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the people was applied, in a way that must subject them to new and extraordinary burthens. That the public money was thus applied, is evident. That the constitution was infringed, is equally so. But the right hon. gentleman will tell us, that, granting our principle to be a fundamental principle of the constitution, there yet is an exception to that, as well as to all general rules. He, indeed, has told us, that the sum advanced to the Emperor was advanced under circumstances, and at a time when it was necessary that the exception should be adopted. Thus he takes the exception, and argues from the necessity of the case. We might, in the same way, at once, give an unlimited vote of credit to ministers. Perhaps the right hon. gentleman will next tell us, that any account of the disbursement of the army extraordinaries might thus be avoided. So it might. There was, however, a time when the right hon. gentleman would have called such an exception as he has this night adopted, paltry; a time when he was an enthusiast in the cause of liberty, an economist, and a reformer. In the year 1782 this circumstance of extraordinaries would, by the right hon. gentleman, have been spoken of and reprobated as an evil which could not be too jealously watched, as an infringement ever to be resisted, as a principle that could not be too severely reprobated. These avowedly were then his sentiments of that species of ministerial chicanery; insomuch, that immediately after he was made minister, the House was called upon, by a speech from the throne, to watch with jealousy, and repel with dignity, every such attempt to dilapidate and infringe the constitution. Much apprehension had arisen, from the fear of an invasion; but he would venture to say, that no invasion or attack that could take place, would go so decidedly to the destruction of all that was valuable, as such a power lodged in the hands of ministers. Viewing the subject in this light, he thought it his duty to oppose, or at least suspend the supplies. It was asked, Were the supplies to be suspended; the supplies, the possession of which would afford to government so much weight and vigour? He would answer, yes; and he was sure we should not negociate less favourably if the French saw that the House was determined to maintain its rights. The firmness with which they asserted their own dignity, would be [VOL. XXXII.]

a pledge of the spirit with which they would resent the insults of the enemy. Assuming that exalted situation on which a free people ought to stand, they would negociate more advantageously with a free people; a people that he hoped would remain free; a people whom the right hon. gentleman considered capable of maintaining the relations of peace and amity, who had "snorted away the indigested fumes of the blood of their sovereign," and with whom the right hon. gentleman deigned to negociate. But, in reality, the proposition did not go to negative the supplies: it was only intended to suspend them till the wound given to the constitution was made whole. He therefore would move an amendment, "That the second reading be put off till to-morrow;" and if the House agreed, he would to-morrow move the House to resolve, that in making these advances without the consent of parliament, the minister had been guilty of a high crime and misdemeanor.

Mr. Wilberforce said, he was averse to postponing the passing of the resolutions, even till to-morrow, on the score of propriety and policy, but more particularly when he recollected the essential difference there was in the manner in which the business appeared to gentlemen yesterday and to-day, and the great difference that might possibly take place in their opinions before to-morrow; for he could not conceive that the question which had been suggested, had any thing at all to do with the business of supply. The chancellor of the exchequer had by no means left the matter of the subsidy to the Emperor to repose: on the contrary, he had, in his speech of yesterday, mentioned the matter as a necessary part of the financial statement; and that he did not rest his justification of the measure there, but would reserve it for future discussion. On an attentive perusal of the vote of credit, it would be found to convey an impression that ministers were authorized in employing the whole, or any part of the sum provided by it, in such manner as the exigencies of the state might require. Upon this, then, a question arose, whether the mode in which ministers had applied the money was or was not necessary to the success of the cause in which the nation was embarked. If there was no necessity for applying the money in the way in which it had been advanced, he would be found not among the last to censure the conduct of ministers. But [4 N]

every one disposed to determine impar tially, must recollect the peculiar circumstances attending the time in which it was advanced; the state of public credit, and the state of our allies; and, striking a just balance between the caution to be observed with the one, and the attention due to the necessities of the other, make a just allowance for the difficulties under which ministers were obliged to act, and decide, if not with liberality, at least with justice. The question was how far his right hon. friend had acted right? And in this the event justified him. It appeared from the manner in which the money was issued, and the disproportion the whole of it bore to the sum originally intended, that he was swayed by motives of caution, and a consideration of the necessity, to accommodate himself to the circumstances of the times. The effect his conduct had produced was obvious to every man. Who was there acquainted with commercial affairs, who would not say that the state of public credit was much worse then than it is at present? Every symptom of weakness at such a crisis would have been dangerous. For his own part, he considered the measure not merely justifiable, but deserving of praise instead of censure.

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Mr. Yorke thought the present question the most important of any he had ever heard discussed. If ever there was a time since the Revolution, when partial affections and party interests ought to be abandoned, the present was that time. The question before the House was merely, whether the resolutions of the committee of ways and means should be agreed to by the House; for the assistance given to the Emperor was out of a sum of money granted by a vote of credit to defray any extraordinary expenses of the army that might accrue; and as the extraordinaries of the army were not yet voted, it was consequently a separate consideration: yet an hon. gentleman had proposed to negative this question, on the principle that the money granted by the vote of credit in a former year was misapplied, and thereby to postpone the supplies necessary for the service of the present year. Such a delay in the provision of the supplies might be of dangerous consequence; for gentlemen were to recollect, that we were still involved in a dangerous war, and were at the most critical period of the most critical negotiation. With respect to the application of the money

granted by the vote of credit, he knew no law nor precedent why a part of it should not be sent to the Emperor, any more than to St. Domingo or Toulon; if the exigency of the case required. The question, then to be considered was, whether the exigency of the circumstances required it, and upon that he entertained no doubt whatever. Although he did not wish to have the resolutions postponed, he certainly hoped the hon. gentleman would bring forward his specific accusation, that the House might determine as speedily as possible whether the minister was justifiable in his application of the vote of credit. It appeared to him that he was justifiable, and that instead of reprobation, he deserved commendation, and might exclaim, in the spirit of what Scipio said to the Romans, "I have spent 1,200,000l., but I have saved Germany."

Mr. Harrison maintained, that to apply money without the consent of parliament, as it had been applied in this instance, was a high misdemeanor, and deserving the reprehension of that House-and the more so, as it was part of the system of the minister to take away all the power of the House of Commons, and to vest it in the hands of the executive government.

Mr. Curwen said:-The question we have now before us is, in my opinion, the most important that has ever been discussed within these walls. It is not that 1,200,000l. have been given to the Emperor. The real question for the House to decide is, whether we will suffer the most important principle of the constitution to be violated with impunity, the indisputable right of the Commons to the guardianship of the public purse. Much as it is our duty to provide for the security of the country against foreign enemies, it is yet more important to preserve the constitution. On the vote this night depends the value of the stake we have to contend for, and the future importance of this branch of the legislature. No one will controvert the sole right of the Commons to dispose of the public money; and yet the right hon. gentleman has dared to do it. If the necessity of the times called for such a measure in the absence of parliament, could any thing justify the delay of a moment as soon as the House was met to come for indemnity? The plea of necessity is totally inadmissible. if we suffer this to pass, I should consider

the constitution as destroyed, the dignity and importance of the Commons as gone, and every claim to respect forfeited. I trust the House will by the vote this night, teach the right hon. gentleman that the season is not yet arrived, when with impunity he may trample upon the Commons of Great Britain.

The Master of the Rolls could not well say, whether he had ever assisted at a debate on a subject so delicate and important as that which was then before the House. In the opinions of some, it ought to supersede the discussion of every other subject, even that of voting the supplies; while others seemed to require that ministers should have come down to the House for an act of indemnity, to screen them from the consequences of the unconstitutional measure with which they are accused. To neither of these opinions did he incline; nor did the present question call on him to pronounce on these points. In general, he thought the second thoughts of the gentlemen opposite much better than their first; but on this occasion, he must regard their first thoughts as preferable to their second. On the preceding night, among all the arguments they had adduced, none were pointed to the subject at that moment in agitation; neither could he conceive what had put it in their heads to stir the question they had now started: ministers were as criminal on the preceding night as at that moment; but even supposing them thus guilty, could not gentlemen permit the present business to go on one stage more, without supposing themselves precluded from bringing forward at a future period the investigation they were so eager to institute? Abundant opportunities would offer of bringing it before the House; and if it was of that importance it was said to be, ought it not to be brought forward directly and distinctly, and not collaterally, and involved in a business with which it had no connexion? At present he was not prepared to decide on the question, whether the conduct of the minister should be imputed to him as a crime or not. It was not the question that now awaited the decision of the House, and he wished no gentleman would answer what might be farther offered on the occasion; for his part, he was not obliged to stay, nor would he permit himself to be convinced by the arguments that were urged on the other side.

Mr. W. Smith said, that the question

for the House to decide on was, whether the question of his right hon. friend was of sufficient importance to induce the House to dismiss the reading of the resolutions, and give that the preference? If it was, he thought the House could not consider the motion for delay unnecessary.

Lord Hawkesbury wished the charge to be brought forward directly; but let it be brought forward when it would, it did not prevent the House from voting the supplies that evening, because the money sent to the emperor was not included in the question of the resolutions, nor was the House pledging itself at a future time to justify that expenditure. All must agree that the supplies ought not, at this particular crisis, to be stopped unneces sarily for a single moment; and as the question alluded to could be brought for.. ward as well to-morrow, no injury could arise from delay.

The question being put that the word. "now" stand part of the question, the House divided:

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The King's Message respecting a Declaration of War by Spain.] Mr. Secretary Dundas presented the following Message from his Majesty: "George R.

"His Majesty is concerned to acquaint the House of Commons, that his endeavours to preserve peace with Spain, and to adjust all matters in discus-ion with that court, by an amicable negotiation, have been rendered ineffectual, by an abrupt and unprovoked declaration of war on the part of the Catholic king.

"His Majesty at the same time that he sincerely laments this addition to the calamities of war, already extending over so great a part of Europe, has the satisfaction to reflect, that nothing has been omitted on his part, which could contribute to the maintenance of peace, on grounds consistent with the honour of his crown, and the interests of his dominions.

"And he trusts, that, under the protection of Divine Providence, the firmness and wisdom of his parliament will enable him effectually to repel this unprovoked aggression, and to afford to all Europe,

an additional proof of the spirit and resources of the British nation. G. R."

Declaration of War by Spain.] Mr. Secretary Dundas also presented, by his Majesty's command, the following

DECLARATION Of War by the Court of Madrid against Great Britain. Dated, Palace of St. Lawrence, October 5, 1796.

May 1793. Since peace was concluded with the French republic, I have not only had the best grounded motives to suppose England harboured an intention to attack my Ameriinjuries, which have confirmed to me the recan possessions, but I have received direct solution formed by that ministry, to oblige me to adopt a part contrary to the good of humanity, torn to pieces by the bloody war which is annihilating Europe, and contrary to the sincere desire I have manifested on reOne of the principal motives which deter- peated occasions to put an end to it, by means mined me to make peace with the French of peace, proposing my good offices to accerepublic, as soon as its government began to lerate its conclusion. England has in fact take a regular and solid form, was the con- showed openly her views against my domiduct which England had observed towards me nions, by the great expeditions and armaduring the whole course of the war, and the ments sent to the West Indies, destined in just distrust which the experience of her ill part against St. Domingo, in order to impede faith ought to occasion on my part for the its delivery to France, as is evident from the future. This ill faith became manifest in the proclamations of the English generals in that most critical moment of the first campaign, island, by the establishment of trading comfrom the manner in which admiral lord panies in North America, on the banks of the Hood treated my fleet at Toulon, where he river Misouri, with an intention to penetrate attended to nothing but the destruction of through those regions to the South Sea; and what he could not carry away with him, and lastly, by the conquest she has just made on from his presently after taking possession of the continent of South America, of the coCorsica; which expedition that admiral con-lony and river of Demerari, belonging to the cealed with the greatest care from Don Juan de Langara, when they were together at Toulon. The English ministry afterwards confirmed the same, from their silence in all their negotiations with other powers, especially by the treaty which was signed, the 19th November 1794, with the United States of America, without any respect or consideration for my rights, which were well known to them: I noticed also that ill faith in their repugnance to adopt the plans and ideas which might accelerate the conclusion of the war, and in the vague answer lord Grenville gave to my ambassador, the marquis Del Campo, when he applied for succours to continue it: I was finally confirmed in that opinion, by the injustice with which they appropriated to themselves the valuable cargo of the Spanish re-captured ship, St. Jago or Achilles, which they ought to have restored, according to the agreement between my first secretary of state, and of the Despacho the prince de la Paz and lord St. Helens, his Britannic majesty's ambassador, and by the de tention of the naval stores coming for the use of my arsenals, on board Dutch vessels, the forwarding of which was delayed under fresh pretexts and difficulties. Lastly, I had no doubt left of the ill faith in the conduct of England, from the frequent arrival of English vessels on the coast of Peru and Chili, to carry on a contraband trade, and reconnoitre those coasts, under the pretext of the whale fishery, a privilege they claimed by the Nootka Convention. Such were the proceedings of the English ministry to prove the friendship, good understanding, and strict confidence which they had offered to observe with Spain, in all the operations of the war, by virtue of the convention of the 25th of +

Dutch, which advantageous situation puts her in the way to occupy other important points: but her views have been still more hostilely and more clearly shown, by her repeated insults to my flag, and by the violence committed in the Mediterranean, by her ships of war, in taking out of different Spanish vessels, the recruits for my armies, who were coming from Genoa to Barcelona; by the acts of piracy and vexation, by which the Corsican privateers, protected by the English government in the island, destroy the Spanish trade in the Mediterranean, even within the bays of the coast of Cataluna, and by the detention of several Spanish vessels laden with Spanish property, which have been carried into the English ports, under frivolous pretexts, especially by the embargo of the rich cargo of the Spanish ship Minerva, executed with outrage to the Spanish flag, and still detained in spite of the most authentic documents, showing the said cargo to be Spanish property, having been presented in the proper court: the offence has not been less grievous, which has been offered to the character of my ambassador Don Simon de las Casas, by one of the courts of law in London, which ordered him to be arrested on the ground of a demand made by a master of a vessel, for a very small sum of money and lastly, it has been no longer possible to tolerate the enormous violations of the Spanish territory on the coasts of Alicant and Galicia, committed by the brigs of the English navy, the Cameleon and Kangurroo; and that which took place at the island of Trinidad, was still more scandalous and insolent, when captain Vaughan, commander of the Alarm frigate, landed with colours flying and drums beating, at the head of his whole ship's company, armed to attack

plaint between independent governments, or to any of those motives which can alone create the painful duty of an appeal to arms.

the French, and revenge injuries, which he said he had received, thus disturbing, by a proceeding so offensive to my sovereignty, the tranquillity of the inhabitants of that island. By such reiterated and unheard-of insults, that ambitious nation has repeated to the world, the examples of her knowing no other law than that of the aggrandizement of her trade, by means of an universal despotism by sea. She has gone beyond the bounds of my moderation and forbearance, and obliges me, in order to support the honour of my crown, and to attend to the protectionquiry was necessary, and to cause justice to I owe my subjects, to declare war against the king of England, his kingdoms and subjects, and to command that such corresponding orders be sent to all parts of my dominions, as may be best calculated for the defence of my beloved subjects, and for the annoyance of the enemy.

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The open and undisguised aggressions of Spain, the violences committed against the persons and properties of his majesty's subjects, and the unprovoked declaration of war on the part of that power, have at length obliged his majesty to take the necessary measures for repelling force by force, and for vindicating the dignity of his crown, and the rights and interests of his people.

At the moment of adopting these measures his majesty thinks it due to himself to remove every shade of doubt which could be thrown on the indisputable justice of his cause; and it will be easily proved, from the very reasons adduced by the court of Madrid in support of its declaration of war, that all the calamities, which may ensue from it, are solely to be attributed to the conduct of his enemies

A simple reference to that declaration, and a bare enumeration of the vague and frivolous charges which it contains, would indeed be sufficient to satisfy all reasonable and impartial minds, that no part of the conduct of Great Britain towards Spain has afforded the smallest ground of complaint, much less any motive sufficiently powerful for adding to the present calamities of Europe all the evils of a new and complicated war.

The only difficulty of a more detailed reply, arises not from the strength and importance of the complaints alleged, but from their weakness and futility, from the confused and unintelligible shape in which they are brought forward, and from the impossibility of refering them to any established principle or rule of justice, to any usual form or topic of com

The acts of hostility, attributed to his majesty in the manifesto of Spain, consist either of matters perfectly innocent and indifferent in their nature, or of imputed opinions and intentions, of which no proof is adduced, nor any effect alleged; or lastly, of complaints of the misconduct of unauthorized individuals, respecting all which his majesty has never failed to institute inquiry where inbe done in the regular course of judicial proceedings. The very nature of such complaints, affords a sufficient answer to the conclusion attempted to be drawn from them by Spain; and his majesty might have been well justified in declining all farther discussion, on points on which it was manifest that no just motive of hostility could be grounded.

Such, however, was not his conduct. Anxious to avert from both kingdoms the calamities of war, he has repeatedly, but in vain, proposed to adjust, by amicable discussion, all points of difference which could subsist between the governments of two nations, whose real interests were the same, and who had an equal concern in opposing the progress of a common enemy.

This discussion having been always studiously avoided by the court of Madrid, it now remains only for his majesty to vindicate in this public manner, his own cause, and to prove the futility of those pretences by which that court now seeks to colour its aggression.

The first point brought forward to support an accusation of ill faith, is the conduct of the king's admiral at Toulon, who is charged with having destroyed those ships and naval stores of the enemy which he could not carry away with him; and with having afterwards undertaken an expedition to Corsica without the knowledge or participation of the Spanish admiral. To an accusation of such a nature, alleged as a ground for war between two great nations, it can hardly be expected that a serious answer should be given. It is, perhaps, the first time that it has been imputed as a crime, to one of the commanding officers of two powers acting in alliance, and making common cause in war, that he did more than his proportion of mischief to the common enemy. And if it be really true that such a sentiment was entertained at Madrid, certainly no other justification can be necessary for not inviting the officers of that court to join in subsequent expeditions against the same enemy. At all events it cannot be pretended that a co-operation between two allies (however cordial and sincere) in any one particular enterprise, could afterwards restrain either of them from undertaking separately any other, to which his own force appeared in itself to be adequate.

The second instance of ill, faith attributed to his majesty is, the conclusion of a treaty

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