Sir John Philipps opposed the Motion, saying, the cause was not before the House. George Townshend approved the question, saying he seconded it, not pleading so much for mercy to the prisoner, as to his Judges. Pitt rose and begged the House would consider seriously before they proceeded on so nice a matter: he wished first to see a direct application to the House. For himself, he should probably smart for it; he had received a menacing letter that very morning. He addressed himself to Keppel, wished he would break through his bashfulness and rise: it would be a foundation to him to vote for the Bill demanded; and then he should despise threats. Keppel rose. Dennis, a member of the Court-Martial, and of Parliament, was present, but had refused to join with Keppel in the application. The latter spoke with great sense and seriousness; declared, he did desire to be absolved from his oath; he had something on his mind that he wished to say. Many others of the Court-Martial, he said, had been with him that morning, and exhorted him to make the demand. Sir Richard Lyttelton said, another had been with him to the same end; and read a letter from the President, Admiral Smith, entreating him to move in the same cause. He then injudiciously went into the case of Mr. Byng, which, he said, he should think murder, if this method was not followed. Ellis had difficulties, he said; it ought to be known if the whole body desired this. It ought to be considered, that their opinions had been given in confidence of secrecy. Sir R. Lyttelton replied, Admiral Smith says they are all willing to be dispensed from their oath.
Lord Strange said, he had always been averse to meddling with Mr. Byng’s cause in Parliament, yet it was very difficult to avoid it, now the Judges themselves desired it. To refuse this dispensation to them would be a cruelty his blood ran cold at. Then the oath of secrecy being read, Thornbagh, a foolish man, who knew to do nothing but what he had sometimes seen done, moved for the Orders of the Day. Sir Francis Dashwood reprimanded him severely; and the House behaved with great decency: the Duke of Newcastle’s faction with total silence. Campbell, whose natural goodness could not on a surprise prefer the wrong side to the tender one, said, he rose for fear of being included in his opinion of the other day. He thought the Bill so necessary now, that he wished to have it read three times directly. George Grenville thought the members of the Court-Martial might speak without the Bill, as their oath only forbad them to divulge the opinion of any single man. Lord George Sackville was of the same opinion, and wished what had passed might be communicated to his Majesty without any address in form.
Keppel professed he had still doubts whether he could speak without a dispensing Act. Mr. Conway agreed with Lord George, and thought that such members of the Court-Martial as were in town ought to have a day to consider on it. Pitt said, he honoured Mr. Keppel for his doubt; wished him to consult with his friends that night; and told him, that in regard to them the House would sit the next day. For himself, he should in their case have no hesitation to speak without the Act, as they only desired to tell where it was most proper for them to tell: he hoped they would lay their sentiments at his Majesty’s feet the next morning. Some other opinions of no consequence following, Lord George Sackville begged the Debate might end, that Mr. Keppel might go immediately and consult his friends. Sir Francis Dashwood said they were not all in town; Mr. Keppel hoped if the major part were, it would be sufficient. The Speaker proposed that nothing of what had passed should be inserted in the votes.
26th.—A Cabinet Council was held to consider what was proper to be done on Mr. Keppel’s demand. Pitt told the King, that the House of Commons wished to have the Admiral pardoned. He replied shrewdly and severely, “Sir, you have taught me to look for the sense of my subjects in another place than in the House of Commons.”—However, it was determined that sentence should be respited for a fortnight, till the Bill could be passed, and his Majesty acquainted with what the members of the Court-Martial had to say. A temporary reprieve was accordingly dispatched to Portsmouth; and Mr. Pitt the same day delivered a message to the House of Commons, that his Majesty having been informed that a Member of that House had in his place declared that he had something of weight to say, which it was proper his Majesty should know, his Majesty had accordingly postponed execution till the matter could be cleared up. It had been objected in Council, that the words Member in his place would give offence, as unusual and inconsistent with the liberty of speech in Parliament, the Crown being supposed to have no knowledge or cognizance of what is said there. Pitt treated the objection with scorn; and, unluckily, commenced his Administration with a German subsidy and a breach of privilege.
Fox had immediate notice by Rigby from the Duke of Bedford of what had passed in Council, and came armed to attack Pitt on this indiscretion. Pitt had no sooner delivered the Royal Message, than Fox rose cavilling. He desired to have the Message read again:—there were words in it that struck his ear in a very extraordinary manner! The King having been informed that a Member in his place! Who informed him? Who betrayed to the Crown what was said in Parliament? What Minister was so ignorant as to advise the Crown to take notice of having had such intelligence? Did Ministers dare to avow that they made representations of the speeches of particular men? Indeed, it had now been done for a laudable purpose; but by the same rule might be practised for a bad one; and on no account must be suffered to strengthen into a precedent. He desired to be showed one instance since the reign of James the First, where the privileges of Parliament had been so sported with.
Pitt replied with great indignation, that the time had been too pressing to consult precedents. He had not thought the life of a man was to be trifled with while clerks were searching records. He had founded himself on a peculiarity of case, that was its own precedent, and could be so to no other: a precedent that could never be extended but by a wicked Parliament. He had been doing his duty in Parliament the day before, had heard the momentous doubts of Mr. Keppel, and had represented them:—he should have been ashamed to run away basely and timidly, and hide his head, as if he had murdered somebody under a hedge. It had been the sense of the House, that what had passed should be laid before his Majesty; and he had accordingly thought it his duty to represent it. What would Mr. Fox have done? not have represented it? “You, sir,” said he, to the Chair, “may enter it with proper caution.” He appealed to the House, if what he had done had not been directly implied; and concluded, that he was ready to undergo the correction of the House.
Fox replied with as much temper as the occasion seemed to call for resentment, (but it is not always true that one is most angry when one is most in the wrong,) that he did not think his observation had been indecent. That he would now say nothing to Mr. Pitt’s charge, but would prove his own conduct good-natured. Had he said some things that Mr. Pitt had said, he should have thought his nature base. It had not been necessary to express a member of the House in his place. Yet if the Speaker could think of any palliative way of entering it in the journals, he should never think of it more.
Pitt said, the manner had been chosen to show the public that every method had been taken to ease the mind of his Majesty: and Lord Strange bore him testimony, that the communication had been intended by the House: and however Parliament would take it, he knew it was manly and right.
Mr. Keppel then said, that the definitions given the day before of the oath had engaged his utmost attention: and he had represented as well as he could to some of his brethren what latitude it had been thought they might take in dispensing with it: but they were not altered in the least, and till an absolving Act should pass, could say nothing.