it ought not only to be tacitly admitted, but publickly declared, since no man's fortune, liberty, or life, can be safe, where his judges shall think themselves at liberty to act upon any other principle. I therefore move, "That any attempt to inflict any kind of punishment on any person without allowing him an opportunity to make his defence, or without any proof of any crime or misdemeanour committed by him, is contrary to natural justice, the fundamental laws of this realm, and the ancient established usage of the senate, and is a high infringement of the liberties of the subject."

He was seconded by the duke of DEVONSHIRE:--My lords, though the motion made by the noble duke is of such a kind, that no opposition can be expected or feared, yet I rise up to second it, lest it should be imagined that what cannot be rejected is yet unwillingly admitted.

That where this maxim is not allowed and adhered to, rights and liberties are empty sounds, is uncontestably evident; if this principle be forsaken, guilt and innocence are equally secure, all caution is vain, and all testimony useless. Caprice will, in our courts, supply the place of reason, and all evidence must give way to malice, or to favour.

I hope, therefore, my lords, that your regard to justice, to truth, and to your own safety, will influence you to confirm this great and self-evident principle by a standing resolution, that may not only restrain oppression in the present age, but direct the judiciary proceedings of our successors.

Lord LOVEL rose next, and spoke as follows:--My lords, liberty and justice must always support each other, they can never long flourish apart; every temporary expedient that can be contrived to preserve or enlarge liberty by means arbitrary and oppressive, forms a precedent which may, in time, be made use of to violate or destroy it. Liberty is in effect suspended whenever injustice is practised; for what is liberty, my lords, but the power of doing right without fear, without control, and without danger.

But, my lords, if any man may be condemned unheard, if judgment may precede evidence, what safety or what confidence can integrity afford? It is in vain that any man means well, and acts prudently; it is even in vain that he can prove the justice and prudence of his conduct.

By liberty, my lords, can never be meant the privilege of doing wrong without being accountable, because liberty is always spoken of as happiness, or one of the means to happiness, and happiness and virtue cannot be separated. The great use of liberty must, therefore, be to preserve justice from violation; justice, the great publick virtue, by which a kind of equality is diffused over the whole society, by which wealth is restrained from oppression, and inferiority preserved from servitude.

Liberty, general liberty, must imply general justice; for wherever any part of a state can be unjust with impunity, the rest are slaves. That to condemn any man unheard is oppressive and unjust, is beyond controversy demonstrable, and that no such power is claimed by your lordships will, I hope, appear from your resolutions.

Lord GOWER spoke next:--My lords, to the principle laid down by those noble lords, I have no objection, and concur with them in hoping that all our proceedings will contribute to establish it; but why it should be confirmed by a formal resolution, why the house should solemnly declare their assent to a maxim which it would be madness to deny, it is beyond my penetration to discover.

Though the noble lord's position cannot be controverted, yet his motion, if it is designed to imply any censure of the proceedings of this day, may reasonably be rejected, and that some censure is intended we may conjecture, because no other reason can be given why it was not made at some other time.

Lord HALIFAX then rose:--My lords, that a censure is intended, will, I suppose, not be denied, and that such a censure is unjust must doubtless be the opinion of all those who are supposed to have incurred it, and it will, therefore, not be wondered that the motion is opposed by them, as indecent and calumnious: late as it is, my lords, I will not, for my part, suffer such an indignity without opposition, and shall think my conscience and my honour require, that I should not be overborne by perseverance or by numbers, but that I should, if I cannot convince the noble lords by argument, of the impropriety of the motion, record my reasons against it, which may, perhaps, be more candidly received by posterity.

Lord TALBOT spoke to this effect:--My lords, it is not without indignation that I hear a motion so injurious to my own honour, and to that of the noble lords who have concurred with me in the last debate, nor without contempt that I observed the motion confounded with the positions contained in it; the low subtilty of such conduct is no less to be despised than the malice to be abhorred.

Fifty-nine lords are here branded as strangers, or enemies to the first principle of judicial equity, for doing what will entitle them to the general applause of every man in the kingdom that has the full possession of his understanding, or the free use of his senses; of every man that can distinguish truth, or feel oppression.

They have endeavoured to rescue their country from the rapine of pensioners and the tyranny of an army, from perpetual taxes, and useless expenses; they have attempted to expose the errours of arrogant ignorance, and to depress the power of greatness, founded on corruption, and swelling beyond legal restraints.

That for such attempts they are vilified and reproached, is not to be observed without indignation and astonishment; astonishment which nothing could abate but the recollection of the situation of those lords who have united to promote so unjust a censure.

Let us, my lords, consider the circumstances of the three noble lords by whom this motion has been made and supported, let us take a view of their conduct, and consider the visible motives to which it may be ascribed, their places, their dependence--

Lord CHOLMONDELEY spoke next, in substance as follows:--My lords, I rise thus abruptly to preserve that order and decency which is essential to publick councils, and particularly suitable to the dignity of this assembly, which can only become a scene of tumult and confusion by such methods of debate, and lose that respect which it has hitherto preserved, not only by the justice of its determinations, but by the solemn grandeur of its procedure.

The motion, my lords, is allowed to contain nothing but what every man avows in speculation, and observes, or ought to observe, in publick transactions, and yet those that offer and support it are represented as abettors of oppression, and instruments of tyranny.

It is surely wonderful, my lords, that those who are solicitous for the preservation of their own honour, and so diligent to obviate the most remote reflection that may glance upon it, should not remember, that the same delicacy may raise in others the same resentment, when their reputation is openly attacked; and that while they are asserting the right of the minority to an exemption from censure, they shall not allow the greater number at least an equal claim to the same privilege.

Lord TALBOT then resumed:--My lords, whether any thing has escaped from me that deserves such severe animadversions, your lordships must decide. For what I might intend to say, since by the interruption of that noble lord I was hindered from proceeding, I hope I shall not be accountable.

Not that I acknowledge myself to have asserted any thing either contrary to law, or to the privileges of the house, or inconsistent with the character of an independent lord, a character which I shall always endeavour to preserve, and which I will not forfeit for the smiles of a court, the dignity of high employment, or the affluence of a pension.

Nor, my lords, whenever the necessities of my country require that I should speak my sentiments with freedom, will I be awed into silence and submission, but will set any power at defiance that shall dare to restrain me.

I pretend not, my lords, to be always in the right, I claim no other merit than that of meaning well; and when I am convinced, after proper examination, that I am engaged on the side of truth, I will trample on that insolence that shall command me to suppress my sentiments.

When I reflect, my lords, on the distresses of my country, when I observe the security and arrogance of those whom I consider as the authors of the publick miseries, I cannot always contain my resentment; I may, perhaps, sometimes start out into unbecoming transports, and speak in terms not very ceremonious of such abandoned, such detestable-- But as this is, perhaps, not the language of the house, I shall endeavour to repress it, and hope that the bounds of decency have never been so far transgressed by me that I should be exposed to the censure of your lordships.

Lord ABINGDON next rose, and said:--My lords, the present motion is undoubtedly just, but by no means necessary, or particularly adapted to the present time. It contains a general principle, uncontested, and established; a principle which this assembly has never denied, and from which I know not that it has ever departed.

As there is, therefore, no particular necessity of confirming it by a new resolution, and as the present time seems less proper than any other, I cannot but declare my opinion, that to resume it at some other time will be more prudent, than to give the lords, who think their conduct censured, any occasion of resentment or discontent.

Lord CARTERET spoke to the following effect:--My lords, the maxim laid down in the present motion, is in itself incontestable, and so far from any inconsistency with the former, that as there was no reason for making, there is, in my opinion, none for opposing it; as it may at any time be made, it may at any time be properly passed. And I hope that our unanimity on this occasion will show that truth, however unseasonably advanced, will, in this house, be always received.

But, lest the noble lords who have opposed the motion, should think their honour engaged in continuing the opposition, I take the liberty, my lords, to move that the previous question may be put.

[Other lords spoke on each side; at last the previous question was put by the president, who demanded, "Is it your lordships' pleasure, that the question be now put? Those lords who are for it, say, Content: those who are against it, say, Not content." There was, accordingly, a cry of both; after which the president declared, "the contents have it;" and some lords replying, "the non-contents have it," his lordship said, "the non-contents must go below the bar:" which is the manner of dividing the house. Those who remained being told in their seats, and those who went out being told at coming in again, there were Content, 81; Not content, 54: so that the resolution moved for, passed without a division.]

[The end]
Samuel Johnson's Writing: Debate On Addressing His Majesty For The Removal Of Sir R. Walpole

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