campaign with one of those splendid victories, certainly more congenial in character to the cast of his military genius, and should he be thought worthy of a more exalted rank in that peerage of which he is already one of the ornaments; or should another Nelson rush into the fight with all the ardor of anticipated victory, exclaiming, "The peerage or Westminster abbey !"-the grave in the abbey might indeed open to receive his remains, but the well earned hereditary honors would be closed against his living glory. (Hear! hear!)

But there were other views in which the grant of peerages were necessary to carry on the public business at home. Supposing the person then holding the great seal should wish to retire, and that the regent should select from the bar, where the only fit selection could be made, another to succeed. He could not be made a peer, but it seemed he might be lord keeper-that they were in substance the same, and that the chancellor was prolocutor of the house of lords. This he might be, but if not a peer of parliament, he must be as mute as the mace upon his table. He here adverted to the hints that had been thrown out, he knew not from what quarter, of the lavish use of the peerage which had been resorted to. He denied that any such lavish use had been made, and contended that the house of lords at that day bore but its fair proportion to the growing bulk of the property of the land; but as to any dan gers of this abuse, the remedy was not to be sought for in a system of checks and balances in theory, but in the practical effects of the wholesome influence of public opinion. Another abuse respecting which he thought the apprehensions were groundless, was that of a lavish and ill-judged grant of sinecures. Here he would observe that of all individuals perhaps he himself was the least interested as to the hope of any personal advantage to be derived from a change; but he thought the legitimate use of sinecures necessary in facilitating many public arrangements respecting the carrying on of the king's government. On the bench from which his right honorable

friend had spoken, were to be found proof of the use of sinecures.

He was far from thinking, that if his royal highness wished to remunerate the uniform and zealous adherence of any of the most tried and faithful followers of his fortunes, he should not grudge such remuneration, and should be far from thinking it an abuse of the power of granting sinecures on the part of the regent, so that any objection founded upon that, or any such topic, had not the effect of intimidating him. It had been said that the executive government could go on without those powers; he should be sorry it could not go on from day to day without them; and if pushed farther, this argument would go to au unconstitutional extent. But another object of this bill was to prevent the advisers of the regent from having it in their power to prevent the immediate resumption of the royal authority by the king on his recovery-so then this act was not strong in positive activity, but in perspective prevention; and the advisers who were not to have sufficient influence to secure to the regent a majority in parliament, were yet to have power enough to make us provide against an attempt at a revolution; by what process all that was denied in esse were yet to exist in posse, he was unable to comprehend. As to the abuse of the creation of peers, he knew but of one instance, the Tory creation of twelve peers in one day by queen Anne, but at that time the whole number of the lords, including the Scotch peers, did not exceed 360; considering the infinitely greater proportion that it would now require to turn the scale in a house so numerous as the lords now were, it was impossible to conceive that men could exist who would be mad enough to advise the regent to such a step; but could it really be supposed that the grant of a sinecure could be dangerous, that such a grant could erect the grantee into a barrier against the return of the king?

The right honorable gentleman then proceeded to animadvert upon the dangerous consequences of proving, or attempting to prove to the country, that so many great

and vital functions of the crown may lie dormant without any inconvenience to the public service; but certainly the most grave and weighty objection was founded on the possibility of opposing his majesty's restoration to the government-"If" said Mr. Canning, "I believed there was a man so lost to all sense of what is due to himself and to society, I would not only refuse him one branch of the executive power, but the power itself. I would not arm with a pigmy straw, that man into whose mind so monstrous an idea could for one moment find an entrance.(Hear, hear, hear!) But in this as in every other part of the question, it has been too much the habit to look upon what we are now doing, as if we were conferring a boon upon his royal highness, and not about to impose upon him a great and arduous

trust."

He objected to a limited period for restrictions, as implying much future discussion, and the excitement of much acrimonious feeling. He suggested now what he would have done if he had been privately advising with his right honorable friendthe providing once for all for the splendor of the kingly establishment during the term of his majesty's natural life. He wished that his majesty would retain the splendor of his rank sobered by his situation, and not extinguished, but at any rate that the executive government should not be deprived of that imposing magnificence so material to the magnitude of the trust, and the due execution of its duties. He disapproved, therefore, of the restrictions, as to creation of peers, and with respect to patronage, with the exception of the household. The restriction, as to peerages, might be mischievous, the rest were unnecessary Understanding the amendment to refer to the restrictions, to which he objected, he declared his concurrence in it.

Mr. Leach, after taking a wide view of the subject, proceeded to a review of history, to see whether parliament at times had or had not supplied any deficiency arising in the exercise of the kingly power, and whether at the same time they had it,

or not, abridged. or not, abridged. On the death of Edward II. when the young king was under the influence of the queen and of Mortimer, it did not appear that any limitations were imposed on the regent. On the accession of Richard II. son of Edward the black prince, a council of twelve were appointed, having all the powers of government unlimited. On the death of Henry V. first Humphrey duke of Gloucester, and afterwards the duke of York were appointed, not regent, but protector or defensor, along with a council of whom they were only the head, and in whom, as a body, the full exercise of the executive power was vested. They were told, however, that though there was no deficiency in the political, yet there was a deficiency in the moral capacity of his majesty and that a neces sity thus arose on the part of the house to supply the want in the king's will. The necessity, however, which created the right limited it also. What was the limit thus imposed? To supply the king's will. Whom were they called on to appoint for this? The prince of Wales. Then if the deficiency was thus supplied, was not the necessity satisfied and the duty of the house concluded? But what did the right honorable gentleman say to the house? He told them not only to supply, the want of the king's will, but also to limit the authority of the king. The answer was plain. If there be a necessity for supplying the want of the king's will, do so; supply the want but do not destroy the entirety of the monarch. The right honorable gentleman said, however, at least his argument went to this,-why, if you limit it to the pure necessity of the case, there will be an inconvenience arise. Can this be so? If the house were now legislating, they might see what was required of them. But they were not legislating; and the question was this, which they were called on to do, in discharge of the ordinary functions of the constitution? The answer was, no. They were bound in discharge of their ordinary functions to aid the king, not to act without him. The necessity of the case was to do what the constitution taught them-to fill up the deficiency, and, in some measure

to make a king. Ministers called on the house not only to supply the royal will, but to model it on necessities of their own creation. Thus would the two houses be called on to say what the royal will should be what the prerogatives which be-what the right honorable gentleman wished to restrain? Are they personal to his majesty? No. They are for the good of the country. They are for maintaining the balance between the three estates of the realm. Then is it can it be expedient that those prerogatives should be limited and restrained by one of those three branches? What What was the evil against which it was sought to guard? That the authority of the king might, during the regency, be diminished. Then, to avoid this uncertain evil, the house was called on to incur a certain evil in the person of the regent. They were to prefer committing a certain violation of the constitution, for fear of an uncertain evil which might never occur. The king might abuse the prerogative as well as the regent; but was our constitution so weak that it could not check such an abuse? Was it more formidable in the hands of a regent than it might be supposed to be in the hands of a king? Was a temporary more dangerous and formidable than a fixed and permanent authority?

The honorable gentleman proceeded to state, that he had looked into authorities,. as to the appointment of regencies of a temporary nature. In the case of Philip In the case of Philip and Mary, an act was passed providing the regency to Philip, in the event of Mary dying leaving a child, and during the minority of such child, the government was entrusted solely to Philip. She might have died leaving a child within one month of being major, but even there, though for so short a period, Philip must have been unlimited regent. In the reign of queen Ann, when nothing could be more probable than that the successor should be abroad at the time of her death, a council of regency was appointed to act till the successor should arrive, and although nothing could be more temporary than the supposed period of the absence of such successor, the only limitations were against dissolv

ing parliament in the mean time, or repealing the acts of uniformity, and for protect ing the established religion in Scotland. So that it was deemed more expedient to trust every thing, even these temporary governments, than to endanger the country by limitations. In the 24th Geo. II. when a regency was appointed, the only limitation was against the altering of the two acts concerning religion. And in the act of the 5th of the present reign even the restraints as to the altering of these two acts were omitted; thus shewing that even then it was deemed more expedient to trust every thing than to infringe the constitution, by imposing limitations on the prerogative. It may be said these were cases of councils of regency. Was it possible, however, that gentlemen could figure that there was less danger in many than in one? Would it be argued that the many were less liable to abuse power than one? Where there was responsibility neither on one nor the other, all were loosed; and it would be found that breach of duty had been complained of with most reason where the of fence had been committed by the many, and where they wanted personal responsibility. It may be objected-" Oh! then you cannot even make provision for his majesty's return on his recovery."—His argument, however, did not go to that. That did not necessarily form any restriction, and might be done collaterally. In imposing limitations on the regent, that house would not only be limiting the powers of the crown, but adding this to their own powers.

The honorable gentleman concluded by saying, he had gone through the authorities with much care and labor, and he could assure them, not on his own authority ; but he could do more, he could assure them on all the authorities in our statute book; First, That the right now sought to be acted on never had existed. That not only was there no authority in support of it, but that it was repelled by every authority on the subject, all of which were repugnant to and inconsistent with it. That the expediency was as unfounded as the claim of right. And if, for the first

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time the house was to countenance such a proceeding, they would do it under an awful responsibility; they had received the royal prerogative handed down to them full, entire, and without having once been trampled on-they were about to send it down to their posterity mutilated and defaced.

After a few observations from Mr. W. Smith, Mr. Bathurst, and Mr. Canning in explanation, the call for the question became great, and strangers were ordered to withdraw-The committee then divided on the amendment-Ayes 200-Noes 224Majority for ministers 24.

The numbers on the second resolution were-Ayes 226-Noes 210-Majority for ministers 16. On the third resolution -Ayes 233-Noes 214-Majority for ministers 19.

On Tuesday January 1st, 1811, Mr. Perceval in a committee of the whole nouse of commons, moved a resolution that the care of his majesty's person, during his indisposition, should be vested in the queen who should have power to remove from, and to nominate and appoint such persons as she should think proper to the king's household. This resolution after a long and animated debate, in which sir Samuel Romilly, Mr. Canning, Mr. Adam, and Mr. Whitbread, took a distinguished part, was negatived by a majority against ministers, of thirteen.

The two houses having at length concurred in the mode of proceeding, with respect to the regency, appointed a committee to attend his royal highness the prince of Wales, and acquaint him with the resolutions agreed to, empowering him to assume the government, and expressing their hope, that from his regard to the interests of the country, he would execute the important trust. Similar measures Similar measures were taken respecting the address to her majesty.

On Friday, January 11th, at two o'clock, the deputation from the two houses went up to Carlton house to present to his royal highness the resolutions. The lords and gentlemen, in full dress, were ushered through the superb suit of rooms to the VOL. II.

drawing room, where his royal highness stood. His chancellor, Mr. Adam, and earl Moira were on the right hand; the duke of Cumberland and Mr. Sheridan on his left; behind him four officers of his household, Mr. Tyrwhitt, colonel Macmahon, colonel Bloomfield, and general Turner. The deputation advanced according to their order of precedency, making the usual reverences. The lord president then read from a paper in his hand-" That they were a committee appointed to attend his royal highness with the resolutions which had been agreed to by the lords and commons, for the purpose of supplying the defect of the personal exercise of the royal authority, during his majesty's illness, by empowering his royal highness to exercise that authority in the name and on the behalf of his majesty, subject to such limitations and restrictions as shall be provided.-And that they were directed to express the hope which the lords spiritual and temporal, and commons, entertain, that his royal highness, from his regard to the interests of his majesty, will be ready to undertake the weighty and important trust proposed to be invested in his royal highness, as soon as an act of parliament shall have been passed for carrying the said resolutions into effect."

The lord president then read and delivered to his royal highness the following resolutions,

"That for the purpose of providing for the exercise of the royal authority during the continuance of his majesty's illness, in such manner, and to such extent, as the present circumstances and the urgent concerns of the nation appear to require, it is expedient, that his royal highness the prince of Wales, being resident within the realm, shall be empowered to exercise and administer the royal authority, according to the laws and constitution of Great Britain, in the name, and on behalf of his majesty, and under the style and title of regent of the united kingdom; and to use, execute, and perform, in the name, and on behalf of his majesty, all authorities, prerogatives, acts of government, and administration of the same, that belong to the king of this

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realm to use, execute, and perform, according to the law thereof, subject to such limitations and exceptions as shall be provided. That the power so to be to be given to his royal highness the prince of Wales shall not extend to the grant ing of any rank or diguity of the peerage of the realm to any person whatever. That the said power shall not extend to the granting of any office, whatever, in reversion, or to the granting of any office, salary, or pension, for other term than during his majesty's pleasure, except such offices as are by law required to be granted for life, or during good behaviour.-That the said power shall not extend to the granting of any part of his majesty's real or personal estate, except as far as relates to the renewal of leases.-That the care of his majesty's royal person, during the continuance of his majesty's illness, shall be committed to the queen's most excellent majesty, together with the sole direction of such portion of his majesty's household as shall be thought requisite for the care of his person, and that, for the better enabling her majesty to discharge this important task, it is also expedient, that a council shall be appointed to advise and assist her majesty in the several matters aforesaid; and with power, from time to time, as they may see cause, to examine, upon oath, the physicians, and others attending his majesty's person, touching the state of his majesty's health, and all matters relative thereto."

To which address his royal highness returned the following answer :

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My lords and gentlemen,

"I receive the communication which the two houses have directed you to make me, of their joint resolutions, on the subject of providing for the exercise of the royal authority, during his majesty's illness, with those sentiments of regard which I must ever entertain for the united desires of the two houses.-With the same sentiments I receive the expressed "hopes of the lords and commons, that from my regard for the interest of his majesty and the nation, I should be ready to undertake the weighty and important trust proposed

to be invested in me," under the restrictions and limitations stated in those resolutions. Conscious that every feeling of my heart would have would have prompted me, from dutiful affection to my beloved father and sovereign, to have shewn all the reverential delicacy towards him inculcated in those resolutions, I cannot refrain from expressing my regret, that I should not have been allowed the opportunity of manifesting to his afflicted and loyal subjects that such would have been my conduct.-Deeply impressed, however, with the necessity of tranquillizing the public mind, and determined to submit to every personal sacrifice consistent with the regard I owe to the security of my father's crown, and the equal regard I owe to the welfare of his people, I do not hesitate to accept the office and situation proposed to me, restricted as they are, still retaining every opinion expressed by me upon a former and similar distressing occasion.-In undertaking the trust proposed to me, I am well aware of the difficulties of the situation in which I shall be placed; but I shall rely with confidence upon the constitutional advice of an enlightened parliament, and the zealous support of a generous and loyal people. loyal people. I will use all the means left to me to merit both.

My lords and gentlemen,

"You will communicate this my answer to the two houses, accompanied by my most fervent wishes and prayers, that the divine will may extricate us and the nation from the grievous embarrassments of our present condition, by the speedy restoration of his majesty's health.”

The deputation, consisting of the earl Harcourt, earl of Moreton,lord viscount Palmerstone, lord viscount Clive, lord John Thynne, and colonel Desbrow, then withdrew.

In like manner the deputation appointed to wait on the queen proceeded to Windsor

and being admitted to her majesty's presence, they presented the address of the two houses, expressing the hope which the lords and commons entertained, that her majesty would be pleased to undertake the important duties proposed to be invested in her majesty.