yet more than sufficient appeared to involve him in the guilt. It was pretty evident that, subsequent to his declaration, steps had been taken by him to execute the proposed plan. Three days before the election the candidates were not known, yet by those unknown candidates money had been distributed; and from whom did it come but from Mr. Davison? It was said that Mr. Davison had no opportu. nity to exculpate himself. Did not the evidence contained in the Report go forth with perfect notoriety? Why, then, did not Mr. Davison get a petition presented to the House, if he was conscious of being able to produce evidence in his exculpation that would overpower that which was adduced to criminate him? Much was wanted to give strength and weight to what has been urged in his favour.

that no direct opposition should be given to the opinion of the committee, and as the most: becoming way to get rid of the subject, the Hon. Member concluded with moving the previous question.

Mr. Fox expreffed his concurrence with most of the arguments advanced by the Learned Member who had last addressed the House, and owned, that nothing appeared to him more correct than the motion he had submitted, for when the House did not approve of a proposition, or did not wish to go immediately, into it, nothing was more proper than to move the previous question, which did not preclude the subsequent discussion of the same subject, if any Member should think it necessary to bring it forward. It left the case quite open for any future proceeding that justice might call for.

Mr. BRAGGE had no objection to the motion for the previous question, provided it was understood that it should not preclude the House from taking any proceeding which the nature of the case might hereafter call for, in pursuance of its own resolution, which could not consistently be abandoned. He was not unwilling to wait the result of the actions, which were said to be pending against Mr. Davison, but those actions might be collu sory; and suppose he were acquitted upon. them, would it be becoming the importanee of the House to be controlled by such discus sions, or implicitly to abide by them? On the part of the House he protested against such an idea.

The MASTER of the ROLLS deprecated the interference of the House in the manner proposed. It did not appear to him becoming its dignity or justice to concern itself in the affair of an individual in such a way as might operate to bias the minds of a jury, by prejudging a case which was to be made the subject of legal investigation. If the House should so proceed, it might happen that two prosecutions would come before the courts for the same offence; for the Attorney General had no control over the popular informer, who was, by the statute of George II. enabled to bring forward a prosecution for bribery, and by whom he understood that actions were already commenced against Mr. Davison for penalties to the amount of 48,000l. This circumstance, he conceived, ought to serve as a strong inducement to the House to decline the mode of proceeding recommended by the Mr. GREY was surprised that any Member, motion of his Rt. Ho.. Friend; but, inde- at all acquainted with the rules and practice pendently of this consideration, he thought, of the House, could consider any express upon the ground of prejudging the question, the derstanding necessary to know that the adopmotion ought to be rejected. It was noto- tion of the previous question was nothing. rious, that the courts were so tenacious that more than a postponement of the debate, and no improper prepossession should be made on did not by any means preclude the House any case submitted to their deliberation, that from subsequently taking any step in the same any thing designed for that purpose was pro- question they might think expedient. With hibited; it was known that they had taken respect to the measure recommended by the notice of even handbills, and statements sup-committee, it did not seem to him calculated posed to have that tendency, lest they should to meet the mischief of which they complained. have any influence on a jury: and what, he That the most flagrant corruption prevailed would ask, could have such important influ- in the election of Jlchester, to which the Reence on the minds of any jury, as the opinion port referred, was a fact that could not be of the House of Commons? There was, he denied; but it would not materially avail to was confident, no instance upon the Journals prosecute the agent of corruption, while those similar to that now proposed, of the Attorney who were willing, or rather anxious to be corGeneral being directed to prosecute for an of- rupted, remained untouched, and retained the fence which was already under prosecution power of vitiating the freedom of election. before the courts. The objections he enter- The committee, in his opinion, would have tained, he wished it to be understood, applied acted more wisely had they proposed a remedy equally to the proposed prosecution for con-with respect to this borough, such as was spiracy as to that for bribery. Indeed, it did not appear to him that the evidence would be sufficient to sustain the charge, for no proof was given of any act done in pursuance of the conversation at West Camel. In order

adopted in the case of Cricklade, when the right of voting was extended; or that of Shoreham, where the voters who had accepted bribes were disfranchized. He hoped, however, the House would not lightly pass over

this business, nor suffer their resolution to be nugatory. It was a case of that nature which ought not to be winked at, or allowed to escape in silence.

Mr. SMITH stated, that the committee were quite ignorant that any actions were commenced against Mr. Davison, as his Rt. Hon. Friend had stated.

The MASTER of the ROLLS observed, that he was informed of the actions having actually commenced.

The CHANCELLOR of the EXCHEQUER COincided in the observations of the Hon. Gent. (Mr. Grey), that this was a question which called for the fullest investigation. The House unquestionably stood committed, and it would be disgraceful to abandon the resolution recorded in the Journals. Not having read the minutes of the committee, he could not now pronounce any opinion upon the proceedings which it might be advisable to adopt; but he thought it right that the House should appoint some future day to take the subject into consideration, otherwise it might be supposed without doors that it was altogether dismissed, and that the House declined to follow up its own resolution. He therefore moved that this Report be taken into farther consideration on Monday fortnight.-Ordered accordingly.

subject, he should be obliged to refer to a species of information which he was sorry to be obliged to refer to, viz. the French papers. Considering the ignorance in which the public had been for some time kept, upon what was going forward, Gentlemen must either be con tent to know nothing, or to have recourse to the French papers for the official documents which they contained. The reason why he wished the production of the orders which had been sent out relative to the Cape of Good Hope was, that the House should really know what the fact was. He had heard, that at different times different orders had been sent out: at one time it was determined to give it up, and at another it was to be kept, without any reason whatever being assigned for it. After the signature of the treaty of peace, orders were sent out to deliver up the Cape; afterwards, in the month of October last, when there was a considerable ferment in consequence of the invasion of Switzerland by France, orders were sent out that the Cape should not be given up. He did not know these circumstances from any official account published by his Majesty's Ministers, but from the accounts published in the French papers. In point of fact we did not keep the Cape; it was a kind of recapture, and there was a regular capitulation. He was anxious that the country should be acquainted with all the facts upon this subject, because it proved such a wavering in the councils of this country, that the House had a right to full information upon the subject. There was another reason why he wished for the production of the orders which had been sent out, and the dispatches Thursday, April 28.-(See Minutes, p. 810.) which had been received, and that was, to [CAPE OF GOOD HOPE.]-Lord FOLKE- have an opportunity of comparing dates. He STONE rose, pursuant to the notice he had wanted to compare the date of the dispatches given, to move for certain papers, with a view which informed Ministers of the detention of of obtaining information respecting the events the Cape, with the date of his Majesty's mes that have occurred at the Cape of Good Hope. sage to that House, because he did believe He wished, before he made the motion, to that those dispatches conduced to the mes observe, that he had no desire, by this motion, sage, and the consequent armament. to interfere with the negotiations which were King's message was delivered on the 8th of now carrying on between the Government of March, stating that discussions were pending this country and France; nor had he any wish between this country and France, and that to call for any information which, under the armaments were preparing in the ports of present circumstances, his Majesty's Ministers France and Holland. The French official pamight think it improper to give; though, per denied that any discussions were pending, perhaps, it might not be improper if the and indeed he did not see what discussions House were to call for such information, with could be going on except with regard to the a view of rescuing the business out of the Cape. As to the armaments in the French weak hands in which it was now placed. But ports, they were nothing more than had been as it was not his wish to urge on a discussion carrying on for some time. But it was geneupon the general subject of the negotiation, rally supposed that the discussions were relaif his Majesty's Ministers would say that the tive to the island of Malta. Upon this point production of the papers he now called for he wished to observe, that in the exposé of the would in any degee interfere with the nego- French government, in which they gave an tiation that was pending, he would imme- account of the situation of the country, it diately withdraw his motion, and drop it alto- was stated that the English still retained pos gether. If, however, this assurance was not session of Alexandria and Malta, but that the given, he would persist in the motion. There ships which were to convey home the garri was another thing which he wished to pre-sons of those places, had arrived in the Memise, and that was, that in discussing this diterranean. In the correspondence between

HOUSE OF COMMONS.

The

Sir A. Ball and Mons. Bussy, it was contended by the latter, that the English had, as long ago as the month of June last, consented that the Grand Master should be elected by the Pope, which had been done; and that as to the guarantee of the great powers of Europe, they were to be solicited to guaranty the independence of the island, but that such a guarantee was not absolutely necessary. He did not state this as his opinion upon this question, because this was not the proper time to enter into it, though he had formed a decided opinion upon it. He did not urge this with a view to extract information from Ministers, but to shew that the discussion could not be about Malta, and consequently to strengthen his argument for the production of the papers relative to the Cape of Good Hope. He again repeated, that if Ministers would state, that any public inconvenience would arise from the production of the information he required, he would not press his motion; but if they did not state that, he should move, "That there be laid before this "House a copy, or copies, of all orders sent "to the Cape of Good Hope, respecting the "surrender of that colony, since the signature "of the treaty of peace with the French re"public: together with a copy, or copies, of "all dispatches relative to the surrender or "detention of that colony, as received by "the commanders of British forces by land "or sea there, and the times when they were "received from his Majesty's Ministers-Also an account of all discussion, if any, which "has taken place between his Majesty's Mi"nisters and the French government, respect"ing that colony, since the signature of the "treaty, previous to the last order sent out "for the surrender of the same."

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on must be about the Cape; and lastly, he moved for an account of the scussions which were going on respecting the Cape. He was therefore, he thought, justified in stating, that there was a considerable degree of inconsistency between the professions and the speech of the Noble Lord. But surely if the Noble Lord had been aware of the general acceptation of the notice which had been given by an Hon. Member (Col. Patten), which embraced every object of public concern, he would have abstained from any specific motion. He really had entertained a hope that, under the present circumstances, such motions as the present would not have been made. He was by no means disposed to deny that the subject to which the Noble Lord's motion referred, was one upon which the House had a right to expect information and explanation. It was one upon which his Majesty's Ministers were anxious to give information, when it could be done without prejudice to the public service. With this view of the subject, he could not consent to negative the motion on the other hand, he could not accede to it, because it would require explanations that could not be given under the present circumstances, without inconvenience to the public service. He should therefore move the order of the day, or the previous question: he was inclined to prefer the former, because he could not approve of the form of the motion-he should therefore move the order of the day, declaring again, that there was no inclination on the part of his Majesty's Ministers to keep back any information that could throw any light upon the subject, when that information could be properly given. With regard to the form of the motion, he suggested to the Noble Lord whether it would not be better to put it into the form of an address to his Majesty.

Lord FOLKESTONE said, if it was more consistent with the forms of the House, he had no objection to move it in the shape of an address.

The CHANCELLOR of the EXCHEQUER said, the Noble Lord must forgive him if he observed, that there was a strange inconsistency between his declaration at the commencement of his speech, and the arguments which he had used in the course of it. The Noble Lord stated at the beginning of his speech, that he did not wish to bring forward in his Mr. WINDHAM said, he merely rose to remotion the general points which might be sup- mark, in answer to what had fallen from posed to be in discussion at present between the Rt. Hon. Gent. who had censured his Nothis country and France, more especially as ble Friend for some supposed inconsistency in an Hon. Gent. had given notice of a motion his speech, that there appeared to him no which would embrace the whole subject. ground for such a charge. His Noble Friend After making this declaration, the Noble Lord did not say, that he would not press his mobestowed a considerable part of his speech to tion if it had any connexion with the discusprove that the only subject in dispute between sion going on between this country and this country and France must be the Cape of France; he had merely said, that he would Good Hope; and in the concluding part of not press for the disclosure of any informahis motion, he desired to know what were tion that might be prejudicial to the public the discussions going on between this country interest. He was therefore at liberty to conand France relative to the Cape; so that thejecture what were the points now in negotiaNoble Lord first declared that he did not tion. With regard to the notice which had want to extract information respecting the been given by an Hon. Member, he did not discussions now going on: then he endea- consider that as any argument against his Novoured to prove that the only discussion going ble Friend's motion; on the contrary, if the VOL. III.

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