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DISPUTES BETWEEN RUSSIA AND SWEDEN.
The affairs of the continent underwent no remarkable alteration. An ambassador-extraordinary being sent to Petersburgh from the court of London, declared to the czarina's minister, that, in case of a rupture between Russia and Sweden, occasioned by the hostilities committed by the former power, his Britannic majesty would consider Russia as the aggressor, and the czarina could not expect that he would supply her with the succours which he was engaged by treaty to furnish for her defence, in case she should be attacked. A declaration of the same nature was made by the ambassador of her Imperial majesty the queen of Hungary, while the ministers of France and Prussia, who were in strict alliance with Sweden, gave her to understand that they would punctually fulfil their engagements with the court of Stockholm, should she actually invade the Swedish territories of Finland. The spirit with which the king of Prussia exerted himself on this occasion, gave infinite umbrage to the czarina, who, indeed, expressed her resentment, by treating the minister of Brandenburgh with contemptuous neglect, and even refused to favour him with an audience till he should be vested with the character of ambassador. Thus were sewn the seeds of misunderstanding between those two powers, which, in the sequel, grew up to the most bitter animosity, and served to inflame those dissensions which have desolated the fairest provinces of Germany. The remonstrance of his Prussian majesty, with respect to the troubles of the North, was couched in such terms as gave dissatisfaction to the court of Petersburgh. The Russian minister retired from Berlin without the ceremony of taking leave, and the Prussian ambassador Warendorf was recalled from the court of the czarina.
PLAN FOR ELECTING THE ARCHDUKE JOSEPH KING OF THE ROMANS.
The attention of his Britannic majesty was not wholly engrossed by the disputes between Russia and Sweden. He had another object in view, which more nearly concerned the interests of his German dominions; and had set on foot two negotiations of the utmost importance to the commerce and advantage of Great Britain. His first and principal aim was, in conjunction with the court of Vienna, to take such measures as would secure the succession of the Imperial dignity to the archduke Joseph, eldest son and heir to the reigning emperor. As the previous step to that elevation, it was proposed to elect this young prince king of the Romans; and for this purpose it was necessary to procure a majority not only of the electors, but also in the diet of the empire, through which the proposal must have passed. No stone was left unturned to reconcile this expedient to the German princes. Subsidies were offered by the maritime powers of England and the states-general to the electors of Mentz and Cologn; and a treaty of the same nature was concluded with the elector of Bavaria, who, in consideration of an annual subsidy, amounting to forty thousand pounds sterling, two-thirds to be paid by Britain, and the rest by the states-general, engaged to keep in readiness a body of six thousand infantry, as auxiliaries to the maritime powers, though not to act against the emperor or empire; and to join the interest of his Britannic majesty in the diet, as well as in the electoral college. In order to render the king of Poland, elector of Saxony, propitious to this design, he was accommodated with the loan of a very considerable sum, upon the mortgage of certain bailiwicks and lordships belonging to the Saxon dominions. Thus a majority of the electors was secured, and such foundations were laid for the success of this project, that it was generally believed it would be accomplished in his Britannic majesty's next visit to his German dominions. Hopes, it was said, were given to the king of Sweden, that his concurrence would be gratified by erecting the house of Hesse-Cassel, of which he was head, into a tenth electorate. Arguments of an interesting nature were used with the king of Prussia, and the elector-palatine, that if possible, the diet might unanimously approve of this measure, so necessary for establishing the peace of the empire, and preventing such troubles as arose from a disputed succession at the death of Charles the Sixth. These endeavours, however, did not succeed in their full extent. The king of Prussia, as elector of Brandenburgh, opposed the election as unnecessary and improper, on account of the health and vigour of the reigning emperor, and the tender years of the archduke. This monarch had set himself up as a balance to the power of the house of Austria, which had long aspired to absolute dominion over its co-estates, and endeavoured to establish an hereditary right of succession to the empire; he therefore employed all his influence to frustrate the measure proposed, either actuated by a spirit of pure patriotism, or inspired with designs which he had not yet thought proper to declare. The opposition was joined by the elector-palatine, and countenanced by the French king; who protested, that, for the sake of peace, he would not oppose this election, though contrary to the Golden Bull, provided it should be confirmed by the unanimous consent of the electoral college; but should any one member signify his dissent, and he or any state of the empire claim the protection and assistance of his most christian majesty, he could not dispense with granting both, in consequence of his being guarantee of the treaty of Westphalia; an engagement by which he was obliged to succour those princes and states of the empire who might have recourse to him, in case of any grievance they suffered contrary to what was stipulated in that constitution. This declaration co-operating with the known character of his Prussian majesty, whose great army over-awed Hanover and Bohemia, in all probability damped that vigour with which the courts of Vienna and Herenhausen had hitherto prosecuted this important negotiation.
DISPUTES WITH THE FRENCH ABOUT THE LIMITS OF NOVA SCOTIA.
The second object that employed the attention of the British ministry, was the establishment of the precise limits of Acadia, or Nova Scotia, where the new colony had suffered great mischief and interruption from the incursions of the Indians, excited to these outrages by the subjects and emissaries of France. Commissaries had been appointed, by both crowns, to meet at Paris and compromise these disputes: but the conferences were rendered abortive by every art of cavilling, chicanery, and procrastination, which the French commissioners opposed to the justice and perspicuity of the English claims. They not only misinterpreted treaties, though expressed with the utmost precision, and perplexed the conferences with difficulties and matter foreign to the subject, but they carried the finesse of perfidy so far as to produce false charts and maps of the country, in which the rivers and boundaries were misplaced and misrepresented. At this time also the insincerity of the French court appeared in affected delays and artful objections, with respect to the evacuation of the neutral islands in the West Indies; and the governors of the British plantations, in different parts of North America, transmitted intelligence that the French had begun to make encroachments on the back of the English colonies.
TREATY WITH SPAIN.
Perhaps the precarious footing on which the peace stood between Great Britain and France at this juncture, and the critical situation of affairs in Germany, determined the ministry of England to compromise all differences with Spain, upon such terms as at any other time they would hardly have embraced. In order to discuss those points between the two nations, which had not been settled by the treaty of Aix-la-Chapelle, conferences were also begun at Madrid, and carried on by Mr. Keene, plenipotentiary to his Britannic majesty, and don Joseph de Carvajal and Lancastro, the Spanish king's minister. At length a treaty was concluded on these conditions—the king of Spain engaged to pay, in three months, to the South-sea company of England, one hundred thousand pounds sterling, as an indemnification for all claims upon his crown, by virtue of the assiento. In other respects, the trade and navigation of the English to the ports of Spain were regulated by former treaties. It was stipulated, that they should pay no other duties than those that were exacted of them in the reign of Charles II. of Spain; that they should be treated on the footing of the most favoured nations; and continue to enjoy the privilege of taking salt at the island of Tortuga. But there was no article restricting the Spanish guarda costas from searching the British vessels on the high seas; although, as we have already observed, this insolent prerogative, assumed without right, and exercised without humanity, was in effect the original and sole cause of the late rupture, which had been attended with such enormous expense to the nation. It must be owned, however, that his catholic majesty was at this period extremely well disposed to live upon good terms with Great Britain. He was resolved to indulge his people with the blessings of peace, to propagate a spirit of industry throughout his dominions, and in particular to encourage commerce, which he foresaw would prove a much more certain and inexhaustible source of wealth, power, and influence, than all the treasures he could drain from the mines of Mexico and Peru. His resolutions on this interesting subject were chiefly directed by don Ricardo Wall, who now acted as his minister at London; a gentleman of Irish extract, who had distinguished himself in the field as well as in the cabinet, and possessed the joint qualifications of a general and a statesman. He had, by virtue of a passport, come over privately to England before the peace, in order to pave the way for the treaty, by a secret negotiation with the English ministers; but immediately after the peace was proclaimed, he appeared in the character of ambassador. He was possessed of the most insinuating address, shrewd, penetrating, and inquisitive. While he resided in London, he spared no pains in learning the nature of those manufactures, and that commerce, by which Great Britain had been so remarkably aggrandized; and on his return to Spain, where in a little time he was placed at the helm of affairs, he turned the knowledge he had thus acquired to the advantage of his country. He not only promoted the useful arts, within the kingdom of Spain, but demonstrated the infinite advantage that would accrue from an active trade, which the Spaniards had for many-ages neglected; and in a few years their ships were seen to swarm in all the commercial ports of Europe. Of other foreign events which distinguished this summer, the most remarkable was the death of John, king of Portugal, who perfectly understood, and steadily pursued, the true interests of his country, and in whom many princely qualities were debased by a cruel spirit of bigotry and superstition. He was succeeded by his eldest son Joseph, who, if he has fallen short of his father in some respects, cannot be justly charged with having inherited this paternal weakness.
SESSION OPENED.
The king of Great Britain having returned to England, opened the session of parliament in January with a speech, importing, that he had concluded a treaty with the king of Spain, and amicably adjusted such differences as could not be so properly compromised in a general treaty; that the commerce of this nation with that country was re-established upon the most advantageous and sure foundations; and that there was the greatest reason to hope the ancient friendship between Great Britain and Spain would, from mutual inclination as well as interest, be now effectually restored. He told them, that in conjunction with the empress-queen and the states-general, he had concluded a treaty with the elector of Bavaria; and was employed in taking such further measures as might best tend to strengthen and secure the tranquillity of the empire, support its system, and timely anticipate such events as had been found by experience to endanger the common cause, involve Europe in the calamities of war, and occasion the loss of much blood and treasure to these kingdoms. He promised that both these treaties should be subjected to their perusal; he gave them to understand that he had received from all the other contracting powers in the definitive treaty of Aix-la-Chapelle, the most full and clear declarations of their resolution to preserve the general peace; and that he had taken care to consolidate the ties of union and friendship between him and his allies, the better to secure their mutual interests, maintain the peace already subsisting, and prevent the occasion of any future rupture. Finally, he recommended unanimity, the improvement of commerce, and the effectual suppression of such outrages and violences as are inconsistent with good order and government, and endanger the lives and properties of the subject, whose happiness and flourishing condition he had entirely at heart.
When the motion was made for an address of thanks, couched in terms that savoured of the most implicit complaisance, approbation, and acquiescence in the measures which the crown had taken, the earl of Egmont, and some other anti-courtiers, affirmed, that such an address would be equally servile and absurd. They observed, that nothing could be more preposterous than a blind approbation of measures which they did not know; that nothing could be more ridiculous than their congratulations on the present happy tranquillity, when almost every day's newspapers informed them of some British ships being seized by the Spaniards, or some new attack made by the French on our infant colony of Nova Scotia. With respect to the continent of Europe, they affirmed, that the tranquillity of Germany would have been upon a much more solid foundation, had England never interposed in the affairs of the empire: in that case the princes would of themselves have supported the constitution of their own country; that the election of an infant for the king of the Romans was much more likely to disturb than establish the tranquillity of Europe; because it would help to overturn the constitution of the empire, by rendering the imperial dignity hereditary in one house, instead of being the result of a free election. They took notice that the constitution had provided vicars to govern the empire during the vacancy of the imperial throne; but had made no provision of regents, protectors, or guardians, for a minor emperor, because it was never supposed that a minor would be chosen. They inveighed against the late treaty with Spain; in which, they said, the ministry, for the paltry sum of one hundred thousand pounds, had given up the claims of the South-Sea company, and other British merchants, who had suffered from depredations to the amount of one million three hundred thousand pounds; and bartered away the freedom of our trade and navigation, by leaving untouched that prerogative which the Spaniards had assumed, of searching the British ships in the open seas, and confiscating them should they find on board the least particle of what they called contraband merchandise. They produced an instance of an English ship, lately driven by stress of weather into one of the ports of the Spanish West Indies, where she was searched, seized and condemned, under this pretence. They recapitulated the conduct of the French, who, in the midst of their declarations of peace and moderation, were still employed in fortifying their settlements on the neutral islands, as well as in harassing and encroaching upon our plantations in North America. They exclaimed against the treaty of subsidy with the elector of Bavaria, or any other prince in time of peace; observing, that for some years the nation had paid such pensions to the Danes and the Hessians; but, in the course of the late war, the former abandoned our interests, and the latter actually took arms against Great Britain. They affirmed that the subsidy was greater than the nation could spare; for, unless the land-tax should be continued at four shillings in the pound, they could not afford a shilling to any prince in Germany, without encroaching upon the sinking fund. "At such a juncture," said a certain member, "will any gentleman presume to propose the continuation of such an imposition on the land-holder, for the sake of bribing the princes of Germany to do what?—to preserve the freedom and independency of their native country. I say, princes of Germany, because this subsidy to Bavaria will signify nothing unless we take half a score more of them into our pay; and when we have thus indulged them for seven years of peace, they may give us the slip, as others have done, whenever another war should be declared." Against these objections the motion was supported by Mr. William Pitt, at this time an advocate for the ministry. He observed, that the address was no more than the usual compliment to the throne, which did not imply an obligation on the parliament to approve of measures which they might find cause to censure upon further inquiry. He said, the trivial disputes still subsisting between this nation and the Spaniards, or French, would soon be terminated amicably, and could never affect the general tranquillity of Europe, which was to be established upon a firm alliance between his majesty and such a confederacy upon the continent, as would be an over-match for the house of Bourbon. He expatiated upon his majesty's wisdom in taking off from the French interest such a powerful prince as the elector of Bavaria, and concerting other salutary measures for preserving the balance of power on the continent. He defended the articles of the late treaty with Spain; observing, that what remained of the assiento contract was a matter of very little consequence to the South-Sea company; that the demands of this company, and other British merchants, were all cancelled by the rupture with Spain, and more than recompensed to the nation by a great balance of captures during the war, as well as by the great traffic carried on with the Spanish settlements in the West Indies, after it had been laid open by the demolition of their fortresses. He asserted, that by this treaty the court of Spain had made many important concessions; they had condescended to pay a great sum to the South-Sea company; they had consented to the re-establishment of the British trade in Spain, upon a very advantageous and solid footing, by agreeing that the subjects of Great Britain should pay no other duties on merchandize than those exacted of his catholic majesty's own subjects, and to abolish all innovations that had been introduced into the commerce. He affirmed, that the article of No Search was a stipulation which it would have been ridiculous to insist upon; and thought proper to obviate a reproach which he foresaw the opposition would throw upon him, from the circumstance of his having, upon a former occasion, heartily concurred in a motion for an address, that no treaty of peace with Spain should be admitted, unless such a stipulation should be first obtained as a preliminary. He owned he had strenuously contended for such a motion, because at that time, being very young and sanguine, he thought it right and reasonable; but he was now ten years older, had considered matters more coolly, and was convinced that the privilege of No Search, with respect to British vessels sailing near the American shore, would never be obtained, unless Spain should be brought so low as to acquiesce in any terms we as victors might propose. He likewise signified his conviction, that all addresses from the house of commons, during the course of a war, for prescribing terms of peace, were in themselves ridiculous; and that every such address was an encroachment on the king's prerogative, which had always been attended with unlucky consequences. How far these arguments are satisfactory, conclusive, and consistent, we shall leave to the reader's determination. Certain it is, they were adopted by the majority, and the address was presented without further opposition.
The two grand committees appointed to discuss the supplies for the ensuing year, and the funds upon which they were to be raised, proceeded, as usual, under the direction of the ministry; yet not without some vehement opposition, in which certain servants of the crown expressed the most hearty concurrence. When a motion was made for reducing the number of seamen to eight thousand, Mr. W. Pitt, Mr. Lyttelton, and Mr. G. Grenville, opposed it with all their might of argument and elocution; but they were overruled. Annual debates were also revived, with the same success, upon the number of troops constituting the standing army; but the other resolutions of the grand committees met with little or no opposition. The number of seamen for the ensuing year was limited to eight thousand; and that of the standing forces continued at eighteen thousand eight hundred and fifty-seven effective men, including one thousand eight hundred and fifteen invalids. The commons granted a considerable sum of money for paying off the principal of such redeemable stocks as had not been subscribed, in pursuance of two acts passed in the last session for reducing the interest of annuities. Thirty thousand pounds were given for fulfilling the king's engagement with the elector of Bavaria; large grants were made for supplying deficiencies, and replacing sums borrowed from the sinking fund. The expense incurred by the new colony of Nova Scotia, not provided for by parliament, exceeded fifty-seven thousand pounds; and the maintenance of it for the ensuing year was fixed at fifty-three thousand nine hundred and twenty-seven pounds, fourteen shillings and fourpence. An enormous charge! if we consider to how little purpose all this bounty was bestowed. A fund was established under the sanction of parliament, for the relief and maintenance of the widows of sea officers, by allowing, upon the books of every ship of war in sea pay, the wages and victuals of one man for every hundred of which the compliment shall consist, for such time only as the number of men employed in the service of the royal navy shall not exceed twenty thousand. This was an additional indulgence, over and above the allowance of one man granted by a former act of parliament. On the whole, the provisions of this year amounted to five millions one hundred and twenty-five thousand and twenty-three pounds, eleven shillings and sevenpence, to be raised by the usual duties; the sum of one million twenty-six thousand four hundred and seventy-six pounds, four shillings and sixpence, advanced by the bank of England to pay off their own unsubscribed annuities, for which they accepted exchequer bills at three per cent, interest; by the land-tax at three shillings in the pound; a lottery and annuities, at the rate of three per cent, per annum, to be charged on the sinking-fund redeemable by parliament. The annual measure called the mutiny bill, was not passed without dispute and altercation; some alterations were proposed, but not adopted; and the sentences of court-martials still subjected to one revision.
{GEORGE II. 1727-1760}
DEATH AND CHARACTER OF THE PRINCE OF WALES.
In the midst of these deliberations, the kingdom was alarmed with an event which overwhelmed the people with grief and consternation. His royal highness the prince of Wales, in consequence of a cold caught in his garden at Kew, was seized with a pleuritic disorder; and, after a short illness, expired on the twentieth day of March, to the unspeakable affliction of his royal consort, and the unfeigned sorrow of all who wished well to their country. This excellent prince, who now died in the forty-fifth year of his age, was possessed of every amiable quality which could engage the affection of the people; a tender and obliging husband, a fond parent, a kind master; liberal, generous, candid, and humane; a munificent patron of the arts, an unwearied friend to merit; well disposed to assert the rights of mankind in general, and warmly attached to the interest of Great Britain. The nation could not but be afflicted at seeing a prince of such expectations ravished from their hopes; and their grief was the better founded, as the king had already attained to an advanced age, and the heir-apparent, George, now prince of Wales, was a minor.
SETTLEMENT OF A REGENCY IN CASE OF A MINOR SOVEREIGN.
His majesty, foreseeing all the inconveniencies which might arise from a minority, deliberated with his council on this subject, and resolved to obtain a parliamentary sanction for the measures judged necessary to secure the succession. With this view he sent a message to both houses on the twenty-sixth day of April, importing, that nothing could conduce so much to the preservation of the protestant succession in his royal family, as proper provisions for the tuition of the person of his successor, and for the regular administration of the government, in case the successor should be of tender years; his majesty therefore earnestly recommended this weighty affair to the deliberation of parliament; and proposed, that when the imperial crown of these realms should descend to any of the late prince's sons, being under the age of eighteen years, his mother, the princess dowager of Wales, should be guardian of his person, and regent of these kingdoms, until he should attain the age of majority, with such powers and limitations as should appear necessary and expedient for these purposes. This message produced a very affectionate address, promising to take the affair into their serious consideration; and in the beginning of May the duke of Newcastle presented to the house of peers a bill to provide for the administration of government, in case the crown should descend to a minor. The bill was read a second time, and committed, when a second message arrived from his majesty, recommending to their consideration the settlement of such a council of regency as the bill proposed, consisting of his royal highness the duke of Cumberland, who at that time commanded the army, the archbishop of Canterbury, the lord chancellor, the lord high treasurer, or first lord commissioner of the treasury, the president of the council, the lord privy-seal, the lord high-admiral of Great Britain, or first commissioner of the admiralty, the two principal secretaries of state, and the lord chief justice of the king's-bench; all these great officers, except his royal highness the duke, for the time being. This bill did not pass through the lower house without violent debate and bitter sarcasms. The council of regency, though espoused by all the ministry, including the paymaster-general, met with fierce opposition, as an unnecessary and fatal restriction that would impede the machine of government, and, as the council was constituted, might be productive of the most pernicious consequence. Some of the members ventured even to insinuate the danger of leaving at the head of a large standing army, a prince of the blood vested with a share of the regency, possessed of great personal influence, the darling of the soldiery, brave, popular, and enterprising; supposed not devoid of ambition, and not at all remarkable for any symptoms of extraordinary affection towards the person of the heir-apparent. The history of England was ransacked for invidious instances of royal uncles and regents who had injured the sovereigns, and distressed the government, by their pride, cruelty, and ambition. The characters of John Lackland, and John of Gaunt, Humphrey and Richard dukes of Gloucester, were called in review, canvassed, compared, and quoted, with some odious applications; but the majority being convinced of the loyalty, virtue, integrity, and great abilities of his royal highness, to whom the nation owed obligations of the most important nature, passed the bill with a few amendments, in which the lords acquiesced; and in a little time it received the royal sanction.
GENERAL NATURALIZATION BILL.
The death of the prince of Wales was fatal to a bill which had been brought into the house of commons, for naturalizing all foreign protestants who should settle within the dominions of Great Britain. Political arithmeticians have generally taken it for granted, that to every commercial nation an increase of people is an increase of opulence; and this maxim is certainly true, on the supposition that every individual is industrious, and that there is a sufficient field for employment; but all these general maxims ought to be received under certain qualifications. When all branches of manufacture are overstocked, an addition of workmen will doubtless be an additional incumbrance on the community. In the debates which this bill produced, the members of the ministry were divided among themselves. The measure was enforced by the chancellor of the exchequer, Mr. W. Pitt, and Mr. Lyttelton; and in opposing it the earl of Egmont was joined by Mr. Fox, secretary at war. Petitions and counter-petitions were presented by the merchants of London, Bristol, and other trading towns of the kingdom. All merchants and traders of foreign extraction exerted themselves vigorously in its behalf, and it was without doubt countenanced by the administration; but the project was odious to the people in general. The lord mayor, aldermen, and commons of London, in common-council assembled, composed a remonstrance to the lower house, setting forth the danger and inutility of a general naturalization of foreign protestants. A petition of the merchants and principal inhabitants of Bristol represented that such a law would be prejudicial to the trade and commerce of this kingdom, by preventing many industrious artificers from procuring a sufficient support for themselves and their families, and of consequence increasing the rates of the poor; that the introduction of such a number of foreigners, instead of being a support to the present happy establishment, might endanger the very basis of our constitution; that it would greatly tend to the diminution of our manufactures, as many strangers would doubtless come and reside in England for a time, in order to learn the methods and management of our manufacturers and artificers; and, after having obtained this instruction, return to their native countries, where they would establish and carry on works of the same nature. The twentieth day of March being appointed for the third reading of the bill, it was postponed in consequence of the unfortunate death of the prince of Wales; and other petitions from different cities of the kingdom being mustered against it in the sequel, the ministry did not think proper to persist in any unpopular measure at such a delicate conjuncture; so the bill was no more brought upon the carpet. Divers other regulations, relating to civil policy as well as to the commerce of Great Britain, were propounded in the house of commons; but these proposals proved abortive, either because they appeared crude and indigested in themselves, or the house could not obtain proper information touching the allegations they contained.
CENSURE PASSED UPON A PAPER ENTITLED "CONSTITUTIONAL QUERIES."
There were no other transactions in this session, except the concurrence of both houses in stigmatizing a printed paper, entitled "Constitutional Queries, earnestly recommended to the serious consideration of every true Briton;" and the steps taken by the commons, in consequence of the commotions occasioned by the Westminster election. The above-mentioned paper, which had been conveyed by letter to the majority of both houses, was communicated to the lords in the month of January by the duke of Marlborough, who moved for resolutions against it as a seditious libel, and that the concurrence of the commons might be desired. A conference accordingly ensued, and both houses concurred in voting the paper a false, malicious, scandalous, infamous, and seditious libel; containing the most false, audacious, and abominable calumnies and indignities upon his majesty; and the most presumptuous and wicked insinuations that our laws, liberties, and properties, and the excellent constitution of this kingdom, were in danger under his majesty's legal, mild, and gracious government; with intent to instil groundless suspicions and jealousies into the minds of his majesty's good subjects, and to alienate their affections from his majesty and the royal family. It was therefore resolved by the lords spiritual and temporal, and commons in parliament assembled, that, in abhorrence and detestation of such abominable and seditious practices, the paper should be burnt by the hands of the common hangman in the new Palace-yard of Westminster; and this sentence was executed accordingly. Then they presented an address to his majesty, desiring that the most effectual means might be taken for discovering the author, printer, or publisher, that he or they might be brought to condign punishment. Directions were given for this purpose; but without effect. Those concerned in writing, printing, and circulating the paper, had acted with such caution that not one of them was ever discovered.
PROCEEDINGS OF THE COMMONS ON THE WESTMINSTER ELECTION.
The proceedings of the commons with respect to the election of a burgess for Westminster were attended with some extraordinary circumstances, which we shall now record for the edification of those who pique themselves on the privileges of a British subject. We have already observed, that a majority appearing on the poll for lord Trentham, the adherents of the other candidate, sir George Vandeput, demanded a scrutiny, which was granted by the high bailiff of Westminster, the returning officer. During this tedious investigation, which rolled chiefly on the qualifications of voters, he acted with such address and seeming candour as gave entire satisfaction to both parties, till at length he determined in favour of lord Trentham, whom he returned as duly elected. Those who styled themselves the independent electors did not acquiesce in this determination without clamour, reproach, menaces, and riot. They taxed Mr. Leigh, the high-bailiff, with partiality and injustice; they loudly affirmed that ministerial influence had been used in the most scandalous manner; and, finally, joined sir George Vandeput in a petition to the lower house, complaining of an undue election and return of a member for the city of Westminster. The commons, instead of inquiring into the merits of these petitions, ordered them to lie upon the table; and, without any complaint from any person whatever, a motion was made that Leigh, the high-bailiff, should attend the house immediately, in order to make them acquainted with what he had done in pursuance of the directions he had formerly received from that house, touching the execution of the writ for electing a new member to represent the city of Westminster. As this motion had been preconcerted, Leigh was attending in the lobby, and immediately called into the house to be examined on this subject. Having, in the course of his examination, alleged that the election had been protracted by affected delays, he was asked by whom, and by what means; but, before he could answer, the earl of Egmont, interposing, objected to the question as improper, and moved for the order of the day. A debate immediately ensued, in which the impropriety of the question was demonstrated by Mr. Henley, now lord-keeper, Dr. Lee, and some others, the most sensible and moderate members of the house; but they were opposed with great violence by lord viscount Corke, Henry Fox, esquire, sir William Young, colonel Lyttelton, and the weight of the ministry; so that the motion for the order of the day was carried in the negative, and the high-bailiff required to answer the question. Thus interrogated, he declared that he had been impeded in the scrutiny, and maltreated, by Mr. Crowle, who had acted as counsel for sir George Vandeput, by the honourable Alexander Murray, brother to lord Elibank, and one Gibson, an upholsterer, who had been very active, zealous, and turbulent in his endeavours to promote the interest of sir George Vandeput, or rather to thwart the pretensions of the other candidate, who was supposed to be countenanced by the ministry. These three persons, thus accused, were brought to the bar of the house, notwithstanding the strenuous remonstrances of several members, who opposed this method of proceeding, as a species of oppression equally arbitrary and absurd. They observed, that, as no complaint had been preferred, they had no right to take cognizance of the affair; that if any undue influence had been used, it would naturally appear when the merits of the election should fall under their inquiry; that a complaint having been lodged already against the returning officer, it was their duty to investigate his conduct, and punish him if he should be found delinquent; but that nothing could be more flagrantly unjust, and apparently partial, than their neglecting the petitions of the other candidate and electors, and encouraging the high-bailiff, who stood charged with iniquity, to recriminate upon his accusers, that they might be disabled from giving evidence on the inquiry into the merits of the election. What difference is it to the subject whether he is oppressed by an arbitrary prince, or by the despotic insolence of a ministerial majority? Mr. Crowle alleged, in his own vindication, that he had been employed as counsel by the electors of Westminster, and attended the scrutiny in that character; that after the high-bailiff had, in the course of the last session, received the order of the house to expedite the election, he hurried on the scrutiny with such precipitation as, he apprehended, was unjust and prejudicial to his clients; that, in this apprehension, he (Mr. Crowle) insisted upon the high-bailiff's proceeding with more deliberation, and in so doing he thought he did his duty to his employers. Some evidence being examined against him, declared he had not only protracted the scrutiny, but also spoken disrespectful words of the house of commons; he was therefore reprimanded on his knees by the speaker, and discharged.
MR. MURRAY SENT PRISONER TO NEWGATE.
Mr Murray being charged with having uttered some threatening and affrontive expressions, the house adjourned the consideration of this affair for some days, at the expiration of which Mr. Murray was to be heard by his counsel; but, in the meantime, they ordered him to be taken into custody by the sergeant-at-arms attending the house. This step however was not taken without a warm opposition by some of the most sedate and intelligent members of the house, who considered it as a cruel act of oppression. They observed, that in cases of breach of privilege, no person complained of was ever taken into custody until after he had been fully heard in his defence; that this was literally prejudging the cause before it had been examined; and the oppression was the greater, as the alleged offence consisted entirely of words, of which no complaint or information had been made for above eight months after the supposed offence had been committed; and, even then, not till an accusation had been lodged against the informant, upon the trial of which accusation the persons informed against might very probably be the most material witnesses. They observed, that in one of the highest offences which can be committed by words, namely, that of denying the king's right to the crown, or renouncing the trinity, the information must be brought in three or four days after the words are spoken; the words must be proved to have been spoken maliciously, directly, and advisedly, and the prosecution must commence in three months after the information. These suggestions made no more impression than if they had been uttered in a desert. Those who were secure in their number, asserted that the house of commons was not restricted by the forms or proceedings at common law; and that it was necessary to vindicate their own honour and dignity, by making examples of those who seemed to hold them in contempt. Mr. Murray was committed to the custody of the sergeant-at-arms, and found bail; and Gibson was sent prisoner to Newgate, from whence he was in a few days released, upon presenting an humble petition, professing his sorrow for having incurred the displeasure of the house, to the bar of which he was brought, and received a reprimand on his knees from the speaker. In the meantime, divers witnesses being examined before the house, declared, That Mr. Murray had been seen, about the time of the return of a member for Westminster, heading and exciting a tumult to acts of violence against the high-bailiff. The majority, therefore, after a long and warm debate, agreed, that for his dangerous and seditious practices, in violation and contempt of the privileges of the house, and of the freedom of elections, he should be committed close prisoner to Newgate Then, in the close of another violent debate, they resolved that he should be brought to the bar of the house, to receive that sentence on his knees. He accordingly appeared, and being directed by the speaker to kneel, refused to comply. He knew that he could not be discharged from Newgate during the session, without petitioning, acknowledging his offence, and making such concessions as he thought would imply a consciousness of guilt; he considered this whole transaction as an oppressive exertion of arbitrary power, and, being apprized of the extent of their authority, determined to bear the brunt of their indignation, rather than make submissions which he deemed beneath the dignity of his character. When he refused to humble himself, the whole house was in commotion; he was no sooner removed from the bar than they resolved, that his having in a most insolent and audacious manner refused to be on his knees at the bar of that house, in consequence of their former resolution, was a high and most dangerous contempt of the authority and privilege of the commons; it was therefore ordered, that he should be committed close prisoner to Newgate, debarred the use of pen, ink, and paper; and that no person should have access to him without the leave of the house. Finally, a committee was appointed to consider what methods might be proper to be taken by them, in relation to this instance of contempt. Meanwhile, the petitioners against the return made by the high-bailiff, perceiving the temper of the house, and the complexion of the majority, withdrew their petition; and the order which had passed for hearing the merits of the election was discharged. Mr. Murray being taken dangerously ill in Newgate, application was made to the commons, by some of his relations, that he might be removed to a more convenient situation; and his physician being examined, gave it as his opinion that he was infected with the gaol distemper. Upon this representation, the house agreed that the speaker should issue a warrant for removing him from Newgate to the custody of the sergeant-at-arms, but this favour he refused to accept, and expressed the warmest resentment against those relations who had applied to the commons in his behalf. Thus he remained sequestered even from his own brother and sister, under the displeasure of the commons of England, who condescended so far as to make resolutions touching the physician, apothecary, and nurse who attended this prisoner. But the prorogation of parliament having put an end to their authority for that session, Mr. Murray was discharged of course, and conducted by the sheriffs from Newgate to his own house, in procession, with flags and streamers exhibiting the emblems of liberty.
SESSION CLOSED. STYLE ALTERED.
In the month of June the session was closed with a speech from the throne, in which his majesty thanked both houses for the zeal and affection they had manifested towards him and his government; and congratulated the commons in particular, upon their firmness and prudence in reducing the interest of the national debt, a measure as agreeable to him as essential to the strength and welfare of the kingdom. [330] [See note 2 S, at the end of this Vol.]—The interior economy of Great Britain produced, within the circle of this year, nothing else worthy of historical regard, except a series of enormous crimes, arising from the profligacy of individuals, which reflected disgrace upon the morals and the polity of the nation. Rapine and robbery had domineered without intermission ever since the return of peace, which was attended with a reduction of the army and navy; but now crimes of a deeper die seemed to lift up their heads, in contempt of law and humanity. [331] [See note 2 T, at the end of this Vol.] Every day almost produced fresh instances of perjury, forgery, fraud, and circumvention; and the kingdom exhibited a most amazing jumble of virtue and vice, honour and infamy, compassion and obduracy, sentiment and brutality.
CHAPTER VIII.
Death of the Queen of Denmark and the Prince of Orange..... Misunderstanding between the Czarina and King of Prussia..... Measures for electing a King of the Romans..... Death of the King of Sweden..... Session opened..... Animosity of the Commons towards Mr. Murray..... Proceedings upon a Pamphlet, entitled the Case of Mr. Murray..... Supplies granted..... Civil Regulations..... Law relating to the forfeited Estates in Scotland..... New Consolidation of Funds..... Two Ports opened for the Importation of Irish Wool..... The King sets out for Hanover..... Affairs of the Continent..... Dispute between Hanover and Prussia, Concerning East Friezeland..... Misunderstanding between the Courts of London and Berlin..... Improvement of Pomerania..... Treaty with the Elector Palatine..... Session opened..... Supplies granted..... Game Act..... Act for performing Quarantine..... and for preventing the Plundering of shipwrecked Vessels..... Bill relating to the Bounty on Corn exported..... Turkey Trade laid open..... Naturalization of the Jews..... Marriage Act..... Deliberations concerning the Sugar Colonies...... Fate of the Register Bill..... Sir Hans Sloane's Museum purchased by Parliament..... Story of Elizabeth Canning..... Execution of Dr. Cameron..... Tumults in different Parts of the Kingdom..... Disturbances in France..... Proceedings in the Diet relative to East Friezeland..... Treaty between the Court of Vienna and the Duke of Marlborough—Conferences with respect to Nova Scotia broke up..... Description of Nova Scotia..... Disputes concerning its Limits
DEATH OF THE QUEEN OF DENMARK AND PRINCE OF ORANGE.
The royal family of England had sustained three severe shocks in the compass of a few months. Besides the loss of the prince of Wales, which the nation lamented as irreparable, his majesty was deeply afflicted by the untimely death of his youngest daughter, the queen of Denmark, who died at Copenhagen on the nineteenth day of December, in the prime of youth. She was one of the most amiable princesses of the age in which she lived, whether we consider the virtues of her heart, or the accomplishments of her person; generous, mild, and tender hearted; beloved even almost to adoration by her royal consort, to whom she had borne a prince and two princesses; and universally admired and revered by the subjects of his Danish majesty. Her death had been preceded about two months by that of her brother-in-law, the prince of Orange, no less regretted by the natives of the United Provinces for his candour, integrity, and hereditary love to his country. Though he had not distinguished himself by the lustre of a superior genius, he had been at great pains to cultivate his understanding, and study the true interest of that community of which he was a member. He had always approved himself a good and zealous citizen, and, since his elevation to the stadtholdership, taken many salutary steps for the advantage of his country. Among other excellent schemes which he suggested, he left a noble plan with the states-general for restoring their commerce to its former lustre, and lived long enough to receive their warmest acknowledgments fox this last proof of his prudence and patriotism. His son and daughter being both infants, the administration of the government devolved upon the princess, as governante during her son's minority; and as such she succeeded to all the power which her husband had enjoyed.
MISUNDERSTANDING BETWEEN THE CZARINA AND KING OF PRUSSIA.
With respect to the affairs of the continent, the peace of the north seemed still as precarious as ever; for though the difference between Russia and Sweden had been compromised, the mutual disgust between the czarina and the king of Prussia had gained such accession from reciprocal insults, ill offices, and inflammatory declarations, that these two powers seemed to be on the eve of a rupture, and each was employed in making extraordinary preparations for war. The courts of Vienna and Great Britain, foreseeing that such a rupture would embroil the empire, and raise insurmountable obstructions to their favourite scheme of electing the archduke Joseph king of the Romans, resolved to employ all their influence in order to effect a reconciliation between the courts of Petersburgh and Berlin. His Prussian majesty had signified to the king of Great Britain and the states-general, the situation in which he stood with the czarina, and solicited their interposition, that the difference might be amicably accommodated. At the same time, he sent an envoy-extraordinary to Versailles, to negotiate with the French king for a very considerable body of auxiliaries, in case he should fee attacked. These circumstances induced the maritime powers, and the court of Vienna, to use their utmost endeavours for the prevention of a rupture; and accordingly they made remonstrances on this subject by their ministers at Petersburgh, proposing that the quarrel should be terminated without bloodshed, and all cause of animosity be buried in oblivion.
{GEORGE II. 1727-1760}
MEASURES FOR ELECTING A KING OF THE ROMANS.
In the meantime they eagerly prosecuted the design of the election; and the Imperial minister at Berlin not only communicated to his Prussian majesty the sentiments of the king of England on this expedient, but even solicited his vote for the archduke Joseph, when the election of a king of the Romans should be proposed in the electoral college. To this proposal he replied, that he was extremely well disposed to manifest his regard for their imperial majesties, and to give the most genuine proofs of it, even in the proposed election of a king of the Romans, considering the great merit of the present candidate the archduke Joseph; but he left it to the consideration of their imperial majesties, whether the election would not be a little premature, if transacted at a time when his imperial majesty was in the flower of his age; enjoying perfect health; and when all Europe, particularly the empire, was hushed in the bosom of tranquillity, so that no circumstance seemed to prognosticate the necessity of such an election; or of putting in execution the motives mentioned in the capitulation of the reigning emperor's election; especially as the examination of these motives belonged to the whole empire, and ought to precede the election, by virtue of the eighth article of the treaty of Westphalia. He observed, that in case of the emperor's death, Germany would find herself in a very disagreeable situation under the government of a minor. For these reasons, he said, he could not help advising their imperial majesties to wait until the archduke should be of age, when his election might be carried on more conformably to the laws and constitutions of the empire, and more suitable to the majesty of the whole Germanic body. This reply he circulated among the electors, and in particular transmitted it to the king of Great Britain, desiring they would deliberate maturely on this subject, and confer together in a body, as well as in private, that they might proceed according to the ancient custom of the electoral college, and take such 'measures as should be judged expedient for the honour and advantage of the community. This circular letter was answered both by the king of England and the elector of Bavaria, who demonstrated, that it was the privilege of the electoral college only, without any participation of the other princes of the empire, to elect a king of the Romans during the life of the emperor, in order to maintain the peace and preserve the liberties of Germany; and that the neglect of this wise precaution hath produced bloody wars, and many fatal consequences to the empire. They observed, that nothing could more contribute to the establishment of the public tranquillity than this measure, so ardently desired by the majority of the German princes; and that, although the archduke Joseph wanted a few years of being of age, and it might possibly happen that the reigning emperor should die during that prince's minority, yet it would be much less prejudicial to the empire to have a minor chief, than to see the succession altogether unsettled. His Prussian majesty received a declaration to the same purpose from the elector of Mentz; and understanding that this prince, as archchancellor of the empire, intended to convoke an electoral diet in order to propose the election of a king of the Romans, he wrote an elaborate letter to his electoral highness, explaining at more length his reasons for postponing the election. He quoted that sentence of the treaty of Westphalia which expressly declares, that the election of a king of the Romans shall be discussed and ordained by the common consent of the states of the empire; and, therefore, he could not conceive what right the electoral college had to arrogate this privilege to themselves, excluding the other states of the empire. He observed, that the imperial capitulations, which were the only laws of the empire that treated of this subject, mentioned only three cases in which it was lawful to proceed to such an election; namely, the emperor's leaving, and long absence from, Germany; his advanced age, or an indisposition, rendering him incapable of managing the reins of government; and any case of emergency in which the preservation of the empire's prosperity is interested. He affirmed that none of these motives at present existed; that, in case the imperial crown should devolve to a minor, many mischiefs and disorders must ensue, as the constitutions of the empire have established no regulations nor regency in that event; that an election of this nature, carried on under the power, influence, and authority of the head of the empire, would strike at the fundamental privileges of the princes and states; consequently, in time overturn the constitution of the empire, which, from being an elective dignity, conferred by the free and independent suffrages of the electoral college and states of Germany, under certain capitulations, obliging the prince thus chosen to govern according to law, would become an hereditary succession, perpetuated in one family, which of course must be aggrandized to the prejudice of its co-estates, and the ruin of the Germanic liberties. In a word, all Germany in general, and Ratisbon in particular, was filled with writings published on both sides: by the emperor and his adherents, to demonstrate that the election of a king of the Romans, during the life of the emperor, had often happened, and at this present time was necessary, and would be advantageous to the empire; while the king of Prussia and his friends laboured to prove that such an election, at the present juncture, would be ill-timed, irregular, and of dangerous consequence. Perhaps, if the truth was known, this enterprising prince had projected some great scheme, with the execution of which this proposed establishment would have interfered. Certain it is, he exerted himself with that spirit and perseverance which were peculiar to his character, to frustrate the intention of the courts of Vienna and London in this particular, and was assisted with all the intrigue of the French ministry. Their joint endeavours were so effectual, that the elector of Cologn renounced his subsidiary treaty with the maritime powers, and once more threw himself into the arms of France. The elector palatine being solicited by the empress-queen and his Britannic majesty to co-operate with their views, insisted, as a preliminary article, upon being indemnified by the court of Vienna for the ravages committed in his territories by the Austrian troops, during the course of the last war: the king of Poland, elector of Saxony, made the same demand of the like indemnification, which was granted by the mediation of king George; and then he subscribed to a subsidiary treaty, obliging himself to furnish a body of six thousand auxiliaries, in case they should be required by the maritime powers; and to act as an elector, in concert with the house of Austria, in every thing relating to the welfare of his country that should square with the fundamental laws of the empire. The courts of London and Vienna had this election so much at heart, that they sounded almost all the powers of Europe, to know how they stood affected towards the measure proposed. The king of Spain declined intermeddling in a domestic affair of the empire. The French king returned an ambiguous answer; from whence it was concluded that nothing but opposition could be expected from that quarter. The Swedish monarch was rendered propitious to the project by assurances that the house of Hesse-Cassel, of which he was the head, should be elevated into an electorate. They even endeavoured to soften his Prussian majesty, by consenting, at last, that the treaty of Dresden, confirming to him the possession of Silesia, should be guaranteed by the diet of the empire; a sanction which he now actually obtained, together with the ratification of his imperial majesty. Notwithstanding this indulgence, he still persisted in raising fresh objections to the favourite project, on pretence of concerting measures for preventing the inconveniencies that might result from a minority; for regulating the capitulations to be agreed on with the king of the Romans; securing the freedom of future elections, and preserving the prerogatives and privileges of the Germanic body in all its members. In consequence of these obstacles, joined to the apostacy of the elector of Cologn, the obstinacy of the elector palatine, and the approaching diet of Hungary, at which their imperial majesties were obliged personally to preside, the measures for the election were suspended till next summer, when his Britannic majesty was expected at Hanover to put the finishing stroke to this great event in favour of the house of Austria.
DEATH OF THE KING OF SWEDEN.
Another disappointment, with respect to this election, the promoters of it sustained in the death of his Swedish majesty, who expired in a good old age, and was succeeded by Adolphus Frederick, duke of Holstein Eutin, bishop of Lubeck, upon whom the succession had been settled for some years, by the unanimous concurrence of the states of the kingdom. This prince ascended the throne of Sweden without the least disturbance; and, of his own accord, took an oath in full senate, that he would never attempt to introduce a despotic authority; but maintain their liberties with his blood, and govern his subjects in all respects according to the laws and the form of government established in Sweden. This public act, which was communicated to all the foreign ministers, and particularly to the envoy from Petersburgh, met with such a favourable reception from the czarina, that she expressed her satisfaction in a public declaration; and the good understanding between the two courts was perfectly restored.
SESSION OPENED.
When the parliament of England was opened in the month of November, the king, in his speech from the throne, gave them to understand, that for the same purposes which suggested the treaty with the elector of Bavaria, he had now, in conjunction with the states-general, concluded another with the king of Poland, elector of Saxony. He told them that the unfortunate death of the prince of Orange had made no alteration in the state of affairs in Holland; and that he had received the strongest assurances from the states, of their firm resolution to maintain the intimate union and friendship happily subsisting between his majesty and those ancient and natural allies of his crown. He exhorted both houses to consider seriously of some effectual provisions to suppress those audacious crimes of robbery and violence, grown so frequent about the capital, proceeding in a great measure from that profligate spirit of irreligion, idleness, gaming, and extravagance, which had of late extended itself in an uncommon degree, to the dishonour of the nation, and the great offence and prejudice of the sober and industrious part of the people. The paragraphs of this speech were, as usual, echoed back to the throne in addresses replete with expressions of loyalty, affection, and approbation. Opposition was by this time almost extinguished; and the proceedings of both houses took place with such unanimity as was hardly ever known before this period in a British parliament. The commons, however, seem to have assembled with such sentiments as did no great honour to their temper and magnanimity. In a few days after the session opened, lord viscount C——e, a young nobleman, whose character entitled him to very little regard or influence among men of sense and probity, made a motion, that Mr. Murray, who had been so severely executed in the last session for refusing to humble himself on his knees before them, should be again committed close prisoner to Newgate for the same offence. This proposal, which supposed a power that the commons had never before exercised, was sharply disputed by the earl of Egmont, and others, who had not resigned all sense of moderation; but the majority adopted the measure with great eagerness, and the speaker was ordered to issue his warrant accordingly. Then the house resolved, that the said Alexander Murray should receive the sentence, for his now being committed close prisoner to his majesty's gaol of Newgate, at the bar of the house, upon his knees; and the sergeant-at-arms was commanded to take him into custody for this purpose. Their indignation, however, was eluded by the caution of the delinquent, who, having foreseen the effects of their resentment, had prudently retired to another country. They determined, nevertheless, to proceed against him as a person of some consequence in the commonwealth; for, being informed of his retreat, they condescended so far as to present an address to his majesty, desiring that his royal proclamation might be issued for apprehending the said Mr. Murray, promising a reward to him who should have the good fortune to apprehend this fugitive-a request with which his majesty most graciously complied.
PROCEEDINGS UPON A PAMPHLET, ENTITLED "THE CASE OF MR. MURRAY."
Nor was this the only address presented to the king: upon such an important subject. A pamphlet, entitled "The Case of the Hon. Alexander Murray, esquire, in an Appeal to the People of Great Britain," was first stigmatized in a complaint to the house, and was afterwards produced and read at the table. The piece was written with great acrimony, and abounded with severe animadversions, not only upon the conduct of the returning officer, but also on the proceedings of the commons. The violent members immediately took fire, and the flame extended itself to the majority. Nay, the house unanimously resolved, that the pamphlet was an impudent, malicious, scandalous, and seditious libel, falsely and most injuriously reflecting upon, and aspersing the proceedings of the house, tending to create misapprehensions in the minds of the people, to the great dishonour of the said house, and in violation of the privileges thereof. They furthermore presented an address to the king, desiring his majesty would be graciously pleased to give directions to his attorney-general to prosecute the authors or author, the printers or printer, and the publishers or publisher of the said scandalous libel, that they might be brought to condign punishment. Directions were accordingly given for this purpose, and a prosecution commenced against the publisher, who had some reason to be dismayed, considering the great weight of influence he was doomed to encounter—influence arising from a prosecution of the crown, instituted at the request, and founded on a vote, of the house of commons. Nevertheless, when the cause was heard before the lord-chief justice of England, a jury of free-born Englishmen, citizens of London, asserted their privilege of judging the law as well as the fact, and acquitted the defendant with a truly admirable spirit of independency. They considered the pamphlet as an appeal against oppression; and, convinced that the contents were true, they could not in conscience adjudge it a false libel, even though it had been so declared by one of the branches of the legislature.
{1752}
The commons, in regulating the supplies of the ensuing year, voted the continuation of eighteen thousand eight hundred and fifty-seven men for the land-service, though not without some opposition from certain patriots, who, rather from a sense of duty than from any hope of influencing the majority, affirmed that sixteen thousand men in time of peace would answer all the ends proposed by a standing army. The number of seamen was fixed at ten thousand; large sums were granted to make up deficiencies, and fulfil the engagements of the crown with the electors of Bavaria and Saxony, as well as for the maintenance of Nova Scotia and Georgia, and the castles on the coast of Guinea; and one hundred and twelve thousand one hundred and fifty-two pounds, three shillings and threepence, were voted, as a full compensation to the old royal African company for their exclusive charter and property, to be applied for the relief of their creditors. *
* These expenses were defrayed by a continuation of the duties on malt, &c; a land-tax at three shillings in the pound; a duty on licences, to be yearly paid by pawnbrokers and dealers in secondhand goods, within the bills of mortality; the sum of one million four hundred thousand pounds advanced by the bank, according to a proposal made for that purpose; five hundred thousand pounds to be issued from the sinking-fund; a duty laid on gum Senegal; and the continuation of divers other occasional impositions. The grants for the year amounted to something less than four millions, and the provisions made for this expense exceeded it in the sum of two hundred and seventy-one thousand and twenty-four pounds, ten shillings and sixpence halfpenny.
The laws enacted for the encouragement of traffic, and the regulations of civil polity, consisted in an act for licensing pawnbrokers, and for the more effectual preventing the receiving of stolen goods; another for preventing thefts and robberies, by which places of entertainment, dancing, and music, in London, Westminster, and within twenty miles of the capital, were suppressed and prohibited, unless the proprietors of them could obtain licenses from the justices of the peace, empowered for that purpose; a third for annexing the forfeited estates in Scotland unalienably to the crown, after having made satisfaction to the lawful creditors; establishing a method of leasing these estates, and applying the rents and profits of them for the better civilizing and improving the highlands, and preventing future disorders in that part of the united kingdom. Nothing could be more salutary than the purposes of these regulations. The suburbs of the metropolis abounded with an incredible number of public houses, which continually resounded with the noise of riot and intemperance; they were the haunts of idleness, fraud, and rapine; and the seminaries of drunkenness, debauchery, extravagance, and every vice incident to human nature; yet the suppression of these receptacles of infamy was attended with an inconvenience, which, in some cases, arose even to a degree of oppression. The justices being vested by the legislature with the power of granting or refusing licenses, were constituted, in effect, the arbiters on whose decision the fortunes and livelihood of many individuals absolutely depended. Many of those who exercised this species of magistracy within the bills of mortality, were, to the reproach of government, men of profligate lives, needy, mean, ignorant, and rapacious, and often acted from the most scandalous principles of selfish avarice.
LAW RELATING TO THE FORFEITED ESTATES IN SCOTLAND.
The law relating to the highlands of Scotland was well calculated for promoting, among the inhabitants of that country, such a spirit of industry as might detach them from their dangerous connexions, and gradually supersede that military genius which had been so productive of danger and alarm to the southern part of Great Britain. The king, by this act, was empowered to appoint commissioners for managing the forfeited estates, who were enabled to grant leases of small farms, not above twenty pounds a-year, to individuals, who should take an oath to government to reside upon and cultivate the lands thus let. It was also provided, that no lease should be granted for a longer term than twenty-one years; and that the leases should not pay above three-fourths of the annual value. Although these forfeited estates were generally encumbered with claims beyond their real value, and the act directed that they should be disposed of by public sale; yet, as they lay in the most disaffected parts of the highlands, it was thought necessary that they should remain in the possession of the crown, because, in case of their being publicly sold, they might be purchased in trust for the families of the persons by whom they were forfeited, and thus the spirit of disaffection would still survive. A valuation, therefore, was made by the court of session in Scotland, at the joint suit of the crown and the creditors; and the value being ascertained, the just claimants were paid out of the next aids granted by parliament. The bill met with considerable opposition in the house of peers from the duke of Bedford and the earl of Bath, who probably foresaw that the good effects of this scheme, so laudable in itself, would be frustrated in the execution; and that the act, instead of answering the purposes for which it was intended, would serve only as a job to gratify the rapacious retainers to the government, and their emissaries in that country. After a warm debate, however, it was adopted by a great majority, and obtained the royal assent.
NEW CONSOLIDATION OF FUNDS.
A third law related to certain articles of the national debt, which was now converted into several joint-stocks of annuities, transferable at the bank of England, to be charged on the sinking fund. A great number of different funds for annuities, established at different times and by different acts, subsisted at this period, SO that it I was necessary to keep many different accounts, which could not be regulated without considerable trouble and expense, for the removal of which the bill was calculated.
TWO PORTS OPENED FOR THE IMPORTATION OF IRISH WOOL.
In consequence of petitions from the woollen manufacturers of Westmoreland and Yorkshire, two bills were brought in, and passed through both houses, by which the ports of Lancaster and Great Yarmouth were opened for the importation of wool and woollen yarn from Ireland; but why this privilege was not extended to all the frequented ports of the kingdom it is not easy to conceive, without supposing a little national jealousy on one hand, and a great deal of grievous restraint on the other. Over and above these new laws, some unsuccessful endeavours were used in behalf of commerce and police. A bill was offered for laying further restrictions on pawnbrokers and brokers, that they might no longer suck the blood of the poor, and act as the accessaries of theft and robbery, which was canvassed, debated, and made its way through the lower house; but the lords rejected it as a crude scheme, which they could not amend, because it was a money-bill, not cognizable by their house, without engaging in a dispute with the commons. Another bill was prepared, for giving power to change the punishment of felony, in certain cases, to confinement and hard labour in dockyards or garrisons. It was the opinion of many who wished well to their country, and were properly qualified to prosecute such inquiries, that the practice of consigning such a number of wretches to the hands of the executioner, served only, by its frequency, to defeat the purpose of the law, in robbing death of all its terror, and the public of many subjects, who might, notwithstanding their delinquency, be in some measure rendered useful to society. Such was the motive that influenced the promoters of this bill; by which it was proposed, in imitation of that economy practised in other countries, to confine felons convicted under certain circumstances to hard labour upon the public works of the kingdom. The scheme was adopted by the lower house, but rejected by the lords, who seemed apprehensive of its bringing such discredit upon his majesty's dock-yards, as would discourage persons who valued their reputation from engaging in such employment. Of still greater importance to the nation was the next measure proposed, in a bill for making the militia of England more useful, presented by Mr. Thornton, a gentleman of Yorkshire, who had distinguished himself by his loyalty and patriotism. It was canvassed in a committee of the whole house, and underwent divers amendments; but miscarried, through the aversion of the ministry to any project tending to remove or lessen the necessity of maintaining a standing army. A considerable number of petitions for different regulations, in respect to commerce and convenience of traffic, were presented, considered, and left upon the table. A remonstrance from the prisoners confined in the gaol of the king's-bench, complaining of their miserable situation, arising from want of room and other conveniences, being taken into consideration by a committee, among other evidences, they examined that remarkable personage who had signalized himself in different parts of Christendom, under the name of Theodore, king of Corsica. Though formerly countenanced and even treated as a sovereign prince by the British ministry, he was now reduced to the forlorn condition of a confined debtor; and, to the reproach of this kingdom, died in prison, surrounded with all the misery of indigence, and overwhelmed with the infirmities of old age. But the most remarkable circumstance of the parliamentary transactions that distinguished this session, was a motion made in both houses for an address to the king, beseeching his majesty, that in time of public tranquillity, he would be graciously pleased to avoid entering into subsidiary treaties with foreign princes, which are so burdensome to this nation. This extraordinary proposal was made and strenuously urged by the duke of B——, and a vehement debate ensued, in which the earls of G——, S——, and H——, opposed it with an execution of superior abilities; and the question being put, was carried in the negative without a division. The same fate attended it in the house of commons, where it was introduced by lord H——y, and supported by some distinguished orators. The session ended in the latter end of March, when his majesty, having given his assent to ninety-five public and private bills, harangued both houses, and prorogued the parliament.*
* Among the proceedings of this session, it may not be improper to mention a new act for the prevention of murders, which had been shockingly frequent of late, importing, that every criminal convicted of this horrid crime should be executed in one day after his sentence, and his body delivered to the surgeons for dissection—an expedient which had been found productive of very salutary consequences.
THE KING SETS OUT FOR HANOVER.
Immediately after the prorogation, the king appointed a regency and set out for Hanover, in order to complete the great scheme he had projected for electing a king of the Romans. Great Britain, in the meantime, produced no event of importance, or any transaction that deserves historical mention, except the ratification of two treaties of peace and commerce with the states of Tripoli and Tunis on the coast of Barbary, concluded by the British consuls in those cities, under the influence and auspices of an English squadron, commanded by commodore Keppel, son to the earl of Albemarle. The tide of luxury still flowed with an impetuous current, bearing down all the mounds of temperance and decorum; while fraud and profligacy struck out new channels, through which they eluded the restrictions of the law, and all the vigilance of civil policy. New arts of deception were invented, in order to ensnare and ruin the unwary; and some infamous practices in the way of commerce, were countenanced by persons of rank and importance in the commonwealth. A certain member of parliament was obliged to withdraw himself from his country, in consequence of a discovery, by which it appeared that he had contrived and executed schemes for destroying his own ships at sea, with a view to defraud the insurers.
In the course of this year the affairs of the continent did not undergo any material alteration. In France, the religious dispute concerning the doctrine of Jansen-ius still subsisted between the clergy and the parliament; and seemed to acquire additional fuel from the violence of the archbishop of Paris, a haughty turbulent prelate, whose pride and bigotry were sufficient to embroil one half of Christendom. The northern powers enjoyed a perfect tranquillity; the states-general of the United Provinces were engrossed by plans of national economy. Spain was intent upon extending her commerce, bringing her manufactures to perfection, and repressing the insolence of the Barbary corsairs. His Portuguese majesty endeavoured, by certain peremptory precautions, to check the exportation of gold coin from his dominions, and insisted upon inspecting the books of the British merchants settled at Lisbon; but they refused to comply with this demand, which was contrary to a treaty subsisting between the two crowns; and he thought proper to acquiesce in their refusal. He was much better employed in obtaining from the pope an abolition of the annual procession called the Auto-da-fe, one of the most horrid triumphs of spiritual tyranny. The peace of Italy was secured by a defensive treaty concluded at Madrid between the emperor, his catholic majesty, the king of the two Sicilies, and the duke of Parma; to which treaty the king of Sardinia afterwards acceded.
DISPUTE BETWEEN HANOVER AND PRUSSIA.
With respect to the great scheme of electing the archduke Joseph king of the Romans, fresh objections seemed to rise from different quarters. The good understanding between the courts of Berlin and Hanover re-received an additional shock, from a dispute concerning the property of East Friezeland, which his Prussian majesty had secured, as heir to the last possessor. His Britannic majesty, as elector of Hanover, having pretensions to the same inheritance, his minister delivered a memorial to the diet of the empire assembled at Ratisbon, demanding that the king of Prussia, as elector of Brandenburgh, should be referred to the decision of the Aulic council, in regard to his claim to the estates of East Friezeland; but the king being already in possession, refused to submit his right to the determination of that or any other tribunal; and when the diet presumed to deliberate on this affair, his envoy entered a strong protest against their proceedings. At the same time, he presented the other ministers with a memorial, tending to refute the elector of Hanover's pretensions to the principality in question.
{GEORGE II. 1727-1760}
MISUNDERSTANDING BETWEEN THE COURTS OF LONDON AND BERLIN.
At this juncture his Prussian majesty made no scruple of expressing his resentment against the court of London, which he seemed to consider as an officious cabal, that had no right to intermeddle in the affairs of Germany. His resident at London complained to the British ministry, that divers ships, sailing under the Prussian flag, had been stopped at sea, and even seized by English cruisers, and that his subjects had been ill treated and oppressed; he therefore demanded reparation in a peremptory tone; and in the meantime discontinued the payment of the Silesia loan, which he had charged himself with by an article in the treaty of Breslau. This was a sum of money amounting to two hundred and fifty thousand pounds, which the emperor Charles VI., father of the reigning empress, had borrowed of the subjects of Great Britain, on condition of paying an interest of six per cent., and mortgaging the silver mines of Silesia for the repayment of the principal. These devolved to the king of Prussia with this incumbrance, and he continued to pay the interest punctually till this juncture, when the payment was stopped; and he published a paper, entitled, "An Exposition of the Motives which influenced his Conduct on this occasion." In his memorial to the ministry of Great Britain, he alleged, that eighteen Prussian ships, and thirty-three neutral vessels, in which the subjects of Prussia were concerned, had been unjustly seized by English privateers; his account of damages amounted to a very considerable sum; and he demanded, in the most dogmatic terms, that the affair should be finally discussed in the term of three months from the date of his remonstrance. The exposition and memorial were subjected to the examination of the ablest civilians in England, who refuted every article of the charge with equal precision and perspicuity. They proved, that captures by sea fell properly under the cognizance of those powers under whose jurisdiction the seizures were made; and therefore his Prussian majesty could not, consistent with the law of nations, determine these disputes in his own tribunals. They demonstrated, by undoubted evidence, the falsity of ma-ny facts alleged in the memorial, as well as the fairness of the proceedings by which some few of the Prussian vessels had been condemned; and made it appear, that no insult or injury had been offered to the subjects of Prussia. Finally, they observed, that the Silesia loan was a private transaction of such a nature, that, even if a war had happened between the emperor Charles VI. and his Britannic majesty, this must have been held sacred and inviolable; that when the empress-queen ceded Silesia to the king of Prussia, this monarch charged himself with the repayment of the loan, which, being a private debt, and transferable, was now diffused into different countries, and become the property of many others besides the subjects of Great Britain. They wound up their chain of reasoning by observing, that, according to agreement with the emperor, the whole of this loan should have been repaid in the year one thousand seven hundred and forty-five; whereas the complaints specified in the Prussian memorial were founded on facts posterior to that period. Whether his Prussian majesty was convinced by these reasons, and desisted from principle, or thought proper to give up his claim upon other political considerations; certain it is, he no longer insisted upon satisfaction, but ordered the payment of the Silesia loan to be continued without further interruption. A report, indeed, was circulated, that advantage had been taken of the demur by a certain prince, who employed his agents to buy up a great part of the loan at a considerable discount.
IMPROVEMENT OF POMERANIA.
How much soever the king of Prussia may be the subject of censure on this occasion, it must be allowed that, with regard to his own subjects, he acted as a wise legislator, and the father of his country. He peopled the deserts of Pomerania, by encouraging, with royal bounties, a great number of industrious emigrants to settle in that province; the face of which in a very few years underwent the most agreeable alteration. Above sixty new villages arose amidst a barren waste, and every part of the country exhibited marks of successful cultivation. Those solitary and desolate plains, where no human footsteps had for many ages been seen, were now converted into fields of corn. The farms were regularly parcelled out; the houses multiplied, and teemed with population; the happy peasants, sheltered in a peculiar manner under their king's protection, sowed their grounds in peace, and reaped their harvests in security. The same care and indulgence were extended to the unpeopled parts of other provinces within the Prussian dominions, and extraordinary encouragement was granted to all French protestants who should come and settle under the government of this political sage.
TREATY WITH THE ELECTOR PALATINE.
The courts of Vienna and Hanover still employed their chief attention upon the scheme of electing a king of the Romans; and the elector of Mentz, influenced by the majority of the college, had convoked an electoral diet for that purpose; but strong protests against this convocation were entered by the electors of Cologn and Palatine, insomuch that it was thought expedient to conciliate this last, by taking some steps in his favour, with respect to the satisfaction he demanded from the empress-queen and his Britannic majesty. His claim upon the court of Vienna amounted to three millions of florins, by way of indemnification for the losses he had sustained during the war. He demanded of the king of England twenty thousand pounds sterling, for provisions and forage furnished to the British troops while they acted on the Maine; and the like sum for the like purposes from the states-general of the United Provinces. The empress-queen could not help remonstrating against this demand as exorbitant in itself, and the more unreasonable, as the elector palatine, at the death of her father, had openly declared against the pragmatic sanction, which he had guaranteed in the most solemn manner; she therefore observed, that the damage he had sustained in consequence of that declaration, ought to be considered as the common fate of war. These reasons, though conclusive and irrefragable in the usual way of arguing, made no impression upon the palatine, who perfectly well understood his own importance, and was determined to seize this opportunity of turning it to the best advantage. The court of Vienna, and the maritime powers, finding him thus obstinately attached to his own interest, resolved to bring him over to their views at any rate, and commenced a negotiation with him, which produced a formal treaty. By this convention his demands in money were fixed at twelve hundred thousand Dutch florins, to be paid at three instalments: five hundred thousand by the empress-queen, and the remaining seven hundred thousand by the king of Great Britain and the states-general, according to the proportion established in former treaties. The privilege of Non appellendo for the duchy of Deux-ponts was confirmed to his electoral highness, together with some other rights and pretensions, in consideration of his concurring with the other electors in the choice of a king of the Romans, to be elected according to the customs prescribed by the laws and constitutions of the empire. He likewise engaged to join them in settling the articles of the capitulation with the king of the Romans, emperor in futuro. Yet, even after the concurrence of this prince was secured, the purposed election proved abortive, from the strong objections that were started, and the strenuous opposition which was made by his Prussian majesty, who perhaps aspired in secret at the imperial dignity, which the empress-queen took all this pains to perpetuate in her own family.
{1753}
SESSION OPENED.
The king of Great Britain returning from the continent, opened the session of parliament on the eleventh day of January, with a speech, implying that all his views and negotiations had been calculated and directed to preserve and secure the duration of the general peace, so agreeable and necessary to the welfare of all Europe; that he had the satisfaction to be assured of a good disposition in all the powers that were his allies, to adhere to the same salutary object. He exhorted them to continue their attention to the reduction of the national debt, the augmentation of the sinking fund, and the improvement of the public revenue. He recommended to their serious consideration what further laws and regulations might be necessary for suppressing those crimes and disorders, of which the public had so justly complained; and concluded with an assurance, that his hearty concurrence and endeavours should never be wanting in any measure that might promote their welfare and prosperity. The addresses in answer to this speech were couched in the usual form of implicit approbation; but that of the commons did not pass without question. The earl of Egmont took exceptions to one paragraph, in which they acknowledged his majesty's wisdom, as well as goodness, in pursuing such measures as must contribute to maintain and render permanent the general tranquillity of Europe; and declared their satisfaction at the assurances his majesty had received from his allies, that they were all attached to the same salutary object. His lordship expatiated on the absurdity of these compliments at such a juncture, when the peace of Europe was so precarious, and the English nation had so much cause of complaint and dissatisfaction. He was seconded by some other individuals, who declaimed with great vivacity against continental connexions; and endeavoured to expose the weakness and folly of the whole system of foreign measures which our ministry had lately pursued. It must be owned, indeed, that they might have chosen a better opportunity to compliment their sovereign on the permanency of the peace than at this juncture, when they must have seen themselves on the very brink of a new rupture with the most formidable power in Europe. But the truth is, these addresses to the throne had been long considered as compliments of course, implying no more than a respectful attachment to their sovereign; accordingly, both houses agreed to their respective addresses without division. The two grand committees of supply and of ways and means, being established, the business of the house was transacted without much altercation; and the people had great reason to be satisfied with their moderate proceedings. Ten thousand seamen, and the usual number of land forces, were retained for the service of the ensuing year. They provided for the maintenance of the new colony of Nova Scotia, the civil establishment of Georgia, the support of the castles on the coast of Guinea, and the erection of a new fort at Anarnabo, where the French had attempted to make a settlement; and they enabled his majesty to fulfil his engagements with the king of Poland and the elector of Bavaria.
The supplies, including grants for former deficiencies and services for which no provision had been made in the course of the last year, did not exceed two millions one hundred and thirty-two thousand seven hundred and seven pounds, seventeen shillings and twopence halfpenny. In order to defray which expense, they assigned the duty on malt, &c, the land-tax at two shillings in the pound, the surplus of certain funds in the exchequer, and the sum of four hundred and twenty thousand pounds out of the sinking fund; so that the exceedings amounted to near three hundred thousand pounds.*
* Several duties on salt, as well as on red and white herrings delivered out for home consumption, were rendered perpetual, though subject to be redeemed by parliament; and it was provided that the debt contracted upon these duties being discharged, all the after-produce of them should become part of the sinking fund.
As for the national debt, it now stood at the enormous sum of seventy-four millions three hundred and sixty-eight thousand four hundred and fifty-one pounds, fifteen shillings and one penny; and the sinking fund produced one million seven hundred and thirty-five thousand five hundred and twenty-nine pounds, six shillings and tenpence one farthing.
GAME ACT.
One of the first measures brought upon the carpet in the course of this session, was an act containing regulations for the better preservation of the game, of which so great havoc had been made by poachers, and other persons unqualified to enjoy that diversion, that the total extirpation of it was apprehended.
ACT FOR PERFORMING QUARANTINE.
The next step taken by the commons was an affair of much greater consequence to the community, being a bill for obliging ships the more effectually to perform quarantine, in order to prevent the plague from being imported from foreign countries into Great Britain. For this purpose it was ordained, that if this dreadful visitation should appear in any ship to the northward of cape Finisterre, the master or commander should immediately proceed to the harbour of New Grimsby, in one of the islands of Scilly, and there communicate the discovery to some officer of the customs; who should, with the first opportunity, transmit this intelligence to another custom-house officer in the nearest port of England, to be by him forwarded to one of his majesty's principal secretaries of state. In the meantime the ship should remain at the said island, and not an individual presume to go ashore until his majesty's pleasure should be known. It was also provided, that in case the master of a ship thus infected should not be able to make the islands of Scilly, or be forced up either channel by violent winds, he should not enter any frequented harbour; but remain in some open road, until he could receive orders from his majesty, or the privy council; that, during this interval, he should avoid all intercourse with the shore, or any person or vessel whatsoever, on pain of being deemed guilty of felony, and suffering death without benefit of clergy.
ACT FOR PREVENTING THE PLUNDERING OF SHIPWRECKED VESSELS.
In order the more effectually to repress the barbarous practice of plundering ships which have the misfortune to suffer shipwreck—a practice which prevailed upon many different parts of the British coast—to the disgrace of the nation, and the scandal of human nature; a bill was prepared, containing clauses to enforce the laws against such savage delinquents, who prowl along the shore like hungry wolves, in hope of preying upon their fellow-creatures; and certain provisions for the relief of the unhappy sufferers.*
* By the new law, the clerk of the peace in the county where the crime shall be committed, is obliged, upon receiving proper information, to prosecute the offenders at the expense of the county. It was likewise proposed, that in case no prosecution of this nature should be commenced within a certain limited time after the information should have been legally given, in that case the county might be sued by the person who had sustained the damage, and obliged to indemnify him for his loss; but this clause was rejected by the majority; and the bill having made its way through both houses, received the royal assent.
When the mutiny bill fell under deliberation, the earl of Egmont proposed a new clause for empowering and requiring regimental courts-martial to examine witnesses upon oath in all their trials. The proposal occasioned a debate, in which the ministry were pretty equally divided; but the clause was disapproved by the majority, and this annual bill was enacted into a law without any alteration.
BILL RELATING TO THE BOUNTY OF CORN EXPORTED.
The next bill was framed in consequence of dirers petitions presented by the exporters of corn, who complained that the bounties were not paid, and prayed that the house would make proper provision for that purpose. A bill was accordingly brought in, importing, that interest after the rate of three per cent, should be allowed upon every debenture, for the bounty on the exportation of com, payable by the receiver-general or cashier of the customs, until the principal could be discharged out of such customs or duties as are appropriated for the payment of this bounty. This premium on the exportation of corn ought not to be granted, except when the lowness of the market price in Great Britain proves that there is a superabundance in the kingdom; otherwise the exporter will find his account in depriving our own labourers of their bread, in order to supply our rivals at an easier rate; for example, suppose wheat in England should sell for twenty shillings a quarter, the merchant might export into France, and afford it to the people of that kingdom for eighteen shillings, because the bounty on exportation would, even at that rate, afford him a considerable advantage. |
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