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years after Humphrey exhibited against the Bishop of Winchester, and the defence made To that accusation, that neither the one nor the other considered the infant Monarch as under the management of that prelate : there are some intermediate circumstances, which obviously lead to the same conclusion; and as soon as Henry was of years to require a preceptor, we find Beauchamp, Earl of Warwick, invested with that character.

transaction itself, some of our historians have considered what was done, as a mere (20)" expedient to perform the will of the "deceased King, who had appointed Hum"phrey, Regent, without derogating from "the rights of the elder brother.". The delivery of the Great Seal to Gaunstede; the payment of the regular salary to him as Lord Keeper, while it was in his possession; his application of it to (21) various public instruments, and especially to Humphrey's commission for holding the Parliament, and none of these things either confirmed or questioned that we know in Parliament; the Duke's own officers confirmed from the death of Henry the Fifth; the grant of his

In my original (19) distribution of the subject, I signified my intention of postponing all observation on the general principle of the constitution, as it was in this respect understood by our ancestors, till I shall have finished my historical narrative. At the same time, some few particular pas-salary as Protector from the same period sages, which occur in this first institution and settlement of the office of Protector, seem to call for remark in this place. The claim of the Duke of Gloucester, was certainly such as could not be maintained. If instead of being the second only in the order of the succession, he had been the first; if he had even been, as to some purposes a

Prince of Wales unquestionably is, identified in contemplation of law with the political person of the Sovereign himself; whatever pretensions he might have had to direct the nece sary acts for carrying on the government of the country in the interval, till some adequate provision for the emergency could be made by law; yet he could not have had any thing to object, as of strict right, against the discretion of a complete and perfect legislature, which is competent to change and transfer the succession itself. The very title, by which his family reigned, was a concrasive answer to the claim. On the other hand so irresistible was it, on the grounds of equity and propriety, that they who opposed it, as it was advanced by him, could not help doing what has been actually mistaken for a studied acknowledgment of that which they deliberately rejected: ignorant of the motives assigned and looking only to the

but there is none. And this is the stranger, because when the salaries of the Council were setiled, the Bishop of Winchester is recited to be Chancellor also, as a sort of reason for his being made equal to the Arch. bishop of Canterbury, instead of the Bishop of London; and when the Duke of Exeter, some years later, still had his salary allowed from the beginning, his rank is stated as a reason for his having 300 marks. Neither of them is ever mentioned as Governor to the King.

(1) See Pol. Reg. Vol. VI. p. 466.

unquestioned; and the Protectorate itself created at his instance, as it was said, (22) "to ease and appease him :" all strongly indicate a general sentiment in his favour. Though the name was selected with so much care to mark the distinction of his power from that of a governor, lieutenant,

or

camregent; yet when the lords afterwards came to describe, in their own restricted sense, the duties which it imposed, they use words very similar to those in which Sir John Fortescue, an author then living and flourishing at the bar, comprehends the whole circle, of royal duties "All the "kingly power," (23) (sayshe) ought to be

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applied for, and to centre in the good of "the kingdom or state: which, in effect, "consists in the defence of the subject "from the incursions of other nations, and "in the protection of their lives and proper

ties from injuries and violence as to one "another. A King," (it is added)" who "cannot come up to this character, is to be "looked upon as weak." And, in truth, it was a weak King, or rather, according to a phrase of the same writer, a King " not

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only to be called weak, but weakness il"self," whom under the name of Protector and Defender, the Parliament now sub

(20) Rapin, fol. edit. p. 536, quoted and adopted by the Parliamentary Historians in a note Vol. I. p. 172.

(21) Several extant in Rymer were passed during that period, though none but the commission to the Duke are of any great public importance.

(22) See the recital so often quoted from the Rolls, 6 H. VI. No. 25.

(23) De laudibus legum Angliæ, c. 37. Translation in the last edition. Compare these words with the passage quoted above in a note from the recital in the Rolls, 6 H. VI. No. 25.

stituted in the room of an incapable King. The act which conveyed to him a very inferior, though in a military point of view, an important share of the patronage of the Crown, was the only one which put into his hands any means for fulfilling the great ends of his appointment both in Church and State; and that did not give him any authority to draw out and set in motion the force which he might be supposed thus to have at his command, or furnish him with any direct influence over the heads of the Church: in truth, it only professed on the face of it (24) to distinguish him by favours and honours, trifling indeed, in comparison of those with which the Council was adorned and armed. His only principal and almost share of civil power was in his character of chief of that council; a station which was independent of the Protectorate, and continued with the same power, after the latter had ceased. But this also was left uncertain and indistinct. He was there acknowledged as the sole representative of the Sovereign, since (25) all such business as by custom required an immediate and necessary reference to the King, could not be entertained there without his advice and consent; yet nothing was directly said of that discretion, which the King, if he pleased, might on occasion exercise with regard to every other business there agitated. It certainly was not intended that Humphrey should possess it; but he long struggled in different ways, though ultimately in vain, to acquire it. Four days after he had been created Protector, the members of the Council were chosen expressly under the name of " assistants" 10 him in the execution of his office; but, instead of "assisting," they were in reality designed to supersede him. Their inte rests were placed in diametrical opposition to his, their means of influence were infinitely greater than his, and the decision was to be in the majority. It was, in fact, an oligarchy in a state essentially monarchical, and for that reason disguised under the pretence of a semblance and representation of Monarchy. At the same time embarrassed between the nature of our constitution and the consequent habitual feelings of the people on the one side, and on the other, their own notions of public expediency, and their jealousy of their own rights, the Parliament left the regulations, by which the distribution of power between the Protector and

(24) This is the motive, and the only motive stated in the preamble.

(25) Article II. of the regulations.

his council was to be ascertained, short, vague, general, defective, and confused. Hence arose the necessity of repeated additions, amendments, explanations, and modifications; which will form the subject of my next letter; perpetual contentions in the Council-chamber, and in the Senate; animosities, parties and fictions; and, finally, the most obstinate and destructive civil war, which ever desolated this coun try; for the torrents of blood which then deluged the kingdom, were in truth, derived ultimately from this source; though superficial historians have traced the sub-equent calamities no higher than to the murder of the Duke of Gloucester, and attri buted the origin and character of the civil war to the irresolute and fluctuating ambition of the Duke of York. I am, Sir, &c. Middle Temple, Jan. 12, 1805. T. M.

PUBLIC PAPERS.

LOUIS XVIII.-Purport of a Letter from the Emperor of Russia to Louis the XVIIItb, under his title of Count de Lille.

MONSEIGNEUR LE COMTE,-By your letter, dated the 13th June, from Warsaw, I have learnt, with regret, the resolution which you have adopted. Had I been previously apprised of it, as I much wish I had, my friendship for you, and my usual sincerity of disposition, would have impelled me, Monseigneur le Comte, to dissuade you from measures which, at the present crisis, far from being productive of any real advantage. to you, can have no other tendency than to put new weapons in the hands of your enemies, to be employed against you, and enable then to render the accomplishment of your plans still more difficult than it already is. Without pretending, in other respects, to interfere in matters which do not immediately interest me, I must nevertheless observe, that I cannot, Monseigneur le Comte, give my approbation to the proposal which you have communicated to me, and I ought not to conceal from you, that the offer which I made to you, and hereby repeat, of affording you an asylum in my dominions, if you could not reside elsewhere, was made with no other intention than that of furnishing you with a secure and tranquil abode, in which such projects as you appear to have resolved upon cannot be carried into exe| cution. I have felt myself bound, Monseigneur le Comte, to express myself upon this topic without any reserve, being assured that neither the impossibility of executing your resolution in Russia, nor the point of view in which I consider the subject, can induce you to call in question my earnest

791 POLITICAL REGISTER.-Letters of Marque against Spain.-President's Message. [80

desire to embrace every opportunity of giving you repeated demonstrations of the particular esteem with which I am, &c.

LETTERS OF MARQUE AGAINST SPAIN.

-Order of Council, dated at the Court at the Queen's Palace, the 11th of January, 1805, the King being present in Council.

Whereas his Majesty has received information that the King of Spain has issued a declaration of war against his Majesty, his subjects, and people; his Majesty, therefore, being determined to take such measures as are necessary for vindicating the honour of his Crown, and for the vigorous prosecution of the war in which he finds himself engaged, is pleased, by and with the advice of his Privy Council, to order, and it is hereby ordered, that general reprisals be granted against the ships, goods, and subjects of the King of Spain, so that as well his Majesty's fleets and ships, as also all other ships and vessels that shall be commissionated, by Letters of Marque, or General Reprisals, or otherwise, by his Majesty's Commissioners for executing the office of Lord High Admiral of Great Britain, shall and may lawfully seize all ships, 've sel, and goods belonging to the King of Spain, or his subjects, or others inhabiting within the territories of the King of Spain, and bring the same to judgment in any of the Courts of Admiralty within his Majesty's dominions; and, to that end, his Majesty's Advocate General, with the Advocate of the Admiralty, are forthwith to prepare the draft of a commission, and present the same to his Majesty at this Board, authorising the commissioners for executing the office of Lord High Admiral, or any person or persons by them empowered and appomted, to issue forth and grant Letters of Marque and Reprisals to any of his Majesty's subjects, or others whom the said commissioners shall deem fitly qualified in that behalf, for the apprehending, seizing, and taking the ships, vessels, and goods belonging to Spain, and the vassals and subjects of the King of Spain, or any inhabiting within his countries, territories, or dominions; and that such powers and clauses be inserted in the said commission as have been usual, and are according to former precedents; and his Majesty's said Advocate-General, with the Advocate of the Admiralty, are also forthwith to prepare the draft of a commission, and present the same to his Majesty at this Board, authorising the said commissioners for executing the office of Lord High Admiral, to will and require the High Court of Admiralty of Great Britain, and

the Lieutenant and Judge of the said Court, his surrogate or surrogates, as also the several Courts of Admiralty within his Majesty's dominions, to take cognizance of, and judicially proceed upon, all and all manner of captures, seizures, prizes, and reprisals of all ships and goods that are or shall be taken, and to hear and determine the same; and, according to the course of Ad. miralty, and the Laws of Nations, to adjudge and condemn all such ships, vessels, and goods as shall belong to Spain, or the vassals and subjects of the King of Spain, or to any others inhabiting within any of his coun tries, territories, and dominions; and that such powers and clauses be inserted in the said commission as have been usual, and are according to former precedents; and they are likewise to prepare and lay before his Majesty, at this Board, a draft of such in. structions as may be proper to be sent to the Courts of Admiralty in his Majesty's foreign governments and plantations for their guidance herein; as also another draft of instructions for such ships as shall be commissionated for the purposes afore mentioned.

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[Concluded from p. 1055. 1

The Act of Congress of Feb. 28, 1803, for building and employing a number of gunboats is now in a course of execution to the extent there provided, for the obstacle to naval enterprise, which vessels of this construction offer to our sea-port towns, their utility towards supporting, within our waters, the authority of the law, the promptness with which they will be manned by the seamen and militia of the place, in the moment they are wanting, the facility of their assembling, from different parts of the coast, to any point where they are required in greater force than ordinary, the economy of their maintenance, and preservation from decay, when not in actual service, and of the competence of our finances to this defensive provision, without any new burthen, are considerations which will have due weight with Congress in deciding on the expediency of adding to their number from year to year, as experience will test their

utility, until all our important harbours, by these and auxiliary means, shall be secured against insult and opposition to the laws. --No circumstance has arisen since your last session, which calls for any augmentation of our militia force. Should any improvement occur in the militia system, that will be always seasonable.--Accounts of the receipts and expenditure of the last year, with estimates for the ensuing one, will be, as usual, laid before you. The state of our finances continue to fulfil our expectations: 11 millions of dollars received in the course of last year, ending the 30th of Sept. last, have enabled us, after meeting all the ordinary expenses of the year, to pay upwards of 3,600,000 dollars of the debt incurred, exclusive of interest. This payment, with those of the two preceding years, has extinguished upwards of 12 millions of principal. But in the discharge of the great duties confided to you by our country, you will take a broader view of the field of legislation. Whether the great interests of agriculture, manufactures, commerce, navigation, can, within the pale of your constitutional powers, be aided in any of their relations; whether laws are provided in all cases where they are wanting; whether any abuses take place in their administration, or to that of the public revenues? Whether the organization of the public agents, or of the public force, is perfect in all its parts? In fine, whether any thing can be done to advance the general good? Are questions within the limits of your functions, which will necessarily occupy your attention. In these and all other matters which you, in your wisdom, may propose for the good of our country, you may count with assurance on my hearty co-operation and faithful execution THOMAS JEFFERSON.

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deed been sufficient to deter them from so presumptuous, and desperate an enterprise.

-While this spirit continues to animate the country, and its voluntary exertions for its own defence subsist in their full vigour, we need not fear the consequences of the most powerful efforts on the part of the enemy. But let us never forget, that oursecurity has arisen from the resolution, with which we have met and provided against the danger, and that it can be preserved only by steady perseverance, and unremit ting activity.The conduct of the Court of Spain, evidently under the predominant influence and control of France, compelled me to take prompt, and decisive measures to guard against the effects of hostility. I have, at the same time, endeavoured, as long as it was possible, to prevent the necessity of a rupture; but, in consequence of the refusal of a satisfactory explanation, my minister quitted Madrid, and war bas since been declared by Spain against this country.I have directed a copy of the Manifesto, which I have caus d to be pre pared on the occasion, to be laid before you, together with such papers as are necessary to explain the discussions which have taken place between me, and the Court of Madrid. You will, I trust, be convinced by them, that my forbearance has been carried to the utmost extent which the interests of my dominions would admit, and while I lament the situation of Spain, involved in hostilities contrary to its true interests, I rely with confidence on your vi gorous support in a contest, which can be attributed only to the unfortunate prevalence of French councils.The general conduct of the French government on the Continent of Europe, has been marked by the utmost violence and outrage, and has shewn a wanton defiance of the rights of neutral territories, of the acknowledged privileges of accredited ministers, and of the established principles of the law of nations. ---Notwithstanding these transactions, sp repugnant to every sentiment of moderation and justice, I have recently received a communication from the French government, containing professions of a pacific disposition.I have, in consequence, expressed my earnest desire to embrace the first opportunity of restoring the blessings of peace, on such grounds as may be con sistent with the permanent safety, and interests of my dominions; but I am confident you will agree with me, that those objects are closely connected with the general security of Europe. I have, therefore, not thought it right to enter into any more par

commended by them to His Majesty, in exactly the same way that every other measure is, they being responsible for the advice they give upon this, as i pon all other mat

ters of state.

THE MENACED INVASION. Upon this subject the speech informs the Parlament, that since the end of the last session, the

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ticular explanation, without previous communication with those powers on the Continent, with whom I am engaged in confidential intercourse and connexion, with a view to that important object, and especially with the Emperor of Russia, who has given the strongest proofs of the wise, and dignified sentiments by which he is animated, and of the warm interests he takes in the safety, and independence of Europe. GENTLEMEN OF THE HOUSE OF COMMONS, - I have directed the estimates for the public service to be laid before you. I regret the necessity of any additional burthens being imposed on my people, but I am sure you will be sensible how much their future safety and happiness depend on the vigour of our exertions, and that in the mode of raising supplies, you will continue to shew your anxiety for the support of pub-ber, when the country was told, over and lic credit, and for restraining, as much as possible, the accumulation of the national debt.

MY LORDS, AND GENTLEMEN,---In | considering the great efforts and sacritices which the nature of the contest requires, it is a peculiar satisfaction to me to obscrve the many proofs of the internal wealth, and prosperity of the country. It will, I am sure, be your great object to maintain and improve these advantages, and at the same time to take all such measures as by enabling ne to prosecute the war with vigour, may afford the best prospect of bringing it to a safe, and honotirable termination.

SUMMARY OF FOLITICS. His Majesty's speech from the throne, to both Houses of Parliament, which will be found in a preceding page of this sheet, touches upon the several topics, which will, of course, come under the consideration of those to whom it was addressed, and which topics, therefore, will naturally engage the attention of the public. They are as follows: 1. The menaced invasion; 2. The 'state of our military force; 3. The war with Spain; 4. The message from France; 5. Continental alliances; 6. Additional burdens; and, 7. The internal state of the country. To treat at large upon each of these would require the space of a volume; of course, nothing more than a mere sketch can be attempted here; yet it would seem improper to pass over any one in silence. It is hardly necessary to repeat, that, in commenting upon the speech, the commentator must regard it not only as expressing the sentiments, but as expressing them in the very words, of the ministers; the speech being always drawn up by them, and being re

preparations of the enemy have been con"tinued with incessant activity, but that no "attempt has been made to carry their re"prated menaces into effect." That this is perfectly true no one can be disposed to deny; but, the object of stating this truism, in so solemn a manner, is not very evident, especially to those who recollect the almost constant alarms, which were rung in our cars by the ministers and their partisans during the months of August and Septem

over again, that the attempt at invasion would take place in a few days; when it was repeatedly asserted, in all the ministerial journals, that ministers had received certain intelligence to that effect; when Sir Brook was assembling his committees of coachmakers, coach-masters, and horse jockies; when we were daily informed that Air.. Pit was himself inspecting the flying cars; and when not to appear upon the subscription list of coaches and horses was, in those who were possessed of such property, regarded as a proof of something amounting very nearly to disloyalty. No attempt has, however, been made. But, does the speech mean, that, from this circumstance, we ought to infer, that no attempt of the kind will be made? Those who were, last summer, in daily expectation of seeing such an attempt, may so reason; but, those who entertained no such expectation, have only to repeat their opinions, expressed in this work, at the very moment of the great alarm, occasioned by Buonaparte's having been on board the flotilla. "This circumstance does not tend "to convince me, that he means to invade "England in person, or, that he means to "send, at least for some time, an army to "attempt such an enterprise. It would ra. "ther tend to persuade me, that, at present, "the object is to excite alarm, to keep us in constant agitation, and to increase our expenses." And did not this object suc ceed? Perfectly succeed? Were we not alarmed and agitated? And, if our expenses were not increased, how comes it now to pass, that we hear of "burdens” in “addition" to those which Mr. Addington, the present real prime minister, assured us would be

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Register, Vol. VI. p. 432.

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