leaft impropriety or disassection to government. They canvafied its measures with unreferve; but were Aeadily attached to the conftitution itlelf; which indeed had fo little to apprehend from these focieties, that it was chiefly among them the warmeft fupporters of it were found. The reform of parliament had long been their principal object. Motives of prudence and moderation had, in the present tempestuous season, fufpended their efforts to accomplish it; but they would certainly pursue their determinations on that point at a more aufpicious period,

Such was the purport of the remarkable speech made by Mr. Lambton, on this occafion. It was anfwered by the attorney-general, who folemnly declared, that he was induced by no other motive than conviction of its propriety, to fupport the continuance of the fufpenfion-act. It was with grief, he faid, that he had heard the arguments of fo able a speaker as the last, in oppofition to it, as they seemed calculated to encourage perfons illaffected. It was not, he faid, the guilt of particular individuals that was now under examination: it was the existence of a confpiracy of which parliament was clearly competent to decide the reality, whatever might have been the opinion of a court of justice. The accused had indeed been pronounced not guilty: but that did not impose tilence on the fupreme court of the nation; which, without interfering with judicial authority, had ftill a right to retain its own opinions. Who could deny the prepoffeffion of the focieties in favour of the French and of French principles, as well as that of the writings of Payne, Barlow,

Macintosh, Mrs. Wolftencroft, Mr. Chriftie, and other champions of the revolution? Was it not incumbent en perfons in power to guard against the diffemination of fuch dangerous doctrines? ? From the conduct of those who formed the convention in Scotland, it fully appeared, that the focieties, and their abettors, had no intention to apply to parliament for those alterations they required; they had determined, it was plain, to depend solely on their own energy.

Mr. Jekyll contended for the propriety of conduct in the fo cieties, in commiffioning their a gents to infift on a reform in parliament, which would never, of its own accord, undertake a task, fo irksome to most of its components. No punishment, it had been faid, was inflicted, by holding perfons in cuftody, as if their very de tention were not a fufficient punish ment. He warmly reprobated the unqualified manner in which the perfons acquitted at the late trials had been stigmatized in the house. The fufpenfion-act, he infinuated, was gliding into an annual motion, and unless arrested in its progrefs, would be, at last, confidered as a standing rule for every feffion. He refolutely expofed the ignominious employment of fpies, wherever they could be intruded on any part of fociety. He read, in proof of what he afferted, a letter, defcribing the artifice and bribery that had been ufed, in order to prevail upon a certain perfon to become a fpy.

Mr. Curwen, and Mr. Francis, zealoufly opposed the fufpenfionact: Mr. Francis particularly expofed the inconfiftency of preferring

A

In order to prove that a conspiracy might be real, and yet no proofs of it be produced, the folicitor-general alleged the wellknown cafe of captain Porteous, during the reign of George II. not one of the agents in which was ever discovered, though the tranfaction itself happened in the midst of a large and populous city. In the fame manner, though proofs had not been yet brought home to the prefent confpirators, yet the reality of there being fuch in the kingdom, was strongly in the perfuafion of a majority of the legislature, which, of itself, was a valid reason for continuing the act of fufpenfion.

The authenticity of the proofs, adduced to afcertain the existence of a confpiracy, was infifted upon, in a long and laborious argument, by Mr. Hardinge, who was replied to, in one no less elaborate, by Mr. Erskine, who objected to the intricacy and obsurity of his reasoning. A confpiracy, he allowed, might exist, and the confpirators not be known or convicted; but this was not the cafe in agitation. The confpiracy, now in question, was specifically to assemble a convention, independently of government: papers of various kinds had been brought forward to substantiate it; the authors of which were afcertained: but had these papers been treasonable, how could their authors avoided conviction? these papers, VOL. XXXVII.

therefore, contained no treason, and the acquittal of their authors proved that they were not engaged in a treasonable conspiracy. This pretence, of course, fell to the ground, and could not, consequently, warrant the continuance of the suspenfion-act. A traitorous spirit was attributed to these papers, and a defign to degrade and vilify the national reprefentation; but to complain of the misconduct of parliamentary men was not treason. The best answer to the complaints of the public would be to listen to them, and correct those errors and flaws in their conduct that had given occafion for difcontent. "Was it a time, said Mr. Erskine, to treat the people with feverity, and repeal their most essential privileges, when the very existence of government depended on their affections?" Minifters, ought, he added, to take warning from what had happened in the low countries; the people there had loudly demanded the reftitution of their ancient rights and immunities, as the people in England now did a reform in parliament; but they were treated with neglect and scorn by the Auftrian government. What, in the issue, was the refult of this contempt and haughtiness? as foon as the French carried their victorious arms into that country, the power of Austria fell before them; the people flocked to their standard, and preferred fubmiffion to a foreign conqueror, to the flavish subjection required of them, by a family defcended from their ancient fovereigns. The history of Holland spoke the fame language; and that of America held up a precedent of which a British miniftry ought, on the present occafion, to be earnestly re[M] minded.

Mr. ferjeant Adair maintained the reality of a conspiracy, from the constant language and transactions of the popular societies: though, possibly, not yet guilty of treason, they bordered upon it; and government acted wisely in taking timely alarm, and obviating evils, which, if left unchecked, would rapidly have become irrefistible. It was through the seasonable interpofition of government, that the enemies of the state were still so weak in number, and so infignificant in character.

The principle of punishment upon fufpicion was reprobated, by Mr. Fox, as incompatible with the law, and with the fpirit, of the English constitution: it was the principle of all the tyrannical governments in existence. The suspenfion of the habeas corpus had only that treason in view which was clearly defined by the statute of Edward III. but, if constructive treason were once admitted, any species of mifdemeanour might come under that interpretation. So strong and positive had been the acquittal of the perfons lately tried, that government was completely deterred from farther prosecutions. It was asserted, by the supporters of ministry, that the reasonings of oposition, against the suspension, were few, in comparison of those + militated for its propriety; of few, faid Mr. Fox, they pposite to the cafe; they were I upon law, the best of all

reasons. He denied the disaffection imputed to the opposers of ministerial measures : to these, he allowed, there were multitudes of enemies; but these the truest friends to the constitution, and to the means of its duration; the most efficient of which means, was to treat the people with lenity, and to restore to them that safeguard of their constitutional freedom, the habeas, of which they were so causelefly deprived. Discontents would always exist; but that was no argument for wrath and resentment at a whole community. The loyalty of the people at large was unquestionable; they had hitherto submitted to the executive power, without the leaft shadow of resistance; their defire of a reform in the representation was well founded, and ought to meet with compliance, before difcontents tose to an alarming degree. Parliament, though elevated to the fupreme authority of legiflation, should remember who exalted them, and confult at once the interests and the wishes of their constituents. When opinions became general in a nation, its rulers should act conformably to them; as it could not reasonably be supposed, that the body of an immense people were not able to judge for themselves fo well as those whom they deputed and authorised to act for them, merely to prevent turbulence and confufion. It were a happy circumstance for nations, if their rulers would more frequently condescend to receive impressions from them: had not the British government unfortunately disdained fuch impreffions, Britain and America would, at this hour, be but one people. Inauspiciously for states, these impreffions were usually felt

too

too late; and when the retrospect of paft errors forced them upon minifters and their followers, but then they ferved only to fill them with repentance at their haughtiness and folly. Till then they persisted in korning to place any advice on a level with their own counsels, and in giving these an exclufive preference, not only to the admonitions of all other men, but to the experience enforced upon them, by the difafters arifing from their own obftinacy.

In fupport of the fufpenfion, it was argued, by Mr. Pitt, that it was a conftitutional remedy, the application of which had always proved effectual in cases similar to the present; it was prudent, therefore, to apply it before the evils apprehended became incurable: prevention was proverbially preferab'e to cure. Through the measure proposed, the revolution that feated William on the throne was confirmed, and the acceffion of the house of Brunswick fecured. The times required that a difcretionary power should be lodged in government, and that a speedy execution of meafures should follow the determinations that circumstances pointed out as indispensible. Were legal proofs of inimical designs to be waited for, they might be carried into execution with the most fatal facility, as they would then be only known by being executed. It were nugatory to deny the existence of hoftile projects to the constitution; allowing that nothing had been ftrictly proved, all nevertheless was fuspected that had been alleged against the parties accused. It would, therefore, be unpardonable in government to remain inactive in the midst of fo much danger.

This was the greater, for the industry and art with which it had been kept out of the reach of legal proof; for that was the utmost that could be affirmed of the conspiracy alluded to; in every other refpect it was evident and notorious. Those who were parties, those who were privy to it, did not, in general, feem in the least anxious to conceal the plans they had in contemplation: they did not directly avow them, but their hints and infinuations were easily comprehended, and left no room to doubt of their intentions.

The actual neceffity of the fufpenfion-act was denied, by Mr. Gray, on the ground that no precedent could be cited of its being put in force, unless in cafes of manifest and pressing danger to the ftate, or to the perfon of the fovereign. Neither of these could now be faid, with any propriety, to be exposed either to public or private machinations, worthy of the leaft attention. To pretend apprehenfions, while none were entertained, was a deception which could not be practifed upon the public, without weakening its confidence and attachment: the prefervation of which depended on the openness and candour of its rulers, but would irrecoverably be loft, whenever so unwarrantable an impofition was detected. The fufpenfion-act was justified, it was faid, by the neceffity of guarding against jacobinifm; but how could the feizure and imprisonment of individuals prevent the propagation of their principles? experience, in all ages and countries, had invariably proved, that harsh treatment had always a contrary effect. Public murmurs were not to be filenced by such means; the discon[M2]

tents of nations were not produced by the writings of man, but by the bad conduct of governments. While these acted irreproachably, they might safely bid defiance to calumnies and mifrepresentations.

The debate continued till three in the morning, when the bill for the fufpenfion was carried by two hundred and three votes against fifty-three.

In the house of lords, much the same arguments were used for and

against the bill. The fpeakers in its fupport were lords Grenville, Carlifle, Warwick, Hawkesbury, Spencer, Sydney, Aukland, Hay, and the chancellor, with the dukes of Leeds and Portland. Its oppofers were the dukes of Norfolk and Bedford, the marquis of Lansdowne, and the earls of Lauderdale and Guildford, who, on the bill's paffing, entered a protest against it, conceived in the strongest and moft animated terms.

CHAP