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this business, nor suffer their resolution to be nugatory. It was a case of that nature which ought not to be winked at, or allowed to estape in silence.

Mr. SMITH stated, that the committee were quite ignorant that any actions were com enced against Mr. Davison, as his Rt. Hon. lfriend had stated.

The MASTER of the ROLLS observed, that he was informed of the actions having actually commenced.

The CHANCELLOR of the EXCHEQUER COincided in the observations of the Hon. Gent. (Mr. Grey), that this was a question which called for the fullest investigation. The House unquestionably stood committed, and it would be disgraceful to abandon the resolution recorded in the Journals. Not having read the minutes of the committee, he could not now pronounce any opinion upon the proceedings which it might be advisable to adopt; but he thought it right that the House should appoint some future day to take the subject into con- | sideration, otherwise it might be supposed without doors that it was altogether dismissed, and that the House declined to follow up its own resolution. He therefore moved that this Heport be taken into farther consideration on Monday fortnight.-Ordered accordingly.

HOUSE OF COMMONS.

Thursday, April 28.-(See Minutes, p. 810.) [CAPE OF GOOD HOPE.]-Lord FOLKESTONE rose, pursuant to the notice he had given, to move for certain papers, with a view of obtaining information respecting the events that have occurred at the Cape of Good Hope. He wished, before he made the motion, to observe, that he had no desire, by this motion, to interfere with the negotiations which were now carrying on between the Government of thi country and France; nor had he any wish to call for any information which, under the pre sent circumstances, his Majesty's Ministers might think it improper to give, though, perhaps, it might not be improper if the House were to call for such information, with a view of rescuing the business out of the weak hands in which it was now placed. But as it was not his wish to urge on a discussion up on the general subject of the negotiation, if his Majesty's Ministers would say that the production of the papers he now called for would in any degee interfere with the negotiation that was pending, he would immediately withdraw his motion, and drop it altogether. If, however, this assurance was not given, he would persist in the motion. There wa another thing which he wished to premise, and that was, that in discussing this

subject, he should be obliged to refer to a species of information which he was sorry to be obliged to refer to, viz. the French papers. Considering the ignorance in which the public had been for some time kept, upon what was going forward, Gentlemen must either be content to know nothing, or to have recourse to the French papers for the official documents which they contained. The reason why he wished the production of the orders which had been sent out relative to the Cape of Good Hope was, that the House should really know what the fact was. He had heard, that at different times different orders had been sent out: at one time it was determined to give it up, and at another it was to be kept, without any reason whatever being assigned for it. After the signature of the treaty of peace, orders were sent out to deliver up the Cape; afterwards, in the month of October last, when there was a considerable ferment in consequence of the invasion of Switzerland by France, orders were sent out that the Cape should not be given up. He did not know these circumstances from any official account published by his Majesty's Ministers, but from the accounts published in the French papers. In point of fact we did not keep the Cape; it was a kind of recapture, and there was a regular capitulation. He was anxious that the country should be acquainted with all the facts upon this subject, because it proved such a wavering in the councils of this country, that the House had a right to full information upon the subject. There was another reason why he wished for the production of the orders which had been sent out, and the dispatches which had been received, and that was, to have an opportunity of comparing dates. He wanted to compare the date of the dispatches which informed Ministers of the detention of the Cape, with the date of his Majesty's message to that House, because he did believe that those dispatches conduced to the mes sage, and the consequent armament. The King's message was delivered on the 8th of March, stating that discussions were pending between this country and France, and that armaments were preparing in the ports of France and Holland. The French official paper denied that any discussions were pending, and indeed he did not see what discussions could be going on except with regard to the Cape. As to the armaments in the French ports, they were nothing more than had been carrying on for some time. But it was generally supposed that the discussions were relative to the island of Malta. Upon this point he wished to observe, that in the exposé of the French government, in which they gave an account of the situation of the country, it was stated that the English still retained possession of Alexandria and Malta, but that the ships which were to convey home the garrisons of those places, had arrived in the Mediterranean. In the correspondence between

Sir A. Ball and Mons. Bussy, it was contended by the latter, that the English had, as long ago as the month of June last, consented that the Grand Master should be elected by the Pope, which had been done; and that as to the guarantee of the great powers of Europe, they were to be solicited to guaranty the independence of the island, but that such a guarantee was not absolutely necessary. He did not state this as his opinion upon this question, because this was not the proper time to enter into it, though he had formed a decided opinion upon it. He did not urge this with a view to extract information from Ministers, but to shew that the discussion could not be about Malta, and consequently to strengthen his argument for the production of the papers relative to the Cape of Good Hope. He again repeated, that if Ministers would state, that any public inconvenience would arise from the production of the information he required, he would not press his motion; but if they did not state that, he should move, "That there be laid before this "House a copy, or copies, of all orders sent "to the Cape of Good Hope, respecting the "surrender of that colony, since the signature "of the treaty of peace with the French re"public: together with a copy, or copies, of "all dispatches relative to the surrender or "detention of that colony, as received by "the commanders of British forces by land "or sea there, and the times when they were "received from his Majesty's Ministers-Also "an account of all discussion, if any, which "has taken place between his Majesty's Mi"nisters and the French government, respect❝ing that colony, since the signature of the "treaty, previous to the last order sent out "for the surrender of the same."

on must be about the Cape; and lastly, he moved for an account of the discussions which were going on respecting, the Cape. He was therefore, he thought, justified in stating, that there was a considerable degree of inconsistency between the professions and the speech of the Noble Lord. But surely, if the Noble Lord had been aware of the general acceptation of the notice which had been given by an Hon. Member (Col. Patten), which embraced every object of public concern, he would have abstained from any specific motion. He really had entertained a hope that, under the present circumstances, such motions as the present would not have been made, He was by no means disposed to deny that the subject to which the Noble Lord's motion referred, was one upon which the House had a right to expect information and explanation. It was one upon which his Majesty's Ministers were anxious to give information, when it could be done without prejudice to the pub lic service. With this view of the subject, he could not consent to negative the motion: on the other hand, he could not accede to it, because it would require explanations that could not be given under the present circumstances, without inconvenience to the public service. He should therefore move the order of the day, or the previous question: he was inclined to prefer the former, because he could not approve of the form of the motion-he should therefore move the order of the day, declaring again, that there was no inclination on the part of his Majesty's Ministers to keep back any, information that could throw any light upon the subject, when that information could be properly given. With regard to the form of the motion, he suggested to the Noble Lord whether it would not be better to put it into the form of an address to his Majesty,

Lord FOLKESTONE said, if it was more consistent with the forms of the House, he had no objection to move it in the shape of an address.

The CHANCELLOR of the EXCHEQUER said, the Noble Lord must forgive him if he observed, that there was a strange inconsistency between his declaration at the commencement of his speech, and the arguments which he had used in the course of it. The Noble Lord stated at the beginning of his speech, that he did not wish to bring forward in his Mr. WINDHAM said, he merely rose to remotion the general points which might be sup- mark, in answer to what had fallen from posed to be in discussion at present between the Rt. Hon. Gent. who had censured his Nothis country and France, more especially as ble Friend for some supposed inconsistency in an Hon. Gent, had given notice of a motion his speech, that there appeared to him no which would embrace the whole subject. ground for such a charge. His Noble Friend After making this declaration, the Noble Lord did not say, that he would not press his mobestowed a considerable part of his speech to tion if it had any connexion with the discusprove that the only subject in dispute between sion going on between this country and this country and France must be the Cape of France; he had merely said, that he would Good Hope; and in the concluding part of not press for the disclosure of any informa his motion, he desired to know what were tion that might be prejudicial to the public the discussions going on between this country interest. He was therefore at liberty to conand France relative to the Cape; so that thejecture what were the points now in negotiaNoble Lord first declared that he did not tion. With regard to the notice which had want to extract information respecting the been given by an Hon. Member, he did not discussions now going on: then he endea- consider that as any argument against his Novoured to prove that the only discussion going ble Friend's motion; on the contrary, if the VOL. III, Mm

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general subject was to be discussed, it was a | and he rose for the purpose of stating in a strong reason why as much previous information should be obtained as possible. If Ministers would state that the production of this information would be injurious, in that case the House must wait until the proper time when the information could be given, resting, in the mean while, upon the responsibility of Ministers.

few words, why he should concur in the motion for the previous question, or in any other that might be the best mode of setting it aside for the present. He agreed with the Noble Lord in what he had stated about the Cape; it was a subject fit to be examined-he apprehended that every body was ready to agree to that proposition: but the question was, whether that examination should be on this day or Lord HAWKESBURY said, he was not in the not. If the House had agreed to the motion House at the commencement of the Noble for an inquiry into the state of the nation, Lord's speech, but certainly he had very se- then the inquiry now proposed would have rious objections to the motion as it was word- been fit as a part of that general inquiry; beed, and connected with what he had heard of cause that would be entering into the detail of the Noble Lord's speech. He had stated that a matter, the principle of which had been adit was not his intention to embarrass the ne- mitted. But whether, in the present state of gotiation, and yet the latter part of the mo- the nation, the House ought now to enter tion went to call for information respecting into an inquiry into the conduct of the King's the discussions relative to the Cape. Now if Ministers respecting the Cape-whether it was this was one of the subjects under discussion, the best mode to take a view of that question, as the Noble Lord supposed, it would be im- as the Noble Lord's motion pointed out, or possible to produce the information required to wait until the House had decided on the by the motion, without going into explana- general question of an inquiry into the state tions of other points which might be in dis- of the nation, was for the House to detercussion. He did hope, that under the pre- mine. Now, upon that point he had no diffisent circumstances, detached motions of this culty whatever. There was another consisort would not have been brought forward. deration, which was, in his opinion, prelimiThe House and the country had a right to ex-nary to this: the general state of the nation, pect all the information that could be given as to the way in which the affairs of the country had been managed for some time past. But the way of obtaining that information, and of forming a good judgment upon it, was to have the whole subject before them at once, and not by taking up detached and unconnected points. Conformably with that principle, he thought it would have been better to wait until a communication was made, or until some general motion was made, which would bring the whole subject at once before the House. He begged, before he sat down, to observe, in reply to what had fallen from the Rt. Hon. Gent. who spoke last, that his Rt. Hon. Friend had not said the production of the papers moved for would be prejudicial; he had merely said, that the production of those papers might lead to a discussion and explanation, which might be productive of public inconvenience. It was not proposed to negative the motion, it might therefore be brought forward at any future time..

Lord FOLKESTONE spoke shortly in reply: he said, he was not bound by any notice which might have been given by any other Member, and observed, that great inconvenience might result from the practice of giving notices of motions.

Mr. Fox said, that there was no want of candour, as he conceived, imputable to the Noble Lord who had brought forward the motion now, for the manner in which he had done it; but although he felt that impression, he could not support the motion at present;

in the first place; secondly, perhaps, the conduct which led to the situation in which we are. These general points ought, as he conceived, to be disposed of, before any question in detail should be discussed. This appeared to him to be obvious. If it should be the opinion of the House, it is not fit at this moment to enter into an inquiry into the state of the nation, then undoubtedly the present motion will have been premature, inasmuch as it must be improper to enter on a detailed part of an inquiry, the whole of which would, in the opinion of the House, have been unfit. If the whole ought to be negatived, undoubtedly a part of it could not properly be entertained. If, on the other hand, the House should agree to institute an inquiry into the state of the nation, then this motion, as a part of the detail of that inquiry, would become a very proper and a very important part. As to the general subject of inquiry, his opinion was, as it generally had been, that the House of Commons ought not to be timid in asking questions of Ministers, neither should it screen itself from the execution of its duty, by desiring Ministers, and relying on their responsibility, to do theirs. He had always been of opinion, that the House should take upon itself the task of advising the Crown in almost all cases whatever of difficulty; therefore, if the House should, as he was inclined to wish, enter into an inquiry into the state of the nation, this motion would be premature, because the general inquiry appeared to him to be preliminary to any particular detail of discussion. He thought to throw out these few hints upon the course of discussion, but

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there was no ground whatever for saying | Member would allow that some measure ought that the conduct of the Noble Lord was not candid.

Mr. MARTIN said, that the Hon. Gent. who spoke last had used an expression, of which he could not help taking notice. He did not mean to pay the Rt. Hon. Gent. (the Chancellor of the Exchequer) any compliments: since he had been in power, he (Mr. Martin) had bestowed his best attention to his conduct, and he conceived that that Rt. Hon. Gent. had acted with integrity and propriety. But, with regard to his responsibility, Mr. Martin said, "I have now been a good while in this House-I have heard responsibility' often used, but never to any effect: with regard to the responsibility of Ministers in this country, I would not give twopence for it."

HOUSE OF COMMONS.

Friday, April 29.-(See Minutes, p. 811.) [NOTTINGHAM ELECTION.]-Mr. HAWKINS BROWNE said, before he moved that the bill should go into a committee, he should trouble the House with a few observations on the subject, and on the remarks of the Learned Counsel. It had been said by the Learned Counsel, that no particular charge had been made out against the mayor and magistrates of Nottingham by the evidence adduced in the committee, to prove that they had taken an active part in the riots, and were guilty of wilful neglect; but in answer to that Learned Gentleman's remark, he would say, if the evidence had gone to prove that the magistrates had violated the law to that extent, he should have taken a different measure, and have brought them before a court of justice; but it was a different species of impropriety that they were accused of, and that was, a shameful partiality in favour of one candidate, and a neglect of duty in not endeavouring to subdue the riot which took place during the election at Nottingham, and which he had no doubt they might have done if they had been so inclined. The evidence called before the committee not only proved, that dreadful riots took place during the election, but on all occasions in that town: it was therefore necessary some measure should be adopted for the safety of the public. The bill now before the House goes to destroy those scenes of disorder and wickedness which have been the companions of the town of Nottingham too long; and he did not doubt but it would tend to produce that comfort to the inhabitants, to which they have been a considerable time strangers. He could not suppose that any Gent. in that House would take it upon himself to say, that dreadful riots have not existed in Nottingham; and therefore, that being the case, he thought every

to be adopted, to keep the peace of the cor-
poration and county; and therefore those
Gent. who object to the present bill, should
suggest some measure to render the inhabit-
ants secure from riots and continual dis-
turbance. He would assure the House, that
if the present bill passed into a law, and did
not answer the purpose intended, he would be
one of the first either to amend it, or give his
vote for making it void, for any bill that the
House should think better calculated for the
safety of the public peace; but certainly some
measure is highly necessary to correct the
abuses complained of. It must be evident to
the House, if we admit no blame can possibly
attach to the magistrates, that their present
power is not sufficiently strong to secure the
peace of the town. The strong ground upon
which he had gone, and the evidence adduced
before the committee, go to prove that the
evil complained of calls loudly for redress.
In his mind, the scenes of vice which have
been witnessed in Nottingham exceed all de-
scription. If we were to go beyond the state-
ment of the evidence before the committee,
and suffer persons to be called to the bar of
the House, there would be no difficulty to
prove that tumultuous parties have destroyed
the peace of the town for these ten years past.
There were strong political parties in Not-
tingham, and he would state to the House
one among many circumstances which gave
rise to much confusion during the late war.
A number of persons would collect at the en-
trance of the town, to wait for the arrival of
the mail coach, to learn the success of our
navy and army; and whatever intelligence ar-
rived of any importance to these politicians,
was not argued on with 'temperance, but ge-
nerally caused great confusion between the
parties, and frequently ended in a dreadful
riot: by this detail of facts he did not mean
to censure any man for taking an interest in
the welfare of his country; but when politi-
cal differences engendered tumults dangerous
to public safety, he thought it necessary that
some steps should be taken to secure the com.
forts of the inhabitants. Nothing as yet had
been adduced to satisfy him that the freedom
of election had not been violated, and that
there was no occasion to give a concurrent
authority to the magistrates of the county:
on the contrary, he thought some remedy
ought to be taken to put an end to the confu
sion mentioned, and did not see a single evil
that could arise from the bill now in the Houre.
He should therefore move, that the bill should
go into a committee of the whole House on
Monday next.

Mr. HENDERSON said, he concurred with the last Hon. Gent. that the evils complained of required amendment by law, and that the peace of the town had been disturbed many years by tumultuous assemblies; he the.efore * M m 2

thought that the present bill was calculated to, the name of Loyalists, the other by the name produce much good in the town of Nottingham; but he had great doubts whether the bill could pass into à law, consistent with the ancient law of the nation. The object of the bill is to increase the number of magistrates for the county and town of Nottingham; but according to an act of the 27th of Henry VIII. chap. 24. the appointment of magistrates is vested in the Crown, and the office of magistrate is procured by letters patent from the Great Seal. He observed, however useful the bill would be to the inhabitants of Nottingham, he had not a doubt but it was not only contrary to the ancient charter of the town, but the established law of the land.

of Jacobins, who were continually opposing each other. He would mention a circumstance which the Hon. Gent. opposite to him had concealed, and which would shew the difficulty there was in keeping an inflamed populace from acts of violence. A Gent. of the name of Davison, who is a magistrate, had his house pulled down some few years ago by a Nottingham mob, notwithstanding every endeavour was made to prevent the riot. This shews the difficulty there is, particularly at an election, to keep a mob from committing some acts of outrage, and therefore is it to be supposed that an election mob are easily kept in order? The magistrates, he could prove, had done every thing in their power to preMr. Fox said, before he came to state his vent the riots at Nottingham. The freedom objections to the bill now in the House, he of election was one of the blessings of the could not forbear reprobating the unhandsome | English constitution, and he would advise the way the Hon. Gent. opposite to him had Hon. Gent. opposite to him not to carry the treated the magistrates. If the mayor and law too far, as it might produce many evils, magistrates have acted contrary to law, it and occasion much confusion. The last war would be the duty of the Hon. Gent. and the has caused many persons to divide în opinion House to bring them into a court of justice; on the propriety of the nation entering into but he thought the method taken to degrade, it; and as many persons had suffered much them in the public opinion, without making, by the war, as far as related to their trade and any thing like a charge, was highly censurable, manufactories, they therefore indulged a wish and ought to meet with the disapprobation of to support those Members who opposed the every man who considers the merits of the war. He therefore thought any attempt to case. He would ask, what was the charge prevent the inhabitants from shewing their against the magistrates? Did the resolu- zeal for a particular Member, would be dan tions contain any thing like proof that they gerous. He should repeat an observation be had sanctioned a riot at Nottingham? He made on a former evening on the subject, that would answer, No. Why were these Gent. this was not the only town where riots accomnot accused of an offence in a direct way, if panied elections; yet no notice had been taken they had committed any thing criminal? But of them. He begged leave to call the attenhe was sorry to say, the Hon. Gent. had en- tion of the House to the riots in the year deavoured to make out a charge in dark and 1780, which were suffered to get to an alarm unintelligible language, which goes to rob ing height before the magistrates exerted themthem of their peace of mind and character, selves to prevent them. No one could doubt, without any thing like proof of guilt. The who knew the facts, but the City magistrates resolution contained a charge apparently le- were very inattentive to their duty; yet no nient, but which teased them by pains and attempt was made to get the concurrent jupenalties. He would ask the Hon. Gent. if risdiction of the county of Middlesex over the the magistrates were guilty of the offence corporation of the city of London, which talked so much of, why not come forward and would have been contrary to the ancient charexhibit their wickedness by something like ter of that city-and it evidently was contrary proof? He was satisfied the resolution, into the charter of the town of Nottingham. which the magistrates were mentioned as hav- He would be glad to know why the magising done wrong during the election, amounted trates of Birmingham did not get the concur to nothing that would incur either punish-rent jurisdiction of the county of Warwick, ment, or censure of Parliament. Many Gent. when half the houses in Birmingham were who have perused the resolution, acknowledge destroyed; yet the magistrates were not called that it only expresses a doubt of their guilt. This was the only meaning conveyed; it was therefore very hard that the mayor and magistrates should suffer by mere assertion. It was true, the evidence was very voluminous, yet there was no part of it that affected the magistrates for not having done their duty to the best of their ability.-The preamble of the bill stated, that tumultuous conduct has existed for many years, and therefore it was emmon to the town. The facts are, that ~there are two parties at Nottingham-one by

an account for not having prevented the destruction which took place on that occasion. The Judges have paid the corporation of Nottingham, on many occasions, great praise for maintaining good order in the town; and it is also known, that the Judge have observed a smaller number of offenders have been brought before them in the town of Nottingham, than in any other of the same magnitude in England. During an election, it has always been thought prudent to give the mob a certain indulgence. He was sure,

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