son among us, can we be in the least doubt one moment to call him again to the same Chair; and desire him once more to sacrifice his own ease and quiet, to the service of this House, and his country? And, That he hoped every gentleman would concur in the motion, That the hon. Spencer Compton, esq. may take the Chair. Then the House calling Mr. Compton to the Chair; Mr. Compton stood up in his place, and said; "That he was very much obliged to the noble lord, and honourable gentleman, for the great honour they had done him, in proposing him again for the chair; and that if he had the least share of those abilities they had complimented him with, he should know his duty better, than to decline the service of his country, though attended with the greatest difficulties: but he was so conscious of his own want of abilities to discharge the duty of the chair; and so many gentlemen were witnesses of it in the last parliament; and his own experience had taught him to be most sensible of it himself; he did therefore really wish the noble lord, and honourable person, would withdraw their motion; or that some other gentleman would propose a fitter person, which nobody could desire with more sincerity than he did." But the House again calling Mr. Compton to the chair; he was taken out of his place by the lord Stanhope and Mr. Talbot; who led him from the bar of the House up to the Chair: where, upon the first step, he said; That, notwithstanding gentlemen had permitted him to come thus far, which he could impute to nothing but the good opinion they entertained of the noble lord and honourable gentleman, who had done him the honour to propose him; he hoped, even they themselves would be satisfied with the House's having thus far complied with their propositions; and that he might now have leave to return to his place:" But the Members crying, No, no; * Mr. Compton went up into the Chair: but, before he sat down; he said, That since gentle men were determined to replace hith in the Chair, he must return them his thanks for the great honour they had done him; but he hoped, at the same time, they would give him leave to lay bis inability before his Majesty, that his Majesty's service, and the service of his country, might not suffer by his insufficiency; but that they might have an opportunity of making a better choice: But the Members cried, No, no: And thereupon Mr. Compton sat down in the Chair; and the mace, which before lay under the table, was laid upon the table. Then Mr. Comptroller said, he congratulated the House on their having so unanimously, concurred in the choice of the same person to be their Speaker, who had, in the last parliament, discharged the duty of that important post with honour, integrity, ability, and impartiality that he did not doubt but their choice would be very agreeable to his Majesty, : and the whole kingdom: and his Majesty having, at the same time he commanded the House to choose a Speaker, appointed them to present him to his Majesty, at the bar of the House of Lords, on Thursday next, he moved, That the House do adjourn; which was done accordingly. The Speaker's Speech to the King on being presented and approved of] Oct. 11. The King came to the House of Lords with the usual solemnity; and the House of Comnons attending, The Speaker elect addressed his Majesty as follows: "May it please your Majesty, "The knights, citizens, and burgesses, in parliament assembled, having in obedience to your Majesty's commands, proceeded to the choice of a Speaker, do now humbly attend to present me to your Majesty, as the person they have called to that service: but as I am conscious of my own weakness, and as my want of ability cannot be unknown to your Majesty, I most earnestly beseech your Majesty to accept my excuse, and to command your Commons to present to your Majesty some other person more worthy of your royal approbation." Then the Lord Chancellor, taking directions from his Majesty, said; "Mr. Compton, "You have so long, and so very well, discharged the important trust of Speaker of the House of Commons; and his Majesty has had so full experience of your zeal for his service, and for the interests of your country, which are really inseparable; that he is pleased to command me to tell you, that he is perfectly well satisfied with the choice which his Commons have made of you now to be their Speaker; and therefore does not admit of your excuse; but allows of, and confirms, you to be Speaker." Then Mr. Speaker said; "Since it is your Majesty's pleasure to approve the choice your Commons have made, it is my duty to submit; and to endeavour to supply my want of capacity, by a diligent application to the discharge of this trust, which I am commanded to undertake.-The experience I have had of your Majesty's great goodness, in pardoning my past errors, encourages me to hope, that any involuntary mistakes I may here after make, will receive a favourable construction: And I intirely rely on your Majesty's justice and goodness, that none of my failings or infirmities may be imputed to your faithful Commons; in whose name, I lay claim, by humble Petition to your Majesty, to all their antient and accustomed rights, privileges, and immu nities; particularly, That, for their better attendance on the public service, their persons, estates, and servants, may be free from arrests, suits, and molestations: That they may have liberty and freedom of speech, for the better management of their debates: That they may have free access to your Majesty, atall convenient times, as occasion shall require: And that their proceedings may be free from misconstruction, and receive the most favourable interpreta tion." Then the Lord Chancellor, receiving further directions from his Majesty, said; "Mr. Speaker, kingdom) have been brought over from Ire land. The States General have given me assurances, that they would keep a considerable body of forces in a readiness to embark on the first notice of their being wanted here, mined not to put my people to-any more exwhich was all I desired of them; being deterPence than what was absolutely necessary for their peace and security, "Some of the Conspirators have been taken up and secured; and endeavours are used for the apprehending others. "I am commanded by his Majesty to say, that his Majesty, being fully assured of the prudence, loyalty, and good affections, of the House of Commons, does most willingly grant to them all their privileges, in as full a manner as they have at any time been granted or allowed by any of his Majesty's royal predecessors: And, as "My Lords, and Gentlemen, to what have said in relation to yourself, his "Having thus in general laid before Majesty will be graciously pleased to put the state of the present Conspiracy, I must leave to best and most favourable constructions upon your words and actions, in the discharge of your consideration what is proper, and neces your duty, as Speaker of the House of Com-sary to be done, for the quiet and safety of the mons." you The King's Speech on Opening the Session.] Then his Majesty was pleased to say, "My Lords and Gentlemen, I have ordered my Lord Chancellor to declare to you, in my name and words, the causes of calling this Parliament." Then the Lord Chancellor said, "My Lords and Gentlemen; I have received his Majesty's commands from the throne, to declare to you in his Majesty's name and words, the causes of his calling this parliament, as follows: "My Lords, and Gentlemen, "I am concerned to find myself obliged, at the opening of this parliament, to acquaint you, that a dangerous conspiracy has been for some time formed, and is still carrying on, against my person and government, in favour of a Popish Pretender. you the kingdom. I cannot but believe the hopes and expectations of our enemies are very ill grounded, in flattering themselves that the late discontents, occasioned by private losses and misfortunes, however industriously and maliciously fomented, are turned into disaffection, and a. spirit of rebellion. "Had I, since my accession to the throne, ever attempted any innovation in our established religion; had I, in any one instance, invaded the liberty or property of my subjects; I should less wonder at any endeavours to alienate the affections of my people, and draw them into measures that can end in nothing but their own destruction. "But to hope to persuade a free people, in full enjoyment of all that is dear and valuable to them, to exchange freedom for slavery, the Protestant religion for Popery, and to sacrifice at once the price of so much blood and treasure as have been spent in defence of our present "The discoveries I have made here, the inestablishment, seems an infatuation not to be formations I have received from my ministers abroad, and the intelligences I have had from the powers in alliance with me, and indeed from most parts of Europe, have given me most ample and concurrent proofs of this wicked design. accounted for: but, however vain and unsuccessful these desperate projects may prove in the end, they have at present so far the desired effect, as to create uneasiness and diffidence in the minds of iny people, which our enemies labour to improve to their own advantage. By "The conspirators have, by their emissa- forming Plots, they depreciate all property that ries, made the strongest instances for assistance is vested in the Public Funds; and then comfrom foreign powers; but were disappointed plain of the low state of Credit; they make an in their expectations. However, confiding in increase of the national expences necessary, their numbers, and not discouraged by their and then clamour at the burthen of faxes; and former ill success, they resolved once more, endeavour to impute to my government as upon their own strength, to attempt the sub-grievances, the mischiefs and calamities which version of my government. they alone create and occasion. "To this end, they provided considerable" I wish for nothing more, than to see the sums of money, engaged great numbers of of ficers from abroad, secured large quantities of arms and ammunition, and thought themselves in such readiness, that had not the conspiracy been timely discovered, we should without doubt, before now, have seen the whole nation, and particularly the city of London, involved in blood and confusion. "The care I have taken has, by the blessing of God, hitherto prevented the execution of their traiterous projects. The troops have been encamped all this summer; six regiments (though very necessary for the security of that Public Expences lessened, and the great National Debt put in a method of being gradually reduced and discharged, with a strict regard to parliamentary faith; and a more favourable opportunity could never have been hoped for than the state of profound peace, which we now enjoy with all our neighbours. But Public Credit will always languish, under daily alarms and apprehensions of public danger; and, as the enemies of our peace have been able to bring this immediate mischief upon us, nothing can prevent them from continuing to subject the nation to new and constant difficulties and distresses, but the wisdom, zeal and vigorous resolutions, of this parliament. "Gentlemen of the House of Commons, "I have ordered the Accompts to be made up, and laid before you, of the extraodinary charge that has been incurred this summer, for the defence and safety of the kingdom; and I have been particularly careful not to direct any expence to be made greater, or sooner, than was of absolute necessity. “I have likewise ordered Estimates to be prepared, and laid before you, for the service of the year ensuing: and I hope the further provisions, which the treasonable practices of our enemies have made necessary for our common safety, may be ordered with such frugality, as very little to exceed the supplies of the last year. "My Lords and Gentlemen, first reading of the said Bill, a motion was made for reading it a second time immedi ately, which was strenuously opposed, but after a long and warm debate, the question being put thereupon was carried by a majority of 67 voices against 24. The Bill being, accordingly read a second time, and committed, the House adjourned during pleasure, and being quickly after resumed, they went into a Committee upon the said Bill, his grace the duke of Wharton being in the chair. The Committee, after some speeches went through the Bill, and filled up the blank for the continuance of the suspension of the Habeas Corpus Act with the words, until the 24th day of October 1723.' The House being resumed, the duke of Whar ton reported the said Bill, with the Amendment made thereto, which occasioned another very warm and obstinate debate. of parliament, to suspend it without an absolute necessity. That, indeed, in cases of actual rebellion, or intended invasion, that act had been, at times before, suspended; but yet this was done sparingly, by degrees, and never for above the term of six months. That this consideration put them under a very melancholy apprehension for the very being or effect of that excellent law; since the suspent sion of it for a year, might be as good a precedent for the suspending it, on another occa sion, for the term of two years, as any former precedent was now for the present suspension. That the horrid Conspiracy, which occasioned this suspension, having been discovered five months before, and divers of the conspirators "I need not tell you of what infinite con- The Earls of Anglesea, Cowper, Stafford, cern it is to the peace and tranquillity of the and Coningsby, the Lords Trevor, Bathurst, kingdom, that this parliament should upon this and Bingley, represented, That the Habeas Occasion exert themselves with a more than Corpus Act being, on all hands, admitted to ordinary zeal and vigour. An entire union be the greatest and strongest bulwark of Engamong all that sincerely wish well to the pre-lish liberty, it did not consist with the wisdom sent establishment is now become absolutely necessary. Our enemies have too long taken advantage from your differences and dissentions. Let it be known, that the spirit of Popery, which breathes nothing but confusion to the civil and religious rights of a Protestant Church and Kingdom, however abandoned some few may be in despite of all obligations divine and human, has not so far possesed my people, as to make them ripe for such a fatal change. Let the world see, that the general disposition of the nation is no invitation to Foreign Powers to invade us, nor encouragement to domestic enemies to kindle a civil war in the bowels of the kingdom. Your own interest and welfare call upon you to defend yourselves. I shall wholly rely upon the Di-imprisoned for it a considerable time past, it vine Protection, the support of my Parliament, and the affections of my People, which I shall endeavour to preserve, by steadily adhereing to the Constitution in Church and State, and continuing to make the laws of the realm the rule and measure of all my actions." was very unreasonable to suppose, that the danger of this plot, in the hands of an able, faithful, and diligent minister, would continue for a year or more yet to come, and that in so high a degree as to require a suspension of the liberty of the subject. That, indeed, their just apprehensions would in great measure be Debate in the Lords on the Bill for the removed, if his Majesty, on whose known suspending the Habeas Corpus Act.]. As equity, goodness, and clemency they entirely soon as the King was withdrawn, and the depended, would remain amongst us during Commons returned to their House, his grace the whole time of this suspension: but that the duke of Grafton, Lord Lieutenant of his Majesty not having visited his dominions Ireland, took notice of the horrid Conspi- abroad these two last years, would very pro racy lately formed and still carrying on, against bably leave the kingdom the next spring. his Majesty's sacred' person and government; That in his Majesty's absence this great power shewed the necessity of strengthening the of imprisoning the subjects at will, and detain hands of his Majesty's ministers, in order to aing them in prison until the 94th of October full detection and entire suppression of those 1798, and for as much longer time as till they traiterous designs and practices; and there-can after that, take the benefit of the Habeas upon, with the leave of the House, presented a Corpus Act, (if they could then do it at all) Bill for suspending the Habeas Corpus Act, would be lodged in the hands of our fellowand empowering his Majesty to secure and de subjects, who could not be supposed to be thin such persons as his Majesty shall suspect above all prejudices and partialities, as they are conspiring against his person and goverh-were sure his Majesty was; and who, besides, ment, for the space of one your. After the might have private resentments to gratify: That this Bill did, in effect, vest the ministers with an authority almost as arbitrary and extensive as that of a Roman Dictator, since they might inflict even on innocent persons, who shall have the misfortune to displease them, a punishment of above a year's imprisonment, which comes little short of death, and which oftentimes occasions it. That the dictatorial power, among the Romans, was always laid down immediately after the occasion for which it was given was over; and it was remarkable, that it was never continued much longer, until a little before the Roman Commonwealth, from which all other states draw so many maxims of government, lost its liberties. That so long a suspension of the Habeas Corpus Act, weakens the provision made in the Bill for the Members of either House of Parliament, That they shall not be committed or detained, the parliament sitting, until the inatter be first communicated, and the consent obtained of the Houses respectively,' since it is very probable, the parliament will not be sitting the greatest part of the time, for which this bill was enacted, would continue a law that such is the weakness of human nature, that the apprehension of what might befal a member of parliament while the parliament is not sitting, might have some influence on the freedom of parliament: that since so long a suspension was liable to so many inconveniencies, they thought most adviseable to reduce it to the term of six months; at the end of which, if there appeared cessity for it, it might be continued six months longer, as was done before in this very reign, during the late rebellion. ne These objections to the bill itself, or continuance of it for a year, were answered by the lords Townshend, Harcourt, Carteret, the dukes of Argyle, Wharton, and Newcastle, and some others. They represented, That the Habeas Corpus act had been suspended upon much less important occasions, upon bare intimations of a plot; whereas the king had now laid before the parliament the particulars of a conspiracy to introduce a Popish prince that it was necessary the suspension should continue a whole year, since the conspirators (who probably would lie still all the winter) would exert themselves in the summer when the parliament was up; and might fatter themselves with the hopes of foreign assis tance. The substance of the arguments in sup. port of the Bill was, a few days after, published in a London Journal, as follows: "In the present uneasiness, which is very natural to Englishmen, upon every suspension of the Habeas Corpus act; and which is industriously and artfully heightened, upon occasion of the act just now passed to that purpose; it is not enough to tell them, in general, that it is an act absolutely necessary to secure them from ruin, and from the total loss of all sther acts, and of this Habeas Corpus Act Protest against the Bill for suspending the Habeas Corpus Act.] Then the question being put to agree with the committee, it was resolved in the affirmative. "Dissentient? "1. Because the Act, commonly called the Habeas Corpus Act, is admitted on all hands itself. But, it is necessary for us all, before we can or ought to be satisfied in so important a point, to enter carefully into the particular questions, which naturally arise upon this subject; and which must be sifted and debated, before any one, who loves his country and his liberty, can acquiesce. "1. Whether it be fit, upon any occasion, 'to suspend the ordinary operation of the IIa'beas Corpus Act? 2. Whether there be any reason sufficient to make it fit to do it now? 3. Whether if it ought now to be done, it ought to be done for so long a time as a year?' these take in every thing relating to the point in hand. "The first of these questions has been resolved constantly without any hesitation in the affirmative by the wisdom of all parliaments, ever since the making that act. Their behaviour, and the laws made by them, have ever shewed that it was a determined case with them, that upon occasion of any conspiracy against the state, (the execution of which always depends upon the persons of the conspirators, and the liberty they enjoy to advise and to act,) it was absolutely necessary to grant to the executive power, for a time, a right to apprehend and de tain the persons of such as should be suspected to have a part in it. Otherwise, they always argued, there must soon be an end of our establishment, and all our liberties; and that without this, the Habeas Corpus Act itself must be much worse than mere dirty parchment or waste paper: for it must be itself the very instrument and immediate occasion of that ruin, and loss of liberty, it was designed to prevent. Accordingly, seven times, since the revolution, has that act suffered suspension, as absolutely necessary to the preservation of the act itself, and all the privileges of it, Seven times have our predecessors, with one voice in parliament, decreed such a power to the crown, for the preventing total ruin. And this, with the highest reasons of state, allowed of and practised upon, by all states and kingdoms; and by none more, than where the greatest liberty has flourished, which has caused the greatest dread of losing it, "But there need not examples. The rea son of the thing is plain. For what indeed avails it to have a good constitution, if there be not in that constitution somewhere lodged a power of preserving itself by extraordinary methods, upon extraordinary occasions? What imports it, to have a roll of parchment, called an act of parliament for the liberty of the sub ject; if, at the call of imminent danger, which threatens the destruction of this act, and all acts, there be not a power lodged and exerted, to be the great bulwark of the liberty of the subject; and therefore, although in cases of actual rebellion and intended invasion, that Act has been at times before suspended, yet it was done sparingly and by degrees; and the utmost term for which it has been suspended, at any one time, has been the term of six months; which consideration puts us under a to confine the persons of some, that the persons of all may not suffer by that liberty, which such conspirators enjoy, merely by virtue of this act? To what purpose will it be afterwards to ask, why did not they who knew of these conspirators, and who were to guard against them, at least confine them where they could do no mischief? The answer must be, because they had no power by law to do it. The question then will be equally in vain, Why did they not ask and demand it of parliament? Why, because they had a veneration for the Habeas Corpus Act, the darling and defence of the people. The next voice will then be this, Why do you tell us of our darling and our defence? call it no longer by those names; it is our poison and ruin, if a regard to that has brought destruction upon us, and prevented the measures which alone could have saved us. We are now dead, for fear of death; and have lost this act, and all the effect of it, for ever, out of a superstitious dread of suffering traitors to lose the benefit of it for a season. "The second of the foregoing questions is answered under the first. It only depends upon this, whether there be in fact, a design of introducing a Popish prince, at the hazard of all that is valuable to Britons and Protestants, now going on. Whoever doubts of this in his own soul, I am free to give him leave to be intirely and for ever dissatisfied with every thing done to prevent it; because I am confident no one can doubt it, who has eyes, or ears, or common understanding. Whoever does not doubt it, can no more doubt of the reasonableness of following the usual method chalked out to us by all preceding parliaments, and by all free governments in the world. After what the king has, with the utmost solemnity, laid before the parliament, it had been, in my poor opinion, much more sincere and becoming, to have addressed him in humble manner, and begged of. him to return in peace to his own people abroad, than to have delayed one hour to give him that testimony of their confidence, and those assurances of their zeal, which every parliament since the revolution had upon much less declarations, given to his predecessors. In what a condition indeed, had his and our affairs appeared to all abroad, if they had seen the parliament of Britain itself cold and indifferent in such a cause, and denying their present king the powers necessary even for the preservation of his own life against violence, as well as of the whole constitution against ruin? "But the third question creates the difficulty, Why for so long a time as a whole very melancholy apprehension for the very being or effect of that excellent law; since the present suspension of it, for the term of a year or more, will be as full as good an authority, in point of precedent, for the suspending it on another occasion for the term of two years, as any former precedenc is now for the present suspension during one year and more. year?" Upon this, it is worth remembering, that there was no formal contest, as I am informed, in parliament, about the doing the. thing itself. It was by most allowed, or supposed to be right and necessary: though at every proper place, arguments were thrown in, which plainly enough shewed, that there lay the grief, that it should be done at all. However, to gain a greater number, that was given up. Some would consent to it for three, some for four, and some for six months. But they could not possibly (such was their love to their country!) consent to it for twelve months. When I heard this, I presently thought with myself, What? Can these persons trust themselves, and us, and all their fellow subjects, in the hands of the ministers for six months? And is it so terrible a thing to do it for six months more? If they can be safe and secure in this for the first six months, and the condition of affairs requires it, surely they may be safe for the last six months? If such misery and calamity be in the matter; such horror and dread, that the government by the tow string is better, why is it consented to for six months; why for four months? Nay why for one? But if six months can be reasonably allowed, let us try whether another six months may not be as reasonable. No. It is too much; it is too long to trust such a power. I grant it; twelve months is too long a time.. So is six months. So is four months. So is four days. But if twelve months be necessary; if the occasion requires and demands such a time; it is just as fitting, as twelve days or twelve hours. It is a pain and a grief to think of doing it at all. No Englishman can consent to it, but with reluctance. But to none can it be half so pungent, or half so uneasy, as to those who are to execute it, (if necessity calls them to it,) unless they are monsters, void of all concern and hardened into stone. "Take, therefore, my notion of this affair in short. If this were the spring time of the year, there is no one, I believe, who would have asked, and no one who would have consented to give more than six months, because that space of time would take in all the summer, and reach down towards the meeting of the parliament again: and the summer being. the time always of the greatest danger, that would be provided for; and the sessions would come on time enough to make farthe provision if necessary. This is the case at present. There is a certainty of a more resolute design (with several persons of note actually embarked in it,) than perhaps has ever yet been known, |