venience resulting to a town of so much trade as Colchester, from the circumstance of remaining unrepresented for two months, and during the agitation of questions of so much importance, as had for some weeks past engaged the attention of the House, and it was added, that the electors who had voted for Mr. Tierney, had no doubt but that in due time they should be able to establish the fact, that he had the majority of good votes, to the satisfaction and conviction of a committee of that House; they therefore prayed the House to take such measures as to their wisdom should seem fit, to prevent the town of Colchester from any longer remaining unrepresented. Mr. Dempster said, that nothing could more militate against his ideas of the constitution, than the supposition that the House, under its present circumstances, could even go the length of issuing a writ, for the choice of a representative for a vacant borough, or take any one step whatever of a parliamentary nature, before they had the third estate restored, and were made a regular House of parliament. He therefore hoped the hon. baronet would wave his intention of presenting the Petition on Wednesday next, and not urge the House to proceed farther than the length of issuing writs, to which they already had proceeded. Jan. 13. Mr. Pitt presented the Report from the Committee appointed to examine the physicians who have attended his Majesty during his illness, touching the present state of his Majesty's health, and to report such examination, forthwith, to the House. On the motion, that it be now read, Mr. Burke rose. He said he would confine what he had to say to a few words, and a few words only. It always gave him pain to differ in opinion from gentlemen with whom he was associated for the purpose of discharging a public duty; and, on the present occasion, it gave him as much pain so to differ, as it ever had done on any one occasion that had occurred in the whole course of his life; but, there was a point of duty and in that duty a point of importance superior to every personal consideration. It was, therefore, in compliance with that important duty, that he then felt it in cumbent on him to rise, to object to the Report being read, to move for its recommitment, to complain of the conduct of the Committee, and to accuse them of not [VOL. XXVII.] 1 having faithfully discharged their duty. The first matter which he should beg leave to state was, that instead of construing the order of the House, which appointed:them, in its largest sense, and extending their inquiry to that degree which alone: could be likely to furnish ample evidence, they had narrowed it within the literal construction of the order, and confined. themselves to the bare examination of his Majesty's physicians, without calling before them any of the surgeons, apothecaries, and others, who had attended on his Majesty, and by that exclusion had debarred themselves of the opportunity of learning from the most likely channels of authentic information, the actual state of his Majesty's health, and the progress of that alteration and approach towards convalescence, from whence they were to collect their hopes of his recovery. From this circumstance of their having narrowed their ground, and included themselves within the letter of the law, they had deprived themselves of the possibility of reporting the whole truth; and thus, by a partial and imperfect report, had given what it contained of truth, in such a maimed and mutilated state, that it could not be relied on. Mr. Burke added, that he was aware that the Committee had acted under the order of the House; but still he thought it right to state what he had said, in support of his charge against the Committee; at the same time, he did not rest his complaint to the House chiefly on; the circumstance of the Committee having. narrowed their ground of inquiry, and confined it too literally to the order, upon the authority of which they had proceeded. There were other grounds of complaint, consisting of the omission of certain material circumstances, tending, in his opinion, to give the Committee a just estimate of the state of his Majesty's health, and of the probability of his cure. Mr. Burke explained these to consist of two points, the chief of which was, that of two of his Majesty's physicians having been set against each other, and examined as equal in point of skill. He did not so much complain of Dr. Warren and Dr. Willis having been put upon an equality, and so considered (because it was impossible for him to know, whether in point of fact they were so or not); but where there was a manifest difference of opinion between two professional persons, in respect to the nature of the King's case, the only way for unlearned men to enable [30] themselves to decide which authority ought to preponderate and govern their opinion, was by calling other physicians before them, and by examining them, collecting to which of the two so set against each other, the greatest degree of credit ought to be given. Mr. Burke here observed, that it appeared plainly to him, in consequence of what had come out in the course of the examination, that his Majesty's life was not safe, nor had it been safe since he had been put into such hands. He did not mean by this declaration, that there was any where a treasonable design to take away his Majesty's life. Heaven forbid, that there should be any such design! He imputed a murderous design to no man, but he must take the liberty of repeating that it appeared to him-and he believed he might say, that it thus appeared to others of the Committee-that his Majesty's life was not safe, and all this owing to no bad design in any person, but to the rashness of those to whom the care of his royal person was intrusted. That trust, if he might so phrase it, was of too sacred importance to be suffered to be executed rashly, carelessly, and improperly. In it were involved the life of the sovereign and the interests of his people.-Mr. Burke declared that he should, on the grounds which he had stated, move to recommit the Report, because it was in his opinion, highly essential, that, having contrasted two physicians together, the other physicians ought to be fully examined upon the points in dispute between those two physicians so contrasted; and if the Committee did not possess sufficient powers to have pursued such an examination, they ought immediately to have come to the House and asked for farther powers. He was aware that his motion would be attributed to delay; but although the Report upon the table certainly would appear important; it must still acquire an additional consequence if rendered more extensive, and it would at the same time prove more faithful, more fair, and more full, as well with regard to its object, as to the physicians themselves. Mr. Pitt said, that the right hon. gentleman had accused the Committee of having narrowed their inquiry; which, when the time during which the Committee had continued engaged upon their investigations, and the bulk of the report on the table, nearly 400 folio pages, were considered, he did not believe would be the sense of the House. The right hon. gentleman said that they had narrowed their inquiry, because, having been ordered by the House to examine his Majesty's physicians, the Committee had not proceeded to examine his surgeons and apothecaries, for examining whom, the sense of the House had been, expressly taken before the Committee sat, and the sense of the House had been that they should not be examined. Whether the Committee had not examined his Majesty's physicians for the last week fully, would be seen from the report. But as, from the manner in which the right hon. gentleman had stated, what he had called the setting two of his Majesty's physicians one against the other, an impression might possibly be made upon the minds of the House, that the Committee had examined only two of his Majesty's physicians, it became necessary for him not to let the House separate without informing them that when the report was read, gentlemen would find that the Committee had examined every one of his Majesty's phy sicians, and that over and over again. They had put to all of them every question that appeared to them immediately to lead to the main point and object, and, he was ashamed to say, a great many collateral questions besides, all of which had a very remote relation to the state of his Majesty's health. But, in the course of their inquiry during the preceding day, a point had manifested itself, which was not the point of the King's recovery, nor the point of Dr. Willis's or Dr. Warren's opi nion concerning the probability of that most desirable event, but a point which went to the skill of his Majesty's physicians; a matter which the Committee was neither authorized nor competent to inquire into. The right hon. gentleman had himself, at the last moment when the Committee were about to close their examinations and to dismiss the physicians, thought proper to introduce collaterally a point that conveyed a charge against Dr. Willis's conduct, and the single circumstance on which the right hon. gentleman had then rested the strong language which be had just used, of "his Majesty's life not being safe," was, its having come out, that Dr. Willis had trusted a razor in his Majesty's hand; a fact, which Dr. Willis most readily admitted, and without the smallest reserve had stated his reasons for his conduct. Mr. Pitt contended, that the sort of inquiry, for not having suf fered which Mr. Burke had charged the Committee with not having done their duty, was an inquiry into the skill and prudence of Dr. Willis, which the Committee had no right to make, and that the circumstance on which he had grounded the strong language he had used, was chiefly a question of reason and propriety, and not directly in point to the object before them; and therefore the Committee, after being satisfied as to the immediate end of their inquiry, had thought it their duty, instead of frustrating the expectations of that House and of the public, by what they considered as unnecessary delay, to close their examinations and make their report. The right hon. gentleman, he conceived, could not be serious in objecting to the report being read, because it would be impossible for him to introduce the motion of recommitment, or any other respecting it, unless the report were first read pro formâ. It had been his intention to have moved, that the order for going into the Committee on the state of the nation should stand for Thursday; but from the extreme length of the report, it would be impossible to have it printed and ready for delivery before Thursday morning; and as it was voluminous, gentleman could not read it through in time to proceed upon it in the same day. He found himself under the necessity, therefore, of moving that the Committee on the state of the nation, should stand for Friday. Mr. Windham said, that the first observation he had to make on what had fallen from the Chancellor of the Exchequer was, that whether the report proved long or not, was a mere relative consideration. The length or shortness of a report undoubtedly depended on the importance and extent of the object to which that report was confined, and it was of no consequence whether the Committee had deliberated one day or ten, or what was the number of sheets contained in the report. They had been ordered to inquire touching the state of his Majesty's health, and the probability of his recovery, and they were to form their own judgment upon it, and report that judgment to the House. They could have no judgment till they bad inquired and obtained information, and that information they were to receive through his Majesty's physicians. In order to obtain it, they must necessarily ask them questions of all sorts, and not merely as to their knowledge of the present state of his Ma jesty's health and their opinion as to his recovery; because, that kind of examination would prove short indeed; and might be completed by making the number of questions the same as that of the physicians. Mr. Windham argued the neces sity of sifting the grounds of the opinions of the physicians, as well as of ascertaining the facts on which those opinions rested. Mr. Burke said, he had not complained of the Committee's having narrowed their inquiry on the ground of their not having continued long enough engaged, or made a report sufficiently voluminous; but on account of their too strict observance of the order by the authority of which they had proceeded; nor had his objection gone to the examining of two witnesses only, but a difference of opinion having been stated by those two, he had contended, that the other physicians ought to have been examined as to the grounds of that difference of opinion, whence the Committee might have fortified their own minds, and enabled themselves to decide which opinion was right. The right hon. gentleman had intimated that much of the discussion which had kept the Committee sitting so long, had been owing to those who had differed in opinion. If the House would have a little patience, he believed that it would be found to be otherwise. With regard to his having introduced a point at the end of the inquiry, which had led to collateral circumstances not immediately relative or material, he appealed to the right hon. gentleman, whether he had not, in the early part of the examination, given way to members of the Committee of greater weight and authority than himself; but, when he had done so, he had expressly observed, that before the inquiry closed, he should put questions of the nature complained against. If, then, he had been wrong at the end of the inquiry, he had been wrong at the beginning, and ought to have been stopped at the outset. The question for reading the report was put and carried; and as soon as the report had been read pro forma, Mr. Burke moved, "That the said report be re-committed," which motion was negatived. It was then ordered that the House should resolve itself into a committee on the State of the Nation on Friday. Jan. 16. Sir Robert Smyth rising, read over the Colchester Election Petition, in no the same manner as on Monday. He was aware that there must be some small irregularity in the House's proceeding to notice the petition, but as they had issued writs, chosen a speaker, and exercised other important functions, he saw reason for their stopping short, and refusing to take into consideration a complaint of an improper return upon an election, by the means of which, so considerable a town as Colchester, had remained misrepresented during the whole time that the Jate very important subjects of discussion had been under agitation. He rather hoped that no objection would be made to receiving the Petition, as on the day when a doubt had been started, whether, under the present circumstances of the House, the Speaker ought to issue his writ to choose a representative for a vacant borough, a right hon. gentleman had advised, that the Speaker might issue his writ, and expressed an anxiety, that during the agitation of questions so new, critical, and important in their nature, as full a representation of the people in that House as possible might be obtained. The subject would justify much discussion; but, as other matter of infinite magnitude was expected to occupy the attention of the House, respecting which the public curiosity was extremely impatient, he would barely move for leave to bring up the Petition. Mr. Dempster begged to remind the hon. baronet, that upon a former day he had intreated him to wave his intention of agitating the Petition at present, and this, because he thought that the House had no power to do any one matter of business under the present circumstances, other than what the necessity of the case absolutely required, Mr. Pitt said, that as the House had met for the investigation of most important business, respecting which the impatience of the public had risen to a great height, he should not devote many moments to the present subject. It appeared to him that the manner in which the Petition was brought forward, was different from that in which petitions, in cases of election, were generally introduced, which of itself was sufficient to show that the case was new. In general, petitions complaining of undue elections and false returns, were brought and laid upon the table, within fourteen days of the opening of the session, in consequence of an order of the House. At present, it was noto rious that the House had made no such order, the session not having been regularly opened, and therefore the hon. baronet, he presumed, had moved for leave to bring up the Petition. The hon. baronet had stated, that a doubt being started as to the propriety of the Speaker's issuing his writ for the election of a representative of a vacant borough, he had risen and declared his wish to have the representation of the people in that House as full and as complete as possible, during the discussion of those very critical and important questions, to which the exigency of the times unfortunately gave occasion. The fact undoubtedly was so, and he still entertained the same opinion; but though he was very ready to take every proper step towards that end, yet as the other business of the day pressed exceedingly, without meaning to decide at all upon the question that had been moved, he thought the most advisable mode for the House to pursue, would be, to adjourn the debate upon it till the ensuing Monday, by which means, gentlemen would have had time to look into Mr. Grenville's Bill, and make up their minds as to the measure which might prove the most proper for their adoption. Sir Robert Smyth answered, that as the town of Colchester was so respectable in point of view, he thought its remaining unrepresented, while such critical, constitutional questions were daily agitating in that House, a matter of serious moment, and had therefore felt it is duty to apprise the House of the fact, and submit the Petition he had read, to their wisdom and judgment. The motion for adjourning the debate upon this question was put and carried. Mr. Pitt now moved, "That the order of the day be read for the House to resolve itself into a committee to take into further consideration the State of the Nation." The same was read accordingly, with the order for referring the several reports which had been brought up and read, to the Committee. The Speaker left the chair, and Mr. Brooke Watson took his seat at the table. Mr. Pitt then rose. He opened his remarks, by expressing his concern at perceiving that the particular situation of the country called upon them to exercise a right, that had devolved upon them, in consequence of the melancholy situation of his Majesty, which rendered him incapable of exercising the royal authority, Upon the present distressful occasion, it behoved them to provide the means of supplying the deficiency; but, in doing so, he trusted that it must be the wish of every gentleman, that they should proceed in the manner the best calculated to give general satisfaction, and the most likely to secure the approbation of the people, who, he had the happiness to know, had generally attended every step which they had hitherto taken. He sincerely wished, that every measure which he should have the honour to propose, might be fully discussed, and fairly decided upon; that the nature of the case, the general principles on which they ought to proceed, and the application of those principles, might be clearly and distinctly pointed out. In so doing, they would be best enabled to meet the emergency which called upon them, and to provide for the defect of the personal exercise of the royal authority. The business of the Committee lay in a very narrow compass, notwithstanding the voluminous reports on the table. In the report last delivered, there was abundant matter of confirmation to him, of the propriety and prudence of those measures which he was, as the Committee were aware, prepared to have proposed to them nearly ten days ago. But, though there was much material information in that report, there was no difference, in his opinion, in the ground of what he had to offer, but that on the former day, as well as on the present, the Committee had more information before them, than was sufficient to bear out all that he should submit to their consideration. Had he, on the former day, felt it necessary to state the ground on which he intended to have built his proceeding, he should have stated it thus, "That his Majesty was incapable of meeting his parliament, or attending to public business; that the unanimous opinion of his physicians was, that his Majesty's recovery was more probable than the contrary, and that all the physicians agreed that it was impossible to ascertain when that so much wished-for event might take place; but that those who were more immediately conversant with the disorder with which his Majesty was afflicted, had declared that the majority were cured; and that one of the physicians, the most conversant of any, had stated, that the greatest length of time which he had ever known the disorder to continue, was a year and a half, or two years, that the shortest was three months, and that the average five or six months." In saying even that, he should have said more than was necessary for any argument on the principle on which he went. What they had to provide for, therefore, was no more than an interval, and he flattered himself that it would prove but a short interval. If, however, unfortunately, his Majesty's illness should be protracted, they might leave it to parliament to do what was at present clearly unnecessary— to consider of a more permanent plan of government. If they regarded the disorder not in itself incurable, every man must admit that the provisions ought not to be permanent. Mr. Pitt now recapitulated what had passed concerning the subject upon the Tuesday se'nnight, and the line of argument that had been adopted, which rendered it impossible for him to avoid giving way to a more narrow and minute inquiry than had before takenplace; and, however he might feel pain on account of some particular points which had passed in the Committee, he could not, upon the whole, but rejoice that he had given way, as it now appeared that the argument on which the right hon. gentleman over against him had relied, viz. that, because a month had elapsed since the former inquiry, his Majesty's cure was to be considered as the more improbable, was not grounded; and as, however much the physicians disagreed in other points, they were unanimous that the probability of the cure rested precisely on the same grounds as before;-a circumstance which, he was persuaded, would give as much pleasure to the right hon. gentleman as it had done to himself. With regard to the difference of opinion between the physicians, as to the prospect of a recovery, it appeared to him to depend on two circumstances, by which it could be decided on whose opinion the greatest reliance ought to be placed. The first circumstance was the knowledge of the malady in general; and the second the knowledge of the particular case of the patient. Three of his Majesty's physicians had been conversant with the malady. Two others, thought not so conversant were well acquainted with his Majesty's habits. These two (sir George Baker, and Dr. Warren) attended his Majesty for two hours each day; the three others from the evening until eleven in the fore noon. Surely, it was natural for those who attended his Majesty most to be the |