Conftitution was gone, and a mere dead letter. Mr. Fox then briefly recapitulated the fums, and the different dates at which they were tranfmitted to the Emperor, and then deprecated in very warm language the ftrides the Crown was Baking on the privileges of that Houfe, and on the liberties of the people, in confequence of the vaft increase of the Revenue the creation of a new species of treafon-the cruel punishments of the Courts and the enormous military eftablishments;-and, he said, if to all thefe engines of power the Executive Government could add the command of the appropriation of the public money, we had no longer a fafeguard left for preferving our once boafted Conftitution. He therefore moved, "That his Majefty's Minifters, having authorised and directed, at different times, without the confent, and during the fitting of Parliament, the iffue of various fums of money, for the fervice of his Imperial Majefty, and alfo for the fervice of the army under the Prince of Conde, have acted contrary to their duty, and to the truft repofed in them, and have thereby violated the conftitutional privileges of this Houfe!" Mr. Alderman Combe, in obedience to the inftruction of his conftituents, who had met that day in the Common Hall of the city of London, and had defired their Reprefentatives to cenfure the conduct of the Minifter, in giving away the public money without the con. fent of Parliament, feconded the mo tion. He spoke of the respectability of the meeting, and of the pride ne fhould always feel in obeying the voice of his conftituents, the Livery of London, who almoft unanimously difapproved of the Minifter's conduct on the prefent oc. cafion, independent of the great mifchief it had occafioned in the commercial world. Mr. Pitt now rose. He said, he had to request of the candour of that House to fufpend their judgment on the prefent charge, until they had heard his defence; that, difmifling every previous prepoffeffion, they would inveftigate the true nature and colour of the tranfaczion, and not haftily affix on a public man, like fome members and their con stituents, criminality before they have heard his defence, or become properly acquainted with the subject. The maxim laid down," faid Mr. Pitt," of the right of the Houfe of Com mons to difpofe of the public money, I ad mit without any qualification; that all grants of money for the publicfervice muft proceed from Parliament is an undenia ble propofition; but in point of fact, it would be impoflible to profecute a war, to encounter any emergency, or to provide fuitably for the public fervice, unlefs extraordinaries were allowed. On this point I defire to quote the hiftory. ofthe whole fucceffion of Administrations, from the reign of King William to the prefent period. It will be found, that in proportion to the difficulty of the crifis, and the dangers with which the country was threatened from the ambition of France, it has been found neceffary to encrease the rate of extraordinaries. I reft then the juftification of the practice not on one or two folitary precedents, but on the uniform practice of the government of the country. The power of the House of Commons over the public purfe is not cramped by any rigid, arbitrary, and unvarying rules. It is a power which is guided by a found difcretion, and which admits in its exercife all thofe modifications which are confiftent with a prudent and well regulated ufe of the public money. On this point then I have to defire you to look, not to the recorded book of the Conftitution, but to the un-written law of Parliament, the fpirit and letter of the Conftitution, and to the tenour and context of the whole hiftory of the country. I ftate this in order to fhew how the beft principles of, the Conftitution, if not taken without the due modifications which have been introduced by the wisdom of time, and fanctioned by the practice of the most enlightened and vir tuous Adminiftrations, may be carried te fuch an excels as to condemn every deviation which may be found indifpen fible for the ordinary purposes of Government, and which in particular fituations may not only be neceffary but laudable." Mr. Pitt repeated, that he grounded his defence on the practice now complained of being the unavoidable practice of all his pred cceffors, and he quoted a number of precedents on the Journals that bore analogy to the prefent cafe, in which the moft eminent Minifters in all the reigns from King William to his prefent Majesty, had, when neceffity urged, adopted, without cenfure, mea. fures fimilar to that for which he was now fo violently arraigned. It was in precedents fuch as these, arifing from a zeal zeal for the public fervice (a zeal which either hope nor fear fhould induce him ever to fupprefs) that he refted his defence, for he would not take shelter even under the auspices of the most glorious victories of Auftria. He moreover obferved, that a vote of credit more than twice the fum ad. vanced the Emperor, had been granted Minifters, which he contended was ap. plicable to any fervice the exigency of affairs might require. The money appropriated was of an affignable nature, and came within the fpirit and letter of a vote of credit. He was aware that refponfibility did exift for the difpofal of money fubject to the controul of Parliament. To juftify to the House then the meafure he had adopted, he would appeal to the ftate of affairs when he made the firft diftribution of the money. He had at that time confulted the first commercial men and bodies, who declared that the attempt at that period to negotiate a loan for the Emperor would be attended with the most dilaftrous effects to the country, and occafion a scarcity of fpecie of the moft diftreffing nature; yet the expediency of fome immediate aid to be grant ed to our brave and faithful ally was evident from the then situation of the hof tile armies, from the rapid progress of the French into the heart of Germany, and the unfortunate, though heroic, retreat of the Auftrian army. By it, in part, the turn was inftantaneously given to the tide of affairs, the astonishing victories atchieved by that gallant army, and their rapid purfuit of the enemy, demonftrated the utility of the measure, Who would put nine or even twelve hundred thousand pounds in compe. tition with thefe fucceffes produced by British money? Whatever this country had tranfmitted, it was only lent; but even if it had been given to a much larger amount, the fervice has amply repaid us. Mr. Pitt, after begging the House to view the fubject in the aggregate, and with all its concomitant circumftances, threw himself upon its candour and juf tice, declaring, however, that he had rather fink, under its cenfure (fevere as it would be to him) than have the pain. ful reflection of having facrificed,through timidity, and from fear of perfonal confequences, the interefts of his coun been made of the Vote of Credit, but profeffed a defire that the House should be jealous and watchful upon all appli cations of the public money, as, being the peculiar duty as well as the pri vilege of the Commons. To fecure that privilege, as well as to fhew that the Houfe thought the prefent measure juftified by the neceffity of the prefent cafe, he moved the following amendment:- "That the measure of advancing the feveral fums of money, which appear, from the accounts prefented to the Houfe this Seffion of Parliament, to have been iffued for the fervice of the Emperor, though not to be drawn into precedent, but upon occafions of special neceffity, was, under the peculiar cir cumftances of the cafe, a juftifiable and proper exercife of the difcretion vested in his Majefty's Minifters by the Vote of Credit, and calculated to produce confequences which have proved highly advantageous to the common caufe, and to the general interefts of Europe." Alderman Curtis, Lushington, and Anderfon (the other three Members for the City) faid they should not, like their colleague (Alderman Combe) be guided by the refolution of the Common Hall of Livery, that day, which meeting, they remarked, did not con fift of one-fixth part of the Livery-men but they would vote according to their own fentiments-for the amend ment. The amendment was alfo fupported by Mr. Wilberforce and Col. Gascoigne; and warmly oppofed by Mr. Sheridan, Sir W. Pulteney, Mr. W. Smith, Mr. Taylor, and others. But on a divifion, at half past three o'clock in the morning, it was carried-Ayes 285-Noes 81Majority in favor of the amendment 204. FRIDAY, DEC. 16. After a ballot had taken place for a Committee to try Mr. Tierney's Petition against the Southwark Election, Mr. M. A. Taylor rofe, and complained of a libel upon him in The SUN Paper, purporting to be a fpeech delivered by him in that House, and which the Editor had made the compleateft nonfenfe, for the purpofe of raifing a laugh against him. Though he should not, the first time of his offence, move any profecution against the infulting Editor, he should expect in future the full protection of the House. MARQUIS DE LA FAYETTE. A very long debate now took place on a motion of General Fitzpatrick to addrefs his Majefty to intercede with the Emperor for the liberation of General La Fayette, Meffrs. Latour Mau. beuge, and Bureau de Pufy, who were kept in clofe confiuement in the prifon of Olmutz, as fuch imprisonment was injurious to the cause of the Allies. The General drew a melancholy pic. ture of La Fayette and his companions in their captivity. The right to imprifon them, he faid, could be juftified by no law of any civilized nation whatever. It was as unjust as their treatment had fince been barbarous and cruel. The undeserved, sufferings of Madame La Fayette he painted in the most pathetic terms. After feeing her mother, fifter, and other dear relations, fuffer under the axe of Robespierre, fhe had the fortune to elude with her two daughters the vigilance and fury of the tyrant. Inftantly the flew to the fuccour of her husband, and with fome difficulty obtained an audience of the Emperor, who did not hear her tale of woe without emotion. She asked leave to alleviate her husband's fufferings by fharing his confinement, and hinted a hope of his liberation. To the firft the young Sovereign confented, but faid as to the General's liberation" the bufinefs was complicated-his hands were bound upon the fubject." Here General Fitzpatrick drew a deplorable picture of the state in which The and her daughters found, and continued with her husband in the prifon. Fed on unwhole fome food, in vile cloathing, and in a loathfome cell, her health in three months was left, and The folicited leave to repair to Vienna from Olmutz, for medical affiftance. The Imperial Minifters faid," the might do fo, but it must be on condition of returning to her husband no more." The amiable woman and young females preferred death to fuch terms; on the refined cruelty of which the General failed not to remark; and, obferv. ing that the Adminiftration ofthis country ought to be glad to adopt every meafure to free them from a fufpicion of being parties in enforcing and compelling the rigour of the Emperor, made his motion, which was feconded by Mr. Sheridan. Mr. Pitt oppofed the motion on two grounds: first, as he could not believe ali the fas ftated; and fecondly, as his Majefty had no right whatever to in. terfere with the Emperor refpecting his prifoners, or his promifes respecting them; for as well might any other nation interfere in our private concerns, and with our State prifoners, had we any. He thought it neceffary to observe, the words quoted as fpoken by the Emperor could not apply to this country, and folemnly to declare we had bound him under no obligation or condition. whatever respecting La Fayette. Mr. Fox, with great warmth and eloquence, fupported the motion; Mr. Windham, Mr. Dundas, and others oppofed it. Mr. Windham was particularly fevere on the conduct of La Fayette, throughout his whole life, and feemed to confider him as the fountain and prime agent of the American and French rebellions against Monarchy. He faid, he was the only man, of all that had injured her, that the unfortunate Queen of France, when the arrived at her latter days, declared the could not forgive. Mr. Wilberforce, convinced by the arguments of Mr. Pitt, that this country had no right to interfere with the Emperor in the bufinefs, wifhed the motion to be-to fubmit to bis Majefty the propriety of interfering for the liberation of the prifoners, and on this the House divided-Noes 132-Ayes 52—Majori rity 80. After which the Houfe negatived the original motion. "His Majefty thinks proper to acquaint the Houfe of Commons, that he is at prefent engaged in concerting measures with his Allies, in order to be fully prepared for the vigorous and effectual profecution of the War, if the failure of his Majefty's earnest endea vours to effect a General Peace, on secure and honourable terms, fhould unfortunately render another campaign unavoidable; and his Majesty will not fail to take the firft opportunity to sommunicate the refult of thofe difcuffions to the Houfe. In the interval, his Majefty conceives that it may be of the greatest importance to the common caufe, that his Majefty fhould be enabled to continue fuch temporary advances for the fervice of the Emperor, as may be indifpenfably neceffary, with a view to military operations being prosecuted with vigour and effect at an early pe MONDAY, DEC. 19. Mr. Pitt, in confequence of a Meffage from his Majesty, moved in a Committee of Supply, that a fum not exceeding 500,000l. hould be granted to his Majesty, to enable his Majefty to remit, from time to time, to his Imperial Majefty, fuch fum or fums as might be deemed neceflary for the profecution of the War, fhould another campaign be rendered unavoidable. Mr. Fox, after alluding to the late Supply to the Emperor, and the manner in which the Minifter difpofed of the public money, faid, it was a farce and delufion any longer to think that Houfe had influence or direction over its diftribution. He, and Sir Wm. Pulteney, and Mr. Sheridan propofed different amendments, to do away the effect of the motion, but which were all negatived without a divifion, and the motion was carried. SOUTHWARK ELECTION. The Hon. Edward James Elliot brought up the Report of the Committee appointed to try the merits of the Southwark Election. The Report comprifed five refolutions: ft. That George Woodford Thellufon, Efq. was not duly elected Member for the faid Borough. 2d. That the faid George Woodford Thellufon was not eligible; and there fore that the Petitioner, George Tierney, Efq. ought to have been returned in his ftead. 3d. That the faid George Tierney was duly elected Member for the Borough of Southwark. 4th and 5th. That neither the petition nor the oppofition which had been made to it were frivolous or vexatious. WEDNESDAY, DEC. 21. Mr. Nicholl, after remarking that the remittance of 500,000l. to the Emperor, would at a period, when gold was at fuch a price, that melting 1000 mint guineas produced a profit of 5ol. be attended with alarming effects to our circulating fpecie, moved the attendance of the Governor of the Bank of England at the Bar, to be examined on FAST-INDIA AFFAIRS. fhould never part with the Cape of Good Mr. Dundas, expreffing a hope that we Hope, but hold it for ever, obferved, that in confequence of the navigation laws it was requifite a bill fhould pafs to enable his Majesty to make certain regulations refpecting that colony, for it was the wifh of the Government of this country, that it fhould not be held in the monopolifing manner of the Dutch, who compelled other countries in their traffic with it to numerous impofts and inconveniences-but be open to the trade of all nations, and in its impofts equally impartial to all. He moved a Bill accordingly. The Houfe being then formed into a Committee, the Right Hon. Gentle man again rofe to hate the annual accounts of the revenues and expenditures of the Eaft India Company. He read from papers, the accounts of the receipts and charges (cat up in rupees and pagodas) at the different fettlements; and then combined them with the property of the Company at home and afloat, in one view-the refult of which was, that there was a large furplus of revenue, and the Company's affairs this year were better as to debts and affets 1,240,4901. Much of the profperity of our territo ries in India, and particularly in Bengal, he attributed to the wife and benevolent fyftem which had been established in that province by a Noble Lord (Marquis Cornwallis), and the good effects, of which were daily obferved in the growing happiness and the increafing wealth of that country. There fecurity was now affixed to property, the people were happy in the enjoyment of what they poffeffed, and population increased from the temptation which increased profpe rity held out to people to leave other countries, and to fettle in that. From an increase of population an increase of revenue followed of courfe, because there was a greater demand for every article of confumption in the country. He then remarked, that this year near 400,000l. had been expended, agreeably to the just and humane laws of Parlia ment, in relieving thofe officers of the Company who had long laboured under age, fickness, and infirmity; that the expence expence of our conquests of Ceylon, Batavia, &c. had been defrayed by the Company; and that though from the vigilance of our Navy none of the Eaft India fhips had been captured, yet on account of the war the expences of freight had increafed one million; but, notwithstanding thefe heavy deductions, he ftill hoped the million to be appropriated to the nation would be found forthcoming. Mr. Dundas finally obferved, that the trade of the Company had last year in creafed four millions, and as it was not probable they fhould long have a rival in that quarter of the globe, it was not likely their trade would foon be diminished. Their prefent capital allow. ed them by Parliament to traffic with, would therefore be inadequate, and it must be enlarged. The Right Hon. Gentleman then made feveral motions founded on his statement. Mr.Biddulph, Sir Francis Baring, and Mr. Huffey, made feveral obfervations, tending to fhew that the Company's affairs were not in the flourishing fituation now reprefented; and were replied to by Mr. Scott (Chairman of the Court of Directors). Sir Francis thought the Cape would be an incumbrance to us ; it, he faid, annually coft the Dutch 500,000l. a year to maintain it. Mr. Huffey infifted, it would turn out, that were all the Company's effects convert, ed into money, it would not have enough to pay off all demands; the former he calculated at 6,734,000l. and the latter would amount to 7.780,000l. Mr. Dundas contradicted this ftate ment, and fhewed that the Company had almoft enough to pay their perfonal debts out of their perfonal effects, and if to thefe was added their old property, not only would they be able to pay to the amount of their capital at the end of their Charter, but be a rich fociety indeed, were they to divide the furplus among them, if, he added, they should be fo ili advised as to adopt fuch a de germination. After fome further converfation, the Refolutions were put and agreed to; and the Houfe being refumed, the Report was ordered to be received to-mor THURSDAY, DEC. 22. Mr. Biddulph, understanding that fome important alterations had been made in adminiftering the Criminal Laws in our Provinces in India, moved that copies of the letters from India to the Court of Directors, which refpected Courts of Juftice, fhould be laid before the Houfe. Mr. Dundas and Mr. Pitt opposed the motion, as no reafons had been given upon which it was grounded, as it would be difficult and expenfive to be com plied with, and as the difcuffion of the fubject did not properly belong to that Houfe. The motion was negatived without a divifion. Agreeably to the report made to the Houfe in favour of Mr. Tierney, by the Committee appointed to try the merits of the Southwark Election Petition, that Gentleman took the oaths and his feat. It was agreed that, "I fwear I am a Proteftant," thould be left out of the oath taken by thofe ballotted to serve in the Supplementary Militia. Mr. Sheridan afked Mr. Pitt if he had given up his intended tax on Inland Navigation.-The queftion was of importance to many. Mr. Pitt faid he had no intention of abandoning it; on the contrary, he con. fidered it as a fair tax. Mr. Sheridan hinted that it would meet with no fmall oppofition, FRIDAY, DEC. 23. The amended Supplemental Militia Bill was read a third time. CAVALRY BILL. of this Bill, Mr. Pitt introduced a On the motion for the third reading claufe into the Bill, permitting perfons who could not immediately obtain fubsti own perfons, and the other part by fubtutes to ferve part of their time in their ftitutes when they could obtain them; which condition, he obferved, would upon, as to price, by thofe who meant prevent perfons from being impofed to become fubftitutes. Lufhington, the paffing of this Bill was On the fuggeftion of Mr. Alderman poftponed, in order to afford time for the confideration of an amendment, exempting Poft-mafters keeping horfes for lor of the Exchequer faid, that, though hire from the ballot; but the Chancelhe did not at prefent fee any reason for he had no objection to this thort delay, the exemption proposed. MONDAY, DEC. 26. Mr. Secretary Dundas delivered the following Meffage from his Majesty : GEORGE R. "It is with the utmost concern that his Majefty acquaints the House of Com, mons, |