DP 506 .N63 Copy 1 w\ - # mm- SC< _<«C& << B LIBRARY OF-CONGRESS. a Ot £3 s^ ^^Q {UNITED STATUS OK AMERICA S J| « : «r «<^ tie - f these probable events : — "Through what variety of untried being, Through what new scenes and changes must we pass? The wide, the unbounded prospect lies before us, Hut shadows, clouds, and darkness rest upon it." The changes which I have alluded to, will not only affect the Government of Nations ; it will greatly affect their intercourse with each other. The Spanish Provinces on the Western side of South America, will open a trade with India and China ; they will be supplied from those countries a ith silk and cotton manufactures, because they 183 oan be supplied from thence, at a cheaper rate than they can from Europe, Even the Black and Mulatto nations of Saint Domingo, ought not to be left out of our conside- ration. They will probably extend themselves over the whole of that island ; perhaps even to Porto Rico. Perhaps the time is not far remov- ed, when posterity may see the inhabitants of the four great Antilles, one motley race ; in which, however, it is most likely that the Mulatto will gradually predominate. There is a circumstance in the changes already occasioned by the American and French Revolu- tions, and which will probably be found in the changes about to take place : viz. that these changes will not be the effect of conquest, but the result of insurrections of the People against their Governments ; whereas, almost all the other Re- volutions which we read of in history, have been the consequence of conquest. The Persian, the Macedonian, the Roman Empires, were establish- ed by conquest. The Roman Empire was de- stroyed by conquerers from the Northern and Eastern parts of the world. Revolutions, the re- sult of conquest, necessarily occasion a change in the race of inhabitants. Most probably the North- ern Conquerors of the Roman Empire, did not extirpate, but became blended with the inhabi- tants ; for we every where find a language evi- dently derived from the Latin. I believe, in every part of France, the common people retain their 184 patois ; a corruption of the language they used be- fore they were conquered. In our island, the Saxons extirpated or exterminated the Britons ; and therefore we have no British words left in our language. The Normans did not extirpate, and our language is consequently a mixture of Saxon and French ; the Latin words being derived to us through the French. I believe it will be found, that all the Revolu- tions in Asia and Africa, as well as in Europe, have been produced by conquest. What diffe- rence may be occasioned, from the Revolutions in our days being produced by insurrections of the People, and not by conquest, I cannot say ; nor can I venture to form an opinion, on the pro- bable consequences of the fall of the Roman Catholic Church ; for their wealth and power will fall together. The Bramin says, " that sin came into the world by the confusion of casts." I hope the motley race of inhabitants about to occu- py so large a portion of America, will not verify this opinion. 185 CHAPTER XII. On the British Possessions in India. The India Company was established solely with a view to trade ; and as the voyage to India was long, and supposed to be attended with great danger, an exclusive privilege of trading beyond the Cape of Good Hope was granted to the Com- pany. About the year 1740, the Mogul Empire fell to pieces, in consequence of the invasion of Nadir Shah, Kouli Khan. The different Governors, or Nabobs of Provinces, seized the Government of different districts. In the province of Arcot, or, as it is generally called, the Arcot Carnatic, the French India Company supported the claims of a native named Chunda Saheb, and soon discover- ed the inferiority of the native troops, when op- posed to Europeans. The French acquired do- minion rapidly ; this roused the jealousy of the English India Company. They set up claims on behalf of another native, called Mohammed Ali. After various success, the cause of Mohammed Ali prevailed. About 1756, the English Factory in Bengal was plundered by Sujah Dowlah, the Nabob of that provice; and the Europeans found in it treat- 186 ed with great cruelty. The British Troops, which had placed Mohammed AH on the Throne of Arcot, were transported to Bengal ; Sujah Dovv- lah was defeated, and the Sovereignty of a large district seized by the India Company. Much wealth was acquired for the Civil and Military Servants, as well as for the India Company, by this Conquest ; and from that hour, the desire of extending the India Company's acquisitions in India, has never been relinquished. It is said, that the India Company possesses Sovereignty over 80,000,000 of people in India, and Revenue to the amount of 17,000,000/. ster- ling a-year. Ceylon, the Isle of France, and the Cape of Good Hope have been obtained as ap- pendages necessary to the safety of their Indian Empire. A question naturally occurs, what bene- fit accrues to Great Britain from these Indian pos- sessions ? They furnish neither army, nor navy, nor revenue, to be employed in Europe for the service of Great Britain : on the contrary, they re- quire soldiers to be annually sent from Great Bri- tain to India. Very commonly they require a navy, and sometimes even pecuniary assistance. But it is said, that the wealth acquired by the civil and military servants is remitted to Great Britain, and has much contributed to give activi- ty to improvements. I am not prepared absolute- ly to deny this assertion. To a certain extent, it may be true ; but I doubt whether this benefit has compensated the mischief introduced by our 187 Indian acquisitions. When we see 80,000,000 of subjects at the distance of 10,000 miles, go- verned by twenty-four mercantile characters resi- dent in Leadenhall Street, we are naturally led to say, the Government of Empire cannot require so much skill as we common people generally be- lieve. And the Board of Controul engrafted on the Court of Directors must rather contribute to increase than to diminish embarrassment. But the great advantage accruing from these Indian possessions, if it be an advantage — is pa- tronage. Much of this patronage is disposed of by the Ministers of the Crown ; some remains with the India Directors. When Jugurtha took his last view of Rome, he exclaimed : u Vale venalis civitas, moxperitura si emptor em mveneris? Is not the same exclamation applicable almost with equal truth to those who elect the House of Com- mons ? Is it not a fact that Members have sat in that House for seats purchased for them by an Indian Prince ? Has it not been acknowledged publicly, that a Bengal writership was given by the Minister to one of his friends that he might sell it, and with the produce purchase a seat in the House of Com- mons ? The French call us, arte nation pirate et boutiquiere ; and has not Indian patronage pecu- liarly contributed to give us that venal money-lov- ing character, which the French attribute to us ? But the material consideration is, what circum- stances will accompany our abandonment of these 188 possessions ? for abandoned they must be, soon- er or later. Every acquisition renders it more ne- cessary for us to extend our conquests ; we are now told by every man returned from India, u you must have the whole, or you must relinquish all that you possess." And where are the boundaries of that whole? To whatever extent your acquisitions are carried, you will still have neighbours the object of your fears. Many are now apprehensive that you have already approached so near to the frontiers of Russia, that on any difference with that power, her forces may be employed to invade India ; but as there are three States, viz. the Seiks, Zemaun Shah, and Persia, between your possessions and the Russian frontiers, I own I have never felt any apprehensions of an attack from Russia. But your empire is too large to be under the controul of one Government ; you will be ruined by the expense of repressing insurrections which will be constantly renewed. Aureng Zebe ruined the Mogul Empire by the acquisition of the Decan ; from the time that he had made that acquisition, the Empire was too large for Government ; you may fear the same fate, and the loss of your Indian Empire may be preceded by struggles destructive of your happiness. It may be asked, does not the possession of Empire in India counterbalance the loss which you have sustained in America ? I have no hesitation in answering, No. Your Continental 189 possessions in America added to the strength of Great Britain, they enabled you to command the French and Spanish West India Islands. Even the treasures of the Continent of Spanish Ame- rica, could not be safely brought to Europe, while you were disposed to prevent it. Your Continental possessions in America could not be attacked by sea ; and whatever complaints might be made of murders committed by the Indians, it was manifest, that the Indians, like the wild beasts of the forest, would either be extirpa- ted or exterminated in proportion as the agricul- turist advanced. Your American Empire was inattackable ; it was so happily united to your European posses- sions, that it rendered you the most formidable power in the world. But your Indian Empire is a source of weakness ; you are under constant ap- prehension, that it may be attacked by some fo- reign enemy. While you keep it, you must be always ex- tending its limits ; for both your civil and milita- ry servants derive immediate wealth from new acquisitions. The very size of the Empire must ultimately destroy it. But there is another cir- cumstance in the present state of your Indian Empire, which must necessarily create great em- barrassment. This Empire has been acquired by a Company of Merchants ; and they retained the character of exclusive trader, after they had assumed that of sovereign. They have now re- R 190 signed the character of exclusive trader. They allow British subjects to trade concurrently with themselves ; but retain the sovereignty. Sove- reign and trader, are characters incompatible : as traders, they will be defrauded; and as sovereigns, they will oppress those who are their rivals in trade. The present condition of the India Company, therefore, cannot long subsist. They must con- tent themselves with one character ; they must either be sovereigns or traders. CHAPTER XIIL Impeachment of Mr. Hastings. 1 have hitherto only slightly alluded to the Impeachment of Mr. Hastings. But of the twen- ty-two charges exhibited against that gentleman, two, viz. the first and the third, are of such histo- rical importance, that I think it may be advisable to state them accurately. The first was denominated the Rohilla Charge: the latter the Benares Charge. I have already mentioned, that on the dissolution of the Mogul Empire about the year 1740, by the invasion of Nadir Shah, the Governors of Provinces in many places assumed the Sovereignty. A chieftain of Mountaineers, known by the name of the Rohillas. 191 usurped the Sovereignty of a district, to which, from his own tribe, he gave the name of the Ro- hilla Country. This district was a rich soil, and had about two millions of inhabitants. The Ro- hilla Chief and his descendants had possesed this Sovereignty, from the first usurpation in 1742, to their expulsion in 1774, by Sujah Dowlah, the Nabob of Oude. In the summer of 1773, Mr. Hastings, at that time President of the Council in Bengal, had an interview with Sujah Dowlah in the upper provinces ; I believe at Benares. The Directors of the India Company had pointed out to Mr. Hastings two objects which they were very solicitous to obtain. The first was a larger payment from Sujah Dowlah for the use of their troops whenever they were employed in his ser- vice. The second was, to prevail on Sujah Dow- lah to purchase from them two Provinces known by the names of Corah and Allahabad When the heir apparent of the great Mogul, called the Shah Zaclee, had been received under the protection of the India Company, they had assigned to the Prince the possession of these two Provinces for his maintenance. After having possessed these Provinces for some few years, the young Prince was persuaded to attempt to recover the throne of Delhi. To enable him to execute this project, he quitted these Provinces, which were imme- diately again taken possession of by the India Company. But Corah and Allahabad were so remote from the other possessions of the India 192 Company, that they could not be defended, ex- cept at an expense exceeding the revenue which could be drawn from them. And as the derang- ed state of the Company's finances, both at home and in India, did not make it advisable for them to incur this additional expense, the Directors wished to dispose of these Provinces to Sujah Dowlah, the only Monarch who was capable of defending them against the Mahrattas. When Mr. Hastings met Sujah Dowlah in 1773, he succeeded with him in both these ob* jects. He prevailed on him to make a larger pay- ment for the use of the Company's troops ; and he obtained the sum of 500,000/. for the sale of the above named Provinces. Sujah Dowlah then brought forward the object which he wished to obtain from the India Company. He stated, that in 1772, the Rohillas had applied to him for assistance against the Mahrattas, who had invaded their territory ; that he had been extremely un- willing to afford them this assistance ; that he had at last been prevailed on by Sir Robert Barker, the Commander of the Company's troops in the upper Provinces, to enter into a Treaty with them ; that by this Treaty, he had engaged to assist the Rohillas to drive out the Mahrattas ; and that in consideration of this assistance, they had stipula- ted to pay him 400,000/. That he had success- fully assisted them ; — that he had driven out the Mahrattas ; — and that the Rohillas refused to pay him the stipulated sum. As he had afforded this 193 assistance to the Rohillas solely through the per- suasion of Sir Robert Barker, and at his earnest solicitation, and from a reliance that his authority would secure to him the stipulated payment, he thought himself entitled to call on the India Com- pany to assist him in punishing this gross breach of faith by the Rohillas. Mr. Hastings acquiesced in the justice of the demand. After these points of the treaty had been arranged, Mr. Hastings and Sujah Dowlah remained some days longer at Benares. Before they separated, S;jah Dowlah came to him and made the following statement : i6 1 have yielded to your two objects, and you have yielded to mine. But on more mature re- flection, as I am immediately to pay to the India Company, 500,000/. for the Provinces of Corah and Allahabad, and have also agreed to increase my payment for the use of their troops, I find that my treasure will be so much exhausted that I shall not be immediately able to adopt any mea- sures against the Rohillas. I must therefore defer, for the present, my intended designs against them. But if future circumstances should make it neces- sary for me to commence hostile proceedings against the Rohillas, I trust that you will recollect, that I have yielded to your two objects, and that you, in consideration of this, have agreed to afford me the assistance of the India Company for the execution of this measure : and that whenever I call for your assistance, no time shall be wasted in n 2 194 discussing the propriety of my demand; but that your troops shall immediately obey my call." Mr Hastings acquiesced in the fairness of this reasoning, and pledged himself that the Compa- ny's troops should march to his assistance against the Rohillas whenever they were called on. Whether the Rohillas received any intimation of this discussion between Mr. Hastings and Su- jah Dowlah, or whether their conduct was the result of a consciousness of their own breach of faith, I cannot say. But in the autumn of that same year, Sujah Dowlah received information that the Rohillas were negociating a treaty with the Mahrattas for the invasion of his dominions. He then saw that hostilities against the Rohillas could no longer be deferred. He stated to Mr. Hastings the intelligence which he had received, and demanded the assistance of the Company's troops. Mr. Hastings, with the approbation of his Council, ordered the troops to place them- selves under the direction of Sujah Dowlah. The War was commenced in the spring, 1774. The Rohillas were subdued ; and at the close of the Campaign, a treaty was concluded between them and Sujah Dowlah, called the Treaty of 'Lo/dong, by which it was agreed, that one of the Rohilla Chiefs should retain a certain portion of the coun- try, and remove to it with five thousand of his troops. The rest of the Rohilla Army were to cross the Ganges, and place themselves under another Rohilla chief of the name of Zabeda Caivn. 195 On the discussion of this charge, Sir Robert Bar- ker was examined at the bar of the House of Commons. It appeared from his evidence that he had signed that treaty by which Sujah Dowlah engaged to assist the Rohillas against the Mah- rattas. When asked why he had signed that treaty, he answered, " That if he had not signed it, there would have been no treaty ; for that nei- ther of the parties had any confidence in the good faith of the other ; and that each of the parties had acceded to the Treaty relying on the security af- forded by his signature: That he had urged Sujah Dowlah to this treaty because he thought that if the Mahrattas had possessed themselves of the Rohilla Country, the India Company's terri- tory would have been endangered." When ask- ed whether he thought the Rohillas ever intended to pay the money, he replied, " that he was fully persuaded that they never would pay it, except compelled by force." It did not appear from the evidence before the House of Commons, whether the evacuation of the country by the Rohilla Army, was an article which had been insisted on by Sujah Dowlah, or had been granted at the request of the Rohilla Chiefs. This question of the Rohilla War was debated for two nights in the House of Commons ; and on the last debate the House did not divide till after eight o'clock in the morning. Mr. Pitt took no part in the debate, though, I believe, he voted for 196 Mr. Hastings. No treasury letters had been sent out, as is usual when the Minister has formed his opinion on any subject. The charge had been drawn up by Mr. Burke with great art. The debate was also conducted with much unfairness : for instead of the question proposed to the House, being, that the House should adopt the Charge, the question was put in these terms — That in case the House should ultimately determine to impeach Mr. Hastings, the Rohilla charge should form part of the Impeachment. By this dexterity in putting the question on which the House was to divide, many members were brought to vote in the affirmative, who could not otherwise have been persuaded to do it. They voted for the question from a belief, that at the close of the discussion of the various Charges, no impeach- ment would be preferred. But all this dexterity failed of success. When it appeared that the two millions of inhabitants remained in the country, and that that which Mr. Burke had stated to be " the Extirpation of a whole Nation," amounted to nothing more than the evacuation of the Coun- try by an army of 26,000 men, the House was disgusted with the exaggeration which had been practised; and notwithstanding every exertion of the Foxite party, the question was negatived by a majority of fifty-three votes. It may not be foreign to this subject to remark, that the Rohillas inhabit the same tract of moun- tainous country with the Afghans; but that they are considered as the inferior tribe. 197 Arrian, in his account of India, speaks of two tribes who inhabited the same mountainous coun- try; and says that " one of these tribes was inferior hi rank to the other." It is curious that the same difference of rank which existed in the remote period mentioned by Arrian, should be found to prevail in our time. Arrian wrote in the reign of the Roman Emperor, Adrian. And though he wrote at a period when the Greek language may be considered to have been on the decline, yet his style has been thought so pure and elegant, that it has obtained him the name of the younger Xenophon. He compiled his account of India from the pa- pers of Megasthenes, physician to Seleneus, one of Alexander's immediate successors. Alexander never penetrated farther into India than the Pen- jab. He sailed down one of the five rivers of that country into the Indus, and from thence re- turned to Babylon. Seleneus certainly reached the Ganges. He resided for some time at a city which the Greek historian calls Palibothra. There is very little doubt but that this city is the same which the Moderns call Patna, as it is still in the language of the country called Palipoutre. Every man acquainted with India, must find much plea- sure in reading this work of Arrian, for he will see that India, in those remote times, was nearly the same in point of usages, manners, dress, amusements, division of casts, &c. &c. as it is at present. 198 I will now speak of the Benares Charge. The Rajah Bulwant-sing held the province of Benares, as a Renter, or Zemindar, from Sujah Dowlah, the Nabob of Oude. On the termination of the India Company's War with Sujah Dowlah, Bul- want-sing thought it for his interest to court the protection of the India Company. And as the province of Benares was situated between their territories and the dominions of Oude, the India Company thought it for their interest to afford to Bulwant-sing that protection which he solicited. They did not withdraw him from his subjection to Sujah Dowlah, but they compelled Sujah Dowlah to agree, that while Bulwant-sing paid him annually the sum of 220,000/. he should never call on him for any other payments or ser- vices ; Sujah Dowlah died in 1775. The Go- vernment of Bengal was at that time in the hands of Mr. Hastings, General Clavering, General Monson, Mr. Barvvell, and Mr. Francis ; or, to speak more correctly, it was in the hands of Ge- neral Clavering, General Monson, and Mr. Fran- cis. For those three gentlemen had, by confede- rating together, reduced Mr. Hastings and Mr. Barwell to be of little importance. The three gentlemen above mentioned proposed that Azoph Ul Dowlah, the son and successor of Sujah Dow- lah, should be compelled to resign the sovereign- ty of Benares with the attendant rent, to the India Company. Mr. Hastings strongly objected to this proposal. He thought that it was for the 199 interest of the Company to set bounds to its de- sires of aggrandizement. He gave it as his opi- nion, that the India Company would draw more revenue from the possession of Bengal and Bahar, than it would do if it extended its empire beyond those limits. But the opinion of Mr. Hastings was over-ruled ; and the sovereignty of Benares was transferred by Azoph Ul Dovvlah to the India Company. It is scarcely worth while to consi- der, whether the opinion, at that time given by Mr. Hastings, was founded in sound policy or not. It was not only over-ruled at that time by his colleagues, but an opinion directly contrary to that of Mr. Hastings seems now to be entertained by the India Company ; perhaps, by the majority of the British nation : for the present opinion seems to be, that you must possess the whole of India ; and that except you possess the whole, you cannot be secure in the possession of any part. I will only express my wish, Quod Felix sitfaustumque. In 1779, Hyder Ali invaded the Carnatic. At that time, by the deaths of General Clavering and General Monson, Mr. Hastings had regained his ascendancy in the Bengal Go- vernment. In the minutes of the deliberations of the Council on that invasion, it appears that Mr. Francis delivered as his opinion, " that neither soldier nor rupee should be sent to the Carnatic ; for that that country was irrecoverably lost : and that every soldier, and every rupee, sent there, would be uselessly expended." Mr. Hastings's 200 opinion was directly the reverse of that of Mr. Francis. His minute is in these terms : " While I have a soldier, or a rupee, I will never abandon the Carnatic ; for if we do not fight Hyder Ali in that country, we shall have to fight him here.'' In pursuance of this opinion, Mr. Hastings put the whole force of the Bengal empire in activity* At the moment that the army which he had col- lected was about to set out for the Carnatic, Chemnajee, the son of the Rajah of Berar, appear- ed on the frontiers of Bengal, demanding the chout, or tribute, paid in antient times to the Mahrattas. Chemnajee had with him about fifty thousand ill- disciplined followers. They could not have stood before the army collected by Mr. Hastings, but they could have delayed the march of that army, the presence of which was so necessary in the Carnatic. To prevent this delay, Mr. Hastings entered into a treaty with Chemnajee. He agreed to pay him 210,000/. ; in consideration of which payment, Chemnajee engaged not only to relin- quish all hostilities against the province of Bengal, but also to grant to the British Army an unmo- lested passage through the dominions of the Rajah of Berar, and to supply the Army with provi- sions during its march. This Treaty was faith- fully observed on both sides, and the British Army arrived in the Carnatic without the smallest loss. I have mentioned this transaction, because it was the subject of the second Charge exhibited by Mr. Burke, against Mr. Hastings. Mr. Francis 201 had resisted every proposal of Mr. Hastings for sending relief to the Carnatic. Among others, he had resisted this treaty with Chemnajee, and had prevailed on Mr, Burke to introduce the sub- ject as one of his Charges; but it was abandoned. Mr. Fox told me, that he did not think it contain- ed ground for impeachment. Were I to presume to give my opinion on this subject, I should say, that instead of reprehension, Mr. Hastings de- served applause. That his conduct exhibited a master-mind capable of firm decision on a ques- tion of great emergency. I have said, that to en- able himself to send relief to the Carnatic, Mr. Hastings put every part of the Bengal empire in motion. He called for men and money from every quarter. He did not consider the Rajah of Benares as entitled to exemption from this de- mand ; and he required from Cheyt-sing, who had succeeded his father, Bulwant-sing, in that Ze- mindary, the assistance of two regiments of ca- valry. Mr. Francis was at that time at the head of the opposition to Mr. Hastings in the Bengal council; and as he had resisted every effort for sending re- lief to the Carnatic, he objected to this demand of two regiments from Cheyt-sing. This opposition of Mr. Francis encouraged Cheyt-sing in disobe- dience, and the repeated demand of Mr. Hastings for assistance, was either wholly evaded, or only in part complied with. Mr. Hastings determine*} to punish Cheyt-sing for this conduct. He re- 202 paired to Benares; he summoned Cheyt-sing be- fore him ; he reprimanded him for his conduct, and then ordered him to consider himself as un- der arrest. Mr. Hastings then commanded an Officer with about two hundred and eighty Se- poys, to escort Cheyt-sing to his own palace, and to guard him there as under arrest. The officer, who commanded this escort, was guilty of a ne- glect which produced disastrous consequences. He marched off the escort without providing them with powder and ball. When the dependants of Cheyt-sing had discovered this circumstance, they thought themselves strong enough to break into the palace, and set the Rajah at liberty. The Sepoys, with their bayonets, if they had acted with firmness, would have been able to repel the attack; but conscious that they were not provided with their usual means of defence, they were seiz- ed with a panic, they fled, and Cheyt-sing was set at liberty. I believe that the generous character of Mr. Hastings prevented this neglect of the Commander of the escort from being generally known; he felt reluctance at an attempt to excuse himself by throwing blame on another. When the Benares Charge was argued in the House of Commons, Mr. Fox rested his argument solely on this principle, that Cheyt-sing was an indepen- dent Prince, no way liable to be called on for suc- cour by the Bengal government. Mr. Pitt re- sisted this opinion of Mr. Fox ; on the contrary, tie said, " Cheyt-sing was a vassal of the Bengal £03 empire, and as he received protection from that empire, he owed to it allegiance ; and in conse- quence of that duty of allegiance, was liable to be called on for extraordinary aids on extraordinary emergencies/*' He also assented to an assertion, which had been advanced in the course of the debate, viz. " That Mr. Hastings having only put Cheyt-sing under arrest for the purpose of sub- jecting his conduct to examination, could not be criminated for having inflicted too harsh a punish- ment on him. 9 * But he said, " that the whole of Mr. Hastings's conduct showed that he intended to punish Cheyt-sing with too much severity; this intention was criminal, and for this criminal in- tention, he should, though with much reluctance! vote for the impeachment of Mr. Hastings."* Thus was this impeachment voted by a majority of the House, although those who voted were not agreed as to the ground of criminality. A few mornings after the vote, I was with Lord Thurlow. He strongly reprobated Mr. Pitt's conduct ; especially his grounding the Im- peachment on Mr. Hastings's intention to commit a crime. Among other expressions, I recollect he said, " If a girl had talked law in those terms, she might have been excusable.'" No other Charges against Mr. Hastings were discussed in the House of Commons that session. The exa- mination of the remaining nineteen Charges was deferred till the ensuing Session. I had taken part in the debates on the Rohilla and Benares 204 Charges; but as I saw at the commencement ot the next Session, that Mr. Pitt had decided that the Impeachment against Mr. Hastings should be voted, I gave myself no further trouble on the subject. There were people who thought that Mr. Pitt had adopted this line of conduct to pre- vent the King from employing Mr. Hastings in India affairs. But I do not believe that Mr. Pitt was actuated by so personal and so paltry a motive. I think he consented to the Impeach- ment, because he saw the controul which he should obtain over the Opposition by such ac- quiescence ; and his expectations were answered. I will now say a few words on the nature of an Impeachment: — an Impeachment is an accusa- tion preferred by the Commons to be tried by the Peers. It is not ex debito justitia ; it is an extra- ordinary mode of proceeding. It is not to be con- sidered as analogous to an Indictment, for an In- dictment is an accusation for one definite offence; whereas the Impeachment may be preferred for many offences considered together. Correctly speaking, Impeachment is to be resorted to where an Indictment could not reach the whole of the criminality. It is an accusation preferred against a public Minister: and the question which every Member of the House of Commons ought to consider before he gives his vote, is this: — " On the whole of this public servant's conduct consi- dered together, is it expedient that he should be criminated V 9 On the charges against Mr. Hast- 205 ings, I regulated my conduct by this mode of reasoning ; I remembered that wise maxim of the common law, Actio non est rea nisi mens sit rea. I asked myself whether I could find the mens rea in Mr. Hastings's conduct on either of the three Charges I have above enumerated ; suppose for instance, that he had mistaken the law of nations, in thinking that Sir Robert Barker had pledged the guarantee of the India Company, by signing the Treaty between Sujah Dowlah and the Ro- hillas; and that he had also been mistaken in the opinion which he had formed, that in consequence of this guarantee, the India Company was bound to give assistance to Sujah Dowlah against the Rohillas. Had Mr. Hastings derived any advan- tage to himself from these mistakes? And if he had derived no advantage to himself, how could I fix on him the mens rea? He had given a sum of money to Chemnajee to induce him to relin- quish his design of invading Bengal, and to afford assistance to the Army which was passing from Bengal into the Carnatic. What personal advan- tage accrued to Mr. Hastingr from this Treaty ? He furthered his design of sending assistance as expeditiously as possible to the Carnatic, and manifestly this was his only object. In respect to the ground on which Mr. Pitt had concurred in the Benares Charge, viz. " That Mr. Hastings had intended to punish Cheyt-sing too severely, 9 ' the human mind could hardly imagine any thinp- weaker. Mr. Hastings had never punished him. s 2 206 He had only put him under an arrest with a view to the examination of his conduct, and for subse- quent punishment, if he should be found to have deserved it. The liberation of Cheyt Sing by his dependants precluded all further examination. But neither on the ground taken by Mr. Fox, viz. H that he had demanded aid from Cheyt Sing where none was due," nor on that taken by Mr. Pitt, " that he had intended to punish Cheyt Sing too severely," could I see any thing like a cri- minal mind. If on all these points he had acted erroneously, he had acted from mistake, and not from that criminal mind, which alone is punisha- ble. In forming my opinion on the impeachment of Mr. Hastings, I took various points into consi- deration. The British nation had confided the management of its Indian Empire to the India Company. The India Company regulated its Indian concerns through the agency of a Gover- nor General and Council. The Governor Gene- ral was the efficient person in that Council. If in any instance Mr. Hastings had acted under the influence of corrupt passions, he was punishable by impeachment. But if on any occasion he had only acted from a mistaken judgment, I thought he ought not to be punished by the impeachment of the House of Commons. On the Rohilla Charge I thought, that Mr. Hastings had acted consonantly to the law of nations. That Sir Ro- bert Barker's signature of the treaty between 207 Sujah Dowlah and the Rohillahs amounted to a guarantee ; and that it authorised Sujah Dowlah to call on the India Company to assist him in ob- taining the stipulated payment. Here then Mr. Hastings was guilty of no mistake, and the House of Commons concurred in this opinion. The treaty with Chemnajee was said to be disgraceful to the English name. But the advantages gained by it were so great, that I could never bring my- self to disapprove of it. On the Benares Charge my opinion still remains the same. Protection and allegiance are reciprocal duties. Wherever protection is received, allegiance is due. Cheyt Sing could not have existed for a single hour if unprotected by the British Government. He would have been devoured by the Nabob of Oude. He was like a pigeon under the eye of a hawk, who would have pounced on him if unre- strained by a superior power. I therefore could not consider Mr. Hastings as having formed an erroneous opinion, when he said, H Cheyt Sing was the vassal of the India Company, and owes assistance when the Company has occasion for extraordinary aids." I also recollected the very peculiar difficulties which Mr. Hastings was un- der when he was called on to form an opinion on great political questions. The nature of the British Empire in India was hardly developed. We had scarcely formed an accurate opinion on it our- selves. The policy of the Mogul Government had established two distinct departments in each 208 province. In the military department the Nabob was supreme: in the civil department the Dewan. The English India Company founded its authori- ty in Bengal and Bahar on a real or supposed grant of the Dewanee of those provinces from the Great Mogul. They continued, however, to ex- hibit to the natives a splendid pageant, which they called a Nabob, and all discussions with foreign Princes were under the name of this Nabob. Mr. Hastings must certainly have felt much embarrass- ment from the undefined power of his masters. I thought also, that it was reasonable to take into consideration his situation in India. In Eng- land, if the minister is called on to decide on a great political question, he has many men at hand who can assist him with their advice. He has lawyers in every branch of that study. He has men, who have travelled in all parts of the world, and who know the relation which the concerns of other countries bear to British interests. When Mr. Hastings was called on to decide, he had no such assistance near him. I therefore can only wonder that he did not make more mistakes. The three charges which I have taken notice of were the three subjects on which Mr. Francis had opposed the government of Mr. Hastings in Bengal. He had prevailed on Mr. Burke to adopt his opinions on these points; and Mr. Burke's influence over Mr. Fox had induced that gentle- man to bring down the Opposition in full force to support these charges. In truth, the charges ex- 209 nibited by Mr. Burke in the House of Commons were nothing more than a continuation of that op- position, which Mr. Francis, while in India, had made to the measures of Mr. Hastings's govern- ment. I was unacquainted with Mr. Hastings, when these charges were laid on the table. When I examined them, I was disgusted with the unfair manner in which they were framed. This led me to take part in the debates ; and after the ses- ision was ended, I became acquainted with Mr, Hastings. lie appeared to me to be a man of a strong, vigorous, decisive mind ; well acquainted with the character of the natives of India, and with the views and interests of its various Prin- ces. He seemed to me to be a man capable of extricating himself from difficulties by his great resources and dauntless courage. In one word, he came nearer to the idea which I had formed of an able statesman, than any other man with whom I ever had intercourse. But he was a statesman only for the affairs of India. He knew nothing of the various parties in England, their interests, their designs, their ability to effectuate those de- signs, or how far they were likely to be influenced or restrained by moral considerations. These were subjects on which he seemed to me never to have formed any opinion. I have said, that Mr. Hastings was capable of extricating himself from difficulties by his great resources and his daunt- less courage. He displayed these qualities in a most remarkable manner, while surrounded by 210 the forces of Cheyt Sing at Benares. Mr. Hast logs had with him only four hundred soldiers, Cheyt Sing had forty thousand. If Cheyt Sing had attacked him, Mr. Hastings's situation must have been forced before he could have collected assistance. But instead of an immediate attack, the Rajah sent in a proposal to treat with him. Mr. Hastings knew, that if he opened a treaty, the Indian Prince's courage wouldibe increased, and that he would, most probably, immediately attack him. That, on the contrary, if he refused to treat, Cheyt Sing would suppose, that Mr. Hastings had some resources with which he was unac- quainted. He therefore sent for answer to his pro- posal, that before he would listen to any excuse for his conduct, Cheyt Sing must come into Be- nares, and throw himself at his feet. This an- swer intimidated Cheyt Sing, and allowed time for troops to come to the relief of Mr. Hastings. I have thus given my opinion on the three first charges exhibited by Mr. Burke against Mr- Hastings. I have entered into the consideration of them with much reluctance. I had taken part in the debates on the first and third charges ; and from that circumstance may be thought to have my opinion prejudiced in favour of Mr. Hastings. I was unacquainted with that gentleman when the discussion was first entered on in the House of Commons. But, after the close of that session, I was introduced to him, and gradually admitted to the most intimate and confidential communica- 211 tions. I acknowledge, that I think of his me- mory with the highest veneration. I think, that he was a man of the most powerful mind I have ever conversed with. I have said, that the charges, brought forward by Mr. Burke against Mr. Hastings, were on those subjects, which had been matter of discus- sion between Mr. Francis and Mr. Hastings, while the former gentleman was in India ; that the impeachment of Mr. Hastings was a continuation of Mr. Francis's opposition to Mr. Hastings's Government. I believe I am correct in this as- sertion. All the materials for the twenty-two charges, brought forward by Mr. Burke, were furnished by Mr. Francis. And Mr. Burke had sufficient influence to prevail on Mr. Fox to sup- port the charges with the whole strength of Op- position. Mr. Francis was a man of considera- ble abilities. He was a very superior classical scholar ; and he was capable of laborious applica- tion. Strong resentment was a leading feature in his character. I have heard him avow this sen- timent more openly and more explicitly than I ever heard any other man avow it in the whole course of my life. I have heard him publicly say in the House of Commons, " Sir Elijah Impey is not fit to sit in judgment on any matter where I am interested, nor am I fit to sit in judgment on him," A relation of the ground of this ill will may be amusing. Mrs. Le Grand, the wife of a gentleman in the Civil Service in Bengal, 212 vi as admired for her beauty, for the sweetness of her temper, and for her fascinating accomplish- ments. She attracted the attention of Mr. Fran- cis. This gentleman, by means of a rope-ladder, got into her apartment in the night. After he had remained there about three quarters of an hour, there was an alarm ; and Mr. Francis came down from the lady's apartment by the rope-ladder, at the foot of which he was seized by Mr. Le Grand's servants. An action was brought by Mr. Le Grand against Mr. Francis, in the Su- preme Court of Justice in Calcutta. The judges in that court assess the damages in civil actions, without the intervention of a jury. The gentle- men who at that time filled this situation, were Sir Elijah Impey, Chief Justice, Sir Robert Cham- bers, and Mr. Justice Hyde. I was intimate with the first and the third from early life ; having liv- ed with them on the Western Circuit. On the trial of this cause, Sir Robert Chambers thought, that as no criminality had been proved, no da- mages should be given. But he afterwards pro- posed to give thirty thousand rupees, which are worth about three thousand pounds sterling. Mr. Justice Hyde was for giving a hundred thou- sand rupees. I believe, that Mr. Justice Hyde was as upright a judge as ever sat on any bench ; but he had an implacable hatred to those, who in- dulged in the crime imputed to Mr. Francis. Sir Elijah Impey was of opinion, that although no criminal intercourse had been proved, yet that 215 the wrong done by Mr. Francis to Mr. Le Grand in entering his wife's apartment in the night, and thereby destroying her reputation, ought to be compensated with liberal damages. He thought the sum of thirty thousand rupees, proposed by Sir Robert Chambers, too small ; and that pro- posed by Mr. Hyde, of a hundred thousand, too large. He therefore suggested a middle course, of fifty thousand rupees. This proposal was ac- quiesced in by his two colleagues. When Sir Elijah Impey was delivering the judgment of the Court, my late friend, Mr. Justice Hyde, could not conceal his eager zeal on the subject ; and when Sir Elijah named the sum of fifty thou- sand rupees, Mr. Justice Hyde, to the amusement of the bystanders, called out, " Siccas, brother Impey f* which are worth eleven per cent, more than the current rupees. Perhaps this story may not be thought worthy of relation : but it gave occasion to that animosity, which Mr. Francis publicly avowed against Sir Elijah Impey ; and the criminal charge, afterwards brought against him in the House of Commons, was the offspring of that animosity. I will follow up this anecdote by mentioning the consequences of the action brought by Mr. Le Grand. The lady was di- vorced : she was obliged to throw herself under the protection of Mr. Francis for subsistence. After a short time she left him, and went to Eng- land. In London she fell into the company of M. Talleyrand Perigord. Captivated by her 214 charms, he prevailed on her to accompany him to Paris, where he married her ; and thus the insult, which this lady received from Mr. Francis, and the loss of reputation, which was, perhaps unjust- ly, the consequence of that insult, eventually ele- vated her to the rank of Princess of Benevento. As I took part in the defence of Mr. Hastings on the two charges which I have mentioned, and was known to interest myself much in the welfare of Sir Elijah Impey, I speak with some reluc- tance of Mr. Francis ; but the impeachment of Mr. Hastings, and the accusation of Sir Elijah Impey, both originated with him. The first charge brought forward the ensuing session, excited so much of the public attention, that although I took no part in the debate while it was depending in the House of Commons, yet it may perhaps, not be improper to state the sub- ject. It was called the Begum Charge. It grew out of a political discussion between Mr. Francis and Mr. Hastings, while those gentlemen were in India. This charge rested on the following cir- cumstances. Sujah Dowlah, the Nabob of Oude, died in 1775. He left a widow, named the Bhow Begum ; and by her one only son, Azoph Ul Dowlah, who succeeded him in the sovereignty of Oude. I believe the Mahometan law allows a man to have four wives ; but Sujah Dowlah had never availed himself of this permission. The Bhow Begum was the only woman whom he had ever married. For some years he had lived with 215 her on indifferent terms. But when he was in a state of distress, in consequence of his hostilities with the English Government, his wife collected all her treasure, and all the force which she could draw together, and joined him in his hour of need: determined to share with him his good or ill suc- cess. This conduct regained her the affections of Sujah Dowlah. From that hour she was the person on whose attachment he placed the most entire confidence. Those, who are not acquaint- ed with the manners of an Asiatic Court, can with difficulty form an idea of the power of a wo- man locked up in a zenana, and precluded from personal intercourse with men, except such as stand related to her in the character of husband or children. But the nower of the Bhow Bemjm in her husband's court seems to have exceeded that which is commonly allowed to the wives of Sovereigns in Europe. She was his treasurer : no payment was made except authorized by her signature. At his death all his treasure was in her apartments, and in her possession. Her only son, Azoph Ul Dowlah, admitted his mother's right to retain a portion of this treasure ; but con- tended, that, by the Mahometan law, the greater part of it belonged to himself, as his father's suc- cessor in the Sovereignty of Oude. He also urged, that very heavy arrears were due to his father's army, and that if he were deprived of this treasure he should be unable to satisfy their de- mands. The mother declared, that she would 216 keep the whole. I do not pretend to know enough of the Mahometan law to be able to form an opi- nion on this question between the mother and her son. The Bengal government, at that time ex- ercised by General Clavering, General Monson, and Mr. Francis, espoused the cause of the Bhow Begum, in opposition to the opinion of Mr. Hast- ings. They allowed the lady to retain three parts in four of the treasure : by which decision the money received by Azoph Ul Dowlah amounted only to about eight hundred thousand pounds. It was generally believed, that the treasure left by Sujah Dowlah much exceeded the sum admitted by the Bhow Begum to be in her possession ; and it was so very difficult to prove all the remittances of money, which had been made to the treasury, that the amount of the treasure left by Sujah Dow- lah was necessarily estimated almost wholly by the admission of the lady herself. The Bengal Government guaranteed to the Bhow Begum, not only the possession of this treasure, but also of a large Jaghire> with the exercise of almost so- vereign power within that district. This decision of the Bengal Government compelled Azoph UI Dowlah to begin the exercise of sovereignty under great difficulties. The discharge of the debts left unpaid by his father was claimed from him ; and that treasure, with which they ought to have been paid, was with-held from him. Mr. Hastings considered the' Nabob of Oude as a dependant on the Bengal Government ; and when the war with 21? France begun in 1778, and the invasion of the Carnatic by Hyder Ali in the following year made it necessary for him to call forth all the resources of the Bengal Empire, he called for supplies of men and money from Azoph Ul Dowlah. That Prince furnished them cheerfully, and to a great amount; but in the beginning of the year 1782 there was no money in this prince's treasury ; and he was unable to make his payments to the Ben- gal Government ; yet the money was absolutely necessary to enable that Government to continue its exertions against France and Hyder Ali. In this embarrassment, the ministers of Azoph Ul Dowlah suggested the propriety of cancelling that division of Sujah Dowlah' s treasure between the Bhow Begum and her son, which, as they said, had been unjustly made under the authority of the Bengal Government. Mr. Hastings resist- ed this proposal : but he thought it equitable, that the mother should come to the assistance of her son ; and he therefore consented, that the mi- nisters of Azoph Ul Dowlah should employ such means as they thought expedient to prevail on her to afford him pecuniary assistance, provided that they most carefully abstained from offering any mark of disrespect to her person, or any violation of the privileges belonging to her place of resi- dence. When Azoph Ul Dowlah's ministers had obtained this permission, they watched the first opportunity of finding the Bhow Begum's two principal ministers, Johar Alt tiavm, and T 2 218 Behar All Caw?i y out of the privileged limits of her residence, and seized their persons. These two eunuchs directed all the concerns of the Be- gum. They were privy to the amount of her wealth, and to all her other secrets ; and were be- lieved to be the persons, who had principally ad- vised her to refuse assistance to her son. It was the design of Azoph Ul Dowlah's ministers to in- timidate the eunuchs to such a degree, as to in- duce them to recommend to their mistress to ad- vance money to her son. The design succeeded, and the Begum assisted her son with five hundred thousand pounds. On this charge Mr. Sheridan made a speech which both sides of the House professed greatly to admire : for Mr. Pitt now openly approved of the impeachment. I will acknowledge, that I did not admire this speech of Mr. Sheridan. The House was called on to concur with Mr. Burke in accusing Mr. Hastings. Accusatorial func- tions approach very nearly to judicial functions ; and in my opinion ought to be exercised with the same caution, and with equal observance of integ- rity. Mr. Sheridan's speech was not calculated to inform, but to mislead his hearers. The charge was adopted. The remaining charges oc- casioned little discussion. The impeachment of Mr. Hastings was voted, and carried up to the House of Lords. I have thus stated the four political charges brought by Mr. Burke against Mr. Hastings. 219 The remaining charges were of much less impor- tance ; they related chiefly to objections to Mr, Hastings's conduct in the details of his govern- ment. Although I took no part in the debate on the Begum Charge, I voted against it. Mr. Hastings had derived no advantage to himself from the permission which he had thus granted to the ministers of Azoph Ul Dowlah. He stood the minister of the British Nation, exercising powers scarcely defined by that Nation which had confided them to him. He was to exercise these powers without being assisted with the ad- vice of others. I looked only to the integrity of his conduct: I could not bring myself to punish him for mistakes, even if I had thought that mis- takes had been committed. But, in this Begum Charge, 1 did not think that Mr. Hastings had made any mistake. I thought it was equitable, that the unjust division of Sujah Dowlah's trea- sure, which had been made in 1775, should be set aside. In thus resisting the impeachment of Mr. Has- tings, I am not conscious that I was influenced by any improper motive. I had never lived in such intercourse with Mr. Francis, but I had al- ways been impressed with the idea of his being a man of very considerable abilities. I acknow- ledge, that I had disapproved of his conduct while he stood, in the Bengal Government, the opponent of those measures, which were recom- mended by Mr. Hastings. The French and 220 Hyder Ali had attacked our possessions in India. Mr. Hastings thought, that every effort of the British empire in India should be employed to resist them. Mr. Francis was of a different opi- nion. He scrupulously examined every exertion that was proposed. He viewed it in all its bear- ings, and raised every objection, which his abi- lities and his well-informed mind enabled him to bring forward. My mind had been accustomed to meditate on the misfortunes brought on us by the American War. At the commencement of that war, in 1 775, the American Colonies formed the Western branch, and our possessions in In- dia the Eastern branch of our Empire. In the course of that war the American branch was torn from us. What must have been our situa- tion if we had experienced similar misfortunes in India? How should we have treated with France, Spain, Holland, and the United States of Ameri- ca, at the commencement of the year 1783, if the British empire in India had been conquered by our enemies ? It was preserved to us; and, as I think, its preservation was the result of the ener- gies of that able statesman, Warren Hastings. I had lived in habits of acquaintance with Mr. Edmund Burke. I had no prejudices against him ; for he had not at that time involved my country in the crusade against French principles. Before he brought forward the charges against Mr. Hastings, tie conversed with me very fully on the subject. I put this question to him : 221 " Can you prove, that Mr. Hastings ever derived any advantage to himself from that misconduct which you impute to him ?" He acknowledged " that he could not ;" but added, " that his whole government of India had been one conti- nued violation of the great principles of justice." Before the charges were laid on the table, I had a second conversation with Mr. Burke on the subject. When he found that I persevered in my opinion, he told me, u that in that case I must relinquish the friendship of the Duke of Portland." I replied, " that that would give me pain; but that I would rather relinquish the Duke of Portland's friendship than support an impeach- ment which I did not approve." We parted, and our intercourse was terminated. CHAPTER XIV. On Mr. Edmund Burke. I may perhaps be thought to have spoken in some places with too much severity of Mr. Edmund Burke. My acquaintance with this gentleman began about the year 1780. My in- tercourse with him impressed me with the high- est idea of his political erudition. I say nothing 222 of his abilities : my opinion of him on that head is the same as is generally entertained, viz. that he had great powers, with very little judgment. I never had any personal difference with him : at the commencement of our intercourse my admira- tion of him was great; it gradually diminished into disapprobation of his measures, and disap- probation gradually increased into disesteem. In the autumn, 1781, when it was visible that the nation was every day becoming more tired of the American War, and that Lord North would be obliged to relinquish it, I was very anxious to see union established between the friends of the Mar- quis of Rockingham and those of the Earl of Shelburne. The friends of the Earl of Shelburne professed to wish it, and I firmly believe that they were sincere. This union was prevented by Mr. Burke; the consequences of the continu- ance of disunion sufficiently appeared on the for- mation of the Cabinet of Eleven in the ensuing spring. During the three months that Lord Rockingham was minister, in 1782, I saw much in Mr. Burke's conduct which I disapproved ; on the death of that noble Marquis, the separa- tion between Mr. Fox and the Earl of Shelburne was effected solely by the efforts of Mr. Burke. Mr. Fox was a man of kindness : malice seemed to me not to enter into his composition ; and I am very certain that he had no ill will to the Earl of Shelburne, even down to the hour of the Marquis of Rockingham's death. 223 When the separation between the friends of the deceased Marquis and the Earl of Shelburne took place, there was a meeting of the Rocking- hams at Earl Fitzwilliam's, and at this meeting Mr. Burke spoke of the Earl of Shelburne in terms so coarse and unmeasured as to preclude all possibility of reconciliation. When the Rock- inghams and Shelburnes had separated, there ex- isted three political parties, viz. Lord North's, the late Lord Rockingham's, and the Earl of Shelburne's. It was obvious, that whichever two of these parties joined, they would be too powerful in the House of Commons for the third. It may therefore be supposed, that when Mr. Burke prevailed on the Rockinghams to separate from Lord Shelburne, he had in view a union between the Rockinghams and Lord North ; but I do not believe that he at that time had any such idea. The Duke of Richmond was very earnest, that the Earl of Shelburne should be prime mini- ster, and that he himself should be considered as the head of the Rockingham party. But this was extremely disagreeable to Mr. Burke. He knew, that he had no influence over the Duke of Richmond ; and it was Mr. Burke's wish that the Duke of Portland should be brought from Ireland, and proclaimed chief of the late Mar- quis's friends. He urged this arrangement, be- cause he knew that the Duke of Portland would be entirely under his guidance ; and he sacrificed 2-24 the political strength of his party to his own per- sonal wishes. William Eden was the mezzano, who effected the coalition between Lord North and Mr. Fox ; or, as the late Duke of Norfolk, while Earl of Surrey, expressed it in the House of Commons, " He was the priest who married us." During the nine months in 1783, that the Coalitionists were in possession of the administration, they were wholly under the guidance of Mr. Burke. His arrogance was sufficiently disgusting. He ultimately ruined them by his India Bill. It was much to be regretted, that when the Marquis of Rockingham came into office in 1765, his inex- perience in public business should have made it necessary that he should have about him a person who might act as his guide. I believe Mr. Burke was a very proper person for the situation. For his failings did not perhaps at that time exist. They grew up afterwards gradually, as their growth was encouraged by the occasion. While the Duke of Portland was first Lord of the Trea- sury, Mr. Burke's influence was more authorita- tive than it had been during the life of the Mar- quis of Rockingham. For Lord Rockingham, when he would venture to do it, was capable of thinking for himself. When Mr. Burke brought forward his accu- sation against Mr. Hastings, he solicited me to support him. In the course of our discussion, 9M told me, that if I declined supporting him, I must relinquish the friendship of the Duke of Portland; and my connection with Mr. Burke, as well as with the Duke of Portland, was from that hour terminated. While Mr. Burke was the guide of the Marquis of Rockingham and of the Duke of Portland, he inculcated more openly than ever had been done before, " that every man ought to be enlisted in a party : that a member of the House of Commons ought not to consider the merit of the question immediately before the House : that he should only consider whether he wished the minister to remain in office, or that his rivals should take his place." He inculcated this doctrine both in his speeches and his pamphlets : it always appeared to me a doctrine highly un- constitutional ; but it served the views of Mr. Burke, as it recommended him to the leaders of his party ; for he accompanied the doctrine with this addition, " that as the ancestors of those lea- ders had placed the Brunswicks on the throne, they had a right to be the ministers, and to dic- tate the political measures which should be pur- sued." r But the great injury, which Mr. Burke did to his country, was by preaching the crusade against French principles. He was emphatically the Peter the Hermit, who preached up this holy war. I consider this as the great measure of his life, and if I have ever spoken of him with harshness, my language has been the result of my feelings v 226 on this subject. The French Revolution, at its very commencement, excited great alarm in the minds of princes and nobles, especially of Ger- man princes. It is well known that George III. did not conceal his opinion on this head. Mr- Burke expressed his disapprobation of the French Revolution at an early period : his language gra- dually became more violent : he professed to wish to excite all parties. Not only all parties, but every religious sect in the British Empire was called on to exert itself. He did not con- fine himself to the limits of Great Britain and Ireland ; he endeavoured to rouse every part of ihe Continent. His son was sent to a meeting of princes and ministers at Coblentz. The Em- peror Leopold and the King of Prussia were ex- cited by Mr. Burke's publications. In a word, he left no means unemployed to inflame the whole of Europe to the adoption of his opinion. The German Princes were the first who were prevail- ed on to move. I believe that Prince Kaunitz, the prime minister of the Emperor Leopold, dis- suaded his master from undertaking a war against France. The Emperor Joseph had left several parts of his dominions in a state of agitation ; particularly the Netherlands, and Hungary. The Empress Maria Theresa had been much beloved in the Netherlands; but the Emperor Joseph, her son, had contrived to set the monastic orders and the nobles in that country against him. Their discontent had led them to take arms ; but on 227 the death of the Emperor Joseph, his successor Leopold found means to appease them. Much ill humour however still remained among them. Matters were not much better in Hungary, where the Emperor Joseph had much disgusted the no- bles. Prince Kaunitz thought it would be more advantageous to the Emperor Leopold to regain the affections of his discontented subjects, than to embark in a war with France. But "this wise mi- nister was overruled : war was resolved on ; and the King of Prussia became the ally of the Em- peror. Mr. Burke seems to have had more dif- ficulty in England. He at length prevailed on the party of the great Whig families to declare for war. But Mr. Pitt hesitated. He yielded at last with reluctance. But though he consented that war should be undertaken, he does not ap- pear ever to have adopted Mr. Burke's opinion as to the motive for the war. Mr. Burke's opi- nion was, that war should be undertaken to re- establish France exactly in that state in which it had existed before the commencement of the Re- volution ; or, according to the technical language of that day, to re-establish the ancien regime. Mr- Pitt viewed it as a political war ; the object with him was a diminution of the power of France, The two objects were inconsistent with each other. The crusade has lasted nearly thirty years. Europe has already suffered much ; and I fear her sufferings are not at an end. 228 CHAPTER XV. On the Slave Trade. I was in the House of Commons during the discussions on the Abolition of the Slave Trade; but I never voted on the subject : there were cir- cumstances which led me to hesitate : and where I doubted on which side I ought to vote, I thought it most safe to abstain from voting at all. No man can like the Slave Trade. It is oppressive to the slave ; it is more injurious to the master, for it corrupts his morals ; accustoming him to believe, that he may live with other human crea- tures wit-bout being subject to the restraint of mo- ral duties. Perhaps there is no country in Europe in which the proportion of slaves to freemen was at one time greater than it was in England. I apprehend that this was owing to the Heptarchy. The di- vision of the country into seven kingdoms produ- ced wars : wars occasioned captives, and captives became slaves. Servi quia servabantur. The wise decisions of our courts of law, assisted by other circumstances, effectuated enfranchisement. I will mention some of these circumstances. First, the courts of law decided, that an illegitimate child could not be a slave, or, as our law calls him, a serf or villein. He could inherit no advan- 229 tage from his parents ; it would therefore have been unreasonable that he should inherit a disad- vantage. Secondly,. if the female slave, or, as she is called in our law books, a nieje, married a free- man, she became enfranchised during the cover- ture, and her children were free. Thirdly, if the male slave became a monk he became free. It was the same if the female slave became a nun. There were many other decisions of the courts of law, which favoured the enfranchisement of vil- leins. I will only mention one more, and I shall select that because it was made at so late a period as the reign of Richard II., and in opposition to the wishes of the legislature. If A, the villein of B, brought an action in a court of law against B, and B pleaded in bar of his action, though A failed in his suit, yet A, the villein, became enfranchi- sed ; for B, by pleading in bar to his action, had treated A as a freeman ; and he could not after- wards falsify his own admission. To prevent this inconvenience, B was under the necessity of plead- ing in abatement, or disability of A's person. His plea therefore would regularly have run in these words, " That he, B, was not bound to answer A's action, because that he, A, was his villein, re- gardant to B's manor of Wellington in the county of Somerset." To this plea in abatement, A, according to the regular course of pleading, ought to have replied in these words, viz. ; *' That he, A, was free, without this: that he, A, was the villein of B, regardant to B ? s manor of Welling- u 2 230 ton in the county of Somerset." Then, accord- ing to the ordinary rules of pleading, this ques- tion, whether A was a villein regardant to B's manor of Wellington in the county of Somerset, ought to have been tried by a jury of Somerset- shire. But, in favour of liberty, the courts of law departed from the ordinary course of pleading, and decided, that A should be allowed to plead in a manner different from what was commonly pre- scribed : and they allowed A to plead in these words, viz. " That he, A, was free," omitting any answer to the other part of B's plea. By this advantage thus allowed to A, the question or issue between A and B was no longer accompanied with any circumstances of locality. The issue or question between the parties was simply whether A was free, and was therefore to be tried by a jury of that county in which A had brought his action. In the seventeenth of Richard II. an Act of Parliament was passed, reciting an inconveni- ence from this mode of pleading, and applying a remedy. The act recited, that it often happened, that a villein fled into a town, where the inhabi- tants were disposed to favour the claim of free- dom. That he then brought a fictitious and co- lourable action against his lord, with a view to one of these two advantages, iitr. u That if the lord pleaded in bar of his action, he, the villein, might be enfranchised by his lord's plea : and if the lord pleaded in disability of his person, and in abate- ment of his action, that then the plea might be 23i tried by a jury every way disposed to find in the villein's favour." To remedy this mischief, the statute enacted, that the lord might plead in bar of the villein's action ; accompanying his plea with a protestation, that the plaintiff was his vil- lein : and that a plea in bar, accompanied with this protestation, should not render the villein free. This statute was written in the French lan- guage. It was manifestly intended for the pro- tection of the lord's interest against the ill found- ed claim of his villein. Sir Edward Coke, in commenting on this statute, translated it incorrect- ly ; and having, from this circumstance, puzzled himself, concludes by saying, " it is a perplexed statute, and that he does not know what to make of it. 5 ' The words which Sir Edward Coke trans- lated incorrectly are the following. The statute recites, that the villein flies into a town, ou il est fort a trier envers son seigneur. Sir Etfward Coke translates these words, IVhere is it hard to try against his lord. Whereas the true translation is, IVhere he y the villein, is powerful in trial against his lord. And thus, by this mistake in the transla- tion, Sir Edward Coke supposes the legislature to have had in view a mischief directly the reverse of that which they really had in view, and which they wished to remedy. But the wise solicitude of our courts of law, to increase the number of freemen, defeated these efforts of the legislature to preserve the character of villeins in England. For the courts decided, that if the plaintiff reco- 232 vered, his action then could not be deemed ficti- tious and colourable. It was therefore not a case within the statute. The defendant was not enti- tled to any benefit under the statute, and the vil- lein was enfranchised by the defendant's plea. Perhaps one of the circumstances, which the most contributed to the enfranchisement of our villeins, is that which is generally considered as one of the greatest calamities recorded in our his- tory : I mean the long civil war between the houses of York and Lancaster. The lords en- franchised their villeins, that they might use them as soldiers. It is a common expression in the historians of that period, in speaking of a great lord who took part in the civil wars, seiuitia ar- tnavit. And, as an inducement to the villeins to serve as soldiers, they enfranchised them, and granted them lands to be held by copy of court roll. Sir Edward Coke, who wrote in the reign of James L, says, that half the land in England was at that time copyhold. As the proportion of copyhold land is now very much diminished, it is possible that some people may doubt the accura- cy of Sir Edward Coke's assei tion. But let it be recollected, that a great proportion of the land in the western counties was even ^o late as in the memory of people now living, held by leases for ninety-nine years determinable on lives. And wherever this practice prevailed, there is ^reat reason to believe, that the lands had antecedently been held by copy of court roll. 233 Wherever Slavery has prevailed, it has gene- rally been the result of conquest. On the fall of the Roman Empire, the Northern nations overran France, Spain, Portugal, and Italy, They es- tablished servitude in all these countries. The Normans conquered England. Whether they re- duced any of the Saxons to slavery, or were con- tented with the slaves whom they found in the island, is a question on which I have not formed any opinion. During the time of the Roman Re- public much of the population of Italy consisted of slaves. We know also, that a large proportion of the inhabitants of Athens were slaves. It was probably the same in other states of Greece. We find in the Old Testament, that Joseph was sold to the Midianites passing from Palestine into Egypt. If the practice of carrying slaves into Egypt had not been established, it is not proba- ble, either that Joseph's brethren would have thought of selling him, or that the Midianites would have purchased him. These Midianites were probably a caravan of slave merchants. Let it not be supposed, that I am a friend to Slavery, because I thus remark on its antiquity. My only difficulty is about the best means of abolishing Slavery. I doubt whether it ever can be abolished by the means which have been adopted. The inhabitants of the southern and western parts of the United States of America will with great reluctance be brought to relinquish the use of slaves. In Spanish and Portuguese 234 America, all attempts to abolish the Slave Trade will be unsuccessful. I have remarked, that the change of the race of the inhabitants has in most countries been occasioned by conquest. But this will not be the case in respect to the Negroes carried to America. They will be carried there as slaves, but the inhabitants will gradually be- come a mixed race. When the Abolition of the Slave Trade was first suggested in the House of Commons, I did not think, that the means, by which it was pro- posed that the abolition should be effected, were judicious. I had entirely approved of the mea- sures by which it was hoped that the sufferings of the slaves in their passage from Africa to the West Indies might be diminished. The bounty given to those captains, who transported their slaves with the smallest average loss, appeared likely to produce the most beneficial consequences. I thought this idea should have been farther ex- tended. I thought no slaves should be allowed to be transported from Africa to the islands, ex- cept in large ships. In a large ship the number of the crew frees them from apprehension of the insurrection of their slaves. And from this cir- cumstance, they are enabled to allow more indul- gence to the Negroes. The number of the slaves on board each ship ought by law to have been re- gulated, and proportioned to the tonnage. I be- lieve, that since the open exportation of slaves has been prohibited, much misery has been experi- 235 enced by the slaves, from their being carried by contraband in small ships immoderately crowded. But my chief hope of an amelioration in the con- dition of the slaves was from the decisions of the courts of law. I believe, that the courts in the West Indies still persevere in not permitting a Negro to give evidence in any cause, either civil or criminal. I cannot conceive how this maxim has arisen. It certainly is not drawn from the common law of England. If the veracity of the witness is doubted, from the circumstance of his being a slave, let the objection go to his credit, not to his competency. As the law now stands, the Negro is considered as below the rank of a reasonable being. When the Negroes were brought to the island, the legislature ought to have provided, as far as possible, that every Ne- gro should be annexed to some plantation : that he should become gleka ascriptus, and that he should never afterwards be sold to any other mas- ter except with the plantation. As the law now stands, the judgment creditor may levy his debt by the sale of the Negroes on the plantation, and thus break the nearest connections. Privileges might have been granted to such Negroes as were born within the island, for they are not so likely to take part in insurrection as the Negroes newly imported. By these, and other similar regula- tions, the legislature and the courts of law might have ameliorated the condition of the Negro, and gradually elevated him to the character of a sub- 236 ject. But this plan was not approved of. The Trade was to be immediately abolished : its abo- lition was voted by Parliament ; but it has not yet been effected. And I doubt whether that aboli- tion ever will be effected by the means pursued. CHAPTER XVI. Will Revolution produce an increase of Happiness to Mankind ? This is a question, which must frequently recur to every reflecting mind. I have no hesita- tion in saying, that I think Revolution will add to the happiness of mankind. The only country in which we have yet seen a Revolutionary Govern- ment completely established is America : and there the prosperity of the people has been more rapid- ly increased than it is probable that it would have been under the old Government, Before the in- dependence of the United States of America, the governors sent from Great Britain to its colonies were, for the nlost part, necessitous courtiers ; and the object of Government was to check the growth of the Colonies. In France the Revolution is not yet completed: for although a Representative Government is es- 237 tablished, those who are entrusted with the exer- cise of that Government are considered by the People as desirous of destroying it. The atten- tion of the People is therefore employed anxious- ly to watch over the Executive Government, and to defeat its efforts. I will add, that the improve- ments already derived from the Revolution in France are so great and so visible, that the People will never submit to see the ancien regime re-es- tablished. In Spain we at present only see the beginning of a revolution : but the seed is sown, and a Re- volutionary Government will be established in that country. Probably Governments will be es- tablished in the Spanish Colonies of a character similar to that which is about to be established in the mother country. This will be fortunate ; for similitude of government will promote their inter- course and connection with each other. One cir- cumstance will probably be an immediate conse- quence of a revolution in Spain. If the Spanish Government remains unaltered, Cuba must very soon belong either to the United States of Ame- rica or to Great Britain. But if Revolutionary Governments are established in Old Spain and the Spanish Colonies on the Continent, Cuba may adopt a similar government, and become a mem- ber of that confederacy. A revolution in Old Spain, if accompanied by the establishment of free Governments in her Colonies, will produce a most rapid improvement. Her agriculture, her manu- 238 factures, her commerce, and her naval power, will soon increase to such an extent as must give her great weight in the affairs of Europe. I have said her naval power ; for an unfettered intercourse be- tween Old Spain and the Spanish Colonies will create a marine, equal to that which now exists in any other state in Europe. I am not sufficiently acquainted with the state of Germany, or Italy, to be able to form any opi- nion how far it is probable, that a Revolutionary Government may be established in either of those two countries. In Great Britain we have a Representative Go- vernment. Some few abuses have been allowed to creep into it : correct those abuses, and Revo- lution will not take place. But if those abuses are not corrected, an Oligarchy will be establish- ed, which will fetter Royalty, humiliate Aristocra- cy, and trample on the People. Such an Oligar- chy will be removable only by Revolution. 239 CHAPTER XVII. On the Consequences of the Revolution in Spain. Toulouse, March 14, 1820. An account has been this morning received in this city, that the King of Spain has accepted the Constitution declared by the Cortes in 1812. This circumstance must influence the happiness of many millions. I have already made some re- marks on the probability of such an event ; but now that the Revolution in Spain is complete, I am unavoidably led to extend my reflections. The first circumstance which will occur to every man is, that there is now a second revolution in Europe, brought about by the standing army of the coun- try. For although the commercial cities and men of education were joined with the army in producing this Revolution, yet the army was cer- tainly the most efficient instrument. Knowledge had spread itself in the Spanish army, and it rose to rescue its country from wretchedness and igno- miny. The first country in which we have seen a new Government established by Revolution is Ame- rica. The obstinate perseverance of George III., in his endeavours to compel the inhabitants of the 240 British Colonies to submit to a violation of their rights, has given birth to a new nation, called the United States of America. The Government established in this nation is without King, or No- bles, or political Church : and history does not afford us an example of any nation, in which the happiness of the inhabitants, or the prosperity of the whole, considered collectively, has been more rapidly increased. There were primary causes, which must at some moment or other have pro- duced a change in the French Government : but the Revolution in America certainly accelerated the Revolution in France. The French Revolution has brought forward the Revolution in Spain. In both these countries revolution has been the work of standing armies. Kings have been accustomed to consider standing armies as that support of their power on which they could most rely : let them ponder on what they have seen in France and in Spain. German Princes have been already led to this reflection by what has taken place in France ; and they have entertained a hope, that they should be able to stop the progress of liberty by what they have been pleased to denominate a Holy Alliance ; for this is the name which Kings have impudently given to their confederacy against the liberties of mankind. This Holy Alliance has not been able to prevent the Revolution in Spain. Whatever may be the wish of the Bourbons in France, they have not dared to send their troops to the assis- 241 tance of Ferdinand. Had they sent French troops, these would most probably have joined the insur- gents ; and they hesitated to employ their Swiss corps. They endeavoured to retain in France those Spanish patriots, who had been obliged to take refuge in that country: but even in this their efforts were ineffectual ; for most of the Spanish refugees found means to return to Spain. Aus- tria and Prussia could send no assistance to the King of Spain, because they had no shipping to transport their troops ; and although Russia might have sent assistance by sea, it could not have ar- rived in Spain before the summer. Knowledge has spread itself in the army of the King of Prus- sia. What sentiments must not he be inspired with by this Spanish Revolution ? Can he enter- tain the hope, that his army will assist him to keep down the general wish of his subjects for a Re- presentative Government? Throughout the Pro- testant part of Germany this wish is everywhere prevalent ; and it does not appear, that there is in any part of Germany much personal attachment from the subjects to their sovereigns. In the Ca- tholic part of Germany knowledge has made less progress : it is probable therefore, that a Revolu- tion will not take place in the Catholic part of Germany, so soon as it will in the Protestant part. The impending downfal of the Papal power will occasion a change in the Government of Italy. I will not pretend to say what effects such a change may produce. There can be little doubt but that x2 242 Portugal will soon follow the example of Spairt, The Braganza family cannot hold both Brazil and Portugal : whichever of these two countries this family may choose to reside in, the other will withdraw itself from its subjection. Whether the animosity which has so long subsisted between the Portuguese and Spaniards will prevent Por- tugal from uniting itself to Spain, I cannot say ; but the union would be advantageous to both countries. Should a Representative Government be established in Spain, a similar constitution in her American Provinces, and the whole united by a Confederacy, the Spanish empire will in- stantly become of the first importance, both in Europe and in America. The United States of America will probably first feel her influence : she will not consent to the cession of the two Flori- das. The province of Mexico is much interested to prevent this cession ; and, when supported by the mother country, Mexico will be able to pre- vent it. A Confederacy, such as I have suggested, will create the most formidable barrier to the growth of the United States of America. It will check their growth to the westward : for although the western part of the United States is the richest country, and that from which the greatest im- provement may be expected, yet it is at present the least defensible part : the Spanish force would be able to prevent its progress. Cuba, likewise, would be preserved from the dominion, either of 243 the United States of America, or of Great Britain. The same language, with similitude of habits, and descent from the same common ancestors, render such a Confederacy probable. It is possible, that the cruelties practised during the late civil war in America may have alienated the inhabitants of that country from Old Spain ; but those cruelties are more justly to be attributed to Ferdinand and his ministers, than to the people of Spain. Both hemispheres have been struggling for the same object: viz. civil liberty. This newly created Spanish empire will have the means of commerce beyond any other nation in the world. Commerce will give her a military marine. Towards the close of the fifteenth cen- tury, when Ferdinand united Castile and Arragon by his marriage with Isabella, Spain was more advanced than any other nation of Europe, in science, in literature, in agriculture, in commerce, and, above all, in the love of civil liberty. Is it not possible, that we may soon see the Spanish character renewed in all its strength, the ornament of the human race ? But even though such a Confederacy should not take place, Mexico will check the growth of the United States, and pre- vent them from acquiring either the Floridas or Cuba. Another consequence of the tranquillity likely to take place in Spanish America will be the in- crease of her productions, both agricultural and mineral ; and new branches of commerce will be £44 opened both with India and China. The esta- blishment of a free Constitution in Spain will form an epoch in the history of mankind. We have seen, for some years past, attempts to stop the exportation of Slaves from Africa to America. I have already said, in the course of these reflections, that I always thought that these efforts would be ineffectual. If the Spanish Co- lonies severally establish Representative Govern- ments, they will not submit to be prohibited from transporting Negroes from Africa to America. Their desire to bring that fertile country into cul- tivation will induce them to resist the restraint. The arguments, which have been employed to excite an abhorrence of the Slave Trade, have been of two sorts ; viz. first, that the trade was repugnant to humanity ; secondly, that it was repugnant to the Christian religion. Political objections, which perhaps are the strongest, have not been much resorted to. I will acknow- ledge, that I have never been able to discover any passage, either in the Old or New Tes- tament, prohibiting such a trade. Joseph was certainly sold by his brethren to a caravan of slave merchants. This was an act of wickedness ; but it is censured only as the wicked act of individuals. I do not recollect in the New Testament any re- ference to the trade in Slaves. In respect to the inhumanity consequent on the Slave Trade, every man must think of it with extreme regret, but there certainly are means, by which the sufferings of the Negroes may be diminished. Nations 245 have most commonly changed their places of abode in the shape of conquering armies: the Ne- groes change it in the character of slaves : it may- be doubtful which mode occasions the greatest loss of human life. As late as the treaty of Utrecht, we bargained for the exclusive privilege of selling Negroes in Spanish America ; and we did not relinquish this privilege till the peace of Aix-la-Chapelle in 1748. If my memory is not incorrect, the negociation for peace between Mr. Pitt and M. Bussy, in 1761, failed of success, be- cause Mr. Pitt demanded a cession of more fac- tories on the western side of Africa, than the French minister chose to yield. Those factories were only wanted for the purpose of carrying on the Slave Trade more extensively. I mention these circumstances with a view to remind those, who are most zealous for the abolition, to how late a period the Trade in Slaves has not been consi- dered as immoral. If, when fairly contemplated, it is found to increase human misery, every man must wish it to be abolished ; but the improve- ment of those parts of America, which are yet un- cultivated, will most probably render its abolition impracticable. A Representative Government in Spain will render the re-establishment of the ancien regime in France impossible. Nobles and fanatics may make the attempt, but it will only occasion their own destruction. When, in a former place, I spoke of a Revolt* * 246 lion in Spain, I spoke of it only as a probable event ; but a Revolution has now actually taken place in that country. The Constitution, which the people call for, is that which the Cortes voted in 1812; and if it should be ultimately adopted, the Government of Spain must be considered as republican. The Spanish Colonies in America are in a different situation now from what they were in 1812. Most probably they will be form- ed into Independent States, and united with the mother country by a Confederacy. Such an ar- rangement would give more force to the Confede- rated States of the Spanish Empire than they could possess if under one government. Portugal will very soon follow her example. What influence must not the Spanish Revolu- tion have on France ? At the commencement of this winter, the object of the French Government was confined to the change of the law of Elec- tions, and of the law for recruiting the Army. By changing the first, they hoped to give to the Noblesse more influence in the election of the Chamber of Deputies : by changing the latter, they hoped to give to the Noblesse the commis- sions in the army. The assassination of the Duke de Berri induced -the French Government to extend their views: and they have brought for- ward two other projects ; viz. a bill for re-estab- lishing lettres de cachet, and another bill for es- tablishing a censure on the Press. The first pro- ject has been carried into effect : the two Cham 247 bers have passed it into a law. The second will most probably be adopted. The pretence for the censure on the Press is, that the minds of men are heated by political publications ; and this is true. But Louvel will most probably be found to have been excited to the assassination of the Duke de Berri by those publications, which held out the necessity of re-establishing the ancien regime ; and these are publications, which the French Govern- ment does not wish to repress. Lettres de cachet can have very little effect where the bias of the na- tion is opposed to the wishes of the Government. The army, the commercial interest, and men of reading and reflection, unite in wishing to pre- serve a Representative Government in France. The noblesse, the fanatics, and the Bourbons, op- pose them. The strength of the two parties is so unequal, that there can be little doubt which must be overpowered. Revolution will proba* bly soon take place in the Protestant part of Ger- many ; perhaps even in the Catholic part. England may avert Revolution: but it can on- ly avert it by a Reform of the House of Com- mons. I will acknowledge, that I have accus- tomed myself to think, that this Reform might be effected by correcting abuses, and repairing on the old foundation ; and that I have listened with aversion to the proposal of Universal Suf- frage. The new Spanish Constitution seems to hold out something, which approaches very near to Universal Suffrage : it remains to be seen whe- 248 ther it can be carried into effect. But when the People of England see a pure Representative Government established in the United States of America, in Spain, in France, perhaps even in Portugal ; can it be supposed, that they will be content with that mutilated and disfigured Repre- sentation, which now exists in the House of Com- mons? They certainly will require a more perfect Representation of the People. They will be led to call for this, not solely from theoretical reflec- tions, but from their sufferings under that immo- derate load of taxes, which has been imposed on them in consequence of the unnecessary wars of George III. A Question. Will not the hatred excited by Kings against the principles of Liberty excite, in the course of its re-action ; hatred to the Magis- tracy of Royalty? 249 CHAPTER XVIII. On the Consequences of the Transition from an Agricultural to a Manufacturing and Commer- cial Character. At the commencement of the Rebellion, in 1640, England must be considered as an agricul- tural nation. The cod fishery on the banks of Newfoundland was scarcely discovered ; and the herring fishery, at that time the great fishery of Europe, was in the possession of the Dutch. The Dutch also possessed the carrying trade. The French were the manufacturers of Europe. England possessed scarcely any manufacture, except that of woollen. This she owed to the refuge, which Queen Elizabeth had afforded to the manufacturers driven out of the Low Coun- tries by the Duke of Alva. The Navigation Act, established by Oliver Cromwell, gave the first spring to English commerce ; and from that period to the present day we have gradually re- linquished the character of an agricultural, and assumed that of a manufacturing and commercial nation. From the peace of Aix la Chapelle, in 1748, to the commencement of the seven vears* war, in 1756, England seems still to have re- gained its agricultural character. The price of v 250 corn was low. The Journals of the House oi Commons show, that, during that period, a large sum of money was annually granted to assist the export of our corn. The wars during the reign of George III. seem to have had the greatest effect in producing the change. I will not presume to state how they have produced this change ; but I believe they have produced it. They have changed the na- ture of the property from real to personal ; for the National Debt, as well as the increased moveable, is all personal property. This transi- tion has changed the national character. War has been so advantageous to many individuals, that the people have been easily deluded into unne- cessary wars. From the commencement of the year 1775 to the present time (a space of forty- five years) we can scarcely be said to have had more than ten years of peace. An immense debt has been the consequence. During the war begun in 1793, the opposition concurred with the mini- stry in the wish for war: taxes were therefore laid with very little consideration of the manner in which they bore upon the people. The only ob- ject was to destroy those French principles, on the destruction of which certain great nobles had persuaded themselves that their power depended. Their efforts failed : the principles of the French Revolution have been established ; and Great Britain is left with a debt, a great part of which she must either get rid of, or relinquish her sta- 251 tion among the other nations of the world. Divi- dends payable by the public are of the nature of pensions ; with this difference, that dividends have been sold by the public, while pensions have been gratuitously granted. But whether sold or gratuitously granted, if they exceed what the public revenue can pay, they will necessarily be diminished. Whenever the event happens, the distress will be extreme : I think of it with terror: but I know the time will come when Troy must fall ! It is to be hoped, that those men who may be in power when this event shall take place will do every thing they can to diminish the calamity. The most rigorous retrenchment, the abolition of gratuitous Pensions and unnecessary Places, the sale of Crown Lands, perhaps even of Church and Corporation Lands, ought all to be resorted to before a suspension of dividends should take place. Above all, we should avoid embarking in any more unnecessary wars. Let the nations of the world settle themselves as they please, or rather in the manner which chance may occasion. No statesman has sufficient penetration to foresee the effects of that war in which he embarks his country. We began the crusade against French principles in the year 1793. Did those who be- gan that war expect the consequences which have followed from it? For French principles have most certainly been established in France, and will most probably be established in Spain and her 252 Colonies. I believe, that none of those, who ex- cited us to war in Spain, will venture to say, that they at that time wished to see the principles of Civil Liberty established in that country; yet they will probably live to see those principles establish- ed there. Did those ministers, who in April 1806 brought forward the doctrine of blockade, intend to establish manufactures in Germany ? Human foresight is too uncertain to justify ministers in risking the happiness of nations by embarking in speculative projects. There is one class of men, whose character has been remarkably changed by this transition from real to personal property : I mean the Lawyers. I began my attendance in Westminster Hall in January, 1765. Lord Mansfield was at that time Chief Justice of the King's Bench. He was not only a man of great abilities, but he possessed a great store of legal knowledge acquired by patient reading. I am aware, that this is an opinion not generally entertained of him. Vanity led him to wish to intimate, that he did every thing by ge- nius, and nothing by industry ; and perhaps this induced men to believe, that he was not what the lawyers call a black lettered lawyer : but he cer- tainly had a great store of knowledge, well trea- sured up ; and, as far as I could observe, he was a very upright judge. Were I to mark the fail- ing, which was most prominent in his character, it would be his want of courage : he seemed to me alwavs to stand in fear of Sir Fletcher Nor- 253 | ton ; but I very much doubt whether he had any good will to him. On the right hand of Lord Mansfield sat Mr. Justice Wilmot, a very learned judge, formed by much reading and reflection. He tried causes at Nisi Prius with the most com- mendable patience and the strictest integrity. On the left hand of the Chief Justice sat Sir Joseph Yates, a well-read lawyer, particularly eminent for his knowledge of pleadings. The fourth judge, who took his seat on the bench the day on which I first attended the court, was Sir Richard Aston. He was a man of a very old family in the North — I believe in Cheshire. I had an oppor- tunity of seeing him several times in the character of judge on the Western Circuit. He tried causes with strict integrity ; and though, perhaps, he had not that store of legal learning, which was pos- sessed by his three colleagues, he was a man of sound sense, and his decisions were generally right. Whoever contemplates the characters of these four judges will, I believe, concur with me in opi- nion, that no man ought to expect, that the Court of King's Bench should ever be better filled. These judges had all been formed by patient read- ing and thinking. The books to which they had applied themselves are those, which have handed down to us the law of real property from remote times. These books had given to the lawyer a species of logic peculiar to his profession. It was not the same with the logic of the Schoolmen, but y 2 254 , it was more powerful. When employed by Lit- tleton, the mind is kept on the stretch, as it is by the reasoning of Aristotle. In the hands of Sir Edward Coke, it approaches nearer to the subtle- ty of Locke. I have no doubt, but that you will see upon the bench, in future times, men equal in natural abili- ties to those whom I have mentioned ; but they will not have been formed in the same manner : they will have been formed at the desk, not by patient reading. By .the old mode of education, the lawyer first acquired science, and afterwards immersed himself in practice. By the modern mode, he begins with that knowledge which is to be acquired by practice, and he must emerge to science, if he ever acquires it. Lawyers, formed according to the modern mode, will perhaps have more dexterity in the application of their know- ledge, than lawyers formed according to the old mode : perhaps they may be even more useful advocates for private clients : but it is to be fear- ed, that they will be deficient on great constitu- tional questions. Lord Somers remarked to King William, that it was of great importance to the crown, that the bench should be filled with Con- stitutional Lawyers. I will now mention a few circumstances respect- ing the characters of those advocates, whom I found in possession of business when I first atten- ded Westminster Hall. Mr. Serjeant Glynn possessed the largest store of legal knowledge. 255 i 1 recollect a conversation, which I had with Mr, Serjeant Hill on this subject, towards the latter end of that gentleman's life. I mentioned to him Mr. Dunning, and asked whether he was not equal in legal knowledge to Mr. Serjeant Glynn ? He answered, "No, every thing which Dunning knew, he knew accurately ; but Glynn knew a great deal more." I need scarcely mention Mr. Serjeant Hill's own character as a lawyer. His death hap- pened so very few years ago, that his legal repu- tation is known to every one. He was full of knowledge ; but, in conversing with him, it was very difficult to keep him from wandering from that subject on which you wished to be informed. He hated the law of tythes ; he said, " that the decisions on that branch of the law were founded in folly and injustice." Whenever I conversed with him on this subject, he became in a very short time so heated, that there was no getting any farther information from him. I have heard the late 'Mr. Serjeant Walker say, that Mr. Serjeant Prime was the ablest law- yer he had ever known ; and I recollect an anec- dote told me by Lord Thurlow respecting this gentleman. Lord Thurlow said, " I drove Mr. Serjeant Prime from the bar, without intending it. I happened to be walking up and down Westminster Hall with him while Dr. Florence Henzey was on his trial in the Court of King's Bench for High Treason. Serjeant Prime was at that time the King's Prime Serjeant, and as such 256 had precedence over all lawyers in the King's service. But the ministers of that day wished to pay court to Sir Fletcher Norton, though at that time he had no other rank than that of King's Counsel : they had therefore entrusted the con- duct of the trial to Sir Fletcher Norton. I hap- pened/' said Lord Thurlow, " to make this re- mark to Mr. Serjeant Prime : 'It is a little sin- gular, Sir, that I should be walking up and down Westminster Hall with the King's Prime Ser- jeants while a trial at bar for High Treason is going on in that Court.' The expression struck him : he felt the affront which had been put on him : he went the next morning, resigned his of- fice, and retired from the profession." There are two other men of the profession, on whom I cannot refrain from making a few obser- vations. I knew them both intimately: I loved them both; for both were peculiarly kind to me: I mean Mr. Dunning, afterwards Lord Ashbur- ton ; and Mr. Thurlow, afterwards Lord Thur- low. Mr. Dunning was the quickest man I ever knew at the Bar. If an objection was to be taken or answered at Nisi Prius, he did it on the in- stant : his style of reasoning was sometimes too subtle for his hearers. Mr. Thurlow was not a quick man ; I have often heard him make a speech at Nisi Prius, while he was considering what an- swer he should give to an objection taken by his adversary. He had a magniloquentia, which was •always imposing ; but perhaps neither his style 257 of speaking, nor his legal knowledge, nor the powers of his mind, were suited to the common run of Nisi Prius practice. He obtained no in- considerable share of business in the Court of King's Bench at an early period of his life. Lord Mansfield checked his progress ; not from ill- will to Mr. Thurlow, but from a wish to pay court to Sir Fletcher Norton. I will give an in- stance of this, much talked of when I first at- tended the courts. Mr. Thurlow had to argue against the execution of a power in a marriage settlement : he took three objections : he argued the two first objections with great ability, and closed with telling the court, that he thought the case so clear on the two objections which he had argued, that he would not trouble them with any argument on his third objection. When Lord Mansfield delivered the opinion of the court, two or three days afterwards, he did it in these words: 11 Mr. Thurlow, we decide against your client on the two objections which you have argued ; we decide in his favour on the objection which you have abandoned." No young lawyer could rise while exposed to such unfavourable remarks. I saw him afterwards for several years in the Court of King's Bench, a King's Counsel, almost with- out business. Soon after he had begun to obtain some degree of practice at the bar, he was put in- to the House of Commons for the Borough of Tamworth, by Lord Weymouth. 1 have been told, that he was at first heard with very little at- 258 tention : I saw him afterwards the most powerful and the most useful lawyer ever possessed by a minister in that House. He was made Chancel- lor in 1778 : when the Coalition came into power in the spring of 1783, Mr. Fox deprived him of the Great Seal. He accompanied this depriva- tion with circumstances of harshness, which always surprised me : harshness was not conge- nial to the natural disposition of Mr. Fox ; and there was no personal enmity between them ; for Lord Thurlow always spoke of Mr. Fox with partiality, and continued to do so to the day of his death. On Mr. Pitt's return to office, on the 20th December, 1783, Lord Thurlow again received the Great Seal. It is well known, that for some years before Lord Thurlow was a second time de- prived of the Great Seal, he and Mr. Pitt had not lived on pleasant terms. I never could discover the cause of this. I recollect Lord Thurlow's having once said to me, " When Mr. Pitt first became Prime Minister, it was a very unpleasant thing to do business with him ; but it afterwards became as pleasant to do business with him as with Lord North." Every one knows, that in- tercourse with Lo»d North was peculiarly plea- sant. Lord Thurlow strongly disapproved of Mr. Pitt's conduct on the impeachment of Mr. Hastings : how far that contributed to excite ill humour in him I cannot say. Lord North once said to me, " Your friend Lord Thurlow thinks, that his personal influence with the King autho* 259 rises him to treat Mr. Pitt with humeur. Take my word for it, whenever Mr. Pitt says to the King, ' Sir, the Great Seal must be in other hands/ the King will take the Great Seal from Lord Thurlow, and never think any more about him." It turned out exactly as Lord North had said to me : the Kjng took the Great Seal from Lord Thurlow, and never concerned himself about him afterwards. I have no doubt, that this conduct of the King was wholly unexpected by Lord Thurlow : it mortified him most severely. I re- collect his saying to me, " No man has a right to treat another in the way in which the King has treated me : we cannot meet again in the same room." But Lord Thurlow had not read the character of his master with the penetration of Lord North. CHx\PTER XIX. On the Consequences of a King of Great Britain being a German Sovereign. The Brunswick family was selected to wear the Crown of England, as the best means of se- curing us from the return of popery and despo- tism. The establishment of this family, on the 260 death of Queen Anne, has preserved us from those evils which we dreaded. But the benefits which we have received have been mixed with some alloy. We have the character of George I. sketched by the hand of the Earl of Chesterfield, He had opportunities of approaching this Monarch, and I believe he has given us a correct character of him. He tells us, that he was a dull German gentleman. That he neither understood, nor con- cerned himself about the interests of England ; but that he was well acquainted with the interests of Hanover. One of his first acts, after his acces- sion, was to prevail on the British Parliament to purchase for him the Duchies of Bremen and Verden, from the King of Denmark, for the sum of 250,000/. This act was unjust, impolitic, and a violation of good faith. During the difficulties of Charles XII. of Sweden, the King of Denmark had seized on these territories. It was evident, that the King of Denmark, who had not a pre- tence of right, would not be able to keep them. It was therefore a purchase of stolen goods from a thief, who, if we had not purchased, must have abandoned them. It was impolitic ; for it render- ed Sweden the enemy of Great Britain for very many years. It was also a violation of that treaty of Munster, in 1648, which England had guaran- teed. I believe the pretence for calling on Eng- land to pay this money was the advantage which she derived from her trade up the river Weser ; an advantage which she could not have been de- 261 prived of, even if the King of Denmark had kept the territories. During this reign, we were in- volved in all the mysteries of German politics. We engaged in a war with Spain in 1718, in sup- port of the views of the Emperor of Germany. It was a subject in which Great Britain was wholly uninterested. Fortunately, the war was short. Perhaps the character of George II. may be drawn nearly in the same words as that of his father. He was a dull German. Possibly the ex- pression gejitleman, might be left out ; for he was sometimes coarse and brutal. The war of 1741 had originated in a dispute with Spain. It might have been begun for British interests : it was con- tinued in consequence of German connections. The same may be said of the war of 1756. It was begun for the support of British interests in America ; but the lavish expenditure and the con- tinuance of this war, were for the support of George the Second's views and interests in Ger- many. When George III., in his first address to the British Parliament, made use of these words, " Born and educated in this country, I glory in the name of Briton," the expression was hailed with joy. The nation thought, that they had got a British King, and that German interests would not in future be attended to ; but they have been mistaken. Though George III. never visited Hanover, yet in the progress of his life he became 262 in character as truly a German Prince as ever his grandfather had been. All his younger sons were sent to Hanover to be educated. They returned to England fashioned after the manner of the younger sons of a German Prince. The enlarge- ment of His Majesty's German dominions seems to have been as much the object of attention in the reign of George III. as it was in the reign of George I. or George II. George I. acquired Bremen and Verden. George II. acquired the Duchy of Saxe Lawenberg. But the acquisitions during the reign of George III. have been more extensive and more important. By the treaty of Amiens he acquired the Bishopric of Osnaburg ; and by the late arrangements at Vienna the rich Bishopric of Hildesheim, with the Duchy of Min- den and principality of East Friesland, have been added to his German dominions. The title of Elector has also been changed for that of King of Hanover. What difference was intended to be produced by this change I cannot say. It may perhaps be imagined, that, as the Duke of York was Bishop of Osnaburg, the King, his father, had some right to the acquisition of that Bisho- pric. But this is a mistake : Osnaburg and Hil- desheim have both been obtained by acts of injus- tice. During the thirty years war, which prece- ded the treaty of Munster in 1648, every Protes- tant Prince in Germany took possession of the dominions of those ecclesiastical princes whom he was able to oppress. I believe, that during that 263 period, the Elector of Brandenburg got possession of thirteen ecclesiastical sovereignties, and by the Treaty of Minister he got them annexed to his dominions. A Prince of the House of Brunswick Lunenburg had got possession of the Bishopric of Osnaburg, and wished to have it allotted to him as a temporal fief. The Roman Catholic powers saw that it was necessary to resist the views which the Protestant Princes had formed of secu- larizing the different Bishoprics in Germany, They decided to make a stand on the question for secularizing Osnaburg. After much discussion, the matter was compromised : it was agreed, that the Bishop should alternately be Catholic and Lu- theran ; that the Catholic Bishop should be elect- ed by the chapter, and the Lutheran Bishop named by the Duke of Brunswick Lunenburg. This arrangement was adhered to until the treaty of Amiens in 1802. By that treaty the chapter was deprived of its right of alternately nominating the Bishop, and the whole Bishopric secularized in favour of the Elector of Hanover. Those sove- reigns who engaged in the crusade against French principles were, I have no doubt, as they profess- ed, enemies to the violation of established rights ; or, to use a fashionable expression, they were ene- mies to the violation of la legitimise. Yet, some how or other, it has so happened, that there is scarcely one German Prince, who has been a par- ty in this crusade, who has not violated the rights 264 of his weaker neighbour for his own immediate benefit. The British Nation saw with pleasure the pro- bability of the Princess Charlotte succeeding to the throne of Great Britain. Their pleasure arose from this circumstance ; that by her succession Great Britain would be disentangled from her connection with Hanover. For as the King's German dominions are male fiefs, the Princess Charlotte was not capable of succeeding to them. Our hopes were that time disappointed. We now flatter ourselves with a similar hope from the succession of the daughter of his late Royal High- ness the Duke of Kent and Strathern. Should she succeed to the throne, we may have the good for- tune to possess in her a Sovereign exclusively British. I have thus stated the inconveniences which have arisen from the House of Brunswick being possessed of dominions in Germany. I do not mean by this statement to undervalue the advan- tages which we have obtained from their succes- sion to the Crown of Great Britain. The sup- port of that family on the throne of Great Britain has preserved us from popery and despotism, and the deliverance is inestimable. By the expression popery, I do not mean the religious opinions in which the Catholics differ from the Protestants ; I mean papal power considered politically. It was to that power that James II. was bigotedly de- voted. Had he succeeded in establishing it, des 265 potism must have followed. But every English man must feel the advantage which his country would derive from possessing the Brunswick fa- mily unconnected with German dominions. Those dominions are incapable of defence by their own internal strength. Hamelen, the only fortress in the country, was taken and dismantled by Buonaparte. The King of Prussia can at any time take possession of Hanover, if it is not pro- tected either by Russia or by Austria. If Great Britain is interested in its defence, she becomes thereby to a certain decree subservient to the views of Russia or Austria ; a subserviency which every Englishman must regret CHAPTER XX. Characters of George II. and Queen Caroline. I have said in a former place, that the death of George II. did not appear to have occasioned much regret in the nation. I believe, that I am correct in this assertion. He has been reproach- ed with having burnt the will of his father ; Mr. Walpole, in his Reminiscences, gives a detailed account of Archbishop Wake's having produced the will at the Council table ; of the King's hav- z2 ing taken it, and walked out of the room without saying a word ; and that neither the Archbishop nor any member of the Council had the courage to demand, that the will should be registered. But the King is unjustly reproached for this con- duct. The will was really waste paper : for by the common law, a King of England can dispose of no property by wall. All his property, whether real or personal, is vested in him in his corporate capacity, and devolves on his successor. During the reign of Queen Anne a circum- stance happened, which made it necessary that this question should be discussed. King Wil- liam had furnished the palace of Hampton Court: he made a will and appointed executors. A question arose, to whom did this furniture belong, to the executors of King William, or to Queen Anne, his successor? Eight of the most eminent lawyers gave their opinion, that the property be- longed to the Queen. As the matter is curious, and the opinion short, I will here state the words in which it was given, with the names of the se- veral lawyers who concurred in it. 11 We the undersigned declare, that we hold it for undoubted law, that jewels, and other perso- nal property of that nature, have ever been by the law of England denominated catalla, Anglice chattels. We also declare, that by the same law jf England, jewels and other personal chattels of \t nature, which have been purchased by the 267 King or Queen of England, and not disposed of during his or her life, do not descend on the death of such King or Queen to that person whom such King or Queen may have appointed executor of his will ; but that they belong solely to that per- son who is successor to the Crown ; and this law has been established by the opinion of lawyers, and has been ever approved and observed ; and this we well know to be the law, from our own experience, from the writings of men learned in the law of England, from the books of the annals of decisions during the reigns of the several Kings of England, and from the records in our courts of justice ; and to this opinion we have subscribed our names. HEN. HATSELL. THO. POWYS. JA. MOUNTAGUE. R. EYRE. JO. HAWLES. JO. CONYERS. CON. PHIPPS. SAM. DODD. " Declared and subscribed by the above named persons, on the 24th December, 1708, Old Style, before me, Tho. Trevor." In the year 1800, I had further occasion to consider this subject. Towards the close of the session, Sir John Mitford, at that time Attorney General, brought in a Bill to enable the King to make a will of his personal property. The House was very thin, as it usually is at that season of the 268 year. Sir John Mitford moved, that the bill should be read a second time the next day. I was a little startled at this, as it had the appear- ance of the bill being a measure, which Sir John Mitford wished to have passed through the House without observation. I pressed, that the second reading might be deferred for two or three days ; he yielded at last, though with much reluctance. When the subject was the next time mentioned in the House, I suggested two points for his con- sideration. First, " whether the King's personal property, which was the expression used in the bill, was not too large and too indefinite ; and I wished him to consider, secondly, whether he in- tended that, if the King should die without hav- ing made a will, his personal property should be distributed to his next of kin, according to the statutes of distribution." In consequence of these suggestions, the bill was altered to its present form, viz. ; confined to the power of bequeathing any property that might be accumulated out of cer- tain funds ; and enacting, that in case his Majes- ty made no will, his personal property should de- scend according to the course of the common law ; that is to say, to his successor. I believe I was the only member who made any objections to this bill. I cannot therefore say, that it was discussed in the Hous. ; but the objections, which I had taken, made it necessary for me to examine the subject. His late Majesty, King George III., had acted 269 by his grandfathers will in the same manner as his grandfather had acted by that of George I. ; for he considered it as a non-operative instrument, and as such put it into the fire. I knew that William Duke of Cumberland, son of George II., had applied to the late Mr. Booth, as to the prac- ticability of his recovering a large legacy left him by his father's will. As Mr. Booth's papers were in the possession of a friend of mine, I applied to him to permit me to see Mr. Booth's opinion. He complied with my request. Mr, Booth's opi- nion was like all the other opinions of that learned lawyer, a most elaborate investigation of the sub- ject ; and he closed his opinion with this expres- sion, u that a King of England has, by the com- mon law, no power of bequeathing personal pro- perty." When my friend furnished me with this opinion of Mr. Booth, he furnished me at the same time with a copy of George the Second's will of his Hanoverian property, made in 1751 ; and also with a copy of a codicil to the same will, made in 1759 ; he also furnished me with copies of two codicils to the will of the King's English property. I had read in Bub Doddington's Me- moirs, the late Earl of Chatham's notion as to the immense personal property of George II. When I read it I thought the suggestion wild. But when I read the will of His Majesty's Hanoverian property, ' made in 1751, I saw that the Earl of Chatham's opinion was not so void of foundation as I had imagined, In that will the King had 270 left legacies to a prodigious amount. To the Duke of Cumberland alone he had left near four millions of German dollars ; with large legacies to his other children and private friends. But in a codicil to this will, made towards the close of the year 1759, he revoked many of these legacies, assigning as a reason, that his personal property was greatly diminished by the expenses of the German war. This codicil contained many very pathetic expressions, denoting his great affection for his Hanoverian subjects ;. and pointing out the necessity there would be of taking off many of those taxes, which had been imposed on them during the war. I do not know whether the Elec- tor of Hanover is restrained by the laws of that country from disposing of his personal property by will : but I have been told, that William Duke of Cumberland never was paid the more mode- rate legacy, which he was entitled to under the codicil. George II. had always publicly kept a mistress; most certainly with the knowledge of the Queen ; and it was generally believed that his mistresses were chosen by the Queen. I believe Mr. Wal- pole is right when he says, that the Queen was the woman who had the strongest hold of his af- fections. I recollect a circumstance mentioned to me by my father, which is a proof of this asser- tion. The morning after the King's death, my father and Sir Edward Wilmot, who were the only two King's physicians then in town, received an 271 order to be present at the opening of the body, and to report their opinion as to the causes of his Majesty's death- A paper of directions left by the King, as to the manner in which his body should be treated, &c, was produced ; and in that paper he had directed, that the coffin should be so constructed, that one side of it might be drawn out. The coffin in which the body* of Queen Caroline was placed had been construct- ed in a similar manner ; and his Majesty direct- ed, that one side of each coffin should be drawn out, so that the two bodies might be in one coffin. I believe these directions were very ex- actly observed. George II. while Electoral Prince of Hanover, had served in the Duke of Marlborough's army, and had given distinguished proofs of personal courage : but I believe that this was the only mi- litary qualification which he possessed. He had neither literature, nor taste, but had a strong sense of decorum. I will mention a little anecdote as a proof of this. The Duke of Richmond of that day was one of the King's chief companions. A Doctor of Divinity of the Duke's acquaintance, eminently learned, had acquired a knack of imi- tating the various caterwawlings of a cat. The Duke had no taste for his friend's learning ; but he took great pleasure in hearing him imitate the cat. He had often talked to the King of this un- common talent which his friend possessed, and had pressed his Majesty to allow him to place 272 this gentleman behind his chair, one day at din- ner, that he might himself judge of his extraor- dinary power of imitation. The King at last con- sented ; and this learned man was one day placed behind the King's chair, while he was at dinner. The King was for some time amused with his various imitations; he at last turned round to see the, gentleman, when he received a bow from a gentleman full dressed in canonicals. The King was so shocked at the sight, that he could not refrain from saying to the Duke of Richmond, " Do take him away : I cannot bear buffoonery from a man in such a dress." If this may not be mentioned as a proof of the King's good taste, it mav at least serve to show that he had a strong sense of decorum. We have a character of Queen Caroline drawn by the Earl of Chesterfield. He begins with saying, u She was a woman of lively, pretty parts. Her death was regretted by none but the King. She died meditating projects, which must have ended either in her own ruin, or in that of the country." This is the character given of her by Lord Chesterfield. The latter part of it al- ludes to an opinion, which some people enter- tained, that she wished to set aside Frederic Prince of Wales, and place William Duke of Cumberland on the throne. She was remarked for insincerity. It was a common saying among the courtiers, that they wished his Majesty had less sincerity, and her Majesty more. She seems 273 to have had taste. We are indebted to her for the Serpentine River in Hyde Park, and the trees so happily disposed in that Park. On the accession of George II., Sir Robert Walpole's rival exerted himself to gain the favour of Mrs. Howard, the King's mistress. Sir Ro- bert had the sagacity to discover, that the wife had more influence than the mistress. He often exulted in his superior judgment on this occa- sion ; and used to say, in language somewhat coarse, "I took the right sow by the ear." The Queen knew enough of the King's disposition to be sensible, that he did not choose to part with his money ; and as she never wished to displease his Majesty, Mr. Walpole tells us, that she ob- tained money from his father without the King's knowledge. I have no doubt that this account was true ; but she had probably other ways of supplying herself. It was so generally believed that she sold church preferment, that the clergy, who attended court, usually went by the name of her Majesty's black game: she died in conse- quence of an operation most injudiciously recom- mended. Mr. Walpole says, that Lady Sundon's influ- ence with Queen Caroline arose from her being possessed of the secret of her Majesty's being aiflicted with a navel rupture. I doubt the accu- racy of Mr. Walpole's opinion on this subject. Before her death the circumstance was generally known, Dr, Sands, a man midwife, suggested, a a 274 that a cure might be effected by the injection of warm water. Though my father was not at that time a court physician, yet he was sufficiently eminent in his profession to have the circum- stances communicated to him by medical men. I have heard him say, that Dr. Mead entered a most positive protest against the experiment ; and my father added, that any man, who was ac- quainted with anatomy, must have known that the proposed remedy could by no possibility be of service, and was likely to produce calamity. I believe, that Sir Edward Hulse was the only court physician who approved of the proposal. At the time that the operation was performed, every wish to keep her Majesty's malady a se- cret must have been abandoned : for the courtiers both male and female were assembled in the an- tichamber waiting the event. The intestine was burst in the operation, and Dr. Sands and Sir Edward Hulse saw, that the Queen must inevitably die of a mortification within a few hours. The only question which then remained for the two physicians was to consider how they might get out of the palace before the unfortunate issue was known. They determined to say that the opera- tion had succeeded. As soon as the two physi- cians came out of the Queen's chamber, and an- nounced their success, the old Duke of New- castle, who was among those who waited in the antichamber, ran up to Dr. Sands and hugged him, exclaiming, f 1 You dear creature, the nation 275 can never sufficiently reward you for having saved the life of the most valuable woman in the world V' The doctor struggled to get away, apprehensive that some of the ladies, who had gone in to the Queen after the physicians had left her, might come out and disclose the truth. CHAPTER XXL Reflections on an intended Marriage between Fre- deric Prince of Wales and Lady Diana Spencer. Among the Reminiscences of Mr. Horace Walpole, he takes notice of a plan, which had been formed by Frederick Prince of Wales to mar- ry Lady Diana Spencer, the granddaughter of the old Duchess of Marlborough, who was to have given him 100,000/. with her as a dowry ; and that his father, Sir Robert Walpole, had prevent- ed the design from being carried into effect. If this marriage had taken place, would it have been beneficial or injurious to Great Britain ? I have already taken notice of the mischiefs, which have ensued from Frederick Prince of Wales having married a Princess of Saxe Gotha. It was natural, that this German Princess should 276 wish that her husband should possess the same sort of sovereignty as she had seen exercised by her father in Germany. But sovereignty of this character is inconsistent with the principles of the English Constitution. Had the Prince of Wales married Lady Diana Spencer, he would have had a wife not actuated by these sentiments. It may be said, that had the Prince of Wales married this lady, he would have degraded himself by thus forming an inferior connection ; but this is rather a German than an English notion. Lady Diana Spencer was of a family eminently noble : it is true, she was not of a princely house, and there- fore by the laws of Germany the marriage would have been a mesalliance^ and the children would not have been entitled to succeed to the Electo- rate of Hanover. But would not this have been a benefit to Great Britain ? We have derived many advantages from the Brunswick family hav- ing been placed on the throne of Great Britain ; but the possession of German dominions by that family has been a considerable drawback. From the accession of George I. the interests of Great Britain have been too frequently sacrificed to the interests of the Elector of Hanover. Of the six wives of Henry VIII. four were the daughters of hrs English subjects ; yet he was never thought degraded by those marriages. King Edward VI., Queen Elizabeth, King James I., Queen Mary, and Queen Anne, were the chil- dren of subjects ; yet they were never thought of 277 with less respect on that account. They were re- lated by blood to many of their subjects ; but this circumstance never occasioned any prejudice to the country. The House of Brunswick has pos- sessed the crown of Great Britain more than one hundred years ; but it still remains a German family. Of the King's seven sons, five have been educated in Germany ; and with the exception of the Duke of Sussex, whose health rendered such an education impracticable, they have been edu- cated in the same manner as the voun^er sons of other German Princes ; that is to say, as German military. But this is an education not likely to produce those sentiments, which are suited to an English Prince. Let me suppose that Frederick Prince of Wales had had as many children by an English wife as he had afterwards by his marriage with the Princess of Saxe Gotha, and that he had given his daughters in marriage to British Nobles, and married his sons to British Heiresses. Would this have been a prejudice to the country ? I think the contrary. I think it would have been highly beneficial. He would have surrounded the throne with nobles interested to guard its rights : his sons would not have been viewed as men drawing maintenance from the public purse ; as unnecessary, but expensive appendages. They would have been ingrafted in the common stock ; and while solicitous to guard the prerogatives of royalty, they would have been interested to defend the principles of the Constitution. View the dif- a a 2 , 278 ference which at this time exists between a young- er son of the King, and a nobleman of large land- ed estate, with a power of placing half a score members in the House of Commons. Is such a difference of situation beneficial to the country ? King Henry IV. is said to have been related by blood to every Earl in the kingdom ; and that the usage of the King's addressing Earls by the title of Cousin has arisen from this consanguinity. Long may the dynasty of Brunswick remain : but let it be a British family. I am aware, that there are men, who might profess to fear this influence of the crown over great families from consanguini- tv. Let it however be remembered, that it would be an influence perfectly consistent with the prin- ciples of our Constitution. I think it would be advantageous to the country, that a great family should be connected with the crown by the means which I have mentioned, rather than by the pos- session of great sinecure employments. Under the Plantagenet dynasty, many of our noble fami- lies were allied to the crown. Between sixty and seventy members of that family are said to have perished during the contest between the houses of York and Lancaster. This sufficiently shows how much the alliances of the royal family were extended ; and it does not appear, that any incon- venience ever arose from these alliances. On the deposition of Richard II. it is scarcely possible, that the title of Mortimer could have been forgot- ten; for he had been publicly recognized as the 279 heir and successor to the crown but a little while before. Henry IV. did not choose to define ex- actly by what title he claimed the crown. He was, by his mother's side, the heir of the Earls of Lancaster, who were descended from a brother of King Edward I. Mr. Hume takes notice of a report that had been propagated, that this brother of Edward I. was really the elder brother ; and that he had been postponed in the line of succes- sion by his parents, on account of some personal deformity. Whether such report ever had exist- ed before the accession of Henry IV., or whether it was ever much credited, cannot now be ascer- tained. Henry IV. did not choose to claim as a King elected by Parliament. He seems to have stated his title to have been that of a King de facto et de jure, without further explanation. If the principles, avowed at the Revolution in 1688, had been fully recognized on the deposition of Rich- ard II., most probably Henry IV. would have stated his title in a different manner. For at the Revolution in 1688 the Parliament proceeded on the idea, that James II. had abdicated, or in other words forfeited, not for himself alone, but for all those who might claim as heirs through him ; and therefore, after Queen Mary's death, William III. was preferred, in the succession, to the Princess Anne of Denmark. The same principle was ob- served in the act of settlement, when the Bruns- wick family, descended from a daughter of James I., was called to the succession before the nearer 280 heirs, descended from Henrietta, Duchess of Or- leans, daughter of Charles I. Nor is the princi- ple unreasonable. A peer, by the commission of high treason, forfeits not only for himself, but for all who claim through him. I am aware, that this is under an act of Henry VIII. ; but, if the subject were fully considered, I think it would be found, that that act of Henry VIII. was only de- claratory of the common law. I am also aware, that though the Scottish Parliament used the word " forfeited," the English Parliament only said, that the King had " abdicated." But the word abdicated was certainly used as synonimous to forfeited. At the accession of Henry IV., how far a King could forfeit, how far a Parliament could elect a new dynasty, were questions not ac- curately settled. And although discontented no- bles sometimes set up the title of Mortimer, dur- ing the reign of Henry IV., yet, if the mental de- rangement of Henry VI., inherited most probably from his maternal grandfather, had not given oc- casion to the title of Mortimer being brought for- ward, the same principle of law, which was adopt- ed in 1688, would have been held to have been the law on the deposition of Richard II. ; viz. that a King, whose conduct has induced a for- feiture of royalty, has forfeited, not for himself alone, but for all who claim the succession as heirs to him. But the dispute between the houses of York and Lancacter did not result from the numerous alliances of the royal family. It was a 281 question, as to the right of succession, between two branches of the same family. In reference to this doctrine, that a King, by his conduct, may forfeit for his heirs as well as for himself, I may be told perhaps, that, by the common law of Eng- land, a King can do no wrong. I admit this doc- trine in its fullest extent : it is the doctrine of liber- ty, not of despotism. The meaning of the prin- ciple is, thai ministers shall not protect them- selves from being punishable for their conduct by saying, that they acted under the immediate orders of the King himself. But since the Norman Con- quest, we have four instances of Kings who have suffered for their conduct : viz. Edward II., Richard II., Charles I., and James II. The three first were put to death ; the latter was deprived of royalty. Upon what principle can the conduct of the nation towards these four Monarchs be justi- fied, except on this principle, that they were pun- ishable for misconduct ? Whether we say that James II. had abdicated, or had forfeited, or had been deprived, if we do not use this expression to signify, that the right of those who were in the line of succession to him was extinguished by the King's misconduct, upon what principle was the princess Anne of Denmark postponed in the order of succession to William III. ? 282 CHAPTER XXIL On the Consequences produced by the personal Character of George III. George III. is now no more. This circum- stance authorizes us to review his character with the same freedom as we may do that of any of those Monarchs who have preceded him. I have already mentioned the character which he displayed at the commencement of his reign ; that he was sober — temperate — of domestic habits — addicted to no vice — swayed by no passion. The whole tenour of his life has justified the impression, which was first received of him. Those who approached him formed another opi- nion of his character; in which, however, the event has shown, that they have been totally mistaken. They thought, that he was a weak man, and that we should probably have a reign of favouritism. These ideas were entertained even by sagacious men ; but they were conceived erroneously. George III. was not a weak man. His objects were little, and injudiciously chosen : but no Monarch ever displayed more dexterity in his choice of the means to obtain those objects. So far from his life having been a reign of favouri- tism, he does not appear ever to have entertained £8S kindness for any minister whom he employed, ex- cept for the Earl of Bute : and after he found, that this nobleman wanted the courage necessary for his purposes, he seems to have withdrawn all his favour from him, and never more to have wished to replace him in office. But George III. had been educated by his mother. She had formed her ideas of sovereign power at the court of her father, the Duke of Saxe Gotha : and she could never bring herself to be of opinion, that sove- reignty should be exercised in Great Britain in a manner different from that in which she had seen it exercised at her father's court. In Saxe Gotha, sovereignty is property : in Great Britain it is magistracy. In Saxe Gotha, the Sovereign's per- sonal wishes and opinions are to be obeyed, and he is his own minister ; in Great Britain, the So- vereign is to choose for his ministers those, whonfi he thinks most qualified to advise measures bene- ficial to the country. If he does not approve of the measures they recommend, he may remove his ministers and appoint others ; but whatever measures are carried into effect, the advisers ought not only to be responsible, but distinctly known and recognized as the advisers. This is not an opinion, which has been only theoretically adopt- ed by those who have treated of the English Con- stitution ; it has been explicitly declared in Parlia- ment. An act once existed, enacting, that every measure recommended by the Privy Council should be signed by those Privy Counsellors who 284 advised it. This law sufficiently declared the principles of our Constitution, It completely ne- gatived the idea of the King being his own minis- ter. But ministers did not choose to have their names so openly exposed, and the act was repeal- ed. The sentiment, which the princess Dowager had most anxiously impressed on the King's mind was this, viz. that he should be his own minister; that he should vigilantly observe every attempt of his ministers to assume control over him, and use his endeavours to prevent it. The Princess Dow- ager was led to enforce this sentiment on her son, not only from the manner in which she had seen sovereign power exercised in her father's court, but also from the control which she had seen ex- ercised by the Pelham party over George II. The conduct of that party to her late husband and herself had excited her resentment ; and this re- sentment mingled itself with her political aversion. The wish to be his own minister, and to exercise his power personally, was the leading feature in George the Third's character, through his whole reign. It influenced his domestic, as well as his political conduct. There does not appear any in- terval, in which this sentiment was suspended. The miseries occasioned by his reign have all flowed from this source. Like other Monarchs, he was desirous of power. But it was not the de- sire of becoming a military conqueror, or even of extending his dominions. It was little more than the desire of appearing great in the eyes of his 285 pages and valets de chambre — that it might be said " The King gave away such a bishoprick," or " appointed to such an employment." It was the little object of a little mind. The reign of George III. has from its com- mencement exhibited a struggle between the King's personal wishes and the opinions of his os- tensible ministers. The two first wishes, which he seems to have entertained, were to break the power of the Pelham faction, and to restore peace. These wishes were judicious. But the instrument, which he employed to effectuate- his objects, was unfortunately chosen. The Earl of Bute was not qualified to be a minister. He was removed ; and from the time of his removal we may date the establishment of the double cabinet ; viz. secret advisers and ostensible ministers. The measure of taxing our American Colonies by the vote of a British Parliament, was brought forward while Mr. Grenville was the ostensible minister. Whether this measure proceeded from the interior cabinet, or from the ostensible minis- ter, is a matter of doubt. From the obstinacy with which the King persevered in it, from the eagerness with which it was proclaimed, that it was personally the King's object ; that those who supported it were his friends, while those who opposed it were to be ranked as disloyal, and as his enemies ; from this language being held long after the death of Mr. Grenville, when his influ- ence must have ceased, men are induced to s\ Bb 286 pect, that it was the King's measure rather than that of Mr. Grenville. There is another circumstance, which leads men to doubt, whether the measure originally proceeded from Mr. Grenville. From the begin- ning of that gentleman's administration it was manifestly his object to increase the public reve- nue. If the only idea which operated on his mind was, that America ought to contribute a portion of the public revenue, he had no occasion to bring forward the Stamp Act. He had the money already collected. He might have employed it in aid of the public service, without affording the Americans a pretence for complaint. I will ex- plain what I mean by this assertion. It had been deemed advisable to encourage the growth of va- rious articles of American produce, by allowing a bounty on their importation into Great Britain. I have been told, that when the Stamp Act was brought forward by Mr. Grenville, the bounties thus payable on American produce amounted to five hundred thousand pounds a year. Mr. Grenville only proposed to raise two hundred thousand pounds a year by the Stamp Act. If revenue alone was his object, it is scarcely credi- ble, that he could have overlooked this sum, which was already in the coffers of the public ; and resorted to a mode of taxation, which from its novelty was necessarily uncertain. But revenue was not the object of those who recommended the Stamp Act. Power and patronage influenced 287 their wishes. I do not pretend to know who were the real advisers of the Stamp Act. Per- haps hereafter it may be ascertained. The King dismissed George Grenville, because he found him not sufficiently subservient to his views ; he dismissed the Marquis of Rockingham, because that nobleman had repealed the Stamp Act ; he appointed the Duke of Grafton minister, and it was given out that the noble Duke was to act under the guidance of the Earl of Chatham ; but soon after the establishment of this ministry, the Earl of Chatham was taken ill ; his illness was of very long continuance, and of such a na- ture as to preclude him from all intercourse with others on any public business. During this inter- val of Lord Chatham's absence from the cabinet, the King contrived to have the question of taxing the American Colonies again brought forward. By playing man against man, and faction against faction, he at length obtained his wishes, and the American Colonies found themselves reduced to the alternative of unconditional submission, or ex- plicit and avowed resistance : they chose the lat- ter. While the King was pursuing this object of reviving the dispute with America, he seems to have employed that maxim of the politician, Di- vide et impera, with much dexterity. The late Earl of Shelburne told a friend of mine, " that the King possessed one art beyond any man he had ever known ; for that, by the familiarity of his in- tercourse, he obtained your confidence, procured 288 irom you your opinion of different public charac- ters, and then availed himself of this knowledge to sow dissension." The war began in 1775, and was continued for eight years* when the King, much against his wishes, was compelled to relinquish the contest — he was compelled to relinquish it, because he could find no man, who would consent to be the ostensible minister for carrying on the war. But he still retained so strong a desire to continue the contest, that he could not refrain from employing his household troops to affront the Earl of Shel- burne, the minister who had made the peace. The Earl of Shelburne would not submit to the affront ; he resigned, and the King found him- self under the necessity of appointing the Coali- tionists his ministers. These gentlemen came into office strongly impressed with .the opinion they had formed of the King's character ; viz. that nothing could induce him to relinquish the wish he entertained of being his own minister. I recollect the answer which Mr. Fox once made me when I put this question to him ; " Whether it was not possible for him to conciliate the King?" He replied, u No, it is impossible : no man can gain the King." And I believe Mr. Fox's an- swer was just. The King must have seen, that Lord Thurlow was devoted to him ; yet he re- moved Lord Thurlow the moment Mr. Pitt re- quired his dismission. And he did this, not from any regard for Mr. Pitt, for he never had any re- 289 gard for him : but because Mr. Pitt was more ne- cessary to his immediate views. When the Coalitionists came into office in the early part of the year 1783, they were impressed with the ne- cessity of controlling the King's wishes : and although the Coalition had to a certain degree rendered Mr. Fox and his friends unpopular, yet I think that the Coalitionists would have retained their power, if they had not been under the gui- dance of Mr. Burke. But the wrong-headedness, the arrogance, the violence, and the corrupt views of that gentleman, deprived the ministers of the confidence of the country. Mr. Pitt consented to be the King's ostensible minister ; and the gene- ral election which followed his appointment com- pleted the downfal of the Coalitionists. I have said, that Mr. Pitt consented to be the King's os- tensible minister. But I do not mean by this to insinuate, that Mr. Pitt was ready on all occasions to comply with the King's wishes. Neither of them loved the other. It was impossible for Mr. Pitt to forget the King's treatment of his father ; and there was too much original integrity in Mr. Pitt's character to allow him to be acceptable to the King. I believe they had many quarrels. There was one in particular, which became gene- rally known. The King had relied, that he could make Mr. William Grenville minister, in case he was compelled to separate himself from Mr. Pitt. Mr. Pitt determined to deprive the King of this great card. He therefore suggested to his Majes- b b 2 * ly, that it was necessary that Mr. Grenville should be placed in the House of Lords. The King saw Mr. Pitt's object* and resisted. It was said, that this resistance was Carried to such a length* that Mr. Pitt had actually resigned \ but that the Queen prevailed on the King to yield to Mr. Pitt's de- mand. Mr. William Grenville was removed to the house of Lords, and thus the King was de- prived of the only man, whom he could have named as successor to Mr. Pitt in the House of Commons. During the whole of the King's reign much use had been made of his personal and private charac- ter. It was industriously propagated, that the moral character of a King was the circumstance the most to be attended to by his subjects. And when the King's eldest son grew up, the contrast between the father and the son was industriously and malevolently remarked by every courtier. This operated two ways. It raised the King's character, and depressed that of him who was to be looked to as his successor. The Prince of Wales is now become our So- vereign ; posterity will appreciate his merits. I will however mention one or two circumstances in which he has been unfortunate. The King was very happy in the choice of Bishop Markham and Mr. Cyrill Jackson, as the Prince's preceptor and sub-preceptor ; I believe also, that the Earl of Holdernesse was a very proper man for the office of Governor to the Prince. Ill health made it ne- 291 cessary for the Earl of Holdernesse to go abroad. On his return, sickness had probably rendered him peevish. He complained of the ascendancy, which Mr. Jackson had obtained over the mind of the young Prince. Bishop Markham vindi- cated his assistant ; and the King availed himself of the disunion to dismiss them all. I consider the removal of Mr. Jackson as a national calami- ty. I knew him well. He was a man of a, mas- ter mind : eminently qualified to educate a young Prince. After he had quitted the office of sub- preceptor to the Prince of Wales he took orders, was made Dean of Christ Church, and dwindled into the character of a schoolmaster. Those who have only known him while Dean of Christ Church will form a very inadequate idea of the powers of his mind. The Prince was in his fif- teenth year when the Earl of Holdernesse, Bishop Markham, and Mr. Jackson, were removed from about his person. If the King could have replaced them even with men better qualified, they would most probably not have possessed the same means of guiding the Prince as were possessed by those who had the care of him from his earliest years. But the men who succeeded were wholly une- qual to the charge ; and the Prince's education was terminated. The Princess Dowager of Wales had kept the King out of society. Tie pretence was the preservation of his morals. The King seems to have had the same ideas respect- ing the Prince of Wales ; not recollecting, that. 292 as his preceptors were removed, the remaining part of his education must depend on his compa- nions. There was another circumstance in the King's conduct towards the Prince, equally unfortunate. When his Royal Highness came of age, an esta- blishment was assigned to him far beyond what could be supported by the very moderate income which was allowed him. This occasioned him to contract debts ; and when it became necessary that those debts should be discharged, very little care was shown to protect the Prince's character from disgrace. The courtiers were everywhere active in contrasting the regularity of the King's life with the indiscretions of the Prince. On the establishment of the Prince's household, every man must have seen, that an expense was created which his income would not be able to discharge. Parental affection, and the political solicitude which the Monarch in possession ought to have for the character of his immediate successor, should both have attracted the King's attention. There was another circumstance also, which ought not to have been overlooked. The Duchy of Cornwall was the Prince's property from the hour of his birth. When he came of age, the Prince was put in possession of the re- venues of this Duchy. But the Prince obtained no part of that revenue, which had been received from the Duchy during his minority. A differ- ent treatment was shown to the Duke of York. 293 When he came of age, the whole revenue re- ceived from the Bishoprick of Osnaburg, during his minority, was paid over to him. There was another circumstance respecting the Duchy of Cornwall, by which a still greater injury was done to the Prince of Wales. The King procured an act of Parliament to be passed, authorizing him to grant leases of the Prince's lands in Cornwall for ninety-nine years, determinable upon lives ; for these leases the King received fines during the Prince's minority, to the amount I believe of about two hundred and fifty thousand pounds. What a difference would it have made to the Prince, if, when he came of age, estates in pos- session had been delivered up to him, instead of reversions expectant on leases for ninety-nine years, with small rents reserved. Even this sum of two hundred and fifty thousand pounds received by the King for the leases which he had granted, though obviously an inadequate compensation, was not paid over to the Prince. It may be said perhaps, that the King received this power from Parliament. I admit it : but the Parliament had no right to grant this power. It was a gross breach of faith by the guardian of the Prince's estates. I am justified in saying, that the Parliament is as much the guardian of the Prince's estates as it is of the demesnes of the Crown. I am justified in saying this by the conduct of the House of Com- mons in the reign of Henry IV. Richard II. had granted away many of the estates of the Duchy 294 of Cornwall. The House of Commons took no- tice of this, and sent up a bill to the House of Lords, requesting their concurrence in a bill for the restoration of these lands to Prince Henry, af- terwards King under the name of Henry V. The House of Lords refused to concur ; but though they refused to concur with the Commons in the bill, the House of Lords addressed the King, to direct the law officers of the crown to commence suits against the possessors of these lands on be- half of the Prince : the address was complied with, and the lands were recovered for the Prince. In the suit subsequently instituted, in the reign of James I. by his son Prince Henry, for lands, part of the Duchy of Cornwall, which had been im- providently granted away by Queen Elizabeth, though the proceedings were only in a court of law, the same doctrine seems to have been adopt- ed ; viz. that the estates of the Prince of Wales were as much under the protection of Parliament as the demesnes of the crown. I am aware that it will be said, the Prince of Wales afterwards re- ceived a compensation for his rights. He brought a suit against the King, by petition, and, in 1803, received two hundred and twenty thousand pounds for compromising his claim ; a sum shamefully inadequate. But what would have been the dif- ferent situation of the Prince, if he had received even this sum in 1783, when he came of age, in- stead of receiving it in 1803 ? In mentioning the subject, one can scarcely refrain from contrasting 295 the conduct of Edward III. with that of George III. When Edward the Third's son was little more than eleven years of age, he gave him an hereditary estate in the Duchy of Cornwall, with the immediate possession of all its revenues. He at the same time invested him for his life in the Principality of Wales, and the Earldom of Ches- ter, with the immediate possession of their reve- nues. The reason assigned in our law books for this conduct is, because the King's son coruscat patris radiis. Edward III. saw with pleasure the attention of his subjects attracted towards his son and future successor. German sentiments pre- vented George III. from feeling this delight. Mr. Pitt was completely established in the si- tuation of prime minister after the general election in 1784; and seems to have had more control over the King than any other ostensible minister, subsequently to the resignation of the Earl of Bute. Mr. Pitt owed this power to the fear in which the King stood of the Coalitionists ; and after his Majesty's illness in 1788-9, his apprehen- sions were probably increased. The French Re- volution burst forth in 1789. George III. saw the consequences, which this Revolution was like- ly to produce on kingly power. It is well known, that he said to every courtier who approached him, " If a stop is not put to French principles, there will not be a King left in Europe in a few years." But Mr. Pitt had sufficient control over the King to restrain him from embarking in war 296 against France. It was not till the end of the year 1792, that Mr. Pitt's influence on this sub- ject was overruled. At the close of that year, Mr. Burke prevailed on the great Whig families to declare themselves in favour of a war with France. They were received by the King with joy. Mr. Pitt yielded to the King's wishes, and the crusade against French principles was com- menced. The contest is not yet terminated. This is my opinion, while resident in France, on the 7th of March, 1820. In the town which I now inhabit, the house formerly occupied by the Inquisition has been purchased for the use of the Missionaries : and it is well known, that a body of men, under the name of secrets, are still kept in the same town and its neighbourhood. Proba- bly they are not so numerous as they were in 1815. They were then uncontrollable. They openly murdered General Ramel, the Commander of the King's forces in this town. I believe other ge- nerals in the service of Louis XVIII. experien- ced the same fate in other parts of France. The Missionaries openly preach the necessity of restor- ing confiscated property to the church ; and their discourses have much influence on the common people. While it is known, that two such bodies of men are kept on foot, can it be believed, that the nobles and fanatics have relinquished their hope of re-establishing the ancien regime ? They will probably make the attempt, but their efforts will fail. The great body of the French Nation 297 will never consent to the re-establishment of old abuses. The contest is begun in Spain : the army, the commercial interest, and men of learning, are united in the demand of a Constitution, and the assembly of the Cortes. They are opposed by the King, the priesthood, and a large proportion of the nobles. Most probably a free Constitu- tion will terminate the contest. Kings and nobles ought to recollect, that the United States of Ame- rica have now acquired that degree of impor- tance, that the opinions of the inhabitants of that country must necessarily influence the opinions of the inhabitants of Europe. The Spanish Colo- nies in America will probably soon form a Go- vernment similar to that of the United States. Let Kings and Nobles also recollect, that every effort, which has hitherto been made to stop French principles, has only contributed to strengthen their growth. During five months, in the year 1788-9, Roy- alty in Great Britain existed only in abeyance. This was a misfortune. Should a long minority take place before the House of Commons is made the representative of the intelligence and opulence of the country, Oligarchy or Revolu- tion will most probably be our lot. There is an- other circumstance which deserves the considera- tion of Kings. It has been generally supposed, that standing armies form the surest support of c c 298 royal power : but this is not always the case: the French Revolution was effected by the army. If Spain succeeds in establishing a free Constitution, she will be indebted for it to her army. I have said, that George III. had not the wish to be a military conqueror. Some perhaps may think that the acquisitions in India prove this opinion to be erroneous. But let it be remem- bered, that the acquisitions in India were not the work of the King, or even of the British Nation. The civil and military servants of the India Com- pany derived immediate wealth to themselves from every new conquest. They suggested, that the newly acquired dominion would yield an in- crease of revenue to the India Company. But this statement was most commonly found to be false. The revenues of the new conquest were almost always found, after a few years possession, to be unequal to the increased expense. The conquests in India are the acquisitions of a trading company, pirate et boatiqitiere. At the accession of George III. he seemed to pay very little attention to his German dominions. They had been the object of his grandfather's affection; and George III. had been educated to dislike every thing which his grandfather had been fond of. But in the progress of his reign his attention was drawn to his German sovereignty. His younger sons were sent to Germany, and educated like the sons of other German Princes. 299 There is no proof that George III. was avaricious. There is reason to believe, that he received large presents from Indian Princes ; but those presents were in diamonds, and given by him to the Queen. Although he was not avaricious, yet he never displayed any signal marks of generosity. It is possible, that at the commencement of his •reign he conferred considerable gifts on the Earl of Bute. But he does not appear ever to have been solicitous to relieve his own sons from their pecuniary embarrassments. In his children George III. was peculiarly for- tunate. For of fifteen, only two died in their in- fancy. Of the remaining thirteen, every man in private life would have been proud. I will add but one reflection more. Few Kings haye ever reigned, whose personal character and personal wishes have operated such important changes. 300 CHAPTER XXIIL On the Three Kings of the Brunsxvick Race. Three reigns of Princes of the Brunswick fa- mily have passed away. During the reign of George I., the King never seems to have thought of Great Britain, except only as he could make it subservient to his German views. The first act of his reign was to acquire Bremen and Verden. This was a gross act of injustice : and a violation of that guarantee of the treaty of Minister, in 1648, to which England stood pledged. That treaty had settled the rights of the different Princes of Germany. I believe the seizure of Bremen and Verden was the first open violation of that treaty ; and it served as a precedent for 'all those infringements of the rights of German Princes which have since followed. The Bri- tish Parliament paid two hundred and fifty thou- sand pounds for this acquisition. The loss of the friendship of Sweden, which was the consequence 301 of this act of injustice, was an injury to the in- terests of Great Britain of much more impor- tance. Every year of this King's reign seems to have produced some treaty, which had for its object his own interest as a German Prince. In 1718, Sir George Byng, an English Admiral, destroyed the Spanish Fleet. The gallantry of this achievement was much applauded, but with- out reason ; for the Spanish Fleet was in such a condition as to render it wholly unequal to the contest. It was a violation of the law of nations, for no hostilities had been previously declared be- tween Spain and Great Britain. The measure was adopted to promote the views of the House of Austria in Sicily. Perhaps George II. was more attentive to the interests of Great Britain than his father had been. But the Continental wars of 1741 and 1756 were undertaken purely to promote the King's interests as a German Prince. George III., at his accession, did not appear to have the same partiality for Hanover as had been shown by his predecessors. As he had ne- ver been in Hanover, he did not feel that predi- lection, which is the result of early habits : and he had been educated to dislike the German war, because it was the measure of his grandfather. But he gradually became a German Prince. To that country he sent his younger sons for educa- tion. From that country their wives were to be Dd 302 brought ; and when the French Revolution broke out, the danger of its example affecting other Governments, must have been more strongly felt by him as a German Prince than as a King of Great Britain. But the calamity, which George III. has brought upon Great Britain, by the pres- sure of those taxes, which have been imposed to support his unnecessary wars, has almost absorbed every other consideration. Yet the People of England have not abandoned the wish of being separated from Hanover. This led them to see with pleasure the prospect of the succession of the Princess Charlotte. In that hope they have been disappointed. Should the daughter of the late Duke of Kent succeed to the Crown, their wishes may be realized. ITNJD. fly*. ^h^«s m*z^X3££?jm£L J&& : *dS^ cccc 4tX CcOSCil^- <5< g CfSCcJ «: <«C < r ffW* Urn