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
Notwithstanding Yorke disculpated himself of not having seen the
warrant, yet the Ministers protested that after Wilkes was taken up,
Yorke had given his opinion that No. 45 was a libel, and had advised
the commitment of him to the Tower. This was advising a man to knock
down another, and then pleading that he had not seen the bludgeon. Lord
North said, if a law was necessary, a partial resolution was trifling.
By deferring this, they meant to introduce something much better.
Lord George Sackville said, it would only alarm the nation, to fling
over the question the thin parliamentary veil of adjournment. When
could a question of liberty be so properly taken up as under such
a King? It was the time to lop such an excrescence. Lord North had
promised much, but would perform nothing. The House of Commons singly
cannot make law; but can declare upon it. He thanked God that on this
question the whole body of lawyers was not on the side of power: that
battery would be too much to stand. How came the Secretaries of State
by this practice, but from the Star Chamber and Licensing Act? It had
never been abused till now, for it had been exercised only against
traitors. A discretionary power must always be at the peril of the
Secretary that uses it. But he would therefore declare it illegal for
a warning to them, and to show the people that they had a watchful
House of Commons.
Nugent said, “Liberty rings round the House, and we may all be
unanimously in the wrong.” “We are not likely to be _unanimously_
wrong,” replied Conway, “nor rash, for nothing was ever so fully
debated. The Ministers had narrowed the question to Wilkes, and
then called it too narrow. The previous question would in effect be
a negative. Wood had called for immediate decision. There had been
issued but one warrant as extensive as this down to the time of Lord
Townshend, and that had been in the reign of Charles the Second. He
that gives a power of tyranny gives tyranny.” Hussey added, that the
Licensing Act had been dropped because the Peers would not consent to
let their houses be searched.
Lord Frederick Campbell said that in a fortnight’s time general
warrants would be determined to be illegal; and then, what Secretary
of State would dare to sign one? Lord Granby, declaring he thought
them illegal because Lord Chief Justice Pratt had thought so, said, no
Secretary of State after that opinion would venture to issue them.
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