his son intended to have been a candidate.

He did not

look for a receipt for the writ, because he relied on the sheriff's honourable character. Neither the sheriff, nor any other person in Poole, knew that he had the writ, till the proceedings on the present investigation had been the means of letting them into the fact.

Mr. Spurrier having been ordered to withdraw,

The Chancellor of the Exchequer said, it had been universally admitted, that some remedy was necessary in the present practice of issuing writs. A remedy was to be proposed by an honourable gentleman on the other side (Mr. Barham). Every gentleman would lend his aid * to render this remedy more perfect; and when it should have received the concurrence of the other branches of the legislature, he hoped it would be effectual. With respect to the present case, he did not think it would be right to press upon the individual. But it was evident that the obtaining and delaying of the writ had arisen from some motives not perfectly correct, he thought that some animadversion should take place; though he was of opinion that any punishment the House should think proper to inflict ought to cease, as soon as an opportunity to terminate it should be afforded by petition from the individual.

The Speaker suggested that the first proceeding ought to be a resolution, that Mr. William Spurrier in unduly detaining the writ for the last election for members to serve in Parliament for the county of the town of Poole for 17 days, had been guilty of a breach of the privileges of that House.

The question being put on that resolution, Lord Henry Petty felt it was quite impossible to refuse his assent to the resolution, but from the universality of similar practices, of which some instances little short of that now before the House had been communicated to him very recently, he thought the individual, now under the animadversion of the House, ought to be discharged as soon after his committal as possible. He urged the propriety of adopting a general remedy for the abuse, such a remedy was essential to the honour and character of the House, in preference to severity in a particular instance.

The Chancellor of the Exchequer said, an honourable gentleman on the other side had proposed to introduce a general remedial measure, which he was sure every gentle

man

man would be ready to support. He intended to move, that Mr. Spurrier be committed to the custody of the ser jeant at arms; and though it was not parliamentary to speak of any understanding to that effect, he was sure, that as soon as a proper submission should be made, the House would give the relief required.

Mr. Barham urged the propriety of a general remedy, and with a view to obtain some information calculated to promote that object, proposed to call in and examine the messenger of the great seal as to the general proceedings about the issue of writs.

Mr. Rose objected to the examination of the messenger of the great seal, who could speak to nothing beyond the practice of his office. The messenger of the great seal was particularly instructed to take no fees but those that custom had established (perhaps without right;) five guineas for a writ for a borough, and twice as much for a writ for a county or city. The principal remedy for the abuse complained of was to provide for the immediate delivery of the writ to the sheriff.

After a few words from Mr. Smith and Mr. Sturges Bourne, who had no objection to the strictest inquiries into the practice at the crown office, so far as the members of the present administration could be affected by it, it was agreed that Mr. Spurrier was guilty of a breach of the privileges of the House, and he was ordered to be com mitted to the custody of the serjeant at arms.

The Chancellor of the Exchequer took occasion to state, that the committal of Mr. Brundrett to Newgate on a former night, was grounded on his unqualified refusal to answer questions. This was an offence, without the immediate punishment and correction of which, the House could not proceed in any of the investigations and inquiries essential to its constitution. The nature of the case inquired into depended upon the facts that should be disclosed and dicovered, and admitted of quite a different course of proceeding.

Mr. Jeffrey stated, that the messenger of the great seal, and the other persons ordered to attend at the bar, were not at all implicated in the criminal part of the transac tion. He therefore moved, that the order for their altendance be discharged.

Mr. Barham moved that the messenger of the great seal be called in. This was opposed as unnecessary by Sir VOL. 1.-1807. John

3R

John Sinclair, as the honourable member (Mr. Jeffrey) had declined proceeding any further in the business. Mr. Barham, however, persisted in his motion; and after a short discussion the gallery was cleared. The House, however, did not divide.

MILITIA TRANSFER BILL.

When strangers were admitted into the gallery,

Lord Milton was on his legs. The emergency to call for a measure so oppressive as this, was not, he said, made out. If the French fleets had been victorious, then indeed there might have been a ground for some strong compulsory measure. The militia was the constitutional force of the country, and ought not to be thus tampered with and degraded, especially when the object at present was not to procure a force for foreign service, but for the defence of the country. It was impossible now to look for conquests on the continent, or to expect to stop the progress of Bonaparte. At the first establishment of the militia the service was in a great measure of a personal nature. Now, however, it was merely a tax on the country, and a tax which, by the operation of the ballot, would be most partially and most unjustly levied. It was levied entirely on the landed property, and not on the whole, but on a part of it. Peers were exempted, and clergymen and infants, and lands in fortmain; and on this account he would always object to the militia, except so far as they formed a garrison for our homes. It ought also to be considered whether the families of those who volunteered in this manner, were to be chargeable to the parishes, in the same manner as if they had still continued in the militia. Whether they were or not, the present measure was equally objectionable. If they should be entitled to the relief, then this would be imposing a most grievous burden upon the parishes, which would be charged both with their families and with the families of those who were to replace them. If their families were not to be provided for, it was a most cruel injustice to the men, and to those families which might thus be left destitute. But he had another strong objection to this measure. It had been clearly made out that it interfered very materially with the military plan of his right honourable friend below; a plan which the present ministers seemed to wish to subvert by a side wind. This plan had been highly successful for the time it had been in opera

tion, as appeared from the returns on the table. He knew it had been successful in the country, and had the appro bation of those who were to carry it into execution. It was said that there was an emergency, and that we must make a sudden exertion; but the danger was, that by these continued exertions, the country would be exhausted when the most pressing occasion arrived. Emergencies might thus be said to arrive after the battle of Austerlitz, after that of Auerstadt, and that of Friedland. But the population of the country must be prepared for a long protracted war, which it could not be with these continual paralysing efforts, resting principally on the landed property. There was no vigour in the present mea ure, but if there was, he should doubt of its propriety, for by these exertions we must exhaust ourselves before we had run half our race. The plan of his right bo ourable friend below was exactly cal culated for our present situation; for it was intended to meet a long protracted war, and had every appearance of being sufficient to answer that important purpose. That plan would be rising in its efficacy every day. The present measure would be constantly decreasing in its effects, and not only do little good itself, but prevent the other plan from having its proper influence. For these reasons he had voted against the measure, but, however, after the decision of the House, he would not at present oppose the Speaker's leaving the chair; but he had thought it incumbent upon him to state his reasons for his former vote, and the grounds on which he thought the present measure not only useless but mischievous.

would rather wish But he had strong account of the ma

Sir Thomas Turton declared that he to augment than diminish the militia. objections to the system of ballot, on lignity with which it operated. The ballot might fall upon a man of no property, or might fall upon him (Sir T. Turton). As to the chances, they were on an equality. But for twenty guineas he could procure a substitute, and this was nothing to him, but it might be every thing to the ⚫ other, and therefore it was that the tax was grossly unequal. He thought the late ministers deserving of great praise for having suspended the ballot, and he really wished that some means might be found, by which the expence of this measure should be more equalized. Indeed, he entirely approved of what the late ministers had done with regard to the continent, with one exception, and that was, that

they

they had not promptly assisted our allies after the battle of Eylau, for then there appeared a prospect of stopping the career of the French, when they had received this check from the Russians. If he had had any influence over the councils of his majesty, he certainly would have advised that a strong force should have been sent to the continent on that occasion. He had always disapproved of sending expeditions to the continent to save Europe, for if Europe was not able to save itself, it was impossible that it could be done by Great Britain. We, therefore, ought to reserve our forces instead of sending them on these foolish expeditions. But now, whether we should be at peace or not, we must always be armed, perhaps, for a century. Since we must then be armed, in God's name, let us have the force as constitutional as we can. He would cheerfully consent, however, to give ministers the force they wanted for the line, if they thought it useful for harassing the enemy, provided it could be done without the evils arising from the inequality of the ballot. The principle of the army of reserve, however, which had been so much insisted upon by those who themselves formed a sort of political reserve in that House, he thought even more objectionable than that now proposed to be adopted. It was true more men were procured by the reserve act, but at the same time it occasioned a great deal more hardship and oppression. He expressed his approbation of the volunteer system properly conducted. This ought to be encouraged by paying the volunteers for their loss of time. He thought some inspecting field officers necessary, and observed that the expence of the whole was small in comparison with the benefit. He denied, however, that the numbers of the volunteers were so great as they were stated. * He concluded by saying, that he would have no objection to the measure, provided the inequality of ballot could be remedied.

Colonel Wood thought at this time all party considerations ought to be laid aside, and therefore he was surprised to hear the right honourable gentleman (Mr. Windham) who had said so much about the necessity of having a Jarge regular army, now objecting to the present measure for increasing the army, and insisting that there was no emergency. If that was the opinion of many gentlemen, then indeed the country was in a bad situation. But it as with regret that he found that it was judged necessary

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