Chapter II: {george III. 1765–1769} (3)

The house postponed the hearing of Wilkes and his counsel, and this postponement was several times repeated. They were unheard on the 23rd of January, when Mr. Martin, member for Gatton, moved, “That John Wilkes, Esq., although he is convicted of publishing a seditious libel, is entitled to privilege of parliament.” An amendment was moved by Lord North to the effect, “That John Wilkes, Esq., although he is convicted of printing and publishing a malignant, seditious, and scandalous libel, and of printing and publishing three obscene and impious libels, and now stands committed to the king’s-bench prison, by virtue of two several judgments in the court of king’s-bench, for the said offences, is entitled, by privilege of parliament, to be discharged from his imprisonment for the said offences.” After a fiery debate, the amendment was carried by a large majority; and Mr. Martin, feeling himself disgraced by its making him the patron of sedition, obscenity, and impiety, moved, “That, in entering in the votes of this day the proceedings of the house upon the said question, the original motion be stated, with the proceedings of the house in making the several amendments thereto.” This was reasonable, but when put to the vote it was rejected.

By these proceedings the temper of the house towards Wilkes was fully manifested, and it seemed morally certain that when his petition was taken into consideration it would prove a failure. It was on the 27th of January that this debate fairly commenced. On that day Lord North moved that the petitioner’s counsel should be confined to two specified points only; namely, to prove the allegations in his petition, which asserted that Lord Mansfield had altered the record of his indictment the day before his trial in Westminster-hall; and that Mr. Carteret Webb, solicitor to the treasury, had bribed one Curry, a man in Wilkes’s employment, to purloin the copy of the “Essay on Woman,” for which he was undergoing imprisonment. This motion was agreed to, though not without fierce opposition, and Wilkes appeared at the bar of the house on the 31st, to make good these allegations. He objected, that as a member he could not legally appear there without taking the oaths, but this was overruled, he then proceeded to support his allegations, but all he could substantiate was, that Lord Mansfield had made an alteration on the record, and as this was in accordance with ancient custom, and had been sanctioned by all the judges, the house agreed, without a division, that the petitioner had not made good the two allegations upon which he had been heard, and that his petition was frivolous.

The tables were now turned. Lord Weymouth made a complaint in the upper house, regarding a breach of privilege, in publishing his letter sent to the magistrates of Surrey, with an inflammatory preface. A conference between the two houses had been held, and Wilkes was charged with this misdemeanour before the bar of the commons. But at that bar Wilkes not only avowed himself the author of the publication, but claimed the thanks of his country for having exposed Weymouth’s “bloody scroll.” It was immediately resolved by the commons that he was guilty of a seditious libel, calculated “to inflame and stir up the minds of his majesty’s subjects to sedition, and to a total subversion of all good order and legal government.” This was on the 2nd of February, and on the following day Lord Barrington moved, “That John Wilkes, Esq., a member of this house, who hath at the bar of this house certified himself to be the author and publisher of what this house has resolved to be an insolent, scandalous, and seditious libel, and who has been convicted in the court of king’s-bench of having printed and published a seditious libel, and three obscene and impious libels, and by the judgment of the said court has been sentenced to undergo twenty-two months imprisonment, and is now in execution under the said judgment, be expelled this house.” A long and vehement debate followed this motion, Burke, Grenville, Beckford, and others taking the part of Wilkes, but the motion was carried by a large majority at midnight, and a new writ was issued for the election of another member for Middlesex.

Burke denominated the expulsion of Wilkes from the house as the fifth act of the tragi-comedy acted by his majesty’s servants, for the benefit of the agitator, at the expense of the constitution. As for Wilkes himself, he was nothing daunted by it, for after indulging in many witticisms at the expense of his adversaries, he declared that he would stand again for Middlesex, and expressed his conviction that he should be returned. And the event answered his expectation. Liberty and Wilkes were now synonymous terms, and no ministerial candidate had a chance of obtaining the popular favour in preference to him. He was rechosen representative for Middlesex free of all expense to himself, but the house declared him incapable of being elected during the present parliament. The popularity of Wilkes, however, increased in proportion as the opposition to him in the house assumed a vindictive character. The agitator, in fact, only laughed at his adversaries, and said he would try again. Great efforts were made this time by the ministerial party to ensure his defeat, but it was to no purpose. Assisted by the public press, the mob, and many opulent merchants, who deemed him the champion of liberty, Wilkes was again triumphantly returned member for Middlesex: his opponent, Mr. Dingley, not being able to get himself named for fear of the mob’s violence. But again the house of commons declared Wilkes’s return null and void, and ordered a new writ.

The popular feeling was displayed on the occasion of this second election in a very unequivocal manner. The partisans of Dingley met at the King’s-arms tavern, in Cornhill, for the purpose of proposing a loyal address to his majesty, in contradiction of certain instructions which had been prepared by the city. This was prevented by the Wilkites, who mingled among them, and who created such an uproar, that nothing could be agreed upon. At a second meeting, however, in another place, the Dingleyans were more successful; but on the 22nd of March, when they went to present the address, they were beset by a countless mob, shouting, “Wilkes and liberty—liberty and Wilkes for ever!” They were even pelted with dirt from the kennels, and assailed with every species of violence and insult. A hearse was dragged before them, covered with paintings, representing the death of Allen, in St. George’s-fields, and the murder at Brentford by Sir William Proctor’s chairmen. So violent was the conduct of the mob, that many of those who were going with the address made off through by-streets, or ran into houses for protection. Few remained when they arrived at the court of St. James’s, and the mob attempted to pass through the gates with their ominous vehicle. This was resisted by the guard, and when the mob persevered, Lord Talbot rushed out and seized two of them, while the soldiers on duty captured fifteen more, and they were carried to prison.

In opposing the election of Wilkes, therefore, there was considerable danger. Hence, when the third writ was issued, Colonel Henry Lawes Luttrell, who was then sitting in the house as member for Bossiney, conceived that he, as a military man, might assist ministers in their dilemma by offering himself as a member for Middlesex. To this end he vacated his seat for Bossiney, and the house ordered the sheriffs to be in attendance with a large number of extra constables round the hustings at Brentford, for the preservation of peace. Encouraged by this care, and by the colonel’s boldness, two other candidates appeared at the hustings, to solicit the suffrages of the people. But all the care of the government, and all the exertions of the candidates were vain. Wilkes was a third time re-elected, and illuminations throughout the whole city of London testified the triumph of the people. The house of commons, however, was firm in its opposition to the popular idol and the popular feeling. A motion was made, and carried by a large majority, to alter this return, and to insert the name of Luttrell in place of Wilkes. The freeholders of Middlesex, looking only at the poll-book, exclaimed against the iniquity of this measure, as Luttrell had not above a fourth part of the votes which were entered on behalf of Wilkes; and they presented a petition to the commons, begging them to rescind their motion. An animated discussion followed this petition, but Luttrell was confirmed in his seat by a still greater majority. The exertions of the people were, therefore, rendered null and void, but Wilkes was as great a favourite with them as ever. Ten days after, he was chosen alderman of the city of London; and he was represented everywhere as a meritorious patriot, who was suffering for the cause of the people. And it cannot be denied that the conduct of ministers towards Wilkes assumed rather the aspect of vindictive persecution than that of strict justice. It was this that gave to Wilkes the importance he had obtained in the sight of the populace—an importance which his merits and his talents could never have given him.

DEBATES ON AMERICA.

During this session, committees had been appointed by both houses to examine and report upon papers relative to American affairs, which were submitted to them by the crown. Measures of rigour were urged by majorities in both houses. The lords voted strong-resolutions relative to the unwarrantable and rebellious conduct of the legislature and people of Massachusets-bay, and recommended, in an address to the king, that the criminals should be brought over to England and tried by a special commission, according to a statute of the thirty-fifth of Henry the Eighth. It was moved in the commons that they should concur in this measure; and, after a long and spirited debate, in which many warning voices were lifted up against it, the motion was carried. This was on the 26th of January, and a few days after the subject was again brought before the house of commons, and the ministers were again warned of the danger of driving matters to extremities. Mr. Rose Fuller moved that the address should be recommitted, but no arguments which he, or any speaker that took part with him adduced, could alter the disposition of the house upon the subject, and his motion was negatived by a large majority. On the 14th of March, the subject of American affairs was resumed. This was occasioned by a petition, or remonstrance, from New York, which denied the right of parliament to tax the Americans in any way. Lord North proposed that such a paper should not be received. He was opposed by Mr. Grenville, Mr. Burke, and Colonel Barre; but the house had made up its mind to show no favour to the Americans, and Lord North’s motion was carried. Colonel Barre reminded the house that he had predicted all that would happen on passing the Stamp Act, and he now boldly asserted, that if ministers persisted in their present course, the whole continent of North America would rise in arms, and these colonies perhaps be lost to England for ever. But the ministers were deaf to argument, remonstrance, and warning, and they still determined upon rigorous measures. Later in the season, Governor Pownall moved, in a long speech, that the revenue acts affecting America should be forthwith repealed. This was the only mode of preserving the allegiance of that country; but it was pleaded that the session was too far advanced to enter upon the subject—all important as it was—and its discussion was therefore deferred till the next meeting of parliament, and then it was too late.

EAST INDIA AFFAIRS.

During this session the charter of the East India Company was prolonged for the further term of five years, on conditions similar to those in the last agreement. The company was to continue to pay £400,000 per annum, and to continue to export British goods, at an average of equal value with those sent to India during the last five years. The company, however, was now allowed to increase its dividend to twelve and a half per cent., provided it did not in any one year put on more than one per cent. If any decrease of dividend was found to be necessary, then the sum payable to government was to be reduced proportionately, and if the dividend fell to six per cent., it was to cease altogether. This bargain had scarcely been renewed when intelligence arrived from Hindostan, that Hyder Ally had reduced the company, after an expensive war, to sue for a dishonourable peace, and India stock fell rapidly.

PROROGATION OF PARLIAMENT.

Early in this session it was announced in a message from the king, that, in consequence of a deficiency in some branches of the revenue appropriated to the civil list, debts had been contracted to the amount of £513,511, which his majesty trusted that house would enable him to discharge. The opposition demanded the production of papers to account for these arrears, which were promised by Lord North, if they would vote the money first. This proposition was warmly opposed, but, in the end, the house showed its loyalty by voting the money. On the 9th of May, the king went down to prorogue parliament. This was the day after the last vehement debate and division on the election of Wilkes; and as he was passing from the palace to the house of lords, he was grossly insulted by the populace. In his speech, his majesty exhorted the members, with more than ordinary earnestness, to exert themselves in their several counties to repress the efforts of the disaffected, and in maintaining public peace and good order.

DISCONTENTS IN ENGLAND AND IRELAND.

There was great occasion for his majesty’s advice to the members of parliament, but they were powerless to effect that which he desired, and which was a “consummation devoutly to be wished” by every lover of good order. During this summer, discontent was more prevalent than at any preceding period of this reign. The disputes with the Americans, and the expulsion of Wilkes from his seat in parliament, had the effect of keeping the public mind in a state of constant excitement. This latter cause gave the greater umbrage to the people, because a man was sitting in his place who was supported only by a minority. This involved a constitutional right of great importance, and a question was mooted, whether expulsion constituted disqualification during the current parliament. The pen of Dr. Johnson was employed in proving the affirmative; his chief argument being, that the power of disqualification was necessary to the house of commons, for otherwise expulsion would not be a real, but a nominal punishment. Other pens were employed in proving the contrary; and among them was that of Junius, whose argument rested on the axiom that political expediency does not prove existing law, and who defied his opponents to produce any statute applicable to the subject. Junius also argued that, although the house of commons could expel, the concurrence of every branch of the legislature was necessary to incapacitate. Junius, whose extraordinary powers as a writer on politics have rarely, if ever, been surpassed, was the most bitter antagonist of the present government. The Middlesex election was eagerly embraced by him as an opportunity of advancing the great object he had in view—namely, that of the restoration of the Whig aristocracy to power. He dipped his pen in gall for this purpose, attacking the Duke of Grafton’s administration with virulent invective and energetic eloquence, if haply he might effect its overthrow. He marred his fame, however, by an exhibition of personal resentment against individual members of the cabinet, and by putting forth foul calumnies from his secret hiding-place against the highest characters in the realm. Political writers may be bold in uttering truth, but when they use slander as one of their most powerful weapons, then they sink their characters as men, and forfeit their claim to be heard by society. But this was not the opinion in those days of turbulent excitement. Junius was heard and heeded by the mass, and though he did not break up the administration, which was the main object he had in view, his writings had the effect of confirming the people in their opposition to government. Faction was so prevalent that ministers sought to counteract it by procuring loyal addresses from various parts of the country. Only four counties, a few corporations, and the two universities responded to their call; while, on the other hand, numerous petitions of a contrary tendency, were got up without any difficulty. Discontent ruled dominant before the legislature reassembled, both in the city of London, and throughout the whole country. With a view of embarrassing government, Alderman Beckford was again elected to the mayoralty, although some ancient by-laws forbade the same person to be chosen twice within the space of seven years. This objection was urged, but overruled by precedents. Ministerial troubles grew on every side. Ireland, as well as England and America, was in a state of trouble and commotion. At this time it was overrun by Levellers, White-boys, Oak-boys, and Hearts-of-Steel—factions which were bound together by secret oaths and a mutual detestation of tithes. Nor was the Irish parliament less disorderly. In the month of October a bill was brought into the Irish house of commons for increasing the military establishment in that country, which was recommended by the lord-lieutenant, and although it was carried, it was not till after it had encountered a violent opposition. In the month of November, also, the Irish commons claimed the right of framing all money-bills, which hitherto had been sent over to them by the English cabinet. They rejected the one sent over this year, and although they voted a more liberal supply of their own freewill, the lord-lieutenant would not recognise the newly-claimed right. He called it a violation of the law, and an encroachment upon the king’s prerogative. He entered his protest against it, and he then suddenly prorogued parliament before it had done any business. Thus his majesty was surrounded by troubles in almost every part of his dominions. England, Ireland, and America were all arrayed against him, and insubordination was the order of the day. What made his situation more critical was, that he had not a minister of sufficient ability to guide the helm of the state, so as to keep it clear from the rocks and the shoals by which it was surrounded.