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the then enemies of our Conftitution, by a majority of a much smaller number, perhaps by a majority of not above two or three. Can we, then, be too jealous of the method of electing the fixteen Peers of Scotland? Can we refufe, or neglect to use, all those means that lie in our power for preventing their being ever chosen by ministerial influence? Can we fuppose that all those who are chofen by such an influence will not vote in this House under that influence by which they are chofen ?

Custom, my Lords, is of a mighty prevalent nature; even virtue itself owes its refpect, in a great measure, to custom; and vice, by being openly and avowedly practifed, foon comes to disguise itself, and affumes the habit of virtue. If minifterial influence, if private and selfish views, fhould once come to be fole directors in voting at the election of the fixteen Peers of Scotland, the practice would very foon get even into this House itself; and, as inferiors are always apt to imitate their fuperiors, it would from thence defcend to every election, and to every affembly in Great Britain. Corruption would then come to be openly and generally avowed; it would affume the habit of virtue; the facraficing of our country, the facrificing of all the ties of honour, friendship, and blood, to any perfonal advantage or preferment, would be called prudence and good fenfe, and every contrary behaviour would be called madness and folly. Then, indeed, if there were a man of virtue left in the nation, he might have reafon to cry out with the celebrated Roman patriot, "Oh virtue! I have followed thee as a real good, but now I find thou art nothing but, an empty name." It was, my Lords, the general corruption he found in his country that led that great man into fuch an expreffion he died in the defence of liberty and virtue, and with him expired the laft remains of the liberty and virtue of his country; for virtue and liberty always go hand in hand; wherever one is, there likewife is the other; and, from every country, they take their flight together.

VOL. II.

K

I have

I have faid, my Lords, that it cannot be affirmed, that any undue influence has yet been made ufe of in the election of the Peers for Scotland; but yet it must be granted, that towards the latter end of the late Queen's reign, there seems to be a strong fufpicion, that fome extraordinary influence was then made use of; for the fixteen that were first chofen after the union, were all fuch as were known to have a true zeal and affection for the Revolution, and for the present establishment. Soon after there was a change in the Miniftry here, and, upon that, a new Parliament: it cannot be faid, that there was any change among the electors of the fixteen Peers of Scotland, they neceffarily continued to be the fame; and yet there was fuch a thorough change among the fixteen reprefentatives then chofen, that hardly one of the former was fent up; the whole fixteen were fuch as were agreeable to the new Ministry, and fuch as went into all the new measures then fet on foot. Even fome noble Lords, now in this Houfe, whofe confummate prudence and great qualifications were then well known, were left out in that Queen's time, though the Peers of Scotland have been ever fince fo juft to themselves as always to chuse them for their representatives. How this fhould happen, without fome undue influence being then made ufe of, I cannot well comprehend. And if what is prophefied fhould happen; if upon the next election it fhould be found, that fome noble Lords are left out, whofe families, as well as themselves, have been eminent and remarkable for their zeal in the present happy establishment, as well as for the Revolution, upon which it is founded; if fuch, I fay, fhould be left out, for no other reason that can poffibly be gueffed at, but that they happen not to be altogether agreeable to the Minifters for the time being, I fhall think it ftill more unaccountable; because, that in the latter end of the late Queen's time, there seemed to be a conteft between those that were friends and those that were enemies to the Proteftant fucceffion, and, in fuch a conteft, there is fome ground to prefume, that the Peers of Scotland

would

would naturally divide into two parties, and that the moft numerous party would chufe that fixteen who were supposed to be of the party they efpoufed. But now, my Lords, where there is no principle, either in religion or politics, to direct them, is it not to be fuppofed that they will naturally divide into two parties, or that the majority of them will readily refolve not to vote for any of those who now happen to be difagreeable to the Minifter, notwithstanding their having, for a continued course of so many years, thought some of them worthy of the honour of being their reprefentatives in this House ?

If this, my Lords, fhould really happen; if fome of those Lords now in this Houfe, whofe zeal and affection for his Majesty's perfon and government are well known, whose qualifications and natural endowments are univerfally acknowledged, and who have performed many eminent services to their country; if fuch, I fay, fhould be left out, and others, who may not be known in the world, chofen, or, at least, pretended to be chosen in their room, I fhall be apt to fufpect, I believe the whole nation will conclude, that fome of the Scots Peers have not been directed in their choice by that which ought to be their only direction upon fuch an occafion; and if such a thing fhould happen, it will be incumbent upon this Houfe to inquire how it was brought about; for we ought not to admit of any unworthy person's being brought among us, nor ought we to allow of any perfon's being brought unworthily or unjustly into this House. This we have a right to inquire into, as may appear by what happened fo lately as in the reign of the late Queen; and our records, our own hiftories, may shew us, that the bringing, or endeavouring to bring, unworthy persons into this House was inquired into, and had like to have proved fatal to King Henry III.

In fuch cafes, my Lords, we are not tied down to the strict rules of law, we are not to expect every criminal fact to be proved by two or three witneffes; this is what neither House

of Parliament ever thought themselves tied down to do; it is from circumstances, as well as proofs, that we are to determine; and if fuch circumftances fhould concur, as muft convince every man of common fenfe in the kingdom, I am fure I need not tell your Lordships what you are to do; but as the preventing of crimes is much more prudent, and less troublesome, than the punishing of them, let us, therefore, now endeavour to prevent the committing of any fuch crimes, by agreeing to the refolution proposed.

The other House of Parliament has paffed many laws for preventing the influence of bribery and corruption in the election of any of their members. They have lately got paffed a severe law against that abominable practice; and another bill for preventing any undue influence upon their members after they are chofen, has fince been feveral times brought in, and as often paffed in that House, but your Lordships have not, it seems, thought fit to give it your concurrence. While there are fuch complaints against the growth of corruption, while the other House are using such precautions against it, shall we fit ftill and do nothing? There are but a few of the members of this House, there are none but the fixteen for Scotland, who owe their feats here to an election. Let us, then, my Lords, take all poffible care, that they fhall always be chofen by an honourable, a fair, and a free election. If they should ever come to depend upon a Minifter for their feats in this House, confider, my Lords, what an influence it might have even upon their voting while they are here. How terrible muft it be for any Lord of this Houfe to be expofed to the danger of being told by an infolent Minifter, " You fhall vote fo or fo, otherwise you fhall be no longer a Lord of Parliament." This is what, I hope, your Lordships will endeavour to prevent, by agreeing to this refolution, or any other more effectual method that may hereafter be found to be neceffary.

Earl of Chesterfield, Feb. 13, 1738.

THE

THE motion which I fhall have the honour of fubmitting to the House, affects, in my opinion, the very vitals of this Conftitution, the great primary fources of the power of the People, whom we reprefent, and by whofe authority only, delegated to us for a time, we are a part of the legislative body of this kingdom. The proceedings of the laft Parliament, in the bufinefs of the Middlefex election, gave a juft alarm to almoft every elector in the nation. The fatal precedent then attempted to be established, was confidered as a direct attack on the unalienable rights of the People. The moft refpectable bodies in the kingdom expreffed their abhorrence of the measure. They proceeded fo far as to petition the Crown for the diffolution of that Parliament, as having been guilty of a flagrant abuse of their truft. Above 60,000 of our fellow fubjects carried their complaints to the foot of the throne, a number, furely, deferving the highest regard from a Minifter, if his whole attention had not been engroffed by the small number of the 6000 who return the majority of members to this House. The People, Sir, were in a ferment, which has not yet fubfided. They made my cause their own, for they saw the powers of Government exerted against the Conftitution, which was wounded through my fides, and the envenomed fhafts of a wicked Administration pointed at our laws and liberties no less than at a hated individual. The plan was carried on for fome years, with a fpirit of rancour and malevolence which would have difgraced the very worst, but with a perfeverance which would have done honour to the best cause. I do not mean, Sir, to go through the variety of the perfecutions and injuries which that person suffered, I hope, with a becoming fortitude, I have forgiven them. All the great powers of the State, at one time, appeared combined to pour their vengeance on me. Even imperial Jove pointed his thunderbolts, red with uncommon wrath, at my devoted head. I was fcorched, but not confumed. The broad fhield of the law protected me. A generous public, and my noble friends, the freeholders of Middlefex,

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