was to the degraded state in which the commons of Great Britain stood relative to the executive govern. ment. He alluded, he faid, to the 1,200,000l. granted to the emperor without the confent of parliament; a grant contrary to poftive laws, and a flagrant violation of the conftitution of parliament. From the mode in which the money had been given, it was evident that the whole affair had been conduct ed for the purpose of setting a precedent in the annals of the conftitution, that it might be understood the public money was not at the difpofal of the reprefentatives of the people, but of the minifters of the crown. But he would confider the nature of the tranfaction. Had minifters, when parliament was not fitting, found themfelves called upon by an imperious fenfe of duty, dictated by urgent and unforefeen circumftances, to grant a certain pecuniary aid to the emperor, and had they taken the earliest opportunity upon the meeting of parliament to fubmit the whole of the bufinefs to their confideration; then would have been the time for the house to have paffed a decifion upon their conduct; but the prefent cafe was wholly different. In the course of the last three months of the last parliament, repeated applications were made to them refpecting their intentions of granting or with-holding pecuniary affift-, ance to the emperor; and from the filence which they perfevered in preferving on the fubject, it was natural to infer, that they would not grant it without the previous concurrence of parliament. But we now find a great part of the money had been granted to his imperial majefty without that concurrence, not during the parliamentary ecefs, but when parliament was

actually fitting. Why was not proper application made to the house? It was, because the right honourable gentleman fancied himself better qualified to judge of the propriety of the time, and the extent of the affiftance, than the houfe of commons.

The conftitution fays he was not; it fays, that the public money is at the difpofal, not of the crown, but of the parliament; and therefore he had no right to difpofe of it without its confent. The question now was, not whether the conftitution be good or bad, whether this be a wife or unwife arrangement, but it was his duty, as the minifter of a free conftitution, to adhere to the principles which it had laid down, and to the rules which it had prefcribed; the first, and most important of which was, that the difpofal of the public money is vefted not in the king, but in the people. Something, indeed, we heard like an apology from the right honourable gentleman; but it was as unfatisfactory, as the conduct it was brought forward to justify was unconftitutional. It confifted of two parts: first, that parliament was not fo good a judge as himfelf; and, fecondly, that from the difcuffions to which the publicity would lead, confiderable mifchief might have taken place. With refpect to the first, it takes the point for granted, by fuppofing that an abfolute is preferable to a limited monarchy, and that our free conftitution would be much better were it transformed into a defpotifm: and as to the other, of danger from its publicity, this pretence may be ufed till we come to the old exploded argument, that the granting of money ought to be vested in the king's minifters, not in the people's reprefentatives. In fhort, con

tinued Mr. Fox, the right honourablé gentleman tells us, that he did not think it worth while to acknowledge you at all in the matter, becaufe you were not fit judges of the propriety of the quantum, nor of the period for granting the for granting the money: he takes care, however, that you fhall be finally informed of it but when? when it comes to be paid.

But from what fund had this loan been raised? one part of it from a vote of credit, and another had been taken from the money voted for defraying the extraordinaries of the year; and of courfe certain fervices, of which parliament had approved, and for which it had made provifion, must remain unpaid. In what fituation then was the house of commons placed? If they refused to make good the debt, which he hoped and trufted they would, part of the public fervice would continue in arrears. They were reduced then to this dilemma, either to discharge a debt, in contracting which they were not acknowkrged, and for which they were not refponfible; or, by refufing to discharge it, to leave fervices which were fanctioned by their approbation, unpaid. Should the question be put to any man at all acquainted with the conftitution of this country, when expences are to be incurred, who are the beft judges of the propriety of incurring them, he would anfwer, the commons of Great Britain. Who are the best judges of the extent to which they ought to be incurred? He would not hesitate alfo to reply, the commons of Great Britain. When these two ftrong holds were given up, the conftitution was loft. What then would pofterity think of that minifter who had wrefted them out of our poffeffion, or of

that parliament which had tamely given them up without cne fyllable of remonftrance, without one threat of defiance? It was true, the houfe had so far relaxed from the rigor. ous exercise of their privilege, as to give a vote of credit to the mi nifter that he might be enabled to meet unforeseen emergencies; this, however, was always to a limited extent; but, in the prefent inftance, the right honourable gentleman had thought the commons were as little qualified to judge of the extent of the affiftance to be given to the emperor, as of the propriety of giving it. With regard to this parliament, Mr. Fox hoped, that it would vindicate its own dignity and importance at the oufet, and fhew the ministers of the country, that if they be the advifers of the measures of the crown, the houfe of commons are the guardians of the public purfe. But if, on the other hand, they patiently acquiefced in the most daring encroachments on their rights, how would they answer to their country for thofe liberties which they had wantonly facrificed at the fhrine of unprincipled ambition? He confidered it as a more serious attack upon the conftitution than what was conveyed through the writings of Paine, or of any man whatever. Were I (faid Mr. Fox) upon a jury, deciding upon the fpeech of the right honourable gentleman laft night, I fhould pronounce it a libel upon the conftitution; for if the doctrines laid down in it are conftitutional, ours is a moft vile and deteftable contiitution. Even after all the attacks which have been made upon it, we would ftill fhed our blood in its defence; but if this new defalcation is to be added to what we formely were robbed of, what is there left to intereft our C 3 feelings,

feelings, or to ftimulate our exertions? This will be an incalculable addition to all the woes and cala, mities which the war has induced; and if, after all that we have loft in money, in reputation, and in blood, we are alfo to submit to this oppreffion, the houfe of commons is no longer to be confidered as a branch of the conftitution, and there will be, little in our government to diftinguish it from that of abfolute monarchies.

Mr. Pitt replied, that thofe people who had never before had an opportunity of hearing the fpeeches which the right honourable gentleman had been accustomed to pronounce, the cry of alarm which he often had been pleased to raife, and the deftruction of our liberties which he had often affected to see, would fuppofe this had been the first time in his life that he had felt real apprehenfion for the conftitution of his country.

Mr. Pitt wifhed it to be obferved, that the right honourable gentleman did not merely propofe a reprobation of the particular meafure, nor the punishment of the guilty minifter, but a fufpenfion of thofe fupplies which were calculated to give confidence to the negotiations of peace, or energy to the operations of war; and by giving a negative to the whole refolution, to tell the enemy, by the very next post by which the unanimous determina tion of parliament would be conveyed, that the house of commons had interfered to flop the effects of their former decifion, had fufpended the means which were to add weight to the exertions of the executive government, and at fo critical a moment of the negotiation had committed the interefts of this country and her allies, and Aattered the hopes, and raised the pretenfions of the enemy.

Although the general principle which the right honourable gentle. man ftated as the effence of the freedom of the conftitution were admitted, it was fubject to limitation; at every period fince the commencement of thofe times to which we refer for the pure practice of the conftitution, in the best and moft glorious eras of it, the principle of extraordinaries had been received; not merely for individual expences, but recognized upon general views. Did it never occur to the right honourable gentleman that parliament had fometimes committed to his majesty not new but fpecial powers, which fuperfeded all general questions? Mr. Pitt faid, that he intended to move that his majesty's meffage of the 8th of December last year fhould be read, and likewise the act granting a vote of credit: from this it would appear, that a power was given to his majefty to apply the fum contained in the vote of credit as the exigencies of the ftate might require. Suppofe that powers had been conferred to give that affiftance to the allies of our country, which our own intereft and the circumftances of the state required, Could any man doubt that the minifter who fhould have hesitated to iffue the fum, which, granted, would have defended the fafety of Europe; could any man doubt that he would have been a traitor to his country, and merited the fevereft punishment? The vote of credit did actually inveft the executive government with a diferetionary power of applying the fums granted in a manner beft fuited to the public exigencies; and the money applied to the fervice of the emperor was within that grant. He did not mean to fay, that the difcretion thus vefted in the crown was abfolute, and independent of

the

the controul of parliament, or that the minifter who exercifed it improperly was to be exempt from cenfure; but in what manner he understood this limitation, he would ftate when called upon to make his defence.

The question, however, now, was not whether minifters had acted properly, or improperly; it was, whether the houfe (hould announce to France, that the fupplies of the year were to be stopped, and the exertions of the executive power fufpended.

Mr. Fox ftated, in explanation, that he had only faid that extraordinaries were, in fome meafure, inevitable, but were an evil not to be extended beyond the neceffity, and that it was criminal to refort to this expedient when other means might be employed.

Sir William Pulteney declared, that it was with much concern and aftonishment he heard, that the minifter had taken upon him to appropriate fo large a fum of the public money without the confent of parliament. The controul of the house of commons over the public purfe was the main point upon which refted the whole of the conftitution of Great Britain; and though Mr. Fox might be accuftomed to ufe ftrong language, yet this was a cafe which every man must feel to be of the laft importance. The juftification offered by the chancellor of the exchequer was chiefly grounded on two arguments, drawn from the words in which the vote of credit must be granted in every year of a war. Firft, that it was meant to defray the extraordinary expences of the year. Undoubtedly it was, and unfortunately it happened, that extraordinaries and a vote of credit must be granted in every year of a

war: but, furely it never was intended that fubfidies to foreign powers fhould be fupplied by a vote of credit. New circumstances might occur to render it proper for minifters to exercife their difcretion; but here the circumstances were foreseen, and had been laid before parliament; the discovery that this fum had been advanced came out in a very fufpicious manner indeed; it could no longer be concealed; there feemed to have been a defire of concealing it as long as poffible, and a disclosure was only compelled by neceffity. He could not however go to the length of ftopping the fupplies, though he was of opinion that a very strong mark of cenfure ought to be inflicted by the house. As to the influence a parliamentary fanction to this measure might have had upon public credit at an earlier period, he thought it too trifling a confideration to weigh against the fundamental principles of the conftitution, and with regard to the credit which the minifter affumed for acting advantageoufly when he concealed from the enemy the intention of affording fupplies to our ally, he confidered that concealment as having a very different effect; for it was, in a great measure, on the fuppofition that this country refufed all pecuniary fupplies to the emperor, that the French were emboldened to make redoubled efforts, and advance fo far into the heart of Germany. The right honourable gentleman had asked, whether, in order to pafs a previous cenfure on this conduct, the house would adopt the propofition of Mr. Fox, and, in this critical emergency, ftop the fupplies of the nation? It was this dilemma which aggravated the misconduct of the minifter, who put the house in that C 4 fituation,

fituation, that it muft either acquiefce in an expenditure made in fo blameable a manner, or bring danger on the country by ftopping the fupplies, and afford fome room for a charge against national faith. He trufted that this proceeding would not pass the house without receiving ftrong marks of difapprobation; and he hoped it would never witnefs in future a fimilar violation of the principles of the conftitution.

Mr. Grey expreffed his furprife and indignation at what he termed the defperate measures of the minifter, in an animated fpeech. Had the houfe, he faid, perceived fooner the danger which threatened the conftitution, the prefent measure would never have been attempted; and if their obfequioufnefs and fervility had not encouraged the defign of minifters, they never would have feen this bold and daring invafion of their rights.

How muft the aftonishment and difpleasure of the house be encreafed when they found, that, when parliament had been fitting, when the embarraffment government had felt for money was fo great, these advances had been made! nay, at the very time when he himself had afked Mr. Pitt, what he intended as to an Auftrian loan, very confiderable advances had been made, and only 77,000l. had been given during the recefs of parliament. Such was the fact proved by the dates in the account on the table.

"I am aware (continued Mr. Grey) that the right honourable gentleman will reft his defence on the general principle of army extraordinaries; that he will tell us a cafe of real exigency must and ought to fuperfede the interior demands of economical, or even legiflative, prudence. But I reply, that no financial exigency can be pa

ramount to the constitution, that no duty is fo facred as its fupport : true, its moft vital parts have been attacked, and their vigour effentially crippled and destroyed, but it is neverthelefs incumbent on the friends of order to uphold what remains of it, and ftruggle for the reftoration of fuch of its fundamental elementary attributes as have been either fubverted or abused. The exiftence of the conftitution, in fact, depends on the vigilance of a difcerning houfe of commons refpecting the acts of minifters. Such a houfe will not be satisfied on great conftitutional queftions with pompous declamatory denunciations of the oppofers of minifterial arrogance, or the foes of minifterial profufion: it will not be fatisfied with retrofpective and unconftitutional meafures of any kind, but will in every fituation evince, by the conduct of its members, that there is ftill a barrier to encroachments, a line beyond which not even his majefty's minifters can extend their predatory efforts. In the prefent cafe, it cannor for a moment be argued, that it was not the duty of minifters to come forward with a specific propofition, foliciting the advice and concurrence of the reprefentatives of the people before the money of the people was applied in a way that muft fubject them to be affefled with new and extraordinary burdens. That the public money was thus applied, is evident; that the conftitution was infringed, is equally fo; but the right honourable gentleman has told us, that the fum advanced to the emperor was advanced under circumftances, and at a time, when it was neceffary that the exception fhould be adopted.

"Thus he takes the exception, and argues from the neceflity of the cafe. We might in the fame way