“We have a King who disdains to keep pace with such a servile lawyer—but,” said he, (turning, and directly nodding at Hume Campbell, who sat three benches above him,) “I will not dress up this image under a third person; I apply it to him; his is the slavish doctrine, he is the slave; and the shame of this doctrine will stick to him as long as his gown sticks to his back—but his trade is words; they were not provoked by me—but they are not objects of terror, but of my contempt and ridicule. Then,” said he, turning to Murray, “I would come to another learned gentleman, but it is difficult to know where to pull the first thread from a piece so finely spun. Constructions ought never to condemn a great Minister, but I think this crime of violating the Act of Settlement is within the letter. If the dangerous illegality of it is to be inquired into, it should be referred to a Committee of the Whole House, not to a Committee of Supply. Inquired into it must be: will I suffer an audacious Minister to run before Parliament? I do not say superiors, I hate that miserable poor word; but if a Cabinet have taken on them to conclude subsidiary treaties without consent of Parliament, shall they not answer it?” He affirmed that there was not the smallest similarity between these and the treaties quoted. In 1717 and 1718 the Ministers stated dangers from Sweden, and then asked for money. The treaty of Hanover was grounded on the Ostend Company, and on the negotiations about Gibraltar, &c. Time, the great discoverer of truth, had not yet discovered whether there was any truth in the assertion of the Emperor and Spain designing to set the Pretender on the Throne. Would any lawyer plead, when his Majesty speaks in a treaty and says dominions, that he can mean anything but his British dominions? we were not to be explained out of our liberties, nor by being taught to subtilize, to lose respect for the essential.
In the last war the Hessians did once go into aliena castra, and except at that time when they were forced at Munich, never behaved well. He thought there was an equal violation by both treaties, but the Russian most dangerous: yet he would not avow that we were so exhausted as to declare we could not assist Holland. Because this treaty stipulated succours for England and Holland and Hanover, did the legality for the two first prove the third stipulation not illegal? But even the protection of Holland was not mentioned in the Address of last year. “Where,” said Murray, “is the harm of holding my troops ready? the Crown reserves it as an operative act.” But that was precision at which we could not arrive! was all an unmeaning verbiage! You had not the troops, therefore it was no war! but there was levy money: and raising men, without firing a gun, was constructive treason. He wished he could hear any more of the shining lights of Westminster!—the long robe was made use of in all arbitrary times. How often had they attacked Magna Charta with explanations of nisi per mandatum Domini Regis! Where, might it have been said in the late Rebellion, was the harm of a few men ready to rebel? Dr. Foigard says, “Where is the harm of being in a closet?” These vigorous measures would pull a war out of the closet. He denied that the Crown had a power of making subsidiary treaties that lead to war. That Hanover was concerned in all these treaties quoted, he was sorry to hear—then surely it was time to stop it, since we improve so much in adulation, as to be arrived at the age of speaking out and avowing Hanover in all. He wished the circumstances of this country could permit us to extend such care to Hanover; but he would not for any consideration have set his hand to these treaties.
Fox with great spirit took up the defence of Hume Campbell, who willingly abandoned it to him. “The honourable gentleman,” said he, “has nothing to answer to two such speeches but to say that he is astonished. What! nothing to so long a series of treaties as had been quoted! was it no argument that those treaties had been so debated, and had been signed by men of the greatest and most unblemished characters? Mr. Pitt’s, indeed, had been guarded, but they had been most personal invectives. Yet he would not, said he, have uttered them, unless personally called on—how was he personally called on? Eternal invectives were the words—he is a great master of invective, but is he the sole person who wages it? Hume Campbell had spoken of his superiors as an individual. Who has no superiors? Though distinctions were now so condemned, he could remember endeavours to create distinctions between Hanoverians and Englishmen, on our taking those troops into our pay: they were accursed distinctions; and the weakest conceivable, if attempted by persons who wished well to the present establishment. However we were improved, we did not improve in invectives. He hoped Ministers would never say they should be punished: let the gentlemen amuse themselves with them! they had lost their force; the people know to what they tend, by discoveries made and repeated within these fifteen years: they had been tried ineffectually on this occasion. In 1726, if Hanover was not comprehended in the word States, it was not included at all: the distinction was Pitt’s. Germans and Russians must by States understand Hanover. Would not Murray have been to blame, if he had not spoken with precision on treaties? Lord Ducie retained 200 men in arms during the late Rebellion; did he levy war? He hoped the Ministers would be disculpated from the accusation of levying war on Prussia, by hindering him from levying war! How were the Bavarian and Saxon treaties applauded, though concluded during the recess and without consent of Parliament, and the money advanced! He would do nothing to prevent invectives being used; and he hoped the King’s Ministers had virtue and understanding enough not to mind them!”
Sir George Lee and Legge spoke against the treaties: the latter said, He hoped the clause in the Act of Settlement would never be declared not prohibitory; how was that clause to be preserved, unless all steps leading to a war were laid before us? is engaging in war to be confined to mere abstinence of declaring war? If Russia is attacked, and our ships sail to the Baltic, is it not war? and whose war? of the Act of Settlement? or of prerogative and Ministers, against the Act of Settlement? He would not give so much countenance to these treaties, as to refer them to a Committee.—Several others spoke on each side; and Beckford finished the Debate with reflections on the notorious ductility of prerogative lawyers, alluding to Hume Campbell, who did not want another blow to stun him. The Court prevailed by 318 to 126.
Dec. 12th.—Lord Barrington opened the treaties in the Committee, and urged that that with Hesse was cheaper than the one in 1740; and that the chief object of them was to enable us to furnish our quotas to the Low Countries and to the Austrians. That he wished to see Foreign Troops here from our Allies rather than from our enemies. That the Russian General, though his own country should be attacked, was to obey our requisition without waiting for orders from his Court. That it was evident the Russian Empress was our Ally, not our mercenary, or she would have insisted on some such terms as the Germans; but she only wanted to be enabled to assist us. That Sweden had a well-manned fleet, Russia had not. That there were no thoughts of a continent war—and yet he owned he wished the Royal Family had been a younger branch, and that our Foreign Dominions do take off from[39] our insularity—on the other hand, their connexion with us takes away the insularity of Hanover. He drew no unflattering opposition between the advantages we derive from Hanover in the acquisition of so good a King and so great a General, and the loss to that people of such a Sovereign!
Lord Pulteney said with spirit, that he was shocked on entering life to find everything valuable, as the Act of Settlement, treated with ridicule or indifference; and he lashed the known perfidy of the Landgrave of Hesse, who had so hampered us in this treaty, that he seemed to mean only to get a sinecure or pension. The fluctuating state of Russia, and the dropsical condition of the Empress, rendered their assistance precarious: if we should obtain it, we had marked out the King of Prussia’s dominions for their quarters. He touched pretty plainly on the wealth of Hanover; said, there were two millions of Hanoverian money in the Saxon Funds—why was none of it drawn out on this occasion? why would they not exert a little love of their country?
He was answered by Edward Finch, a Groom of the Bedchamber, who gave as satisfactory and circumstantial an account of the Czarina’s health and kindred, and of his own hopes and joys on those topics, as if he dreaded the knout for want of loyalty or exactness. He had formerly been Ambassador at that Court, and united the unpolished sycophancy of it to the person and formality of a Spaniard. One may judge of his talent for negotiations, when he defended them with genealogies! The absurdity of Finch struck fire from Delaval, who never had another moment of parts. The former had sneered at Lord Pulteney’s premeditated speech; Delaval begged that another time Finch would premeditate too. For invectives, he said he would no more believe such political augury, than the Life-Guardsman who foretold the earthquake; and he did not doubt but the King might sleep in St. James’s till he should be awakened by the shouts of a grateful people. Were these Foreign Troops such a grievance? Edward III., Queen Elizabeth, had entertained German troops—were they for defence of Hanover? King William had them too, and Queen Anne—were they all influenced by a partial regard to Hanover?
Charles Townshend spoke for three quarters of an hour against the treaties with infinite rapidity, vehemence, and parts. He began with an attack on Hume Campbell, saying that he might offend his superiors, and might be misrepresented by some new convert, intemperate in his zeal, and plunging from rank abuse to adulation—yet he would not hesitate; everything dear depended on the event of that day. He touched on the misapplication of the vote of credit, and enlarged on our situation, finding us, notwithstanding our stoic patience, forced into a war, which, though mismanaged, had hitherto been successful: yet we seemed to intend to be no longer superior at sea. What was the situation of Europe? It was necessary for France to make a diversion by the means of Prussia, alienated from the King, and jealous both of Russia and France, and angry with Austria. This made him the arbiter of peace and war: his capacity made him so too; he was the most able crowned head in Europe. Spain was now governed with Spanish councils; to those we owed her neutrality. The Court of Vienna was disinclined to war: the States so sunk, they could not be the better or the worse for us. How politic had been our conduct with all! Vienna and Holland disliked a war; Spain declined it, and Prussia; France was averse to it only from the backwardness of Prussia—yet him you had provoked! how culpable were the Ministers, who, to flatter the ill disposition that they found in the Cabinet, had kept that Prince at a distance: he had begged you would not hinder him from being your Ally; he formerly offered his friendship in exchange for two Duchies: Austria refused them: that refusal had been admired by my Lord Granville, who grounded on it, and enraged him by, a partition of his dominions. What pains had been taken since to reconcile him: personal favour had been courted by encouraging prejudices against him: yet his wisdom had counteracted our folly. He determined to preserve the peace of Europe, and declined the offers of France.
Why did the Ministry add the threats of England to the disobligations of France and its temptations? why acquiesced not to the wise foot on which that King had put things? instead of that came the little petulant mechanic activity sometimes seen in the persons of some[40] Ministers. What would have prevented a war? acting with Prussia. What would make it? bullying him. He then objected to the Hessian treaty, as impracticable; for contingents, as useless; to the money having been appropriated, as unparliamentary. When the Opposition, he said, offered to the Ministers to increase the Army, they answered, it was large enough; when to increase the Fleet, it would be too much—and then, neither Army nor Fleet were sufficient, and we must have Hessians. They had evidently contracted both services to make room for Foreign Auxiliaries. He wished the Administration was in such hands as those which signed the treaty of Wolfenbuttle! He thought[41] somebody besides his ancestor presided in the Councils of those days, and foisted in that spirit which now breathed in all our Councils.
Then, reverting to Russia; Russia, he said, like a quarter-master, would make an assignation with France to come to a place called Hanover; they would say, “Prussia is in our way; we will remove him—but he is in good humour; we will provoke him.” He spoke, he said, with little premeditation; he was encouraged by the success his friend Finch had had in that manner. Our wise, economic Ministry foresaw a war, but brought it on sooner than anybody else could. The Address of last year had mentioned only America and these Kingdoms: what had been stated to the House but the clamour on the encroachments of the French? and if that should bring the war hither, we had resolved to defend the King. These had been the only motives[42] of Lord Granby and of his brother, whom he praised: he asked that Lord if he was not right; his Lordship’s assent would be a full answer to the boldness or preciseness of any Minister. Vyner had asked last year if that money was really to be applied as voted: the question was received with surprise, because nobody thought it could be misapplied. Then the King went abroad with only an unthinking and unparliamentary Minister[43] at his ear—they made the treaty. Ministers here did not dare to refuse what they would not have done. Then some servile lawyer was to be found to defend it. The Act of Settlement and everything sacred was to be infringed while the whole Cabinet was struggling for power. Report said everywhere, said abroad, that nothing but corruption prevailed in the House of Commons.[44] Instances had been brought to our Courts of Judicature how much it prevailed in our elections. But now, added he, show that you are not under any one man; show you are not part of his retinue; that you are without superiors. Imitate great examples; see the virtue and integrity of those who have refused all things inconsistent with their honour—though I have heard that their eloquence is amusement, and that it is our fault if we follow it.