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400

PROCEEDINGS of the POLITICAL CLUB, &c. Sept.

directions we gave him last feffion? If he can fhew us good reafons why he did not, he will ftand acquitted as to this charge, even tho' he fhould be afterwards found guilty of injuftice both as to the election and return: If he fhould not be able to A fhew us any good reafons for fuch a delay, he will ftand condemned as to this charge, and will certainly be punished for it, tho' it fhould afterwards be found, that he had faithfully done his duty both as to the election and return. The order we B made, or the directions we gave last feffion, may therefore be compared to a rule of court made by any of the courts below, in a caufe then depending before them; and when any fuch rule is made, the court may, furely, before the hearing of the C caufe, inquire whether that rule has been complied with. Nay, it is incumbent upon the court to do so, when there is a vehement fufpicion, or a ftrong appearance of neglect.

E

This, Sir, is our cafe at prefent; and therefore, we cannot now be faid D to be acting the part of a court of inquifition: We are not fifhing for crimes or for informations: Quite the contrary, we are fifhing for innocence: An offence feems to have been committed: A particular gentleman feems chargeable with that offence; and we are going to give him an opportunity to fhew his innocence. He has already, by way of defence, informed us of a very material fact: Ought not we to inquire into the truth of that fact? Can we inquire into the truth of it, without F knowing the names of the perfons charged with it? And if upon inquiry it fhould be found to be true, and we fhould punish the offenders, can it any way injure the petitioners? Sir, fuppofe we fhould find, from the information of the high-bailiff, G that fome perfons had protracted the election by an affected delay, does that prove, that he did not protract it for gain, as the petitioners alledge?

Not at all, Sir; for both may be true: Nay, probably, both are true: The election was perhaps a good milch cow for fome of the agents, as well as the returning officer, and both refolved to milk her as long as they could.

Therefore, Sir, as the queftion now propofed to be put to the highbailiff can no way injure the petitioners, or in the leaft affect the merits of the election or return; and as it relates to a fact, which we ought to inquire into as foon as poffible: I hope, it will be put to him before we proceed to any other business.

Upon this L. Lucretius Flavus food
up, and spoke to this Effect.
Mr. Prefident,
SIR,

hope the Hon. gentleman who

was one of those who never was furprifed at the tedioufnefs of the Westminfter election; and indeed, I never did fufpect that it was any way unneceffarily delayed, till I heard the petition this day prefented. Confidering that the right of voting for that city was never yet determined by this house, and the vaft number, as well as various kinds of perfons that pretend to a right of voting, I forefaw, that when the election was fo ftrenuously contefted, and the contending parties fo equally matched, the fcrutiny muft take up a very long time, before the high-bailiff could make a return with any knowledge or juftice; for I was too well acquainted with the unavoidable tedioufnefs of all difputes, that depend upon the proof of a great number of facts, to imagine, that fuch a fcrutiny could be ended in a few days, or even a few months; therefore the high-bailiff's delay in making the return, was with me rather a prefumption that he was refolved to do impartial juftice, than that he protract

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1751. PROCEEDINGS of the POLITICAL CLUB, &c. 401

A

ed the election either for gain, or With impartial people without from any other unjustifiable motive; doors, it will be in vain, Sir, to and confequently, if he had not been plead the order made laft feffion, as accufed, Ifhould never have fufpect the caufe of our proceeding in fuch ed his being guilty of any offence. a manner. That order was to all This, Sir, being my way of think- appearance duly complied with being, I cannot be of opinion, that fore this feffion began, and no comwe have any reason for inquiring in- plaint of any breach of it till this to the high-bailiff's conduct, except day that the petitions were lodged. that which is founded upon the charge It will therefore be thought very ex contained in the petitions now be- traordinary in us, to call upon the fore us; and that charge we cannot high bailiff, after he has been thus certainly make the leaft inquiry into, accufed, to accufe others; and ftill before the day we have already ap- B more extraordinary, to proceed to pointed for that purpose. I fhall hear the fecond complaint before we moft readily grant, Sir, that we have have heard the firft, especially as the a right to have a return made, as foon day appointed for hearing the first is as poffible, to every writ issued for fo near at hand. This can never be chufing the members of this house ; warranted or juftified by the practice and that, when an unreasonable delay of any of the courts below; for is made, we ought to inquire into it, C when a rule of court is made, they even tho' no complaint be lodged a- never inquire how it has been com gainft that delay; but when a petiti- plied with, unless it appears not to on has been prefented complaining, have been complied with, or a comamong other things, of that very plaint be lodged by fome party condelay, and a day actually appointed cerned, that it has not been duly for hearing the matter of that petiti-complied with; and even in that on, I must be fo free as to fay, that Dcafe, if it relates to the hearing of an inquiry fet on foot before that the cause, they put off hearing the day, and without the privity of the complaint, till the caufe comes on to petitioners, looks more like a defign be heard. to defeat juftice than inflict punishment; and if we proceed, I am afraid, this will be the remote confequence, whatever may be the immediate defign; for I am far from thinking, that the noble lord who made this motion, has any such defign: But if this fhould be the confequence; if the petitioners fhould be by our method of proceeding fo intimidated or difcouraged, as to withdraw their petitions, and the returning officer, of whom they fo heavily complain, escape all punishment or cenfure, whatever we within doors may think, the people without doors will all conclude, that this extraordinary method of proceeding was defigned to defeat juftice, and to screen a publick criminal from punishment; which, I am fure, can no way add to the honour or the authority of this assembly.

September, 1751.

F

The Hon. gentleman was pleased to fay, Sir, we are not fishing for crimes or informations, but for innoE cence: Whofe innocence can we be now fifhing for? It is evident from what I have said, that by the nature of the cafe the high-bailiff cannot ftand accufed of any breach of our order, or of any offence; he flands accufed only by the petitions now before us, and as to his innocence with respect to that accufation, we can fifh for it no way but by giving a speedy and impartial hearing to thofe petitions. I therefore cannot comprehend why he was ordered to attend: Surely, it was not to be examined as a witnefs in his own juftification: Can he be deemed a legal evidence for that purpofe? An eminent and a very honeft judge once faid, he would not trust himself with Eee

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402 PROCEEDINGS of the POLITICAL CLUB, &c. Sept.

Perhaps it may then be found, as the Hon. gentleman who spoke last fuggefted, that the agents for both candidates, as well as the returning officer, protracted the election for gain; but the offence was much more heinous in him than in them, because his making any gain was exprefsly against law, and contrary to his duty, whereas they might honeftly and lawfully take a reward for their labour and attendance. Befides, if they were guilty of any affected delay, in order to inhance their gains, it was his duty to prevent it; and ever fince the 23d of February last he was armed with the whole power of this houfe for that very purpose. Therefore, if they were all guilty of fuch an offence, he was the princiC pal, they were but acceffaries: Will you try the acceffaries before the principal? And if you are not now to proceed to trial, why fhould you now defire to be informed?

B

an illegal evidence; because even an
honest man might be prejudiced, with-
out knowing it, by the artful tefti-
mony of fuch an evidence. Shall
we then examine a witnefs that all
the world must allow to be illegal?
But if he was not called for this pur- A
pofe, what elfe could he be called
for? I hope it was not to accufe
his accufers: If it was, he ought
not to have complied: It would
have been but modelt in him, to
have told us, that the delay of the
return proceeded from the nature of
the election, and the multitude of
perfons whofe right of voting was to
be inquired into; and he might have
added, that as to any other cause of
delay, after he had juftified himfelf
as to the accufation brought against
him by the petitioners, he would
fhew, that it proceeded from others
and not from him. This, I fay,
would have been but modeft, and
what, in my opinion, a man truly
innocent would certainly have cho-
fen But fince he has been pleased
to take another method: Since he
has fet out with accusing his accufers,
or the friends of his accufers, I will
fay, that, if we allow him to go on,
we are fishing for crimes and infor-
mations, and that in as foul a chan-
nel as ever they were fished for.

D

A noble lord was pleafed to fay, E Sir, that the houfe has yet no reafon to fuppofe, that he will charge his accufers, or the friends of his accufers, with the offence he has mentioned. Sir, whatever that noble lord may have reason to fuppofe, I am perfuaded, there is not a gentleman F in the houfe but expects, that his charge will fall upon fome of the agents for the petitioning candidate, and very probably upon fuch as may be the moft material witnelles against him at the hearing. Whether they were guilty or no, it is not my busi G nefs to inquire; nor can it, I think, be the bufinefs of the houfe, till the comes regularly before us.

matter

In fhort, Sir, we are got into an affair, which, to fay no worse of it, has, in my opinion, a very bad afpect, therefore the fooner we get out of it, the better; for which reason I fhall most heartily concur in the motion for the order of the day. [This Journal to be continued in our next.]

N. B. As we have fo often declared,

that we publish only the fpeeches fpoken upon queftions in the Political Club *, we cannot conceive what the envious and malicious publifher of a certain foolish and trifling Magazine means; for we are very fure, he has no authority to fay, that any fpeech we publifh, is a falfe account of what was faid in the Political Club; and we do not pretend to reprefent any thing else. He may, if he pleates, begin again to amufe his Lilliputian readers with the debates of his Lilliputian fenate, without any notice from us; and he will find himself disappointed,

See preface to Lendon Magazine for 1743; and fee London Magazine for 1748, P, 353.

if

$751. The true MAN if he expects to draw us in to puff his Magazine for him, by anfwering every ridiculous remark he may think fit to make on what we publish in our Magazine, which flourishes without any art, but might be blafted by the con- A tagious breath of his panegyrick.

From the INSPECTOR, No. 159. A LETTER from a NOBLEMAN to bis SoN.

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of PLEASURE.

403 neceffary ingredient in the compofition of a fine gentleman, and a man of pleafure; and accordingly I plunged into it without defire at first, and made my felf folidly uneasy by it for 30 the best years of my life. I was even abfurd enough, for a little while, to fwear, by way of adorning and compleating the fhining character which I affected; but this folly I foon laid afide, upon finding both the guilt and indecency of it.

Thus feduced by fashion, and B blindly adopting nominal pleafures, I loft real ones. My fortune impaired, and my conftitution fhattered, are, I must confefs, the just punishments of my errors: Take warning then by them; chufe your pleasures for yourfelf, and don't let them be impofed on you; follow nature, not fashion; weigh the prefent enjoyment of your pleasures against the neceffary confequences of them, and then let your own common fenfe determine your choice.

C

The character which moft young men firft aim at, is that of a man of pleasure but they generally take it upon trust, and instead of confulting their own taste and inclinations, D they blindly adopt whatever those, with whom they chiefly converfe, are pleased to call it, which, in the vulgar acceptation of that phrafe, means only a beastly drunkard, an abandoned whoremafter, or a profligate fwearer and curfer.

F

As it may be of use to you, I am not unwilling, tho' at the fame time alhamed, to own, that the vices of my youth proceeded much more from my filly refolution of being what I heard called a man of pleafure, than from my own inclinations. I always naturally hated drink. ing, and yet I have often drank with difguft at the time, attended by great fickness the next day, only becaufe I then confidered drinking as a neceffary qualification for a fine gentleman, and a man of pleasure. G

The fame was the cafe as to gaming; I did not want money, confequently I had no occafion to play for it; but I thought play another

Were I to begin the world again with the experience I now have of it, I would live a life of real, not imaginary pleasure. I would enjoy the pleafures of the table and of wine, but ftop fhort of the pains infeparably annexed to an excess in either. I would not at zo be a preaching miffionary of abftemicufnefs and fobriety: I would let other people do as they would, without formally and fententiously rebuking them for it; but I would be most firmly refolved not to destroy my own faculties and conftitution, in complaifance to those who have no regard to theirs. I would play to give me pleasure, but not to give fie pain; that is, I would play for trifles in mixed companies, to amuse myfelf, and conform to custom; but I would take care not to venture for

fums, which if I won, I fhould not be the better for, but if I loft, fhould be under a difficulty to pay, and when paid, would oblige me to retrench in feveral other articles : Eee 2 not

404 Pernicious EFFECTS of GAMING.

Sept.

not to mention the quarrels, which friendship and alliance, when he deep play commonly occafions. I faw the captains and fenators of would pafs fome of my time in that city playing at dice, returned reading, and the reft in the com- home without doing any thing, pany of people of fenfe and learn- faying, That he would not fo much ing, and chiefly thofe above me : fully the glory of the Spartans, And I would frequent the mixed A as that it fhould be faid they had company of men and women of made a league with gamefters. afhion, which, tho' often frivolous, Hence it should feem, this honeft yet unbends and refrefhes the mind, heathen took every man addicted not ufelefly, because it certainly po to gaming for a fool or a knave, Jifhes and foftens the manners. and therefore refolved to have no dealings with fuch, as neither character could be depended on.

These would be my pleasures and amufements, if I were to live the B laft 30 years over again: They are rational ones; and moreover I will tell you, they are real and fashionable ones; for the others are not in truth the pleasures of what I call people of fashion, but of those who only call themselves fo. Does good company care to have a man reeling drunk amongst them? Or to fee another tearing his hair, and blafpheming, for having loft at play more than he is able to pay? Or a whoremaster, with half a nofe, and crippled by coarfe and infamous de D bauchery? No; thofe who practife, and much more those who boast of fuch pleasures, make no part of good company, and are most unwilLingly, if ever, admitted into it.

The pernicioufnefs of gaming was fo well understood by the grand impoftor, Mahomet, that he thought it neceffary to prohibit it exprefly in the Alcoran, not as a thing in itself naturally C evil, but only morally fo, as it is a ftep to the greatest vices: For whilft we captivate ourselves to chance, we lofe our authority over our paffions, being excited to immoderate defire, exceffive hope, joy and grief; we ftand or fall at the uncertain caft of the dice, or the turning up of a card; we are flaves to the feebleft wishes, which, if they fucceed not, we grow furious, profligate and impious; banishing all prudence, temperance and juftice, we become impudent, and fit for the blackest crimes. Hence the cheats, the quarrels, the oaths and blafphemies among the men: And among the women, the neglect of houshold affairs, the unlimited freedoms, the indecent paffion; and, laftly, the known inlet to all lewdness, when, after an ill run, the fair one must anfwer the defects of the purfe; the rule on fuch occafions holding true in play, as it does in law, Quod non babet in crumena, luat in corpore. -If Chriftians have not humility G enough to conform to the rule of life laid down in Holy Writ, let them at least have pride enough to be fhamed out of this deteftable vice, by the example of Pagans and Ma

E

I have not mentioned the pleafures of the mind, which are the folid and permanent ones, because they do not come under the head of what people commonly call pleafures, which they feem to confine to the fenfes. The pleasures of virtue, of charity, of learning, are true and lafting ones, which I hope F you will be well and long acquainted with.

I am, &c.

GAMING, a Reproach to a
CHRISTIAN COUNTRY, with its
pernicious Tendency and Effects.
Tis fomewhere recorded, that
I
Cobilon, the Lacedemonian, be-
ing fent to Corinth, with a com-
mision to conclude a treaty of

hometans.

Ta

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