Abbildungen der Seite
PDF
EPUB

turn the right of election into such a farce and mockery as a fictitious fine and recovery, will, I hope, have another fate; because the laws which give it are infinitely dear to us, and the evasion is infinitely contemptible.

The people indeed have been told, that this power of discretionary disqualification is vested in hands that they may trust, and who will be sure not to abuse it to their prejudice. Until I find something in this argument differing from that on which every mode of despotism has been defended, I shall not be inclined to pay it any great compliment. The people are satisfied to trust themselves with the exercise of their own privileges, and do not desire this kind intervention of the house of commons to free them from the burthen. They are certainly in the right. They ought not to trust the house of commons with a power over their franchises: because the constitution, which placed two other co-ordinate powers to controul it, reposed no such confidence in that body. It were a folly well deserving servitude for its punishment, to be full of confidence where the laws are full of distrust; and to give to a house of commons, arrogating to its sole resolution the most harsh and odious part of legislative authority, that degree of submission which is due only to the legislature itself.

When the house of commons, in an endeavour to obtain new advantages at the expense of the other orders of the state, for the benefit of the commons at large, have pursued strong measures; if it were not just, it was at least natural, that the constituents should connive at all their proceedings; because we were ourselves ultimately to profit. But when this submission is urged to us, in a contest between the representatives and ourselves, and where nothing can be put into their scale which is not taken from ours, they fancy us to be children when they tell us they are our representatives, our own flesh and blood, and that all the stripes they give us are for our good. The very desire of that body to have such a trust contrary to law reposed in them, shews that they are not worthy of it. They certainly will abuse it; because all men possessed of an uncontrouled discretionary power leading to the aggrandize ment and profit of their own body have always abused it: and I see no particular sanctity in our times, that is at all likely, by a miraculous operation, to overrule the course of nature.

But we must purposely shut our eyes, if we consider this matter merely as a contest between the house of commons and the electors. The true contest is between the electors of the kingdom and the crown; the crown acting by

an instrumental house of commons. It is precisely the same, whether the ministers of the crown can disqualify by a dependent house of commons, or by a dependent court of star chamber, or by a dependent court of king's bench. If once members of parliament can be practically convinced that they do not depend on the affection or opinion of the people for their political being, they will give themselves over, without even an appearance of reserve, to the influence of the court.

Indeed, a parliament unconnected with the people, is essential to a ministry unconnected with the people; and therefore those who saw through what mighty difficulties the interiour ministry waded, and the exteriour were dragged, in this business, will conceive of what prodigious importance, the new corps of king's men held this principle of occasional and personal incapacitation, to the whole body of their design.

When the house of commons was thus made to consider itself as the master of its constituents, there wanted but one thing to secure that house against all possible future deviation towards popularity; an unlimited fund of money to be laid out according to the pleasure of the court.

To complete the scheme of bringing our court to a resemblance to the neighbouring monarchies, it was necessary, in effect, to destroy those appropriations of revenue, which seemed to limit the property, as the other laws had done the powers, of the crown. An opportunity for this purpose was taken, upon an application to parliament for payment of the debts of the civil list; which in 1769 had amounted to £.513,000. Such application had been made upon former occasions; but to do it in the former manner would by no means answer the present purpose.

Whenever the crown had come to the commons to desire a supply for the discharging of debts due on the civil list; it was always asked and granted with one of the three following qualifications; sometimes with all of them. Either it was stated, that the revenue had been diverted from its purposes by parliament; or that those duties had fallen short of the sum for which they were given by parliament, and that the intention of the legislature had not been fulfilled; or that the money required to discharge the civil list debt, was to be raised chargeable on the civil list duties. In the reign of Queen Anne, the crown was found in debt. The lessening and granting away some part of her revenue by parliament was alleged as the cause of that debt, and pleaded as an equitable ground, such it certainly was, for discharging

it. It does not appear that the duties which were then applied to the ordinary government produced clear above £.580,000 a year; because, when they were afterwards granted to George the First, £.120,000 was added, to complete the whole to £.700,000 a year. Indeed it was then asserted, and, I have no doubt, truly, that for many years the net produce did not amount to above £.550,000. The Queen's extraordinary charges were besides very considerable; equal, at least, to any we have known in our time. The application to parliament was not for an absolute grant of money; but to empower the Queen to raise it by borrowing upon the civil list funds.

The civil list debt was twice paid in the reign of George the First. The money was granted upon the same plan which had been followed in the reign of Queen Anne. The civil list revenues were then mortgaged for the sum to be raised, and stood charged with the ransom of their own deliverance.

George the Second received an addition to his civil list. Duties were granted for the purpose of raising £.800,000 a year. It was not until he had reigned nineteen years, and after the last rebellion, that he called upon parliament for a discharge of the civil list debt. The extraordinary charges brought on by the rebellion, account fully for the necessities of the crown. However, the extraordinary charges of government were not thought a ground fit to be relied on.

A deficiency of the civil list duties for several years before, was stated as the principal, if not the sole, ground on which an application to parliament could be justified. About this time the produce of these duties had fallen pretty low; and even upon an average of the whole reign they never produced £.800,000 a year clear to the treasury.

That prince reigned fourteen years afterwards: not only no new demands were made; but with so much good order were his revenues and expenses regulated, that, although many parts of the establishment of the court were upon a larger and more liberal scale than they have been since, there was a considerable sum in hand, on his disease, amounting to about £.170,000 applicable to the service of the civil list of his present majesty. So that, if this reign commenced with a greater charge than usual, there was enough, and more than enough, abundantly to supply all the extraordinary expense. That the civil list should have been exceeded in the two former reigns, especially in the reign of George the First was not at all surprising. His revenue was but £.700,000,

annually; if it ever produced so much clear The prodigious and dangerous disaffection to the very being of the establishment, and the cause of a pretender then powerfully abetted from abroad, produced many demands of an extraordinary nature both abroad and at home. Much management and great expenses were necessary. But the throne of no prince has stood upon more unshaken foundations than that of his present majesty.

To have exceeded the sum given for the civil list, and to have incurred a debt without special authority of parliament, was, prima facie, a criminal act: as such, ministers ought naturally rather to have withdrawn it from the inspection, than to have exposed it to the scrutiny, of parliament. Certainly they ought, of themselves, officially to have come armed with every sort of argument, which, by explaining, could excuse, a matter in itself of presumptive guilt. But the terrours of the house of commons are no longer for ministers.

On the other hand the peculiar character of the house of commons, as trustee of the public purse, would have led them to call with a punctilious solicitude for every public account, and to have examined into them with the most rigorous accuracy.

The capital use of an account is, that the reality of the charge, the reason of incurring it, and the justice and necessity of discharging it, should all appear antecedent to the payment. No man ever pays first, and calls for his account afterwards; because he would thereby let out of his hands the principal, and indeed only effectual, means of compelling a full and fair one. But, in national business, there is an additional reason for a previous production of every account. It is a check, perhaps the only one, upon a corrupt and prodigal use of public money. An account after payment is to no rational purpose an account. However, the house of commons thought all these to be antiquated principles; they were of opinion, that the most parliamentary way of proceeding was, to pay first what the court thought proper to demand, and to take its chance for an examination into accounts at some time of greater leisure.

The nation had settled £.800,000 a year on the crown, as sufficient for the support of its dignity, upon the estimate of its own ministers, When ministers came to parliament, and said that this allowance had not been sufficient for the purpose, and that they had incurred a debt of £.500 000, would it not have been natural for parliament first to have asked, how, and by what means, their appropriated allowance came to be insufficient? Would it not have savoured

of some attention to justice, to have seen in what periods of administration this debt had been originally incurred; that they might discover, and, if need were, animadvert on the persons who were found the most culpable? To put their hands upon such articles of expenditure as they thought improper or excessive, and to secure in future, against such misapplication or exceeding? Accounts for any other purposes are but a matter of curiosity, and no genuine parliamentary object. All the accounts which could answer any parliamentary end were refused, or postponed by previous questions. Every idea of prevention was rejected, as conveying an improper suspicion of the ministers of the crown.

When every leading account had been refused, many others were granted with sufficient facility.

But with great candour also, the house was informed, that hardly any of them could be ready until the next session; some of them perhaps not so soon. But, in order firmly to establish the precedent of payment previous to account, and to form it into a settled rule of the house, the god in the machine was brought down, nothing less than the wonder-working law of parliament. It was alleged, that it is the law of parliament, when any demand comes from the crown, that the house must go immediately into the committee of supply; in which committee it was allowed, that the production and examination of accounts would be quite proper and regular. It was therefore carried, that they should go into the committee with out delay, and without accounts, in order to examine with great order and regularity things that could not possibly come before them. After this stroke of orderly and parliamentary wit and humour, they went into the committee; and very generously voted the pay

ment.

There was a circumstance in that debate too remarkable to be overlooked. This debt of the civil list was all along argued upon the same footing as a debt of the state, contracted upon national authority. Its payment was urged as equally pressing upon the public faith and honour and when the whole year's account was stated, in what is called the budget, the ministry valued themselves on the payment of so much public debt, just as if they had discharged £.500,000 of navy or exchequer bills. Though, in truth, their payment, from the sinking fund, of debt which was never contracted by parliamentary authority, was, to all intents and purposes, so much debt incurred. But such is the present notion of public credit, and

payment of debt. No wonder that it produces such effects.

Nor was the house at all more attentive to a provident security against future, than it had been to a vindictive retrospect to past, mismanagements. I should have thought indeed that a ministerial promise, during their own continuance in office, might have been given, though this would have been but a poor security for the public. Mr. Pelham gave such an assurance, and he kept his word. But nothing was capable of extorting from our ministers any thing which had the least resemblance to a promise of confining the expenses of the civil list within the limits which had been settled by parliament. This reserve of theirs I look upon to be equivalent to the clearest declaration, that they were resolved upon a contrary

course.

However, to put the matter beyond all doubt, in the speech from the throne, after thanking parliament for the relief so liberally granted, the ministers inform the two houses, that they will endeavour to confine the expenses of the civil government-within what limits, think you? those which the law had prescribed? Not in the least-" such limits as the honour of the crown can possibly admit."

Thus they established an arbitrary standard for that dignity which parliament had defined and limited to a legal standard. They gave themselves under the lax and indeterminate idea of the honour of the crown, a full loose for all manner of dissipation, and all manner of corruption. This arbitrary standard they were not afraid to hold out to both houses; while an idle and unoperative act of parliament, stimating the dignity of the crown at £.80,000, and confining it to that sum, adds to the num ber of obsolete statutes which load the shelves of libraries without any sort of advantage to the people.

After this proceeding, I suppose that no man can be so weak as to think that the crown is limited to any settled allowance whatsoever. For if the ministry has £.800,000 a year by the law of the land; and if by the law of parliament all the debts which exceed it are to be paid previous to the production of any account; I presume that this is equivalent to an income with no other limits than the abilities of the subject and the moderation of the court; that is to say, it is such an income as is possessed by every absolute monarch in Europe. It amounts, as a person of great ability said in the debate, to an unlimited power of drawing upon the sinking fund. Its effect on the public credit of this kingdom must be obvious; for in

vain is the sinking fund the great buttress of all the rest, if it be in the power of the ministry to resort to it for the payment of any debts which they may choose to incur, under the name of the civil list, and through the medium of a committee, which thinks itself obliged by law to vote supplies without auy other account than that of the mere existence of the debt. Five hundred thousand pounds is a serious sum. But it is nothing to the prolific principle upon which the sum was voted: a principle that may well be called, the fruitful mother of an hundred more. Neither is the damage to public credit of very great consequence, when compared with that which results to public morals and to the safety of the constitution, from the exhaustless mine of corruption opened by the precedent, and to be wrought by the principle, of the late payment of the debts of the civil list. The power of discretionary disqualification by one law of parliament, and the necessity of paying every debt of the civil list by another law of parliament, if suffered to pass unnoticed, must establish such a fund of rewards and terrours as will make parliament the best appendage and support of arbitrary power that ever was invented by the wit of man. This is felt. The quarrel is begun between the representatives and the people. The court faction have at length committed them.

In such a strait the wisest may well be perplexed, and the boldest staggered. The circumstances are in a great measure new. We have hardly any land-marks from the wisdom of our ancestors, to guide us. At best we can only follow the spirit of their proceeding in other cases. I know the diligence with which my observations on our public disorders have been made; I am very sure of the integrity of the motives on which they are published: I cannot be equally confident in any plan for the absolute cure of those disorders, or for their certain future prevention. My aim is to bring this matter into more public discussion. Let the sagacity of others work upon it. It is not uncommon for medical writers to describe histories of diseases very accurately, on whose cure they can say but very little.

The first ideas which generally suggest themselves, for the cure of parliamentary disorders, are, to shorten the duration of parliaments; and to disqualify all, or a great number of placemen, from a seat in the house of commons. Whatever efficacy there may be in those remedies, I am sure in the present state of things it is impossible to apply them. A restoration of the right of free election is a preliminary indispensable to every other reformation. What

alterations ought afterwards to be made in the constitution, is a matter of deep and difficult research.

If I wrote merely to please the popular palate, it would indeed be as little troublesome to me as to another, to extol these remedies, so famous in speculation, but to which their greatest admirers have never attempted seriously to resort in practice. I confess then, that I have no sort of reliance upon either a triennial parliament, or a place-bill. With regard to the former, perhaps it might rather serve to counteract, than to promote the ends that are proposed by it. To say nothing of the horrible disorders among the people attending frequent elections, I should be fearful of committing, every three years, the independent gentlemen of the country into a contest with the treasury. It is easy to see which of the contending parties would be ruined first. Whoever has taken a careful view of public proceedings, so as to endeavour to ground his speculations on his experience, must have observed how prodigiously greater the power of ministry is in the first and last session of a parliament, than it is in the intermediate period, when members sit a little firm on their seats. The persons of the greatest parliamentary experience, with whom I have conversed, did constantly, in canvassing the fate of questions, allow something to the court side, upon account of the elections depending or imminent. The evil complained of, if it exists in the present state of things, would hardly be removed by a triennial parliament: for, unless the influence of government in elections can entirely be taken away, the more frequently they return, the more they will harass private independence; the more generally men will be compelled to fly to the settled systematic interest of government, and to the resources of a boundless civil list. Certainly something may be done, and ought to be done, towards lessening that influence in elections; and this will be necessary upon a plan either of longer or shorter duration of parliament. But nothing can so perfectly remove the evil, as not to render such contentions, too frequently repeated, utterly ruinous, first to independence of fortune, and then to independence of spirit. As I am only giving an opinion on this point, and not at all debating it in an adverse line, I hope I may be excused in another observation. With great truth I may aver, that I never remember to have talked on this subject with any man much conversant with public business, who considered short parliaments as a real improvement of the constitution. Gentlemen, warm in a popular cause, are ready

enough to attribute all the declarations of such persons to corrupt motives. But the habit of affairs, if, on one hand, it tends to corrupt the mind, furnishes it, on the other, with the means of better information. The authority of such persons will always have some weight. It may stand upon a par with the speculations of those who are less practised in business; and who, with perhaps purer intentions, have not so effectual means of judging. It is, besides, an effect of vulgar and puerile malignity to imagine, that every statesnian is of course corrupt; and that his opinion, upon every constitutional point, is solely formed upon some sinister interest.

The next favourite remedy is a place-bill. The same principle guides in both; I mean, the opinion which is entertained by many, of the infallibility of laws and regulations, in the cure of public distempers. Without being as unreasonably doubtful as many are unwisely confident, will only say, that this also is a matter very well worthy of serious and mature reflection. It is not easy to foresee, what the effect would be, of disconnecting with parliament, the greatest part of those who hold civil employments, and of such mighty and important bodies as the military and naval establishments. It were better, perhaps, that they should have a corrupt interest in the forms of the constitution, than that they should have none at all. This is a question altogether different from the disqualification of a particular description of revenue officers from seats in parliament; or, perhaps, of all the lower sorts of them from votes in elections. In the former case, only the few are affected; in the latter, only the inconsiderable. But a great official, a great professional, a great military and naval interest, all necessarily comprehending many people of the first weight, ability, wealth, and spirit, has been gradually formed in the kingdom. These new interests must be let into a share of representation, else possibly they may be inclined to destroy those institutions of which they are not permitted to partake. This is not a thing to be trifled with; nor is it every wellmeaning man, that is fit to put his hands to it. Many other serious considerations occur. I do not open them here, because they are not directly to my purpose; proposing only to give the reader some taste of the difficulties that attend all capital changes in the constitution; just to hint the uncertainty, to say no worse, of being able to prevent the court, as long as it has the means of influence abundantly in its power, from applying that influence to parliament; and perhaps, if the public method were

precluded, of doing it in some worse and more dangerous method. Underhand and oblique ways would be studied. The science of evasion, already tolerably understood, would then be brought to the greatest perfection. It is no inconsiderable part of wisdom, to know how much of an evil ought to be tolerated; lest, by attempting a degree of purity impracticable in degenerate times and manners, instead of cutting off the subsisting ill practices, new corruptions might be produced for the concealment and security of the old. It were better, undoubtedly, that no influence at all could affect the mind of a member of parliament. But of all modes of influence, in my opinion, a place under the government is the least disgraceful to the man who holds it, and by far the most safe to the country. I would not shut out that sort of influence which is open and visible, which is connected with the dignity and the service of the state, when it is not in my power to prevent the influence of contracts, of subscriptions, of direct bribery, and those innumerable methods of clandestine corruption, which are abundantly in the hands of the court, and which will be applied as long as these means of corruption, and the disposition to be corrupted, have existence among us. Our constitution stands on a nice equipoise, with steep precipices and deep waters upon all sides of it. In removing it from a dangerous leaning towards one side, there may be a risk of oversetting it on the other. Every project of a material change in a government so complicated as ours, combined at the same time with external circumstances still more complicated, is a matter full of difficulties; in which a considerate man will not be too ready to decide; a prudent man too ready to undertake; or an honest man too ready to promise. They do not respect the public nor themselves, who engage for more than they are sure that they ought to attempt, or that they are able to perform. These are my sentiments, weak perhaps, but honest and unbiassed; and submitted entirely to the opinion of grave men, well affected to the constitution of their country, and of experience in what may best promote or hurt it.

Indeed, in the situation in which we stand, with an immense revenue, an enormous debt, mighty establishments, government itself a great banker and a great merchant, I see no other way for the preservation of a decent attention to public interest in the representatives, but the interposition of the body of the people itself, whenever it shall appear, by some flagrant and notorious act, by some capital innovation, that these representatives are going

« ZurückWeiter »