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gotten, however, that he was not the first true it was, that he had been basely who had thought proper to ofter what | traduced by the whole of the press might seem justifications of themselves. under the controul of the government Dispatches from the naval officers had been true it was, that every effort was received which could be construed into made to vility his military character, nothing else. The noble lord, therefore, and tarnish his professional fame. His only put in for himself and the army, a si-hon. and learned friend and the House milar justification as had been previously I would perfectly recollect, that until the made for the nary. This was the very commencement of this inquiry the imhead and front of his offending. But be pression upon the public mind bad could not help thinking that the gentle | been, that it was owing to lord Chatham men on the other side had shewn some that an expedition, the most important what of an oflicious regard for the indivi- that had ever left our shores, had failed dual character of ministers; for when that it was owing to lord Chatham, that an ever one of them had the appearance of enterprise, having for its object the dedefending his own character, at the ex- struction of the enemy's naval force and pence, as they supposed, of others of arsenals in the Scheldt, had terminated in them; these gentlemen of opposition be- disgrace and failure—that the lamentable came as it were masters of the ceremo- disappointment of all the sanguine hopes nies for ministers, and insisted on shewing of the country, from an armament so great them all possible civility. This tender and powerful, was wholly owing to lord ness for their individual reputation could Chatham. These were the calumnies not be mistaken-it had a suspicious re- against lord Chatham, which had prosemblance to a desire to promote discord duced the unfavourable impression against amongst them. The hon. and learned his lordship, whilst asserted with confi- · gent. concluded with observing, that dence and uncontradicted by authority. these Resolutions were such as he could He agreed with his hon. and learned not assent to as an honest man—they friend, however, that it was more dignified would, at least, be premature, even if in that noble lord not to take any notice they were in themselves just, which he of these slanders, than, by descending to did not admit; and therefore he should now any refutation of them, to give importance move the previous question.

to his base and unprincipled calumniators. Mr. Brougham felt himself called upon But it was not his intention on that oce to offer himself to the notice of the House, casion to go farther into that part of the by the appeal made by his hon. and subject, in order to shew, that lord Chatlearned friend. His hon. and learned ham had been thus foully calumniated. friend had called upon gentlemen to Having stated his concurrence with the state what law, what statute, or charter opinion of his hon. and learned friend made the conduct of lord Chatham, in upon this point, it remained for him to presenting his Narrative to his Sovereign make a few observations upon those points without the privity of his colleagues, and in which he differed from him. But he with a request of secrecy, a violation of must first remark, that many of the ob. the constitution. He had risen humbly servations of his hon, and learned friend to tender the answer to that question to went directly in support of the arguments the House. As he felt it forcibly, it would of those who meant to vote for the resobe bis fault if he did not explain it satis-lutions. It was admitted by his hon. and factorily to the House. But as his hon. learned friend, that the conduct of lord and learned friend had introduced much Chatham had been improper and unbecomextraneous matter into his speech, he ing. There was then but a trifling dif. should first feel it necessary to make a few ference between what was thus admitted observations upon that part of his hon. by his hon. and learned friend, and what friend's speech before he came to the im- was contended for by those, who supported mediate object he had in rising. It was the resolutions. The distinction was so certainly not his wish, that the son of minute and unpalpable that he was sure Chatham, and the brother of Pitt, should prised it could have produced any variaHe was ready too to assent to every com- "He came next to shew how the conduct mendation which had been bestowed upon of lord Chatham was à violation of the the general conduct and character of lord constitution. The resolutions under disChatham. True it was, that lord Chat-cussion, it must be observed, did not aver, ham had been most grossly calumniated that any thing false or insidious was to be ascribed to lord Chatham, or that he had members of the administration. They taken advantage of bis easy access to his found him not only doing that, but couMajesty to poison the Sovereign's ear pling it with a request of secrecy? Bul, against any man, or class of men. What above all, he would ask, whether it was ever insinuations of that description might not necessary that they should have some have been made, they had no pussible person or persons responsible for every means of coming at. They had enough, act of the King or of the state ? however, before them, in the answer of When the noble lord thus communicated bis Majesty to their address, and in the his advice secretly to his Majesty, how was evidence of lord Chatham, to prove, that it possible for them to look to his Majesty's a Narrative had been presented or con- ministers as responsible for what they veyed privately to his Majesty, with a knew nothing about? And here he would request that it might be kept secret. It remind his hon. and learned friend who was impossible to suppose, that the noble had expressed so eloquent an eulogium lord had intended to mock his Sovereign- upon the great lord Chatham, that that the Narrative must consequently have illustrious person had passed his whole life been presented with a view to impress in fighting the battles of the constitution. upon his Majesty's mind, some represent. He it was, who had denounced the exation upon the subject to which it related. istence of “that secret influence bebind Afterwards the Narrative was taken back the throne, which was greater than the for the purpose of omitting a material dis- throne itself." He must also call upon the cussion, as appeared from the evidence of House to recollect the last act of his minthe noble lord himself. This being the isterial existence, when he resigned his state of the case, there was nothing stated office, because he would not be a

responin the resolutions charging any part of sible for measures over which he had the contents of the Narrative as a breach no longer any controul.” He called upon of the constitution. It was the privacy the House therefore earnestly to fix their with which the affair was conducted cou. attention upon that conduct, and then pled with the request of secrecy, that con- decide whether they could pass over the stituted the violation of the constitution. present case without some marked deIt might be difficult for him perhaps to claration of their sense of its unconstitupoint out any particular act of parliament tional nature. It was unnecessary for making such conduct a violation of the him to take up their time by pointing the constitution; but he could confidently attention of gentlemen to many cases; but appeal to any one of those sound and es. for the sake of the argument, he would tablished principles, of which the consti- suppose one case. If an expedition were tution is made up, or rather which form determined upon by the cabinet, one the constitution itself. Was it not neces- minister, under the influence of this sary that the constitutional ministers of system, might suppose that the object the crown should communicate with each in view was to be best attained by artillery, other constitutionally and confidentially and give advice to that effect to his soveapon all public affairs? Was it not requi. reign ; another by infantry; another (as site that they should conduct the business in the late case) by a coup-de-niain, whilst of the government with united councils, another might give the preference to a and mutual advice and co-operation ? division of light horse. Every one miglit Were they not bound by every obligation have a different opinion, and all agree of duty, and by every principle and the only in one thing, that their advice uniform practice of the constitution, to should be kept snug and secret in the devise in concert all the measures essen- possession of his Majesty. Could any tial to the public interests and welfare? gentleman conceive a greater degree of And was it not necessary, that they should confusion worae confounded than would consult and deliberate together previously result from such a state of ministerial in order to an effectual co-operation af. separation ? But it had been argued by terwards, in the execution of all the va. his hon, and learned friend, that as the rious measures of the government ? Here, inquiry was not yet brought to a conclus however, they found lord Chatham sepa- sion, it was impossible for the House to rating himself from his colleagues, and come to any final decision upon this tendering a statement secretly to his Ma- question; yet he must remind the House, jesty, that is, giving bis advice to his that the charge against ford Chatham, for Sovereign without consulting the other the secrecy of this unconstitutional pro

ceedings ceeding, formed a wholly distinct and en- | vote which he meant to give, and these tire act, the decision upon which could he believed were forcibly felt by some of have no effect whatever upon the progress those gentlemen, who conceived it to be or termination of the inquiry. They had their duty to vote for the Address on a the admission of lord Chatham, and the former night. . answer of his Majesty, to establish the The ground upon which he voted for fact; and he should wish to know, when that address, was not connected with any ther, if they were to reject the resolutions, constitutional principle; but simply bethere would not be an end in future of all cause the House having had one narrative responsibility on the part of his Majesty' laid upon its table, and having reason to ministers. It was in a spirit of fairness suspect that another, and a previous one, to the colleagues of lord Chatham that he was in existence, he could see no good called upon the House to agree to the ground why the House should call for the resolutions; for it would be injustice to second, and not for the first. With rethem to hold them responsible for what spect to the question immediately under they were not and could not be acquaint- consideration, he should be glad to be ined with. He should call upon the House, formed upon what constitutional ground it therefore, to support these resolutions, in was, that a cabinet minister, one of his justice to the principles of the constitution, Majesty's confidential servants, should in fairness to his Majesty's ministers, from not have direct access to his Majesty ? If a regard to the honour of the crown,

in

such a person should give his Sovereign securing from violation that insuperable advice without consulting or communicat. barrier, which guards.the personal invio ing with his colleagues, that would cerlability of the Sovereign, by casting the tainly be an offence towards them, but no whole responsibility of all his acts upon violation of the constitution. Could it be his advisers. He had to apologise to the contended that lord Chatham, after the House for having taken up so much of its termination of the Expedition on which time; and for the reasons he had stated, he had been employed, could nut, con. should vote for the resolutions of his hon. stitutionally, give, in writing, that statefriend.

ment of his proceedings, which he might · Mr. Bankes had listened with the great-verbally communicate to his Sovereign? est pleasure and attention to the hơn. and For himself, he thought it was pertectly learned gent. and more particularly so optional with lord Chatham whether he because he had professed at the outset of would give his statement in writing or his speech, that he would give a distinct orally. They had no evidence why the answer to the appeal of the hon. and learn. statement had been given in accompanied ed gent. who preceded him. Upon the with a request of secrecy. That might answer to this appeal, in his opinion, must have been drawn from the noble lord on depend the decision of the whole of this his examination, if it had not been for the momentuous question. The learned gen- interruption that had occurred. It had tleman no doubt stated the whole of what been said, that the part expunged.conoccurred to him on the subject ; but still tained serious charges against another he had not in what he had so stated service, and against the gallant admiral satisfied his mind as to the violation of the who commanded that part of the conjoint constitution. He must remind that hon. force. If that were so, it would be a heinand learned gent. when he talked of the ous, immoral, and criminal act, but not a constitutional obligation of the members of violation of the constitution. This point the cabinet to act in concert, that the ca. had, he thought, been pressed too hard in binet council was totally unknown to the the opening speech of the hon. gent. constitution. It was an institution of though it was not adverted to in the Remodern introduction, and might have been solutions. Nothing could be more danan imitation, as it was certainly an im- gerous than to make charges against indi. provement, of the cabal of a former reign ; viduals of crimes not distincily defined. but the learned gentleman, he appre- But what would be the situation of lord hended, would not easily find any act or

Chatham if the Resolutions were agreed statute, where the relative duties of the to? It was not because he was the son of members of the cabinet were defined. In the great lord Chatham, or the brother of old times the privy counsellors were the Mr. Pitt, the greatest friend he (Mr. constitutional advisers of the king. He Bankes) or this country ever had, that he begged here to state the grounds of the thought these Resolutions ought not to be

VOL. XVI.

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voted, but because it would be frightful at a time when lord Chatham had no idea to establish the horrid tyranny that would that he should be examined before that be the consequence of adopting the prin- House. He did not think, therefore, that, ciple on which they were founded. If according to any law of the constitution, the hon. gent. should succeed in his pre- lord Chatham could justly be punished sent object, he musl be, in consistency, for giving in this Narrative, which at worst bound to follow it up with an address for could only be considered as an error of the removal of lord Chatham from his judgmeit. He called upon the House to Majesty's councils and presence for ever; remember how fluctuating their decisions and all this for an impuied breach of the were, and lamented the revival of the old constitution.

popular clamour about secret influence. The constitution, he must observe, was He was of opinion, that his Majesty had an old work; there were many editions of an undoubted right to call upon any of it; and every one had his own reading his subjects for advice; and he concluded He should tremble at the consequences by saying that he was prepared to vote that must ensue, if once a majority should against the Resolutions. take upon itself to give an arbitrary inter- Earl Temple could not conceal his surpretation of the text. Nothing could be prise at the constitucional ideas of the more dangerous, than that the House of hon. gent, who had just sat down. Where Commons should take upon itself caprici- was it possible for him to have learned his ously to declare what was the law of the theory of the constitution ? or, where had constitution upou the first view of a case, he learned its history? Where had he such as that under consideration. The learned that most choice and curious fact, constitution had powers to guard it from that the cabal was the parent of the cabiinvasion. The responsibility of ministers nets? He for his own part, had conceived, for the advice they gave to their Sove that every man in public life must have reign, was one of those powers. But for known the facts and events of public his. advice not acted upon, there could be no tory, so far as to secure him against luresponsibility, because there was no prac. dicrous error. At the time, to which so tical result, and consequently no guard many allusions had been made, certain provided. In his early political life he members of the privy council (and one had heard much of secret influence,which person not a member) attempted to enhe never supposed to exist to the extent gross the royal mind, and act as the sole asserted in the clamours against it. The advisers of the crown.

The cabal which sanction of lord Chatham's authority to these five persons formed, was overthrown this clamour had given it more currency by the advice of sir William Temple, and than it deserved. His Majesty's ministers the cabinet composed of a committee of were responsible whether the advice the privy council substituted in its stead. came from secret advisers, from the King The great writers, the eminent patriots, himself, or from them. He could not the leading parliamentary speakers of suppose

any set of men would be base that and the succeeding age, have stigenough to act with responsibility under matized the cabal as one of the vilest irresponsible advisers. There were no and most atrocious devices to alienate constitutional means of punishing secret the Monarch from the subject-an exadvisers : the responsibility attaching to treme point-a landmark to distinguisha the men alone who act. Nothing, there the spot where the rich and precious fore, could induce him to say by his vote, freight of the nation's liberties was near that the matter stated in the first resolu- being cast away. This was not now to tion was a violation of the constitution. be set up as a vindication of lord ChatBut, if a doubt could exist upon the sub. ham's conduct, or as a guide to that of ject, what an injustice would be done to the House. But it had been triumphantly the individual by voting his conduct a asked what principle of the constitution violation of the constitution! He did not was violated by lord Chatham's conduct ? wish to shelter himself under the previous Was it then nothing, that he had assumed question, but would be ready to meet the to himself the office of giving clandestine Resolutions with a direct negative. The evidence in his own cause, and for his hon. member then proceeded to shew, own defence; or that he had put himself ibat the narrative contained no charges into a situation to poison the royal ear against the admiral or the navy, and that against the affection, the feeling, the it had been given in, in its amended form, loyalty, the fame of his faithful people. It must not be supposed that in saying The introduction of the charge against this, he spoke from any private hostility; the noble lord had been called an episode; far from it, his feeling led him quite the but if it were, it was the work of the nocontrary way. If it had been a question ble lord himself; every line and incident respecting the private honour or the per of the piece had received their form and sonal conduct of the noble lord, as a pri. finish from himself. It was true that vate man; if the offence had been of a nothing could be more dangerous than to nature, which he could scarcely suffer take the reading of the constitution from himself

that

, even in imagination, to impute to the capricious decisions of fickle and vathat noble person, he could not have put rying 'majorities. With this position of himself to the pain of pursuing his crime the hon. gent. be fully agreed, but there to punishment; he would not have raised was a further one in which he could not ' his voice against the individual; but it discover whether that gentleman was in was not now with the individual, it was jest or earnest. He had said, if public with the general, the minister, the privy men could be found base enough to subcounsellor, and with a man found wanting mit themselves to the dictates of men, in each and all of those capacities, that he over whom they could have no controul, came into examination. What was then with whom they could have no responsible the offence of lord Chatham ? That he did connection, or of whom they, perhaps, not give his advice to the King in a form had no knowledge; those men must themthat was cognisable by the constitutional selves be the immediate objects of public authorities of the country? Why did he contempt and public reprehension. This presume to tell the House that his Narra- he thought the truth, and nothing but the tive was presented at one time, and after- truth. Let him compare his conjecture wards, that it had been presented at ano- with the fact. Let him try how his printher? Why did he attempt to suppress ciple would work in practice. But if . the circumstance, till the reluctant con- those Resolutions were not suffered to pass,

fession was wrung from his lips by this no matter what obloquy, no matter what House ? He had heard some serious ap- shame, no matter what fear, might belong peals made to the feelings of the House to the office, there would always be found by an hon, and learned gentleman oppo- men base enough to prefer even a desite (Mr. Stephen), and the memory of graded emolument, to the cause, the Mr. Pitt had been called up to throw the glorious and ennobling cause of their shade of his talents and his virtues over country. the unconstitutional conduct of his brother. Mr. Stephen explained. He by no The spirit of the great lord Chatham had means called on the House not to proceed been adjured with a solemnity equally against the noble lord for the sake of his unnecessary. But was this tirade of feel. father and his brother; he had only said ing to insult the justice of the country that the words of William earl of Chatham When it was considered in what the ought not to be quoted to aggravate the merits of that admirable father, and of accusation against his son, and he had that lamented brother, consisted, he was only conjured those who venerated that surprised that the mind of that House illustrious character, and who were alshould be forced to “ look on that pic.tached to, and had been obliged by Mr. ture, and on this.” It was the similarity Pitt, to assist his feeble efforts in the denot of name, but of principles, that was fence of the noble lord against the stream required to sustain the character of men. of party spirit, and to rescue him from the -This (said lord Temple) is the first time grossest injustice. that I have ever ceased for a moment to Mr. Johnstone said, that he came down regret the death of Mr. Pitt. What would to the House with a conviction that the have been the feelings of that memorable conduct of the noble lord demanded the man on this occasion, if he had beard, adoption of some serious resolutions. But among all the follies, and errors, and ca- the speeches of his learned friend (Mr. lumnies that have just arisen, the favourite Stephen), of whose judgment and talents, service of the country, the British navy, he had the bighest opinion, and of the the pride of the world, disgraced, and hon. gentleman opposite (Mr. Banks) al. that by his own brother?-(Čries of No, though very different from each other, led no! from the treasury bench.) This cla- him to doubt the accuracy of his own moar was nothing against fact. He appeal- judgment upon the question. He cer. ed to the very language of the Narrative. tainly did not conceive that the conduct of

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