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
Charles Townshend made a most capital speech, replete with argument,
history, and law, though severe on the lawyers: a speech, like most
of his, easier to be described than detailed. How great, he said,
must be the talents of Norton, if the House heard him with patience,
though comparing them to a _drunken porter_. Whether in the House or
out of the House, Norton, he feared, would be fatal to the cause. He
then gave the history of the Licensing Act, and read the resolution
of the year 1675, drawn by Mr. Locke, and the report of Lord Chief
Justice Vaughan of usage not constituting law. Had Norton lived in
the age of ship-money, how he would have argued for putting off the
decision of its being illegal! But it was become more necessary to
alter this, because of the many precedents in its favour. He then gave
a description of the warrant against Wilkes, and how long they had been
before they applied it to him. He abhorred Wilkes, he said; and drew a
severe picture of him, and another panegyrical of the great Whig Lords
at the time of the Revolution, and of those at the accession of the
present Royal Family. “But it seems,” continued he, “we are not to have
a resolution, but a bill. The first time was always the best time; the
natural mode the best mode. One advantage had been derived from Wilkes,
he had stopped a growing evil. Nobody could think what thirty years
more in abler hands would have done. This warrant without description
of person might take up any man under any description of a libel.
If the House did not come to some resolution, what dissatisfaction
it must create. Mankind would learn that the lawyers were divided
in their sentiments on the legality, and would be clamorous to have
settled a point so important to the security of their persons, houses,
and papers. But do not be wheedled by promises; who gives promises
gives deceit.” He praised Mr. Pitt, and concluded with saying that
this warrant was like an experiment in anatomy, which might be tried
on a poor man. Wilkes is odious, cry the Ministers; commit him. If
Parliament suffers it, you may strike at higher objects.
After several other speeches, Pitt said “this was not a warrant,
but a delegation of magistracy, which the Crown could not give, and
should Secretaries of State give it? The debate had been carried on
without heat--indeed with too much coldness. Lawyers termed this
warrant erroneous;--was that term harsh enough? Hear the language of
Ministers and their agents: Carteret Webbe said he had settled Wilkes
_comfortably_ in the Tower with his shaving things! Then, they say,
you need not pronounce this illegal; Secretaries of State will be
sufficiently frightened; the Judges may or may not declare it illegal;
and you shall have a law. I should be against such a law; it would be
augmenting the power of the Crown by law. What will our constituents
say if we do not ascertain their liberties? How do you know the Lords
will agree to the bill? Not doing is doing.”
Public-domain text, read in full here on John Shaqi.
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