Geo. I. was found guilty, and fentence paffed accordingly. Very 1717-18. earnest inftances were made for his pardon, and perfons of The king great diftinction employed on his behalf, particularly his fifter the duchefs of Shrewsbury; but it was all to no purpose, his majefty refolving that the law fhould take place upon fuch an offender, notwithstanding the eminence of his character. And upon apprehenfions only of a pardon, from the known influence of those who follicited it, even the common people began ftrangely to ferment, and difaffected perfons were cunning enough to blow up the coals, and aggravate highly upon the impunity of fuch a crime; infomuch that the public quiet called for his execution, So much regard was, however, granted to his diftinction, as to be carried out, on the day of execution, early in the morning, to avoid the usual crouds of fpectators; but, whether by that getting air, and the defire of the people to fee juftice done upon him, or becaufe young Shepheard, the affaffin, was to be executed at the fame place that day, is not certain, yet the place was more thronged than commonly, and he had the mortification. of having many thoufand witneffes to his unhappy and fhameful end. The king had always fhewn a great regard for the Southaccepts the Sea company, and was pleafed to be a proprietor in their government ftock. The company, to exprefs their gratitude, defired South-Sea leave to chufe him for their governor in the following adcompany. dress: of the The general court of the South-Sea company crave leave to acknowledge, with the greateft fenfe of gratitude, the many marks of your royal favour, which the company have received, ever fince your majefty's happy acceffion to the crown; and, in particular, the honour done them in becoming a proprietor in their stock. They therefore do, in the most humble and dutiful manner, beseech your majesty will be graciously pleased to grant them the further honour of ufing your royal name for their governor in the enfuing election.' The king, agreeing to their requeft, fent a meffage to the houfe of commons, acquainting them, that, having condefcended to permit himself to be chofen governor of the South-Sea company, he recommended it to the houfe to confider of proper methods to remove any difficulties that might arife on that occafion. Immediately a bill was brought in and paffed both houfes, inabling the king to be governor, and exempting him from taking the ufual oaths. Cn On the 3d of February, the king was unanimoufly chofen Geo. I. governor by the whole company, confifting of fifteen hun- 1717-18. dred and eighty-three perfons. At the fame time were chofen a fub-governor and deputy-governor. As every thing is influenced by party in England, the Whigs of the company had formed their plan, to chufe under the king Mr. Samuel Shepherd and Sir Theodore Janfen; but the Tories laid their measures fo well, that Sir James Bateman, one of that party, was elected fub-governor, by a majority of nine hundred and eighty-three againft fix hundred, and the Whigs were forced to be fatisfied with chufing Mr. Shepherd for deputy-gover nor. tion bill. One of the principal fubjects of debate, this feffion, was Debates on the bill for regulating the land-forces, and punishing mutiny the mutiny and desertion. As the court had occafion for their whole and deferftrength to carry this bill, care was taken that all the abfent pH. C. members fhould be fummoned, fo that the house, when the Pr. H. L. bill was brought in, was more numerous than had been known for many years paft. The debate ran chiefly upon the power of Courts-martial, to punish mutiny and desertion with death. Mr. Hutchinfon began with urging, That a Court-martial was never allowed of in England in a time of peace, as being inconfiftent with the rights and liberties of a free people; and moved, that the offences committed by the foldiers be cognifable and punished by the civil magiftrate. Mr. Hutchinson was feconded by Mr. Harley, who, to fhew the danger of a ftanding army, governed by martial law, quoted, with great commendation, a book written by a noble member of that houfe, intitled, An Account of Denmark.' Upon this the lord Molefworth (author of that book) endeavoured to fhew, that this was not a parallel cafe: That the prefent posture of affairs in Great Britain was very different from the state of things in Denmark at that juncture; and that, the commons having already declared it necessary to maintain ftanding forces, it was no lefs neceffary to keep thofe forces within the bounds of duty and difcipline by the ordinary rules of martial law, as was ever practifed in all civilifed nations. General Lumley, and fome others, were of Mr. Hutchinfon's opinion; and, on the other hand, Sir Jofeph Jekyll was for keeping up the martial law, at least, a year longer. But the main difpute was between Mr. Craggs and Mr. Walpole. After they had done fpeaking, Mr. Lechmere, who had been hitherto filent, rofe up and spoke with great weight, particularly in anfwer to what Mr. Walpole, as well as Mr. Hutchinfon, had advanced, that a courtmartial, Geo. I. martial, in time of peace, was altogether unknown in Eng1717-18. land. He fhewed, on the contrary, that the court of admiralty, which is allowed in times of peace, as well as of war, has an equal power in relation to feamen, with a court-martial in relation to foldiers. Debates in When the debate was over, and the queftion put, Whether courts-martial fhould punish mutiny and defertion with death, it was carried in the affirmative by a majority of eighteen voices only, two hundred and forty-feven against two hundred and twenty-nine. So that there were four hundred and seventy-fix members in the house, befides three Whigs, and fix or seven Tories, who happened to be fhut out when the question was put. The abbot du Bois, the French minifter, having defired to be prefent at this debate, he was admitted incognito, a favour which, that day, had been refused to feveral peers. When the bill came to be read the last time, and the queftion put for paffing it, there were a hundred and eightyfix votes for it, and but a hundred and five against it. This great majority was afcribed to Mr. Walpole's voting for it, and his having declared to his friends, That, though, in the debate about the bill, he was for having mutiny and defertion punished by the civil magiftrate, yet he had still rather those crimes fhould be punished by martial law than not at all.' The bill, having paffed the commons, was fent up to the lords. When the bill came before the lords, it occafioned very the house of warm debates, and many speeches were made on both fides, on which these are some of the most remarkable (e). The lords about the mutiny lord but raife juft apprehenfions, that fomething was intended against our happy and ancient conftitution.' To which it was anfwered, That the nation had the happiness to be governed by a prince, who, fince his acceffion to the throne, had convinced every body, that he defired no more troops than what were abfolutely neceffary for the fafety and tranquillity of his dominions : That whoever would impartially and seriously confider the prefent circum ftances lord Harcourt spoke against the bill, and urged, among other Geo. I. things, That the parliament, that is, the representative of 1717-18, stances of affairs, muft own, that the number of troops that were kept ftanding was very fmall: That it could not be denied, that the pretender had a great many friends both at home and abroad, who watched all opportunities to foment and take advantage of our inteftine divifions: That, on the other hand, Great Britain ftood guarantee for the neutrality of Italy, which was then threatened with an invafion: And therefore it was matter of prudence, as well as of neceffity, to keep up a competent force, both to fuppress any infurrection at home, or to repel any infult from abroad; and to make good our engagements for maintaining the repofe of Europe. Hereupon a late minifter faid, He was furprised to hear, that the noble lord, who spoke laft, was not better acquainted with fome matters of fact; but that he thought himself obliged to inform the houfe, That, by the treaty concluded and figned at Utrecht in March 1713, between the minifters of Great Britain and France, the late queen, of glorious memory, was guarantee for the neutrality of Italy, and the islands in the Mediterranean, only during the evacuation of Catalonia, and till the conclusion of a general peace: For the truth of which, his lordship appealed to his colleague in that negotiation. He added, that, fince that time, the state of things was quite altered, and thofe in the miniftry the could beft tell, what engagements had been entered into, either with the emperor or France. Hereupon it was thought neceffary to know the contents of thofe new treaties; and therefore it was moved to addrefs his majefly, that the fame might be laid before the houfe: Which address was agreed to, but was never prefented. On the 20th of February, it was moved, That it be an inftruction to the committee, that they do provide that no punishment fhall be inflicted at any court-martial, which shall extend to life or limb.' Some reafons were given for fupporting this motion; but it was anfwered, that fuch a clause would render the bill ineffectual, ba- ♦ Earl of nifh all manner of difcipline Strafford. from the army, and confequently render it intirely ufelefs. Hereupon there arose a warm debate, which lafted from two o'clock in the afternoon, till feven in the evening. Herein it was endeavoured to be fhewn, That fo numerous a force, as was allowed by that bill to be maintained in time of peace, was not only dangerous in itself to a free nation, but was yet rendered more dangerous, by their being governed by martial law; a law unknown to our conftitution, deftructive of our liberties, and not endured by our ancestors. To which it was anfwered, That, among the ancient Romans, the wifeft people in the world, and the great eft Geo. I. the whole nation, were ever extreme jealous of the legifla1717-18. tive power, with which they are vefted; and that the lords, in a particular manner, ought to be tender of it; because it is a branch of their prerogative to be the supreme court of judicature; but that by this bill, whereby the king was enabled to establish courts-martial, with power to try and determine any offences fpecified in the articles of war, the parliament vested a fole legiflative power in the crown, which was communicated and delegated to a council of war. That this bill fets afide all other laws, 'both civil and ecclefiaftical, in teft lovers and afferters of public liberty, martial laws and difcipline were invigorated by decrees of the fenate, and were in force in times of peace as well as in times of war. And replied to, in fubftance, that it was much better to attend domeftic then foreign examples; whereupon were produced feveral inftances drawn from the history of Great Britain, that a ftanding army, in time of peace, was ever fatal, either to the prince or to the nation. But hereunto was urged, that thofe, who are vested with the legislative power, ought not, on all occafions, to govern themselves by precedents, but rather, by the prefent fituation of affairs, because it is very difficult to find examples perfectly agreeing with the various circumstances of times: That it was judged, the number of troops which the commons had thought fit to keep ftanding, was abfolutely neceffary for the fecurity and fafety both of the government and nation; and therefore it was no lefs neceffary to make a law to keep that army within the rules of duty and difcipline, unlefs they would render ufelefs thofe very forces which must be owned to be neceffary. Hereunto fome what was again fuggefted, about the danger of a tanding army made fubject to martial law; but it was maintained, on the contrary, that the forces then on foot were neceffary both for the fupport of the government, and the protection of our allies; that their lordships ought to confider, that, when the late rebellion broke out, they had double the number of regular troops, and yet the government was obliged, not only to fend for fome regiments from Ireland, but also for a body of auxiliary troops from Holland; and that, fince the faid forces were neceffary, the bill in question, which was only to render them ufeful, was no lefs neceffary. A lord hereupon, among other things, faid, That, before the noble peer, who spoke last, was born, he had seen the time, when the nation was in danger of losing their liberties by a flanding army; and then his lordship endeavoured to fhew, that the power of life and death, which by that bill was given to a courtmartial, was unneceffary, unufual, and unjust. After this followed the fpecches of lord Harcourt and the lord Carteret, as above in the context. relation |