Memoirs of the Reign of King George the Third, Volume 1 (of 4)Walpole, Horace
History
Memoirs of the Reign of King George the Third, Volume 1 (of 4)
Walpole, Horace
Great Britain -- History -- 1760-1789; Great Britain -- History -- George III, 1760-1820
The Court having carried this point, Norton impudently confessed this
was what he had aimed at; and as there were so many causes connected
with this depending in the Courts below, he should move to put off
the question for four months. The Ministers did not doubt but the
legality of the warrants would be condemned in Westminster Hall; yet
a previous censure in Parliament might not only ensure that decision,
but produce arraignment of the Administration. They feared, from what
had passed in the foregoing day, that they should never be able to
carry an approbation of the warrants,--and if they could, into what
confusion must the nation have fallen, if such warrants were upheld
by Parliament, and anathematized in the other courts? Their plan,
therefore, was to jockey: and the Opposition had fallen into the snare.
It had been proposed that Lord Granby should move the adjournment; he
refused, and yet spoke for it,--and was immediately rewarded with the
Lieutenancy of Derbyshire, which the Duke of Devonshire had resigned,
and wished, from the rivalship between their families in that county,
to see in any other hands.
Norton, continuing to triumph in the arts of attorneyship, asked
to what end the House should decide on the point which was to be
determined elsewhere? Let, he said, a Committee be appointed to draw up
a bill. The practice of a court does make law. For Secretaries of State
he demanded more power than for a common justice of peace. The House
sits to make laws, not to expound them. He then dropped this sentence,
so decent, yet so worthy of the mouth it fell from, and so often flung
in his teeth,--_If I was a Judge, I should pay no more regard to this
resolution than to that of a drunken porter_;--a sentence that would
have made old Onslow[439] thunder forth indignation! Norton then moved
to adjourn the debate for four months, as so many causes were depending
on the illegality.
Charles Yorke made a very long speech against postponing a present
decision, as against the dignity of the House: and he scrupled not
to pronounce the warrant illegal, which he protested he had never
seen till Wilkes was taken up; nor had any question been asked of
the Attorney or Solicitor Generals by the Administration. Warrants
dated from the Star Chamber. Himself had always been for taking this
matter up in Parliament, notwithstanding its pendency below. Previous
questions, to avoid debates, may be useful during foreign treaties,
but never in cases of privilege. In questions of this sort the House
ought to hold the balance between King and people. It was a question in
point of law impossible to be denied. Were he a Judge, he should pay
regard to the decision of the House of Commons. The question ought to
be determined for the sake of the Secretaries of State. He must be for
some law.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account