Chapter IX (3)

Notwithstanding the unanimity manifested by the commons, in every thing relating to the measures for acting vigorously against the common enemy of the nation, they were remarkably disturbed and divided by a contested election of members for Oxfordshire. In the course of this dispute, the strength and influence of what they called the old and new interest, or, to speak more intelligibly, of the tories and whigs in that county, were fully displayed. The candidates sustained on the shoulders of the old interest, were lord viscount Wenman and sir James Dashwood: their competitors, whom the new interest supported, and of consequence the ministry countenanced, were lord Parker and sir Edward Turner. Never was any contention of this kind maintained with more spirit and animosity, or carried on at a greater expense. One would have imagined that each side considered it as a dispute which must have determined whether the nation should enjoy its ancient liberty, or tamely submit to the fetters of corruption. Noblemen and gentlemen, clergymen and ladies, employed all their talents and industry in canvassing for either side, throughout every township and village in the county. Scandal emptied her whole quiver of insinuation, calumny, and lampoon; corruption was not remiss in promises and presents: houses of entertainment were opened; and nothing was for some time to be seen but scenes of tumult, riot, and intoxication. The revenue of many an independent prince on the continent, would not have been sufficient to afford such sums of money as were expended in the course of this dispute. At length they proceeded to election, and the sheriff made a double return of all the four candidates, so that not one of them could sit, and the county remained without a representative until this ambiguous affair could be decided in the house of commons. About the middle of November, petitions being presented by the four candidates, as well as by the gentlemen, clergy, and other freeholders of the county, complaining of an undue election, and double return, the matter of these petitions was heard at the bar of the house on the third day of December. The counsel for lord Wenman and sir James Dashwood alleged that they had the majority of votes upon the poll, and this circumstance was admitted by the counsel on the other side; then they proceeded to prove by evidence, that, after closing the poll, the sheriff declared the majority of votes to be in favour of these two candidates, and adjourned the court from the twenty-third day of April to the eighth of May; so that the scrutiny demanded and granted on the behalf of lord Parker and sir Edward Turner could not be discussed before the last day of the month, when the writ was returnable; that the scrutiny did not begin till the ninth day of May, when the time was protracted by disputes about the manner in which it should be carried on; that lord Parker and sir Edward Turner were allowed to object, through the whole poll, to the votes on the other side, on pretence that their competitors should be permitted to answer these objections, and, in their turn, object through the whole poll to the voters for lord Parker and sir Edward Turner, who should, in the last place, have leave to answer: that lord Wenman and sir James Dashwood had disapproved of this method, because they apprehended it might induce their competitors to make such a number of frivolous objections, that they should not have time to answer one half of them, much less to make objections of their own before the writ should be returned: that they foresaw such a number of frivolous objections were made, as engrossed the attention of the court till the twenty-seventh day of May; so that they could not begin to answer any of these objections till the twenty-eighth; and on the thirtieth, the sheriff, having closed the scrutiny, made the double return. The proof being exhibited, the counsel insisted, that as they had established a majority on the poll, and demonstrated that this majority neither was nor could be overthrown by such an unfinished scrutiny, it was incumbent on the other side to proceed upon the merits of the election, by endeavouring to overthrow that majority of which their clients were in possession. A question in the house being carried to the same purpose, lord Wenman and sir James Dashwood objected to five hundred and thirty voters on the other side, whom they proposed to disqualify. Their counsel examined several witnesses, to prove the partiality of the sheriff in favour of lord Parker and sir Edward Turner, and to detect these candidates in the practice of bribery; for which purpose they produced a letter in their own handwriting.

{1755}

They afterwards proceeded to disqualify particular voters, and summed up their evidence on the twenty-first day of January. Then the counsel for the other side began to refute the charge of partiality and corruption; and to answer the objections that had been made to particular voters. They produced evidence to prove, that customary freeholds, or customary holdings, had voted in elections in the counties at Glamorgan, Monmouth, Gloucester, Wells, and Hereford; and that the customary tenants of the manor of Woodstock, in Oxfordshire, had been reputed capable of voting, and even voted at elections for that county. In a word, they continued to examine evidences, argue and refute, prove and disprove, until the twenty-third day of April, when, after some warm debates and divisions in the house, lord Parker and sir Edward Turner were declared duly elected; and the clerk of the crown was ordered to amend the return, by erasing the names of lord Wenman and sir James Dashwood. Many, who presumed to think for themselves, without recollecting the power and influence of the administration, were astonished at the issue of this dispute, which, however, might have easily been foreseen; inasmuch, as, during the course of the proceedings, most if not all of the many questions debated in the house, were determined by a great majority in favour of the new interest. A great number of copyholders had been admitted to vote at this election, and the sheriff incurred no censure for allowing them to take the oath appointed by law to be taken by freeholders: nevertheless, the commons carefully avoided determining the question, whether copyholders possessed of the yearly value of forty shillings, clear of all deductions, have not a right to vote for knights to represent the shire within which their copyhold estates are situated? This point being left doubtful by the legislature, puts it often in the power of the sheriff to return which of the candidates he pleases to support; for if the majority of the voting copyholders adheres to the interest of his favourite, he will admit their votes both on the poll and the scrutiny; whereas, should they be otherwise disposed, he will reject them as unqualified What effect this practice may have upon the independency of parliament, every person must perceive who reflects, that, in almost all the counties of England, the high sheriffs are annually appointed by the minister for the time being.

{GEORGE II. 1727-1760}

MESSAGE FROM THE KING TO THE HOUSE OF COMMONS.

The attention of the legislature was chiefly turned upon the conduct of France, which preserved no medium, but seemed intent upon striking some important blow, that might serve as a declaration of war. At Brest, and other ports in that kingdom, the French were employed in equipping a powerful armament, and made no scruple to own it was intended for North America. Towards the latter end of March, sir Thomas Eobinson, secretary of state, brought a message from the king to the parliament, intimating, that his majesty having at the beginning of the session declared his principal object was to preserve the public tranquillity, and at the same time to protect those possessions which constitute one great source of the commerce and wealth of his kingdoms, he now found it necessary to acquaint the house of commons, that the present situation of affairs made it requisite to augment his forces by sea and land, and to take such other measures as might best tend to preserve the general peace of Europe, and secure the just rights and possessions of his crown in America, as well as to repel any attempts whatsoever that might be made to support or countenance any designs which should be formed against his majesty and his kingdoms; and his majesty doubted not but his faithful commons, on whose affection and zeal he entirely relied, would enable him to make such augmentations, and to take such measures for supporting the honour of his crown, and the true interest of his people, and for the security of his dominions in the present critical conjuncture, as the exigency of affairs might require; in doing which his majesty would have as much regard to the ease of his good subjects as should be consistent with their safety and welfare. In answer to this message, a very warm and affectionate address was presented to his majesty; and it was on this occasion that the million was granted for augmenting his forces by sea and land. [357] _[See note 2 X at the end of this Vol.]_ The court of Versailles, notwithstanding the assiduity and despatch which they were exerting in equipping armaments, and embarking troops, for the support of their ambitious schemes in America, still continued to amuse the British ministry with general declarations, that no hostility was intended, nor the least infringement of the treaty.

COURT OF VERSAILLES AMUSES THE ENGLISH MINISTRY.

The earl of Albemarle, the English ambassador at Paris, having lately died in that city, these assurances were communicated to the court of London by the marquis de Mirepoix, who resided in England with the same character which he had supported since his first arrival, with equal honour and politeness. On this occasion he himself was so far imposed upon by the instructions he had received, that he believed the professions of his court were sincere, and seriously endeavoured to prevent a rupture between the two nations. At length, however, their preparations were so notorious that he began to suspect the consequence; and the English ministry produced such proofs of their insincerity and double dealing, that he seemed to be struck with astonishment and chagrin. He repaired to France, and upbraided the ministry of Versailles for having made him the tool of their dissimulation. They referred him to the king, who ordered him to return to London, with fresh assurances of his pacific intentions; but his practice agreed so ill with his professions, that the ambassador had scarce obtained an audience to communicate them, when undoubted intelligence arrived, that a powerful armament was ready to sail from Brest and Rochfort. The government of Great Britain, roused by this information, immediately took the most expeditious methods for equipping a squadron; and towards the latter end of April, admiral Boscawen sailed with eleven ships of the line and one frigate, having on board a considerable number of land forces, to attend the motions of the enemy; but more certain and particular intelligence arriving soon after touching the strength of the French fleet, which consisted of twenty-five ships of the line, besides frigates and transports, with a great quantity of warlike stores, and four thousand regular troops, commanded by the baron Dieskau, admiral Holbourne was detached with six ships of the line, and one frigate, to reinforce Mr. Boscawen; and a great number of capital ships were put in commission. In the beginning of May the French fleet, commanded by Mr. Macnamara, an officer of Irish extraction, sailed from Brest, directing his course to North America; but, after having proceeded beyond the chops of the English channel, he returned with nine of the capital ships, while the rest of the armament continued their course, under the direction of M. Bois de la Mothe.

SESSION CLOSED.

On the twenty-fifth day of April the king went to the house of lords, where, after giving the royal assent to the bills then depending; for granting a certain sum out of the sinking fund for the relief of insolvent debtors, for the better regulation of marine forces on shore, for the better raising of marines and seamen, and to several other public and private bills; his majesty put an end to the session of parliament by a speech, in which he acquainted the two houses, that the zeal they had shown for supporting the honour, rights, and possessions of his crown, had afforded him the greatest satisfaction; that his desire to preserve the public tranquillity had been sincere and uniform; that he had religiously adhered to the stipulations of the treaty of Aix-la-Chapelle, and made it his care not to injure or offend any power whatsoever; but that he never could entertain a thought of purchasing the name of peace at the expense of suffering encroachments upon, or of yielding up, what justly belonged to Great Britain, either by ancient possession or by solemn treaties; that the vigour and firmness of his parliament, on this important occasion, had enabled him to be prepared for such contingencies as might happen; that if reasonable and honourable terms of accommodation could be agreed upon, he would be satisfied, and, at all events, rely on the justice of his cause, the effectual support of his people, and the protection of Divine Providence. The parliament was then prorogued to the twenty-seventh of May.