The record of the writ of Habeas Corpus, and the returns to it, were then read; but so many of the members had retired after the division, to eating-houses and coffee-houses to refresh themselves, that the Ministers objected that evidence was not fairly heard on their side; and Sir James Lowther moving to adjourn, it was carried without a division a quarter before twelve.
The next day was spent in hearing precedents of general warrants, in which there appeared but too much countenance for the practice, yet founded on no law. The greater part had been issued against Jacobites, on the accession of the present Royal Family, when their establishment was new, and precarious. The Lord Viscount Townshend,429 a zealous, bold, and authoritative Minister, had made free with the practice. It had been used even in cases of libels, but always in those of Jacobite tendency. Many in times of rebellion had been issued by the Duke of Newcastle, and three by Mr. Pitt himself, but against persons suspected of treasonable practices. These documents had Carteret Webbe now collected: he printed them, too, in his justification. But the case of Wilkes was not only dissimilar, but was important enough to call for redress of a power so obnoxious and liable to abuse. At one in the morning Sir William Meredith commenced the debate, and to what I have said added the history of those warrants. Fifty persons, he owned, had been taken up on such warrants; and then Wilkes on a like indefinite warrant. His very pocket-book had been seized to find evidence against him. The gentlemen who apprehended him were mere ministerial officers. The first warrant quoted was of 1662, for then was passed the first act for licensing the press: and as that act was temporary, and has not been revived, it is a proof that there is no law since to authorize such restraint. The warrants themselves have been found by the Court of Common Pleas to be illegal. He then read the two resolutions he proposed to move; the first, that a general warrant for seizing authors and papers is not law. The second, that seizing Members of Parliament by general warrant is contrary to privilege. Breach of privilege, he added, might be committed in the manner, even where there is no privilege. These warrants had never been used but in times of danger, and then were followed by Acts of Indemnity, and thence never came to be questioned. They were suspended from 1675 to 1690, and then were resumed to protect the Revolution. Again in 1715 and 1745, the years of the Scottish rebellions. They were now used for such a trifle as a libel, that was in every man’s hand. The licentiousness of the people had been checked: it was time now to quiet their minds by checking the licentiousness of power.
Lord Frederick Campbell, with much warmth, called on the House to vindicate Wood and Webbe, their accused members. Wood said he had done his duty, and hoped to be restored to the precise situation in which he had stood before the accusation. Sir W. Meredith said, Lord Chief Justice Keeling being accused, pleaded he had acted by precedent. The practice was censured before the person, as it is necessary to ascertain the crime ere the criminal can be condemned. Charles Yorke said he hoped to hear Keeling’s case read another day; and then moved to adjourn. Norton said he was willing to have the general case adjourned, but not the particular one of the accused. The debate took that turn of postponing the case of the warrants, but the Ministers insisted on disculpating the accused, Grenville particularly declaring for discharging the complaint of breach of privilege. Pitt replied, that if the second question should pass, it would be impossible entirely to acquit the accused. They could not be acquitted or condemned till the general question should be affirmed or condemned. If the warrant should be declared illegal, he would extenuate their behaviour as having acted by precedent. To this Wood, with much heat and arrogance replied, that he would not accept of being excused.
Wood,430 originally a travelling tutor and excellent classic scholar, is well known from those beautiful and simple Essays prefixed to the editions of the Ruins of Balbec and Palmyra;431 whither he had travelled with two432 young gentlemen of fortune and curiosity. His taste and ingenuity had recommended him to Mr. Pitt for his private secretary when Minister; but the observance required by Pitt, and the pride, though dormant, of Wood, had been far from cementing their connection. Wood had then attached himself to the Duke of Bridgwater, and through him to the Bedford faction; but remaining in office when Mr. Pitt quitted, had, with too much readiness, complied with the orders of his new masters. His general behaviour was decent, as became his dependent situation; but his nature was hot, and veering to despotic.
Lord George Sackville told him that intentionally he had done right, but was not ready to say that he had done legally right. Lord Strange said he would not consent to postpone the acquittal of the accused. General Townshend desired to have the debate adjourned to Friday 17th, being obliged to give attendance on his father, who was dying. His brother Charles, more decently than the rest, said the questions were the same, and required the same discussion: he would not consent to divide them. In truth, there could be no thought of separating them but in compliment to Wood, for few could have any partiality for Webbe. Sir William Meredith and Sir George Saville, both candid men, had wished to avoid naming persons,—a respect detrimental in great national questions; for not only the multitude will more easily be led by names than by speculation and theory, but what Ministers will fear to offend, if censure only touches their practice, not their persons? It is to the honour of the persons who composed that Opposition that their delicacy frequently, nay, constantly, hurt their cause. Yet should that delicacy not be imitated. When the freedom of a nation is at stake, what chance has liberty, if opponents have scruples for Ministers who have none?
Charles Yorke and Dowdeswell then moved to adjourn till Friday; and General Conway observed justly, that if the accused were acquitted first, the general question would not be left entire; for could the House vote that general warrants were illegal, after it should have voted that they who executed those warrants were blameless? Yet Wood continued loudly to demand his justification. Mr. Pitt was for adjourning the whole debate; and said, if this was not agreed to, he would debate the whole. Sir George Saville said, Wood was guilty of impatience, though an honest one; and complained that he and Sir William Meredith were not suffered to prove their whole charge.
At half an hour after four in the morning the House divided, the Opposition being for adjourning the whole matter; and to the great dismay of the courtiers, the Ministerial party were but 207, and the opponents 197—a triumph in parliamentary cases little preferable to a defeat; so strong had been the alarm on seizing the papers, and so evident was it that the Ministerial majority had been the work of venality against conviction.
Dr. Hay then moved to discharge the complaint; but Pitt, roused by this swell of his party, and feeling the weight of so large a minority, poured forth one of his finest rhapsodies on liberty, though at that late hour, and after the fatigue of so long an attendance and attention: and he severely reprimanded Wood’s insolence, telling him that, if he would not accept excuse, he deserved censure. Grenville asked why these persons were blamed, and not all their predecessors?433 Pitt, still rising in fire and importance, took the whole debate on himself, asking what he had done, but in a war which he was called upon to invigorate? He had never turned out officers; he had sought for merit in those who now held precarious commissions, not by military service. They had not only saved their country, but him who had been undone if they had not saved their country.
Grenville, not losing courage on this turn of fortune, replied ably and finely. He knew, he said, the nation was left on the brink of ruin.434 The Ministers had had enough to do without hunting in alleys for libels. He then painted faction, first setting England against Scotland; then reviving party names, and drawing the line between the Parliament and people. Look! said he, look at Wilkes’s letters, where he talks of rare combustibles!
Colonel435 Barré, rising to speak, and being pointed to by the Speaker under that military appellation, thanked him, but said he had no right to that title; yet it gave him occasion to ask why he had been dismissed? what had his Majesty done on his accession? He looked out if any man had been whispered out of the service, and did him ample justice. (This alluded to Sir Henry Erskine, dismissed in the late reign, and restored to his rank by the present King; a speaking instance against the change of measures since adopted.) Himself, he said, was of no consequence, but let Ministers take care how they deprived the Crown of other faithful servants at the end of a glorious war. Non de vectigalibus agitur, sed de animâ nostra res agitur. Precedents did not justify: Charles the First had acted on precedents.
Onslow congratulated Grenville