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These vexatious proceedings, including a great number of debates and divisions, led to the passing of an Act for more clearly defining the privileges of the House of Commons, which had made itself unpopular by its course of proceeding towards the sheriffs, who had only discharged duties which they could not have evaded without exposing themselves to the process of attachment. On the 5th of March, accordingly, Lord John Russell moved for leave to bring in a Bill relative to the publication of Parliamentary papers. He said, in the course of his speech, that at all periods of our history, whatever might have been the subjectwhether it regarded the privileges of Parliament or the rights of the Crown or any of the constituted authoritieswhenever any great public difficulty had arisen, the Parliament in its collective sense, meaning the Crown, Lords, and Commons, had been called in to solve those difficulties. With regard to the measure he was about to propose, he would take care to state in the preamble of the Bill that the privilege of the House was known only by interpretation of the House itself. He proposed that publications authorised by either House of Parliament should be protected, and should not be liable to prosecution in any court of common law. Leave was given to introduce the Bill by a majority of 149, in spite of the opposition of the Solicitor-General, Sir Thomas Wilde; the House went into committee on the Bill on the 13th of March, and it passed the third reading on the 20th of the same month. It was read a second time in the Lords on the 6th of April; and the Royal Assent was given to it by commission on the 14th of the same month.
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But whilst these conflicts were taking place, the Revolution was marching on at full speed, and had reached its heightthe Declaration of Independence. The Continental Congress, on the 15th of May, passed a resolution that it was necessary for such of the States as had not framed for themselves such constitutions as were required by the altered circumstances of the country, to forthwith frame such as should be conducive to their safety and welfare. This was published in all the newspapers, accompanied by a statement that, as the King of England, in concurrence with his Parliament, had excluded the people of those colonies from his protection, it became indispensable to abolish the constitution established by that power, and frame one for themselves. Here was a plain declaration; there was no longer any mistake.This was sufficient warning to Cabinets not to meddle with this tabooed subject; but Grattan continued, year after year, to bring the question forward, though often defeated by great majorities. In his speech in 1808 Grattan introduced the idea of giving his Majesty a veto on the appointment of Catholic bishops. It appears that this proposition had the approval of the Irish Catholic bishops, but the Irish priests made a determined stand against it. In 1810 and 1811 the motion was thrown out by strong majorities.
THREE:CHAPTER IV. Reign of George II. (continued).Sir John Moore entered Spain under the impression that several brave and victorious Spanish armies were to co-operate with him; but he looked in vain for any such armies. Nay, on the very day of his arrival at Salamanca he heard of the defeat of the Count de Belvedere, near Burgos; and only two days afterwards that general had also been defeated at Espinosa, on the frontiers of the province of Biscay. He demanded from the Junta to know with whom he was to co-operate for the conduct of the campaign, and he was referred to Casta?os. But Casta?os had already lost the confidence of the proud and ignorant Junta, and had little information to give. On the 15th of November the governor of the province announced to him that the French had taken possession of Valladolid, only twenty leagues from Salamanca; from the dormant Mr. Frere he heard nothing. This was startling intelligence; for he had only a small portion of his army yet with him. Sir David Baird was still struggling with the obstructive junta at Corunna, and Sir John Hope was wandering near Madrid with the artillery. Moore began to have a very gloomy idea of the situation, not only of Spain, but of his situation in it. He wrote that there was no unity of action; no care of the juntas to promote it, or to furnish arms and clothing to the soldiers; that he was in no correspondence with the generals of the other armies, and knew neither their plans nor those of the Government. He declared that the provinces around him were not armed; and as for the national enthusiasm of which so much had been said, that he saw not a trace of it; that, in short, the British had no business there; but he would still try to do something, if possible, for the country, since he was there.
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THREE:Strong as was the majority of Ministers, however, the king did not wait for their resigning. The day after this debate (Thursday, December 18th), the king sent, at twelve o'clock at night, to Fox and Lord North an order to surrender their seals of office to their Under-Secretaries, as a personal interview, in the circumstances, would be disagreeable. Fox instantly delivered up his; but Lord North was already in bed, and had entrusted his seal to his son, Colonel North, who could not be found for some time. The Seals were then delivered to Lord Temple, who, on the following day, sent letters of dismissal to all the other members of the coalition Cabinet. Pitt, though in his twenty-fifth year only, was appointed first Lord of the Treasury and Chancellor of the Exchequer, and on him devolved the duty of forming a new Administration. Earl Gower was nominated President of the Council, and Lord Temple one of the Secretaries of State. When the House of Commons met in the afternoon, Fox imagined, from a motion of Dundas to proceed to business without the usual adjournment on Saturday, that it was the object of the new party to pass certain money Bills, and then resort to a dissolution. Fox opposed the motion, declaring that a dissolution at this moment would produce infinite damage to[304] the service of the nation, and that, should it take place in order to suit the convenience of an ambitious young man (meaning Pitt), he would, immediately on the meeting of the new House, move for an inquiry into the authors and advisers of it, in order to bring them to punishment. This caused Lord Temple, who had occasioned the breaking up of the Coalition, to resign again immediately, declaring that he preferred meeting any aspersions upon him in his private and individual capacity. This certainly removed a great danger from his colleagues, although it rendered the task of his friend and relative, Pitt, still more difficult, in having to form an Administration alone. The Ministry was then filled up thus:Lord Sydney, Secretary of State for the Home Department; the Marquis of Carmarthen for the Foreign; the Duke of Rutland, Lord Privy Seal; Lord Gower became President of the Council; the Duke of Richmond, Master-General of the Ordnance; Lord Thurlow again Chancellor; Lord Howe, First Lord of the Admiralty. With the exception of Pitt, the whole of the Cabinet was drawn from the House of Lords. When the Commons met, on the 22nd, Mr. Bankes said he was authorised by Mr. Pitt, who was not in the House, a new writ for Appleby being moved for on his appointment to office, to say that he had no intention to advise a dissolution. His Majesty, on the 24th of December, having also assured the House that he would not interrupt their meeting after the recess by either prorogation or dissolution, the House adjourned till the 12th of January, 1784."The Minister might ask Parliament for power to suspend the Habeas Corpus Act, and to place all Ireland under military law. To ask for less would be ridiculous; because the Act against unlawful assemblies had failed, and, on account of its helplessness, was suffered to expire. Now, would Parliament grant such extensive powers to any Government merely that the Government might be enabled to debar his Majesty's Roman Catholic subjects a little longer from enjoying equal political privileges with Protestants? The issue was very doubtfulperhaps it was not doubtful at all. Parliament would never grant such powers. But, assuming that the powers were given, what must follow?a general insurrection, to be put down after much bloodshed and suffering, and then a return to that state of sullen discontent which would render Ireland, ten times more than she had ever been, a millstone round the neck of Great Britain, and by-and-by, when military law ceased, and the same measure of personal liberty was granted to Irishmen which the natives of England and Scotland enjoyed, a renewal of agitation, only in a more hostile spirit, and the necessity of either reverting again and again to measures of coercion, or of yielding at last what, upon every principle of humanity and common sense, ought not to have been thus far withheld. But the Minister, if the existing Parliament refused to give him the powers which he asked, might dissolve, and go to the country with a strong Protestant cry; and this cry might serve his purpose in England and Scotland. Doubtless; but what would occur in Ireland?the return of Roman Catholic members in the proportion of four to one over Protestants, and the virtual disfranchisement thereby of four-fifths of the Irish people. Would Ireland submit quietly to any law carried against herself in a House of Commons so constituted? Was it not much more probable that a dissolution would only lead to the same results which had been shown to be inevitable in the event of the existing Parliament acquiescing in the Ministers' views? And was there not, at all events, a chance that the electors, even, of England and Scotland, might refuse to abet a policy so pregnant with danger to themselves and to the commonwealth? But why move at all? Mr. O'Connell had been elected by the priests and rabble of Clare to represent them in Parliament. Let him retain this empty honour; or, better still, let him be summoned by a call of the House to the bar, and, on his refusal to take the oaths, issue a new writ, and go to a new election. In the first place, Mr. O'Connell could not be forced to attend to a call of the House, such call being obligatory only on members chosen at a general election; and in the next, if he did attend, what then? As soon as the new writ was issued, he would take the field again as a candidate, and again be elected; and so the game would continue to be played, till a dissolution occurred, when all those consequences of which we have elsewhere spoken would inevitably come to pass."
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