444 PROCEEDINGS of the POLITICAL CLUB, &c. Oct. them to do fo; because even the crown itself has no power to iffue any fuch order or direction, or to inflict any legal punishment upon them, fhould they refufe to obey. A B But now, Sir, fuppofing that thefe two noble and learned lords fhould at your defire, and out of the respect they so deservedly have for you, voluntarily agree to join with you in making an inquiry into the conduct of thete receivers, how could you inquire? You have no power to put an oath to any one you call before you: You have no power to punish any one that fhall refuse to come at your call; or that, when come, fhall refufe to answer fuch queftions as you may think neceffary; or that fhall appear to be guilty of falfhood or prevarication in C the anfwers he is pleafed to give. Urder fuch a want of power, can it be fuppofed that you could inquire with any effect? Is it not certain, that the more criminal the offenders are, the lefs effectual your inquiry would be? Nor can this D be answered by alledging, that all the perfons you could have occafron to examine are officers employed under the crown, and confequently would be obliged not only to appear and answer, but to give a fair and full answer to every question, under the pain of being difmiffed from their employments; for in order to come at the bottom of this affair, it appears neceffary upon the very face of it, that feveral of the fubfcribers, and feveral brokers in 'Change- Alley, fhould be examined; and in the course of the inquiry it may be found, that it will be neceffary to examine feveral other perfons, none of whom will willingly appear, nor can any of them by you be fubjected to any punishment for not appearing, or any other way G compelled to appear. It is therefore evident, Sir, that we can neither direct the inquiry, which the Hon. gentleman has been E F pleased to fuggeft, nor could it be carried on with any effect, without palling a new act of parliament for that purpose; and this, I am fure, would be of more dangerous confequence to our conftitution than the parliamentary inquiry propofed; for I am really furprized to hear it pretended, that our doing what is properly the business of this houfe, and what every gentleman must allow to be one of the most neceffary parts of our duty, can ever be of any dangerous confequence to our confiitution. That this houfe is the grand inqueft of the nation, and confequently bound to inquire into every grievance complained of by the people, is fo well known, and fo generally confeffed, that I am almost afhamed to repeat it. Inquiries ought therefore to be frequent, as every one knows that popular grievances are fo; and confequently a prosecution, either by impeachment, or bill of pains and penalties, is fo far from being the only end of an inquiry, that it can very feldom be the confequence; for a grievance may often be removed or redreffed without any profecution at all: Sometimes a parliamentary cenfure of perfons or practices may be thought neceffary; and generally (peaking, an address to the king to order his attorney-general to profecute, would be the confequence of our inquiries, were they as frequent as they ought to be: Even profecutions by impeachment, or bill of pains and penalties, when found abfolutely ne ceffary, would tend to the preservation of our conftitution, by rendering parliaments dear to the people, were fuch profecutions more frequently carried on than they are against the oppreffors and plunderers of the people; for whilst the king preferves his right to diffolve the parliament when he pleases, no faction in parliament can ever incroach upon the crown; and as to a factious party in the nation, I do not know 1754. PROCEEDINGS of the POLITICAL CLUB, &c. 445. know what the Hon. gentleman means by it. I am very fure, that the majority of the nation will never be for overturning our conftitution; and if the party should be fo numerous as to be able, after two or three trials, to return always a majority A against the adminiftration, it could not be a factious, but a national party, whofe demands the king ought to comply with, by altering his measures, and difmiffing his mi nifters. has made a part of our conftitution, ever fince we had any fuch thing as a fettled form of government. As to bills of pains and penalties, I fhall, indeed, grant, that they are more extraordináry, and of a more dangerous nature; but even this method of profecution does not depend upon the rank of the offender, but upon the nature of the offence, or of the proof that may be had of it; and the behaviour of our minifters upon fuch occafions has always been fomething remarkable: When a plot against the government is to be inquired into and punished, one of the lowest rank of those who can be faid to have any rank, may be a proper object for our inquiry, and. for being punished by a bill of pains C and penalties: Of this we had a remarkable inftance in the 9th of his late majefty's reign; for in that year two feveral bills of pains and penalties were paffed against two men, neither of whom had any estate, nor could either of them be faid to be of If ever this, Sir, should happen B to be the cafe, I shall readily grant, that not only a parliamentary inquiry, but a profecution by impeachment, or bill of pains and penalties, might very probably become neceffary againit fome of the minifters, and, perhaps, even against some of their under clerks; for whatever the Hon. gentleman may think, I am far from being of opinion, that it is inconfiftent with the dignity of a British house of commons to appear at the bar of the other houfe as the profecutors even of an under clerk in one D of our publick offices. On the contrary, I believe, that if we often did fo, thefe Jacks in an office would not behave with fuch infolence as they ufually do, or venture to opprefs and plunder those who are obliged to apply to thofe offices; and it would likewife, I believe, have a very good effect upon the conduct of the high and mighty lords commiffioners their matters, who are but too apt to connive at the infolence and extortion of their underlings, as it renders their employments more de- F firable, and confequently more valuable to thofe that have the difpofal of them; from whence we may eafily fee the reafon, why an impeachment of any of thefe underlings fhould be reprefented as inconfiftent with the dignity of a British house of commons. A protecution by impeachment, Sir, is fo far from being an incroachment upon our conftitution, that it any higher rank than that of a gentleman. In all fuch cafes this method of profecuting and punishing is deemed by our minifters to be a most conftitutional and harmless method; and they hold it as a maxim, that the judge may be convinced, tho' E the fuppofed criminal cannot be convicted. But when any of their affociates or underlings have been concerned in a plot againft the publick purfe, or the purfe of the people, a parliamentary inquiry, and a bill of pains and penalties, is by them faid to be a most unconftitutional method of proceeding, and of a nature so extraordinary and dangerous, that it ought never to be purfucd but against men of the highest rank: A low pilferer, they then infiit, is not worth the notice of parliament, even tho' he has heaped up an immenfe fortune by defrauding the publick, or the people, of fcores of thoufands; and that we ought rather to let fuch a criminal efcape all punishment, than G to 446 PROCEEDINGS of the POLITICAL CLUB, &c. Oct. to defcend below the dignity of a British houfe, of commons, or to have recourse to fuch an extraordinary and dangerous method of proceeding. This, Sir, is the language which our minifters always hold in these A two cafes; but the language which we ought to hold, and which will be held by every free and independent parliament, is in both these cafes directly contrary. In the last rafh ufe of our power against perfons fufpected of treasonable or feditious practices, may, by an ambitious prince, who has once by fome means or other got a corrupt majority in parliament, be made an engine not only for oppreffing the most innocent, the most deferving men in the kingdom, but also for overturning our conftitution and establishing his arbitrary power. It was by fuch an engine that the first Roman Cæfars eftablished and fupported their tyrannical power; for having once got a venal majority in the fenate, no man durft afterwards oppofe any favourite court measure in the fenate, or fet himself up as a candidate at the election of any fenatorial magiflrate, without leave from the court because, if he did, he was fure of being accufed of fome plot against the government, by fome one of the band of delatores, or informers, which the court always kept fecretly in pay; and the certain confequence was, his being condemned by the venal majority in the fenate. Nay, fo far was this carried at last, that it became dangerous for a man to acquire any character or reputation among the people; because if he did, he was called upon to countenance fome tyrannical court meafure, and if he refufed, he had prefently fome fham plot fathered upon him, for which he was condemned and put to death or proferibed, and his family ruined. cafe we may, we ought to make a free and frequent ufe of our power, because our minifters have the chief B direction of the profecution for all fuch crimes at common law, and they are generally but too apt to neglect bringing any profecution at all, or to profecute in fuch a flovenly and negligent manner, that the most notorious criminal may probably meet C with an acquittal. Whereas in the .firft of thele two cafes we ought to be extremely cautious of making ufe of our power, because it is fo eafy for minifters to load even the most innocent man with very fufpicious circumitances, and because it very D feicom happens, that a perfon really gusity of any fuch crime can escape condign punishment by a trial at common law, which, we are fure, can never fail of being carried on with vigour and difpatch by our minifters. Thus we may fee, that there is a very great difference between these two cafes with refpect to › the ule we ought to make of our power, and that this difference is direaly contrary to what our minifters have always endeavoured to elta- Fa bith; but the mot material differerce ftill remains to be explained: A frequent, or even a ralh use of our power against minifters, or their underlings, can never overturn our confiitution, or become oppreflive upon any innocent fubject; becaufe the effect of any factious or rafh proceeding in this house, will always be - prevented either by the crown, or the other houfe: But a frequent or E By thefe means, Sir, the emperors of Rome, after having once got veral majority in their fenate, were enabled to preferve that majority as long as that empire endured; and the confequence in this kingdom would be the fame, were the ministerial doctrine with regard to parliamentary profecutions once eftablifhed. This fhould make us extremely fhy of making ufe of our power at the defire of minitters, but always ready to make use of it again their inclination, as often as 1754. PROCEEDINGS of the POLITICAL CLUB, &c. 447 there appeared to be any neceffity for our doing fo: That is to fay, as often as the crime complained of feemed to be fuch as could not be fufficiently punifhed at common law, and that, whether the perfons fuppofed to be guilty be men of high rank or of low condition; for it is the na ture of the crime, and not the condition of the criminal, that ought to be the fubject of our confideration; and the nature of the crime can never be perfectly known, until after we have made a thorough inquiry. B This, Sir, is the very cale now be.. fore us A very heinous crime is now publickly complained of, but how or by whom that crime was committed, we cannot determine before we have inquired: One thing, however, we are, I think, already C ́ther any indictment can be formed' for fuch an atrocious robbery meet with no punillment but a difinillion from the publick fervice? If this can be fuppofed to be an adequate punishment, I am fure, the places poffeffed by thefe clerks are much Amore lucrative than they ought to be. But let them be never fo lu crative, I am far from being of this opinion; and therefore, if upon the inquiry it fhould appear, that no further punithment can be inflicted by any fort of profecution at common law, I fhall be for a parliamentary profecution as well as inquiry. What may be the refult of the inquiry, I cannot foresee; but from this debate I fee, that fuch plaufible excufes may be made for the worst practices, that I am very much in doubt, whe certain of, which is, that let the crime be what it will, no profecution at common law can be so much as commenced, unless we can by an inquiry lay fome foundation for it. Whether we can lay fuch a foundation as may render a profecution at common law effectual, is what I very much doubt; but this I am fure of, that if the crime appear to be as heinous as it has been reprefented, it ought fome way or other to be most feverely punished; for it is of the utmost confequence to the nation, to prevent any future lottery or fubfcription's being made fuch a fraudu. lent ufe of by any man, or any let of men whatever. An Hon. gentleman was pleafed to fay in this debate, Sir, that as all the receivers are poffted of lucrative places under the government, a difmiffion from the publick Yervice would, in his opinion, be an adequate punishment for any offence they could commit as receivers. What, Sir, fhall a little clerk of an office, by means of the truft repofed in him by the publick, and in conjunction with fome confederates, rob the people of 40 or 50,000l. and D E against any one of thefe receivers, let him be never fo criminal; and therefore I wifh, that an Hon. and learned gentleman had ftaid to give us his opinion, as he must be employed, should any fuch profecution be refolved on. But whether it may hereafter be poffible or no to form an indictment, I am perfuaded, no gentleman will fay, that it is poffible to form an indictment until a difcovery has been made of the practices by which, and the perfons by whofe means, the people have been plundered; and as little will any gentleman fay, that this difcovery can be made by any court, or by any method, but by a parliamentary inquiry; therefore I must say, I am a good deal furprized to find this moFtion opposed; for in my opinion, and I hope I have given good reafons for being of opinion, that no gentleman can be against the motion, but one who thinks that no criminal fact has been committed, or one who is for letting the criminal go without any punishment, no not even that of a difmiffion from any, lucrative poft he may have under the government. G Upon 448 PROCEEDINGS of the POLITICAL CLUB, &c. O&. Upon this App. Herdonius food up, and spoke to this Effect. Mr. Prefident, A B CANNOT help being of opinion, that a wrong turn has been given to this debate during the whole courfe of it. No gentleman will deny that this houfe is the grand inqueft of the nation, or that it is our duty to inquire into, and to remove or redrefs, if we can, every publick grievance complained of, if there appears to be good ground for that complaint. So likewife, when any atrocious crime has been committed against the publick, which cannot be profecuted or effectually punished by any fort of proceeding C at common law, every gentleman will grant, that it is our duty to inquire into it, and even to profecute it in a parliamentary manner, if we fhould not be able by our inquiry to lay a foundation for a profecution at common law. But, furely, it is not D our duty to take upon us the business of a coroner's inqueft, or of a grand jury, nor ought we to take up our time with inquiring into any crime, even of a publick nature, when it appears evident, that, if any fuch crime has been committed, it may be profecuted and effectually punished by information, or indictment at common law. more fubfcription might appear to be innocent, I hope I may be allowed to make every one of these facts a question. Now, Sir, as to the grievance complained of, I must beg leave to think, that a lottery ticket's felling above par, or at what is called a premium, is no more a national grievance, than any other publick fund's felling above par. On the contrary, I hope, that all our pub. lick funds will always bear a premium; tho' this will certainly be a lofs to every person poffeffed of them when they come to be paid off, and tho' the neceffary confequence will always be, that a man who buys in hopes of making an advantage by the rife of the premium, may often be difappointed, and fome who deal too largely and too rafhly in this way will every now and then be undone. This, therefore, may often be a private misfortune, and the fame fort of misfortune daily happens by dealing in every other fort of commodity or merchandize; but it is fo far from being a national grievance, that it is a national benefit. The high advance of the premium upon the tickets of the laft lottery is not therefore, Sir, in itself a national grievance, and confequently it is not an affair which it is our bufiE nefs or duty to inquire into, no more than it is our bufinefs or duty to inquire into any accidental advance in the price of any other commodity ufually brought to market. But if any fraudulent arts were made use of to raise the price of, or premium F upon thofe tickets, fuch as were made ufe of in the year 1720, and numbers of his majefty's fubjects · have been thereby impofed on and undone, this may furnish matter for a parliamentary inquiry; and this leads me to the fecond queftion I have propofed. Upon this question, Sir, we are firft to examine into the conduct of the receivers of the fubfcription, and next into the conduct of those who were the original fub After having made this diftinction, Sir, let us maturely examine the affair now under our confideration, in order to determine, whether any grievance has been brought upon the nation by means of the laft lottery? Whether any crime of a publick na. ture relating to that lottery has been committed? And whether that crime, if any has been committed, may not be effectually profecuted and fuffi G ciently punished by information, or indictment? For as the Hon. gentleman who made you this motion hoped, that all the receivers of the N H fcribers; |