The annual sum to be provided for the payment of interest, and one per cent. for the gradual liquidation of the capital, in conformity to the system sanctioned by parliament, and not to be departed from, even during war, was for the loan 650,000l. adding the sum to be provided on the same principal, for the actual and expected navy debt, would make 898,000l. temptation to smuggling, as might ope rate as a premium to the illicit trader, and tend materially to injure the revenue. Formerly it had been so high as to produce this inconvenience, and a remedy had been applied by lowering the duty. It was afterwards thought that, when the capital of the smugglers was destroyed, or diverted into honest channels, the duty might be somewhat raised without danger; and the experiment had succeeded. The facility of smuggling French brandies, the great article of smuggling, was at present annihilated; for even smugglers were not exempted from the general proscription of the national convention. The smuggling of rum had always been small, from the distance from whence it was brought, and the nature of the vessels in which it was imported, and also because it might easily be watched. When peace came, and with it the opportunity of smuggling from the French coast returned, the additional duty might be repealed, as the increased produce of other branches of revenue would more than make good the amount.-New buildings certainly had not decreased in consequence of the tax on bricks and tiles; on these articles, therefore, he should propose an additional duty.-Slate and stone being employed for similar purposes, ought to pay in proportion, as far as that could be ascertained: but as it would be difficult to collect a duty upon all that could be raised from quarries, he meant only to propose a duty on such as came coastways. He would next propose a tax, on what might fairly be considered as a mere article of luxury, plate and crown glass. The Glove tax produced so little, and was found to be so vexatious to those who paid it, that he meant to repeal it, even at a period when it might seem that no resource of revenue, however small, ought to be relinquished. The tax on births and burials, which had been imposed, rather as a regulation, and more with a view to information than revenue, he meant also to repeal. These together had produced about 10,000l. The whole sum, which he had to provide for, would thus be 908,000l. To call for so large a sum, must be matter of regret at any period; but if the circumstances of the time required it, the same circumstances allowed not of hesitation. If the charge was large, the largeness of it arose from bringing forward with scrupulous exactness every article of present expense, and adhering with strictness to the system adopted for the gradual reduction both of the old and the new public debt; and the House would have the consolation of knowing, that, as his majesty had stated from the throne, there were such means as would meet the exigency, without any pressure which could be severely felt by the people. Of the taxes imposed in 1791, a burden they had experienced and knew could be borne, the average produce, after deducting the amount of those The multitude of sorts into which which had been repealed, and which he paper was divided with a view of propor did not mean to renew, was 635,000l. The tioning the tax to the value, a most desiannual charge upon them was 250,000l. rable object, if it could be accomplished, leaving a surplus of 385,000l. By the had given rise to frauds. He meant, new regulation of the duty on spirits in therefore, to simplify the duty, by redu Scotland, there was a surplus, over and cing it to three sorts only; and to_add above making good the repealed duty on one-half to some, and one-third to others. coals, of 43,000l. This having been tried-Last of all, a tax which had been sug for one year only, would probably increase; and with the sum above-mentioned, might be taken at 430,000l. The remainder was to be provided for by new taxes gested to him by the highest judicial authority in the kingdom, an additional tax upon attornies. He meant to charge a duty of 100%. on the indentures of every person articled to an attorney; and 100%. on the admission of every person already articled. The first that he would mention, was an additional duty on British and foreign spirits. On these it was desirable that the duty should be as high as possible, without affording such advantage and British spirits one penny per gallon RECAPITULATION. additional on the wash......£.107,000 | nufacturers), were more favourable to Brandy ten-pence per gallon Rum nine-pence per gallon .... 136,000 Bricks and tiles 1s. 6d. additional per thousand ... Slate carried coastways 10s. per ton Crown and plate glass, additional.... Attornies, additional Add surplus of taxes 1791. 70,000 Total 913,000 the extension of our trade than in 1793; because places then in the possession of France, were now delivered from the anarchy and distress, which French fraternity carried every-where along with it; 52,000 but infinitely more than for any other 63,000 reason, because the singular and extraor25,000 dinary stagnation of trade, occasioned by 450,000 the sudden and violent interruption of commercial credit, was now, and had long since been more completely at an end than Having thus stated the amount of any man could have presumed to hope. supply and ways and means, as well as If the revenue had even failed last year, the services to be performed, the loan and it would not have been very extraordiother measures of finance, he said he nary, nor would it have been a just cause should be happy if the House thought of discouragement; but its having been the provision was ample, and the means productive in an eminent degree, afforded easy as far as circumstances would admit, a well-grounded expectation, that under and likely to be effectual. What was the all the circumstances, the produce of the nature of the provision? In addition to present year would be equal if not supethe large estimates for the immediate ser- rior, to that of the last. The produce of vice of the war, two millions were pro- the permanent taxes for 1793, was vided for extraordinary and unforeseen 13,953,000l. independent of the tempoexpences, with ample means for removing rary taxes to be continued: this was less the pressure of the unfunded debt, and than in the year 1792, a year of the highall this without deranging the system for est commercial prosperity, by 369,000l. the reduction of the old funded debt, the But we did not calculate on the produce sum applied to which, besides accumulat- of 1792. We formed our estimate on the ing at compound interest, was farther in- average of four years, 500,000l. less than creased by 200,000l. Provision was also the produce of 1791; and the actual promade, not only for the interest, but for duce of 1793, exceeded that average by the liquidation, of the new debt in pro- 137,000l. He stated how far it exceeded portion to the capital borrowed. The the estimates of the finance committees Navy debt was put into a state by which of 1786 and 1791; and added, that taken the inconvenience of large discount on in any point of view, the revenue had Navy bills, so severely felt in former wars, produced 500,000l. a year more than had would be avoided. If the terms of the been expected at the most prosperous loan were considered, it would be found period. This excess he did not mortthat public credit and public confidence gage, but left to meet future exigencies, were unimpaired. The state of the re- or to accumulate if no such exigencies venue afforded grounds of satisfaction be- should occur. These were our hopes in yond the most sanguine hopes that could time of war, and with the surplus which, have been formed respecting it. Of the but for the war, would have been applitaxes great part had been already borne cable to the reduction of our debt whenwithout inconvenience, and the rest were ever the moment of peace arrived, we mostly additions to articles which expe- should recur again to that system, the rience had proved to be productive with blessings of which we had already felt, the least possible burden to the public. and the progress of which had been interThe future produce of the revenue was rupted by no fault of ours. While the calculated on the average of four years of war continued, we must resolve to meet it peace, from the first year of war, in which as the most important duty ever imposed it was more likely to suffer, our naval su- by the dispensation of providence on any periority, and our improved state of pre-nation on the face of the globe. He conparation considered, than in any future year. The circumstances and situation of Europe (except in as far as every country engaged in the war, becoming poorer the longer the war continued, must be a less valuable customer, for our ma[VOL. XXX.] cluded with moving his first resolution. After a short speech from Mr. Fox, the several Resolutions were agreed to. Debate on Mr. Grey's Motion respecting employing Foreigners in any Situation of [4 S] Military Trust, and bringing Foreign Troops character known as a modern soldier; into the Kingdom, without the Consent of inferior lords held military tenures, and Parliament. Feb. 10. Mr. Grey said, supplied the state by a number of their he rose in consequence of a notice he had vassals for a limited time. At the time of some time given, to make a motion which Charles the 2nd. there was no such thing appeared to him to be of great conse- in this country by law as an army, except quence to the constitution, and to the an army created by parliament; and it reliberties of this kingdom. The point mained now for the House to see whether which he had to establish was plain and the king can at this day, by his own ausimple, and that it might not be mixed thority, constitute in this kingdom a miliwith considerations that were foreign to tary law without the sanction of parlia it, he did not mean to consider how far ment. First he should wish to argue this it might or might not be expedient to in- important question upon the ground of troduce at this time foreign troops into positive and strict law, as well as the this country; his object was to prove principles that were secured to us at the that, whether expedient or not, the mea- Revolution. The first thing that he sure itself was clearly unconstitutional should allude to, was the Declaration of and illegal; that the king had no power Rights by which it was positively declared, to do so, without the consent of parlia- that to raise a standing army in time of ment. On urgent occasions it might be peace, unless by the consent of parliament proper to introduce foreign troops into was against law. He might be told that this country, but that should never be this point was only to be insisted upon in done except in cases of extreme and time of peace, and was not at all appliproved necessity; it never could be done cable to a time of war. He owned he did legally, but by the consent of parliament; not like the distinction, nor did he believe and never should be suffered to be done it to be a good one, the principle of our without being watched with that consti- constitution did not turn upon such nicetutional jealousy which was the best part ties, for the principle was, that parliament of the character of that House, and the should always have the power of granting best security for the rights and liberties of all military force to the sovereign. He the people. Although he was not ready might rely on the bill of Rights as an exto deny, that, for the purpose of our own planation of the law of England in all the defence, we should sometimes employ points on which it touches. It was not a foreign troops, yet he could not help bill which gave any rights to the people thinking, that the wisest course for us of this country; it was only a bill that would be, to rely on what had been em- declared rights which had before existed. phatically called the energy of an armed It would appear by this very bill, that the nation. These were points not immedi- framers of it had it in contemplation, that ately within his purpose. The point neither in time of peace nor war should which he had to maintain, was, that it was the king have any power to introduce contrary to the principles of the consti- foreign troops into this country, without tution for the king to introduce foreign the sanction of parliament. If they had troops, without parliamentary sanction. meant to give him that power in time of It was clear to him that the king had no peace, they would have expressed themsuch right. If the king had a right to selves in a direct sentence to that effect; introduce into this country foreign troops, he was therefore intitled to say upon the without the consent of parliament, and very spirit of the bill of Rights, that the the exercise of that right was expedient king had no such power as he had exat the present moment, let gentlemen say ercised in the case of the Hessian troops. so, and meet his proposition with a direct-Mr. Grey then entered into a history of negative. If, on the other hand, the legality was doubtful, but the exercise of the power under the present circumstances expedient, still he hoped the point itself would be determined instead of being avoided by the previous question. It would not be necessary for him to go back to the earlier period of the common law of this country; we know that in those ancient times there was no such various cases, as applicable to the point in question. The first he quoted, was the case in 1775. The next was a case determined in 1698: this case he relied upon very much; for although it was not in time of actual war, yet it was immediately after the war, and the king sent a message desiring that some Dutch troops might be suffered to remain, and promised that no improper use should be made of the throne, concerning the landing of foreign troops in this country, from the year 1715, down to the present time in which he quoted the celebrated speech of Mr. Speaker Onslow, to the throne in the year 1756*, he took notice also of a case in 1775, when troops had been landed, without the previous sanction of parliament, and ministers thought fit afterwards to defend themselves upon the ground of the necessity of the measure, but gave up the constitutional part of the measure or the legality of it, and screened themselves behind a billofindemnity: against this measure, there was a very spirited protest in the House of Lordst, signed by many of the highest characters in the House, and among them the duke of Richmond, who was now one of the cabinet advisers of the king, and who possibly might now think legal and constitutional the very thing against which he protested in the year 1775. Be that as it might, the House ought to come to a determination upon the subject. In his opinion, it was a question of great importance to the constitution of England, to the very principle of freedom itself, for of what avail was it to us, to say we were free, if the king had power to introduce among us any number of foreign mercenaries he might think fit, to overawe and subdue us at his pleasure? We might as well declare at once," that the Revolution was nothing more than a successful rebellion; that passive obedience and non-resistance were the best of doctrines; that opposition to sovereign power, at any time. and under any circumstances, was an opposition to the ordinance of God; that the actions of tyrants were not to be examined by the people, for that sovereigns were God's vicegerents upon earth, and accountable only to God for their actions; that under any oppression whatever, resistance was a crime, and obedience was a duty of the subject." These were doctrines which it would be candid to avow at once, if no attempt was ever to be made to check any prerogative of the Crown ; and if were to proceed in punishing every miserable man without mercy, for endeavouring to call the attention of the public to any popular neglected rights, under the pretence of avoiding the anarchy and confusion of France. There was no man who abhorred more than he did their present government! he thought the govern them, yet the Commons refused. Here he read the message of king William, and the address of the Commons in answer to it. The next point to which he called the attention of the House was, the spirit and extent of the act of Settlement, which also tended to support his proposition. This act expressly said, "that no office of trust, civil or military, shall, on any account whatever, be held by any but natural subjects of his majesty, born within the realm." The command of these troops now within this realm, was a great military trust, and therefore directly contrary to the act of Settlement. The mutiny bill, too, would illustrate his proposition; without the passing of that bill the army could not be under military law. This was a principle which no one would be disposed to dispute: the Marine Mutiny bill was of the same nature they both proved that the king could have no troops except such as had been granted him by parliament; that without the Mutiny bill none of them could be punished for desertion or disobedience to any military orders. These very Hessians were not at this moment under military law. They could not be treated as soldiers in this country, for whatever power might be exercised over them before they came here, the moment they landed in England they were ipso facto discharged and disbanded; and if any of them desert or disobey any orders given to them, there is, no law by which they can be tried. He wished to know after this, whether he was not justified in saying that, upon the general principles of the constitution, the king had no right to land foreign troops here without the previous consent of parliament? This was not all, for it was forbidden by the express contents of many acts of parliament. In 1756, which was a period of war, a certain number of foreign troops had been employed to go on the American service, and they were to be landed here; the earl of Chatham was then a member of that House, and said, that the landing of those troops was unconstitutional, and that he would impeach the minister who should dare to advise his majesty to do so. The 29th Geo. 2, the first time of the Marine Munity bill, and the 8th of the present king he alluded to also, to prove that the king had no power to have any foreign troops in this country without the sanction of parliament. He here took a view of the different instances of messages from * See Vol. 15, p. 769. + See Vol. 18, p. 726. ment of France was, what it had been cal- two very important places, and the Engled some time ago by a right hon. friend lish troops were sent to America; this he of his (Mr. Fox) a furious and rigid ty- thought unconstitutional, and therefore ranny. Furious and rigid it certainly was, voted against it. But what was the fact and the last form of government under in the present instance? A body of Heswhich he would wish to live; he had ra- sians had been brought over for a partither live under Caligula or Nero, than cular purpose; they were disembarked, it under the present government of France, was true; but it was for the purpose of against such a system the last drop of preserving their health, which would have blood he had he would consent to shed; been affected by remaining so long on but he would make no less exertion against board the transports.-The hon. gentleman incroachments upon the rights of the peo- had relied much upon precedents. There ple by extending royal prerogative; for was one precedent which he thought preour constitution admitted of neither. He cisely in point; and that was, the case of was sure his majesty had no bad intention 1784. In that case, the foreign troops, on in the exercise of his power, but it was their return from America, were obliged the duty of that House to watch over the be landed in England, from the circumprerogative which his ministers might ad- stance of the river Weser being frozen up vise him to make use of; and he was sure which rendered it impossible for them to also that his majesty would not think par- return home immediately. The opposition liament was showing any distrust in his of that day took no notice of it, though majesty by following the steps of the about that time, they had carried some constitutional parliament in the time of motions against the ministers. It was the king William. Atque ego hoc non in duty of every member to oppose the enM. Tullio, neque his temporibus vereor. croachments of prerogative, the Vultus inSed in magna civitate, multa et varia ingestantis tyranni but at the same time they nia sunt. Potest alio tempore, alio con- should guard against the Civium ardor sule, cui item exercitus in manus sit, salsum prava jubentium. aliquid pro vero credi. Ubi hoc exemplo, Mr. Whitbread said, that the hon. genpersenatus decretum, consul gladiumedux- tleman had dwelt strongly upon the expeerit; quis illi finem statuet, aut quis moder-pediency of introducing the Hessian troops abitur. He then moved, "that employ- at this time into England; that was not ing foreigners in any situation of military the question then before the House. The trust, or bringing foreign troops into this possible expediency of such a measure his kingdom, without the consent of parlia- hon. friend had admitted; and had conment first had and obtained, is contrary fined his motion strictly to the legality of to law." bringing those troops into the kingdom, Mr. Powys agreed that it was the un-without the previous consent of parliament. doubted duty of every member to watch over the conduct of ministers; but at the same time, it could not be denied that members had another duty equally important, which was, to watch over and to prevent great dangers coming from those who, under the pretence of preserving freedom, might propose measures which had a tendency to destroy all regular government, and to introduce anarchy and confusion. He felt no shame in confessing himself to be an alarmist, and that he was much more afraid of two or three score of red bonnets, than of all the crowns and sceptres in Europe. He was one of those who voted against the ministers in 1775; and he did so because he thought the measure illegal; but he thought he could point out very material distinctions between the principle of the two cases: in 1775, the foreign troops were sent into garrison in To this position the hon. gentleman had subscribed in 1775; but it appeared that he meant to vote that to be legal in 1794, which in 1775 he had voted to be illegal. Whether any circumstance had occurred to change the law upon the subject, within those periods he submitted to the consideration of the House. He contended that the whole inference from law, and the earliest practice of the constitution immediately subsequent to the revolution, bore out his hon. friend in all the assertions he had made: nor had the last speaker at tempted to invalidate his statement, except on the ground of precedent. On the score of precedents, he was of opinion, that not even an uninterrupted series of precedents, from the revolution to the present day, would legalize an illegal act. If that were the case, where were we to look for the constitution? For sorry he was to say, that there was scarcely one stipulation |