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very point, upon which, as it now appears, our Government was refolved at length to make a ftand, was full in view, and to be speedily brought to a decision: with regard to this refolution, as it had been fo unanfwerably argued by his right hon. Friend (Mr. Grenville), and as a reply to his ftatement-if reply there could be-yet remained to be offered on the part of Minifters, he would not detain the House by entering into any additional argument. He would content himself with expreffing his firm perfuafion that the prefent Ministers of Great Britain were the first statesmen who ever imagined that the most likely way of bringing to a happy conclufion any point upon which they intended to make a stand, was to put previoufly out of their hands all collateral means of prefling it to advantage; that when, from the beginning, they were determined to take their ftand upon the article of Malta-not to furrender Malta directly to France, nor under any arrangement but fuch as thould provide effectual fecurity against France obtaining poffeffion of it; when with this determination, they forefaw, as they muft have forefeen, that the First Conful was bent upon prefling the evacuation of that ifland under circumflances which could not fail to place it within his grafp; and when fo determined, and fo foreseeing, they had thought it right (for no matter what reafon) to retain the Cape, or any other poffeffion which had efcaped the general furrender, it did feem to him to be the very height of inconfiftency, weakness, and improvidence, not to have turned this poffeffion of the Cape to the obvious advantage of which it was capable, that of making it tell upon the fettlement of their other difputes, and fpecifically upon that of the difpute refpecting Malta. All the evils, whatever they were, attending the recapture of the Cape they had already incurred. They had by this act rivetted Holland in the chains of France. But having done this, having enfured all the mischief arifing from their own act, that they thould wantonly throw away all the poflible good, implied a degree of folly utterly irreconcileable with the character and conduct of any Ministry, except that whose mistakes and mifmanagements were the fubject of the refolutions now before the Houfe. This only was wanting to haften the war, which their previous neglect of their obvious: duty, and furrender of the honour of the country, had, perhaps, already rendered unavoidable. It was to throw away the only remaining chance of an adjustment, the only means for the prefervation of peace with fafety, which their for-

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mer profufe conceffions had left for a moment in their hands.

Subfcribing, therefore, as he most cordially and implicitly did, to the truth of every allegation contained in the refolutions to which he had referred, Mr. Canning faid, he could have no helitation in giving a hearty allent to that which was the natural and inevitable inference from the foregoing, the refolution which afferts, that by thefe inftances of mifconduc the Minifters had proved themfelves unworthy of the confi dence of Parliament, and incapable of adminiftering the public affairs to advantage at a crisis of fuch difficulty and danger. In his confcience he fully fubfcribed to, and adopted, the averment of this reflution alfo; and with all the folemnity which he felt to belong to fuch a declaration, he declared in the face of that House and of the country, that he did not think the country fafe while the administration of its affairs was fuffered to continue in fuch hands.

This, Sir, (faid Mr. Canning) is the opinion, which I confcientiously entertain; which I have not formed lightly, but upon the best confideration, that I am capable of giving to a fubject of the highest and most awful importance; and which having thus formed, and being thus convinced of its truth, I cannot confent to abandon, or to abstain from affirming by my vote. To give this vote, I muft, in the first instance, vote against the previous motion of my right hon Friend (Mr Pitt), It is with infinite pain that. I do fo. But if all the pain which I feel in being compelled to take a courfe fo new to me, is not fufficient to withhold me from the difcharge of what I confider as an indifpenfible duty, it is not likely that I should be deterred from it by other confiderations, which have been adduced this night, to deter Gentlemen from exprefling what they think of the incapacity of the prefent Adminiftra ion. It has been imputed by more Gentlemen than one, and among others, in a particular pointed manner by an hon. Baronet (Sir Theo. Metcalf) who fits near me, that thofe only with to difplace the prefent Minifters, who look for power, or. emolument, or honours, from 'heir removal. I am truly forry that the hon. Baronet thould have been perfuaded to join in this trite and vulgar cry, becaufe I thould be oth that any thing I may fay thould hurt his feelings, or dero, gate from the refpect to which I believe his character to be entitled. But one general remark I mult make, in answer to thefe imputations, that I believe, thofe only to be capable of feriously imputing fuch-motives of conduct to others, who

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are conscious of being actuated by fimilar motives themfelves.

Lord Caftlereagh impreffed upon the House the very unpleasant situation Minifters would be in, were fuch a charge as that preferred, fuffered to remain hanging over them. It would be impoffible for them to ferve the country with the energy requifite, unless their conduct were placed past all doubt. Moderate talents and good intentions, fupported by the confidence of Parliament and the country, were infinitely preferable to fuperior talents not fo fupported, and which, in that cafe, could only exhibit a picture of feeblenefs, which might occafion the empire to perish in their hands.

Mr. Ahton was against the order of the day and the pro-. pofitions, and defended the conduct of Minifters.

The Mafter of the Rolls, in a thort argumentative speech, defended the conducted of Minifters, and oppofed the previous question, because the fair way was to come to a deci five vote. He faid it was unfair to try the conduct of Minifters on the principles of those who oppofed the treaty of Amiens. The part of Minifters in concluding the peace was arraigned, and on the fame grounds their endeavours to preserve it. Minifters fhould be tried on the principle recognifed and approved by almoft the whole nation, that it was fit and proper to endeavour to put an end to the war.

Sir R. Peele difapproved of the conduct of Minifters fince the definitive treaty, and was for the refolutions. He faid, that towards the latter end of the last glorious war, Ministers had received the national firm of army and navy in the best condition, but fince that time a great part of the army had been disbanded, and the ftrength of the navy had been allowed to fall away. He did not think that Ministers were adequate to the prefent crifis.

The Secretary at War called for a decifive vote, on the fame grounds with his colleagues. He faid that the militia, and a certain portion of the army had been disbanded on peace; but he faid that the military force of this country was never in a better state than it was at prefent. He defended the conduct of of the Admiralty. He showed that we had a naval force in every quarter fuperior to the enemy; and in Europe fuperior to that of the French by a much greater proportion than had ever happened on the breaking out of any war.

Mr. John Claudius Beresford, adverting to the conduct of France, obferved, that at the moment when the Govern

ment

ment of that country was complaining of libels published in this country against France, a fet of traitors were, encouraged and paid, at Paris, and a paper, entitled The Argus, actually fet up for the exprefs purpofe of calumniating this country, and endeavouring to ftir up rebellion in Ireland. He cenfured the conduct of Minifters, and fupported the motion of Mr. Pitt.

Mr. Lee commenced an able argument in fupport of Mini. fters, but the Houfe became clamorous for the question. The hon. Member concluded with contending, that the war was a war of aggreffion on the part of France, and was, therefore, on our part unavoidable.

Mr. Shaw Lefeve faid it was the bounden duty of the Houfe to decide the point before it should feparate: "for what," said he, "is an adjournment but a continuation of torture?" (Loud laugh; and a loud and univerfal call for the quefiion)

Colonel Eyre, Mr. G. Vanfittart, Lord Dunlo, and Mr. Leigh, were against the propofitions.

The Houfe then divided

Ayes (for the order of the day)
Noes (against it).

56

333

The Houfe then refumed; Mr. Pitt and feveral of his friends immediately went out; and afterward the question was put on the original motion.

Mr. Fox faid, that it was not his intention to vote for the refolutions, though, at the fame time, it was impossible for him to approve of the conduct of his Majefty's Ministers. He had expreffed his opinion upon a former occafion, and he conceived that the time was paft for moving a vote of cenfure upon their conduct upon the prefent fubject, Yet he hoped that what had occurred would be a warning to them how they kept the House in future in the dark to the last moment. Mr. Fox concluded by paying fome warm compliments to Mr. T. Grenville upon his masterly speech, and by faying that he could not agree to a vote of cenfure, because he did not know but that the fucceffors of the prefent Ministry might be more objectionable to him than the prefent,

Mr. Wilberforce faid a few words; after which the House loudly called for the question, and a divifion took place upon the original motion of Colonel Patten :

For it,

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34 | Against it, 275. Mr. Fox and several of his friends retired without dividing, Adjourned.

HOUSE OF LORD S.

MONDAY, JUNE 6.

CONVICTIONS BY JUSTICES OF PEACE.

Lord Sheffield faid, he fubmitted for their Lordships' confideration, a bill intituled, "An Act to regulate the forms of convictions by Juftices of the Peace, and to render fuch Juftices more fate in the execution of their office."-In refpe&t to convictions, he obferved, the principle of the bill had been adopted in every inftance where a fummary jurifdiction was given during the last 40 or 50 years. He withed the fame principle and advan age to be communicated to the statutes of the fame nature paffed previously to that period, and he flattered himself, that, with the affiftance of the Houfe, it might be rendered generally useful. He observed, it was well known to their Lordthips, that Juftices were originally merely confervators of the peace, and that in a courfe of time an infinity of other bulinefs has been impofed upon them. Not a feffions paffed which did not add fome new duties, and, unfortunately for them, among the reft a fummary jurisdiction, in those cafes where the expence of the common law would prevent the punishment of offences. It must be admitted at the fame time, that in very many cafes, were it not for fummary jurifdictions, it would be impoffible to give effect to the laws of the country; but the Juftices are required, under a penalty, to draw up a conviction, and it must be according to the form prescribed by the common law, that is, a complete technical record of the whole proceeding. Thefe convictions being attended with great difficulty, the ends of public justice were defeated, and the Legislature found it necellary, during the laft and the present reign, to annex a peculiar and much fhorter form of conviction to those statutes which gave a fum. mary jurifdiction; but in refpect to laws paffed previously there is no provifion, and it is become a maxim, that not one conviction in a thoufand, if attached, could ftand; and he knew the cafe where, after upwards of thirty years experience, when application was made to refpectable Members of the law to draw up a conviction, they agreed in the opinion that has just been stated, namely, that not one in a thousand would ftand if attached; and where a barrister of diftinguished talents and experience in fuch matters was confulted, he said, scarce an attorney in England could draw up ■ conviction, and that none but a fpecial pleader was ca

pable

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