Bill, Ireland would be excusable if they took up the consideration of the business, and provided by some specific measure for their own safety.

crown a perpetual Mutiny Bill, in direct violation of the Declaration of Rights, was high treason against the constitution of the realm. But how could he get at the authors of the treason in the present circumstances? It was perfectly impossible; for there was no responsibility to be esta blished against them. It might be said of him, in the present instance, with some truth, as it was frequently said of opposi tion without truth, that he was much readier to find the blame, than to advise the remedy. In this instance he felt himself full of difficulties. He honestly de

He said there was no responsibility in the ministers under the present law; nor was it in the power of either kingdom to bring them to a legal parliamentary conviction. He considered the ministers who advised the perpetual Mutiny Bill, as guilty of high treason. He was in general an enemy to constructive treason. He could not conceive that an unarmed, unarrayed mob, assembled round the House of Commons, could be said to be levying|clared, that he knew not in what manner war against the King. No such construction could be drawn from the Act of the 25th of Edward the 3rd; and though he `did not condemn the authors of some late opinions and attempts to make this constructive treason, as having been wilful misinterpreters of a plain law, yet he could only excuse them as having too hastily adopted the speculations of a worthy, but, in this instance, a deceived man, Mr. Justice Foster.* This Act giving the

*Mr. Fox here alludes to the following extract from Mr. Justice Foster, which had recently been quoted by lord Loughborough, in his Charge to the Grand Jury, on opening the Special Commission for the Trial of the Rioters, at the Sessions House, on St. Margaret's-hill, in the Borough :"

"Every insurrection which in judgment of law is intended against the person of the king, be it to dethrone or imprison him, or to oblige him to alter his measures of govern

ment, or to remove evil counsellors from about him,-these risings all amount to levying war within the statute, whether attended with the pomp and circumstances of open war or not. And every conspiracy to levy war for these purposes, though not treason within the clause of levying war, is yet an overt-act within the other clause of compassing the king's death.

to act with prudence and wisdom. He
was full of indignation against_the_men
who had reduced us to a state of such un-
precedented difficulty, that parliament
could not assert their powers with safety,
nor suggest remedies for evils that were
forescen with prudence. He might say,
if they would permit the expression, that
this situation had been incurred by a sys-
tem of negligence and incapacity. Any
other minister would have softened, when
it could have been done with propriety:
with success; but the noble lord had acted
or resisted, when it could have been done
land, in a decent, sober stile, applied to
Contrary to every occasion. When Ire-
land, in a decent, sober stile, applied to
parliament for relief from restrictions
which were at once impolitic and illiberal,
the noble lord attended more to the re-
presentations of individual members, who
happened to be influenced by the opinions
of their constituents, the manufacturers of
trading towns, than to the unanimous call
of a whole country. He admitted the
influence derived from the opinion of con-
stituents, it was the best and most virtu-
ous species of influence; but the minister
could not be influenced by the opinions of
Banbury to resist the pretensions which
his own liberal ideas of trade convinced
him
were just and reasonable. But he
was obliged, on account of the American
war, to court the votes of individual mem-
bers; and when the gentlemen on that
side of the House had carried a decisive
question, he came down two days after-
wards, and resisted their anxious endea-

"Insurrections in order to throw down all inclosures, to alter the established law, or change religion, to inhance the price of all labour, or to open all prisons-all risings in order to effect these innovations of a public and a general armed force, are, in constuction of law, high treason, within the clause of levying war. For though they are not levelled at the person of the king, they are single nation living here under the protection against his royal majesty; and besides, they of the king, or for the reformation of real or have a direct tendency to dissolve all the imaginary evils of a public nature, and in bonds of society, and to destroy all property which the insurgents have no special interest and government too, by numbers and an-risings to effect these ends by force and armed force. Insurrections likewise for redressing national grievances, or for the expulsion of foreigners in general, or indeed of any

numbers are, by construction of law, within the clause of levying war. For they are levelled at the king's crown and royal dignity."

vours to redress their grievances, when they were temperate in their requests.

therefore this Bill, as containing different laws, to be dangerous to the prerogative, because it might prevent the crown from sending troops from any other place of his dominions to Ireland, or from Ireland to any other part of his dominions, in cases of emergency. And if it could be conceived that his Majesty's ministers should, to the astonishment of the world, foresee danger, and provide against it, this Bill might stand in the way of their growing. virtue.

He said, he felt the difficulty of propos

The hon. gentleman then stated the powerful and the rapid effect of the resolution and the spirit of Ireland. Their associations had done more in a moment, than all the efforts of friendship in their favour. All false reasoning had vanished; all little partial motives of resistance had ceased; local considerations died away instantly, and the noble lord in the blue ribbon who had shewn himself the last man to listen to supplications, was the first man to give way to force. The noble lording any remedy for this evil. He did not came down to that House, and by three propose the recommitment of the Bill, in lumping propositions, did more for Ireland order to move to reinsert the word 'Irethan she had ventured to ask. Not that land.' He confessed the impropriety of he blamed the noble lord for the conces- such an attempt; but he was of opinion, sions; the noble lord had acted wisely, that some clause might be adopted, by and had properly told the House, that which the number of the army in Ireland commercial considerations ought not to be might be limited, and by that means a retaken upon a narrow, illiberal scale, but sponsibility established in ministers that should be looked at as great objects. All might give some security. He was not that he blamed in the noble lord was, his prepared with a clause to answer the purhaving done that meanly, which he might pose, but such a one, in his opinion, might have done with grace and with dignity; be framed. It was to be attributed to the for gentlemen must see, that however pru- negligence of parliament and of ministers, dent, and however wise it was to concede that they were reduced to this dilemma. to Ireland, when armed, concessions made The responsibility proposed, in no meaunder such circumstances, could neither sure affected the independence of Ireland. have grace nor dignity. The hon. gentle- It was a mere measure of peculiar policy; man said, that the associations should al- and in the same manner it would be fit and ways have his admiration and his applause. proper in Ireland to act towards England, He went into various other topics of ar- if England were to pass a perpetual Mugument, to shew the danger of this Mutiny tiny Bill. Many more things he owned Bill; and answered such defence as he he had on his mind to offer on this subconceived would be set up in its favour; ject; but he saw the impropriety of urging that an army raised and maintained in Ires all that had occurred to him. He was reland, under this law, though legal in Ire- strained by the consciousness that every land, would be illegal in England. This thing which he said would be misreprehe admitted; but such an army would not sented in Ireland, and that with the basest be less dangerous, because it was illegal. of purposes. He reminded the House He said, that soldiers raised, enlisted, and again, that the Irish Mutiny Bill had oriattested in England, might be sent to Ire-ginated in this country, and that it had land, and placed under the military law, which in one instance at least was different from the law of England, since it gave the King power over them in every thing but in life and limb. Though he was an enemy to the dangerous influence of the crown, he was a friend to the just prerogative, and he considered the power vested in his Majesty, of sending troops to whatever place of his dominions might require their assistance, as the most valuable prerogative. It was on this ground that the earl of Chatham said, that retrenching the number of troops to be employed in Ireland, was "tearing the master-feather from the eagle's wing." He considered

passed under the most suspicious and alarming circumstances. He concluded with saying, that he should move for the re-commitment of the Bill when the present question was settled,

The Secretary at War spoke in very guarded terms of the extreme delicacy of the subject now before the House, and wished, as much as possible, to avoid entering into any of those topics which it was obviously better, on both sides of the House and on both sides of the water, from every consideration of prudence and policy, to avoid. The hon. gentleman had, as usual, stated various charges with great strength, which he was persuaded

said, that the King might borrow money and raise troops; it might with equal ease be supposed, that the King might borrow troops of neighbouring princes, and employ them on designs dangerous to the liberties of his subjects, or in a direct attack on the constitution, and the restraints by which his authority was confined. When suppositions of this kind were admitted, they might be extended to any length; but he trusted that whenever real danger appeared, there would always be a spirit in this country which would be fully able to resist it, which spirit could receive no support from groundless fears and apprehensions. With respect to the degree of criminality which the hon. gentleman had thought proper to charge upon the King's servants, for suffering the Irish Bill to be made perpetual, he forgot, that if it were high treason, the Irish parliament were equally guilty with the King's servants, because, having adopted the alteration, and passed the Bill with it, they had committed high treason as fully as the King's servants had. The fact was, there was no criminality in the case; and as he trusted he had shewn it was by no means unprecedented, he flattered himself they would agree to the report.

the House would see in a different light from a more simple state of facts. It had been a great object in former reigns, to endeavour to reduce the legislature in Ireland to pass a Mutiny Bill, which had not been accomplished till the time of queen Anne. The objects of this Bill were the raising, paying, and due government of the army; the Bill of queen Anne went only to the first two objects, but it was a perpetual Bill. In 1688, the first Mutiny Bill was passed in England, at which time an attempt was made to pass a similar Bill in Ireland, which failed. In 1692 a Bill passed the House of Lords, and sent here. The great lord Sommers was then Attorney General; and every one knew how much the Attorney General had to do with Irish Bills in this stage. The great authors of the Revolution were anxious that Ireland should have a Mutiny Bill of her own; and though many attempts were made to introduce one, it was not until it was known that they would not admit of one, that the word Ireland' was inserted in the English Mutiny Bill. This Bill was on the same principles as that now the object of debate; like that, it obliged the army to obey certain rules and articles of war, published, or to be published, and authorised by his Majesty ; Lord Mahon said, had the motion of his and like this it was perpetual: yet lord hon. friend been a motion to recommit Sommers, and all those warm defenders the Bill for the purpose of inserting the of constitutional liberty, who were then word "Ireland," he was prepared to have in power, approved the Bill. Those opposed it; but as the intention of the who had been deeply concerned in set- recommitment was of a different kind, he tling the Revolution, in framing the Bill should support it. His lordship said, he of Rights, and all the measures of that was aware of the delicacy of touching most respectable period of our history, upon the question of the superintendency had concurred in their advice in council of the British parliament over Ireland, and to approve this Bill. It had been sent of the danger of opposing it in contradis over to the lord deputy Sidney, with an tinction to the superintendency of the injunction to endeavour to prevail that it Irish parliament, and he should carefully should be passed in both Houses, but it avoid coming near those points. His lordfailed in the Commons. The perpetuity ship then replied to several parts of the of this Bill in Ireland he considered as argument of the Secretary at War, and necessary for the very reasons that had particularly denied, that what Mr. Fox been urged against it. It was certainly had stated as a supposed case, namely, proper to prevent the great inconveniencies that a king of England should borrow that would arise from the army being sub-money of a foreign power to pay his army ject to different Mutiny Acts in different situations of service; yet this it would be impossible to avoid, if the Mutiny Bill was considered as annual, and subject to alterations in both countries. Considering himself as fully supported by the respectable authorities named, he treated with some degree of ridicule, the ideas of danger to liberty, which had been so warmly urged by the hon. member, It had been

with, was a matter in the clouds. History proved that such a fact had existed, and therefore it was fair to put it as a fact that might happen again.

Mr. Burke said, he felt in a degree fully equal to any gentleman who had spoken, the extreme delicacy of the present subject; but he thought himself called upon not to decline giving his opinion on a subject, in which local attachments might

The Speaker now put the question, that the report be read a second time, when it passed in the affirmative.

be supposed to interfere with his duty. | by a military dependent on the will of one In the present divided and distracted state man, to whom they delegated their power; of the empire, when every thing seemed to be nor to constitute a police which only could falling to pieces, it became men to be firm, derive maintenance and effect by the inand to look on the preservation of what tervention of arms. It was for this purpose yet remained as their first duty.-On some that the legislature of Great Britain prulittle noise in the House, he said that he dently and wisely established a military entirely coincided with what had been power only for the duration of one year, urged by his hon, friend, which was suffi- or rather they suspended the illegality of cient for him to say, as the House did not the military power for a year. It was for appear to wish to hear him. this, that they would intrust no permanent and durable military in the hands of the crown, but preserved to themselves the security of escape whenever that military should be misapplied to objects for which it was not designed. The police of Westminster, in its present condition, was wretched and miserable. Its state was too well known to require description: its weakness and inefficacy were too severely felt at the late dreadful period, to be depended upon in future. To that we were to ascribe the riots and the outrages that had broke forth in June last, and which had raged without control for many days: to that we were to ascribe the order which had been issued to the military to act without waiting for the orders of the civil power. To that we were to ascribe the establishment of military power in this country for four months, and its being extended to every part of the country. It was the police of Westminster that had given rise to all these calamities and alarms; and yet not one measure had been taken, nor one attempt made, to correct that police, or to prevent a repetition of the same dangers.

Debate on Mr. Sheridan's Motion respecting the defective State of the Police of Westminster.] March 5. Mr. Sheridan rose to offer his propositions respecting the defective state of the police of Westminster. He began with saying, that if he had presumed to offer his sentiments to the House on this subject at the opening of parliament, he should have felt the necessity of apologizing for the presumption of taking up the matter; since after the recollection of the dreadful tumults which ravaged and disgraced the metropolis in June last, he should have naturally conceived that some gentleman, of more experience and more weight than himself, would have thought it worthy his own attention, as well as that of the House. But as so long a time had elapsed, and no gentleman had undertaken the important consideration, he thought himself both justified and called upon to the task. The police of every country was an object of importance. (Gentlemen would understand what he meant by the term police; it was not an expression of our law, or of our language, but was perfectly understood.) In a despotic country, where the laws were regulated by the will of the sovereign, the view and purpose of the police is to give comfort and security to the subject, and, perhaps, to furnish secret information to the rulers. In a constitution of liberty, like that of Great Britain, it was the duty and the object of the people to prefer the essentials of freedom to the comforts of ease; and they were not to purchase internal protection at the expence of slavery. It was not a dead and slavish quiet; it was not a passive calm and submission that was the ultimate object of police in such a state; but as much good order as was consistent with the active, busy, and bustling genius of liberty. They were not to be awed into submission

He was aware it might be said, that if the negligence and the incapacity of the civil power of Westminster had contributed so much to these evils, the same imputation ought to be thrown upon the magistracy of the city of London; since the tumults had reigned with equal impunity in that city, and with equal consequences. To this he could only say, that he could not forget, for a moment, that the tumults began in the city of Westminster; that there they had their small beginnings, and that there they might have been checked with less exertion than in the subsequent progress of their accumulating force. But the success of the riots in the city of London, had been ascribed to the want of conduct and courage in the chief magistrate. It was to him, and not to the civil power in general of that city, that the blame was given. By the same mode of reasoning, he would be per