States (Mr. Erskine), upon which it was not my wish to have touched, if the honourable gentleman had not forced me to do so, because I cannot touch upon it without speaking unfavourably of the conduct of a gentleman towards whom I entertain no feeling of hostility whatever. But, as the honourable gentleman has thought proper again to advert to the subject, I am compelled, in my own defence, again to assert, as I have repeatedly before asserted, that Mr. Erskine, in the arrangement which he concluded with the American Government, did violate both the letter and the spirit of the instructions under which he acted. That he violated the letter of his instructions, is admitted by every body-by the honourable gentleman himself. Mr. Erskine was expressly directed to do certain things, which he did not do. But it was not, as the honourable gentleman insinuates, a mere formal error-a merely literal mistake. Mr. Erskine violated the spirit of his instructions, because, being authorised to concede certain points to the American Government, in consideration only of concessions to be by them reciprocally and simultaneously made, he did that absolutely, which he was instructed to do only conditionally, and thereby lowered the tone and just pretensions of his country. I am still ready, as I ever have been, to go into the full discussion of this question, whenever the honourable gentleman may think

proper; but unless he should advert to it again I shall now take a final leave of it, and never again revive it.

Sir, I have now only to add, with respect to the Bill before the House, that it is not because I think that a war is to be apprehended with Ame. rica, or that a question may arise as to the abandonment or seizure of the island of Sicily, that I assent to the Vote of Credit; but because I wish to enable His Majesty's Ministers to aid to the utmost extent, to maintain to the last extremity, the contest in Portugal and Spain, and also to take advantage of any opportunities which may arise for the annoyance of the enemy, and for which, without a Vote of Credit, they might be unprovided. For the application of the means, which this Vote entrusts to them, the Ministers are responsible. And I can assure the honourable gentleman, that, if he and his friends had now the conduct of the Government, for the same purposes, and under the like responsibility, I should not be disposed to withhold from them that degree of confidence (whatever it be) which this Vote may be construed to imply.

After some discussion, the Bill was read a third time and passed.

STATE OF THE NATION.-KING'S ILLNESS.

DECEMBER 20th, 1810.

THE CHANCELLOR OF THE EXCHEQUER having moved that the House resolve itself into a Committee on the State of the Nation, submitted the following Resolutions:

"First. That it is the opinion of this Committee, that it is the right and duty of the Lords Spiritual and Temporal and Commons of the United Kingdom of Great Britain and Ireland, now assembled, and lawfully, fully, and freely representing all the estates of the people of this realm, to provide the means of supplying the defect in the personal exercise of the Royal Authority, arising from His Majesty's said indisposition, in such manner as the exigency of the case may appear to them to require.

"Secondly. That it is the opinion of this Committee, that for this purpose, and for maintaining entire the constitutional authority of the King, it is necessary that the said Lords Spiritual and Temporal of the United Kingdom of Great Britain and Ireland, should determine on the means whereby the royal assent may be given in Parliament respecting the exercise of the powers and authorities of the Crown, in the name and on the behalf of the King, during the continuance of His Majesty's present indisposition.

"Thirdly. That it is the opinion of this Committee, that for this purpose, and for maintaining entire the constitutional authority of the King, it is necessary that the said Lords Spiritual and Temporal, and Commons of the United Kingdom of Great Britain and Ireland, should determine

on the means whereby the royal assent may be given in Parliament to such bill as may be passed by the two Houses of Parliament, respecting the exercise of the powers and authorities of the Crown, in the name and on the behalf of the King, during the continuance of His Majesty's present indisposition."

The first and second Resolutions were agreed to with the dissent of Sir F. Burdett, but without a division.

MR. PONSONBY, on the third Resolution being moved, proposed the following Amendment :

"That all the words after the word That' should be left out, for the purpose of inserting that An humble Address should be presented to His Royal Highness the Prince of Wales, requesting that he would be graciously pleased to assume and exercise the sovereign authority of these realms, during the continuance of His Majesty's indisposition, and no longer, under the title of Regent of the United Kingdom of Great Britain and Ireland."

MR. CANNING rose and said :-The Committee has now submitted to their consideration the two different courses of proceeding, severally recommended on each side of the House, as fittest to be pursued in the present unfortunate situation of the country. Upon one side--upon that of my right honourable friend, the Chancellor of the Exchequer, the whole of the plan proposed has been laid before us. Upon the other side, the general principle and introductory stage only, from which, however, we collect the nature of the

intended subsequent proceedings. Thus situated, we are now to determine what course it will be best to follow under all the circumstances. The duty which devolves upon us, is to provide for a great and pressing emergency, by supplying the defect which has unfortunately taken place in the executive power.

In deciding the preference between the two modes recommended for our adoption, the committee is first called upon to exercise its judgment as to the degree of power and authority which the two Houses of Parliament can justly claim to belong to them, under the circumstances of so extraordinary an emergency. That, if not within the power of the two Houses of Parliament to supply the remedy which the exigency requires, it is not of the competence of any other existing authority, is a point agreed on all hands. Not the right, therefore, and the power, but the mode of exercising them is the question in dispute. On the one hand, it is proposed that the two Houses of Parliament should set out as nearly as possible in the ordinary manner of legislation, passing an act, which, so far as they are concerned, would be an Act of Parliament in form, and supplying by a legal fiction the place of the third branch of the constitution, for the especial purpose of giving effect and validity to the one necessary act, so passed by them, and no further. On the other hand, it is suggested that the deficiency should