Lord Chatham's Speech on the Decision of the House of
Commons on the Middlesex Election-His Speech on
Secret Influence-On the Civil Lift, and Dismission
of Lord Camden-Fact concerning Queen Anne's
Civil Lift-Mr. Grenville's Election Bill.

N the second day of February, 1770, the House of CHAPTER Lords being in a committee on the state of the na- XXXVII. tion, Lord ROCKINGHAM moved, That the House of ~~ Commons in the exercise of its judicature in matters of election, is bound to judge according to the law of the land, and the known and established law and custom of parliament, which is part thereof.

The Earl of SANDWICH opposed the motion; and Lord CHATHAM replied to Lord SANDWICH.

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Lord CHATHAM began with observing, that the noble Speech on Lord had been very adroit in referring to the journals, dlefex and in collecting every circumstance that might affift his argument. Though my long and almost continued infirmities, have denied me the hour of ease to obtain these benefits, yet, without the afsistance of the journals, or other collaterals, I can reply to both the precedents which his Lordship has produced.

I will readily allow the facts to be as the noble Earl has stated them, viz. That LIONEL, Earl of MIDDLESEX, as well as Lord BACON, were both, for certain crimes and misdemeanors, expelled this house, and incapacitated from ever fitting here; without occafioning any interference from the other branches of the legislature.

Neither of these cases bear any analogy to the present cafe. They affected only themselves. 'I he rights of no constituent body were affected by them. It is not the perfon of Mr. WILKES that is complained of. As an individual he is personally out of the dispute. The cause of complaint, the great cause, is the inherent rights and franchises of the people are, in his case, invaded, trampled upon, and annihilated. Lord BACON and Lord MID

CHAPTER DLESEX represented no county, or city. The rights of no XXXVII. freeholder, the franchises of no elector, were destroyed by

their expulfion. The cafes are as widely different as north 1770. from fouth. But I will allow the noble Earl a fuccedaneum to his argument, which, probably, he has not, as yet, thought of. I will suppose he argues, "that whatever authority gives a feat to a Peer, it is, at least, equally as respectable as to a Commoner, and that both in expulfion and incapacitation the injury is directly the same :"Granted; and I will further allow, that if Mr. WILKES had not been re-elected by the people, the first expulfion, I believe, would be efficient. Therefore, my Lords, this comparison ceases; for, except these noble Lords mentioned, had received a fresh title, either by birth or parent, they could not possibly have any claim after the first expulfion. The noble Lord asks, " How came this doctrine to be broached?" And adds, "Who should be more tenacious of their liberties and privileges than the Members themselves??" In respect to the latter part of this question I agree none should be so proper as themselves to protect their own rights and privileges; and I fincerely lament that they have, by their recent conduct, so far forgot what those privileges are, that they have added to the long lift of venality from Efau to the present day. In regard to the first part, "How came this doctrine to be broached;" I must tell the noble Lord it is as old as the constitution itself'; the liberties of the people in the original distribution of government, being the first thing provided for; and in the case of Mr. WILKES, though we have not inftances as numerous as in other cases, yet it is, by no means, the less constitutional; like a comet in the firmament, which, however it may dazzle and furprise the vulgar and untutored, by the infrequency of its appearance, the philosopher, versed in astronomic fcience, it affects no more than any other common process of nature, being perfectly simple, and to him perfectly intelligible. Need I remind you, my Lords, at this period, of that common-school-boy position, " that the conftitution of this country depends upon King, Lords, and Commons, and that each by their power are a balance to the other." If this is not the cafe, why were the three estates constituted? Why should it be necessary before an act of parliament takes place, that their mutual concurrence should should be had? My Lords, I am ashamed to trudge in this CHAPTER common track of argument; and have no apology to XXXVII. make, but that I have been drawn into it by the noble Lord's afferting, " We had no right to interfere with 1779. the privileges of the other House."

The noble Earl has been very exact in his calculation of the proportion of persons who have petitioned; and did the affair rest, merely, on this calculation, his argument would be unanswerable; but will he confider what numbers, whose private sentiments felt all the rigour of parliamentary proceedings, but for want of a few prineipals to call them together, and collect their opinions, have never reached the ear of their sovereign. If we add to this number, the intereft made use of on the fide of gevernment, to suppress all petitions, with the authority that place-men have neceffarily over their dependents, it is very surprising, that out of forty counties, thirteen had spirit and independence fufficient to ftem such a tide of venality, But I will suppose that this was not the cafe, that no undue influence was made use of, and that hence but one third of the people think themselves aggrieved; are numbers to constitute right? are not the laws of the land fixed and unalterable? and is not this proceeding complained of, or any other, (supported even but by one) to be tried, and adjudged by these laws? Therefore, however the noble Lord may excel in the doctirne of calculation, as a speculative matter, it can by no means serve him, urged in the course of argument.

Let us not then, my Lords, be deaf to the alarms of the people, when these alarms are founded on the infringement of their rights. Let us not fit neuter and inattentive to the proceedings of the other House. We are, equally with that House, entrusted with the people's rights, and we cannot confcientiously difcharge our duties, without our interference, whenever we find those rights, in any part of the constitution, trampled on.

I have, my Lords, trespassed on your patience, at this late hour of the night, when the length of this debate must have fatigued your Lordships confiderably. But I cannot apologize in a case so deeply interesting to the nation-no time can be too long-no time can be loft-no hardships can be complained of.

He

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CHAPTER He condemned the conduct of the House of Commons XXXVII. in terms of asperity. He denominated the vote of that House, which had made Col. LUTTRELL representative for Middlesex, a gross invasion of the Rights of Election -a dangerous violation of the English Constitution-a treacherous furrender of the invaluable privilege of a freehold, and a corrupt sacrifice of their own honour. They had stript the statute book of its brightest ornaments, to gild the wings, not of prerogative, but of unprincipled faction and lawless domination. To gratify the resentments of some individuals, the laws had been despised, trampled upon, and destroyed-those laws, which had been made by the stern virtue of their ancestors, the iron barons of old, to whom we were indebted for all the bleffings of our present Constitution; to whose virtue and whose blood, to whose spirit in the hour of contest, and to whose tenderness in the triumph of victory, the silken barons of this day, owe their honours and their seats, and both Houses of Parliament owe their continuance. These measures, he said, made a part of that unhappy system, which had been formed in the present reign, with a view to new model the Constitution, as well as the Government. These measures originated, he would not say, with his Majesty's knowledge, but in his Majesty's Councils. The Commons had slavishly obeyed the commands of his Majesty's servants, and had thereby exhibited, and proved to the conviction of every man, what might have been only matter of fufpicion before-that Ministers held a corrupt influence in Parliament-it was demonftrable-it was indisputable. It was therefore particularly necessary for their Lordships, at this critical and alarming period, so full of jealousy and apprehenfion, to step forwards, and oppose themselves, on the one hand, to the justly incensed, and perhaps speedy intemperare rage of the people; and on the other, to the criminal and malignant conduct of his Majesty's Ministers: that they might prevent licentiousness on the one fide, and depredation on the other. Their Lordships were the constitutional barrier between the extremes of liberty and prerogative.

The House being in a Committee, the question was put, Whether the Speaker should resume the chair? which was decided in the affirmative by a great majority.

The 1770.

The question being now got rid of, and notwithstanding CHAPTER it was past twelve o'clock, the Earl of MARCHMONT made XXXVII. the following motion: "That any resolution of this House, directly or indirectly impeaching a judgment of the House of Commons in a matter where their jurifdiction is competent, final, and conclusive, would be a violation of the Constitutional right of the Commons, tends to make a breach between the two Houses of Parliament, and leads to a general confufion."

* " It should seem that the Scotch kept this motion in their pockets; and that they reserved themselves for it; as neither the Earl of MARCHMONT, who made it, nor Lord MANSFIELD, who supported it, opened their mouths till now; when they both spoke with great vigour. The Earl of MARCHMONT threw out, by way of menace to the Oppofition, that if they went one step further, they would justify the neceffity of calling in foreign assistance. The Duke of RICHMOND called him to order, and asked for an explanation of the words foreign assistance. But he souffled it off. Lord MANSFIELD, in a long speech, insisted, that their Lordships had no right to interfere in any determination of the Commons. The Earl of EGMONT faid the late petitions were highly cenfurable, that the people had no right to present such petitions, for that they were treasonable. -The Earl of CHATHAM thanked him for his lenity, in permitting the petitioners to have their heads on one day longer: and faid, the petitions were laudable and conftitutional; and the right of the people, to present them, undoubted. He then replied to Lord MANSFIELD, and shewed the necessity of the House of Lords interfering, in case of an invasion of the peoples liberties, or an unconstitutional determination of the House of Commons; and he affirmed, that the cafe of the county of Middlesex fell under both those denominations. Then he conjured them, by the noble blood which had run for so many ages in their veins and by the noble struggles of their ancestors in behalf of liberty, not to behold with indifference a tranfaction so alarming; and modestly said of himself, for his own part, he was hardly warm in his feat. He