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nefit of this mode of distribution. Super-, Wales, from the time of his birth, was added to all this, he was to be told, that the possessor of the revenues of Cornwall; the king was entitled to make whatever while, on the other hand, it was not found distribution he thought proper, without that the king had any power to approbeing liable to any account, and that the priate them to any other purpose than the public were not to be called upon to re- use of the prince. Putting the case of the fund the sums which had been appro- whole of these revenues being appropriated to their service. There was one priated to the support of the privy purse sum of 90,000l. derived from the prince's of his majesty, what was the situation in revenues, and expended for special ser- which, by such a distribution, a prince of vice, which was perhaps not of this par- Wales would be placed ? The claim of ticular description. A right hon. gentle- the prince would, in this case, be the man had hinted a suspicion, that it was same as if the money had been applied in applied for purposes that were bad-pur- any other way. It was a claim, however, poses injurious to the public. Not only which no prince would assert; it was a was his royal highness to be deprived of right which he was confident his royal his revenues, but, what an honour was to highness would sooner suffer every sort of be conferred on him in the mode of de- privation than come forward to prefer. priving him of his property! No less a He was confident his royal highness would sum than 90,000l. is applied for special rather forfeit all his revenue, than urge services; but the public has reaped the any claim which might have the appearbenefit. Not a bit of benefit has the pub- ance of a contest with his royal father. lic received from this application; but He possessed, he was sure, in their full the prince is told, “ Do not think of force, not only the common feelings of it: if the money has been applied even filial duty, but was impressed with all the for purposes of corruption, this is a mat- sentiments which more peculiarly applied ter quite unworthy of notice, and can- to such a father. He would say, if it not surely, for a moment, ruffle your was to be viewed in such a light, that he royal highness's feelings!" What was this had received from his royal parent protecbut adding an insult to injury? What was tion, kindness, instruction, accompanied it but endeavouring to sport with him who with every testimony of parental affechad such serious grounds of complaint ? tion, and he would sooner die than urge He conjured the House to consider, that so ungracious a claim, or ask for any part they stood in the character of debtors, of what was appropriated by one to whom applied to by their creditor, who required he felt so many powerful obligations. It the liquidation of his claims: for that pur- was contended, that consideration should pose, he wished their amount to be ascer. be had of all the money laid out on the iained; he desired to know how his reve- prince's account during his minority-of nues had been collected, and under what the expense which he occasioned in his authority they had been expended. This cradle. In the case of a private guardian, was one of the great questions, on which, this would certainly be proper ; but the if any legal difficulties existed, parliament king was in a very different situation : a was to act as referrees; and in assuming private gentleman gives his son an edu. this character, they would only be doing cation more splendid, on account of the what was by no means uncommon even in weaith he was to inherit. Would any one the best times of our history. Every one say, that the possession of the duchy of knew that it was no uncommon thing for Cornwall could have any influence in dethe House to declare what the law was termining how the heir to the throne of on great constitutional points. To refer Great Britain was to be educated? It to no other instance, the decision of the was a duty incumbent upon his majesty to House, declaring the illegality of general give a suitable education to all his chilWarrants, was an instance never to be for dren; and the public had supplied him gotten. It might be said, that no prece- abundantly with the means. There was a dents could be found to sanction the inter- very strong proof that this was the way.

in ference for which he contended; but to which the subject was viewed by the king this he would answer, that the onus pro- himself. The duke of York, when yet a bandi lay with those who argued against child, was elected to the see of Osnathe proposition now under consideration. burgh, and entitled, of consequence, to In

support of what he contended for, it considerable revenues. Had his majesty was found, de facto, that the prince of appropriated these to his own use, in consideration of the expense which he had in the account, he professed himself amazed. curred? They had been held sacred, and He loved the laws ; he approved the estathe accumulated proceeds of the bishop-blished forms of judicial proceedings; he ric had been laid out in purchasing large had the highest regard for the line of disestates for his royal highness when he tinction between the judicial and legiscame of age. No reference had been made lative powers; but, most of all, he had a to his private patrimony, or that of any regard for the principle of substantial jusof his brothers. The expense of the tice. He should prefer the last, if incomprince of Wales's education might be set patible with the foregoing; but here, he off against the sums he is entitled to. He contended, there was no variance between was of opinion, that this deduction would them. It had been said, and said truly, be unfair ; but to think otherwise was no that whether there was a legal remedy, reason why this motion ought not to be was a legal question ; but not the slightest agreed to ; that point could only be agi. intimation had been given of the manner tated with propriety after the prince's in which this legal question might meet right had been acknowledged, and an ac- with a legal decision. The matter would count had been taken of the money re- not, he trusted, be got rid of by such, ceived in trust for him. He denied that shifts, whatever might be the fate of the aay argument could be drawn from the present motion. For a subject of this late period at which the claim was set up. country to be placeù in a situation of such In 1783, when the prince's establishment hardship, was most unjust and most dishad been settled at 50,0001. a year. cer- graceful. There surely was no reason tainly no demand upon this score had for this illustrious personage being treated been made; but it would be most unfair | in this manner. İn 1795, he was placed that any should suffer from the negligence under many restrictions-just, yet severe. and laches of others. Mr. Fox allowed, Not only with the letter, but with the that the affair had been entirely overlooked spirit of these, he had punctually and by him, as well as by Mr. Wallace and Mr. chearfully complied. He had been obLee, the attorney and solicitor general, liged to reduce his establishment, and to and the other members of that administra- live in the most private style. The right tion. But in this, he contended, there hon. gentleman had often talked much of was nothing extraordinary, and no ground the necessity of keeping up the splendor for any unfavourable inference. It often of the monarchy. 'He certainly thought happened to the most diligent, able, and this a very important object, though he capable men, to overlook what was clear was not sure that it might not sometimes and undisputed. What he was now to give way to a greater. But did the right say was a matter of testimony. He gave hon. gentleman think splendor quite unthe House his honour, that a thought of necessary to the heir apparent? Would this matter never once entered their heads. no bad consequences follow from the It was not stated to the House from any splendor of his establishment being, so opinion of its merits, but because it really long suspended ? According to the right was not known to exist. Some then hon. gentleman's principles, the most sethought the allowance of 50,0001. greatly rious evils were to be apprehended. Untoo small, and be certainly was of der these circumstances, Mr. Fox said, that number. He was prevented from if the prince of Wales had applied for reproposing an addition, only because there lief without reference to any particular was a difference of opinion upon this sub- rights, he should have been inclined to ject between him and his majesty. Wlien have received the application, and to have so much was said of the depreciation of considered it favourably. But when he money and the high price of provisions says, “ I have a just demand upon you," upon certain occasions, it was strange to refuse to hear him could be reconciled that on others they were never thought of. (to no principles of generosity, of justice, How could ministers talk so much of the and far less with the principles professed increased expense of living in one case, by the right hon. gentleman. He could and, on a parallel case, allow those con- not believe that the House would say, siderations no weight? He allowed, that " I do not know whether I owe you the all the sums of money advanced to the money or not; try your cause in a court prince since he came of age, would form of law: I rather suspect, that whether I a clear and undoubted set-off; but that owe you or not, you have no means to any difficulty should be made in balancing enforce payment : seek your remedy, bring your action; but, as a friend, I tell tions of Edward 3rd and his parliament, you, you have no remedy at all.” This forsooth, were now to be frustrated, and would be meanness and disingenuity of the money was to be locked up in a the deepest dye. The words of the mo- banker's chest. He did not ask the opition might perhaps be rendered more un- nion of a lawyer upon the charter, but exceptionable ; but no one could deny, that of any man of common sense. Inthat the prince of Wales had made out stead of occasional supplies, the prince a colourable right, which ought to be in. had received his royal appenage. From quired into. If it turned out to be well the 33rd of Henry 6th the contemporafounded, he should receive what is due to neous exposition of the legislature clearly him; if it should appear doubtful, it might appeared to have been that which he be put in a way of judicial inquiry, and supported. By that it was enacted, that the king might be addressed to remove all the prince should sojourn and be at diets difficulties in point of form. Last of all, in the king's palace, and that the king if the House should be still more hostile should receive an account of all the reto the claim, a resolution might be voted, venues of the duchy of Cornwall [Mr. saying that no farther proceedings should Erskine called out that that act was imbe had. The argumentum ab inconve- mediately repealed.] The learned gennienti had often been allowed great weight, tleman maintained that this made no dif. and never greater than of late. A mem ference whatever. The Yorkists had ber was allowed to retain his seat, who gained great advantages at that time, and had been judicially declared ineligible; every one at all acquainted with history for a declaratory law was a judicial act. knew that every thing was in the utmost How much more was it necessary that confusion. The repeal of the law was of there should be some relaxation in forms, no consequence whatever. After conin matter of such difficulty and import- sidering the point of livery, the learned ance as the present! He sat down in the gentleman proceeded to deprecate the confident hope, that the order of the day idea of the House mixing with the deterwould be negatived.

mination of a matter of right. This The Attorney General said, if the would be a thing of the worst omen. It prince of Wales were placed in circum. had no sanction in the past, and would stances in which he could not maintain the be a most mischievous precedent for the dignity of his rank, he should be willing future. Particularly it would lay open a to listen to an application for relief; but wide field for canvas and cabal, which the question now before the House was a could not possibly enter into the courts dry question of right. He expressed of law. The wisdom of our ancestors great astonishment that it had not oc had made a separation which we should curred to the right hon. gentleman (Mr. do well not to confound. He by no Fox) and his colleagues in office. He means said that the prince had any comknew the extensiveness of their informa. pulsory means of enforcing his rights, tion and the grasp of their understanding, supposing them to exist. The king could and he was sure that if the claim had not be called to account. When a petibeen sustainable they would have ad- tion of right was presented to the chanvanced it. But it had never struck them cellor, although he decreed for the petithat the prioce of Wales, after having tioner, if justice was still refused him, he been maintained for one-and-twenty years had no remedy. This was on account of in all the splendor becoming his elevated the peculiar situation of the sovereign, in rank, could at last call the king to an ac- whom great confidence was placed, and count for all the money received for that whom it might be dangerous to subject to parpose during his minority. The learned any legal process. If the House went gentleman was glad that the question had beyond their constitutional competence, been brought to its true bearing, namely, and entertained this question, they would whether the revenues of the duchy of do so to no purpose. It had been shown Cornwall, granted for the support of the clearly, that the money advanced to the heir apparent during his minority, should prince of Wales during his minority exnot be applied to this purpose. Edward | ceeded all his revenues, and that no 3rd could never mean that he should feel balance was due to him. The House bad no exoneration by the rich grant which declared general warrants to be illegal, he made, but that it should be a dry, ac- but that was a mere abstract question ; cumulating fund. The provident inten- and bore no resemblance to a question of (VOL. XXXVI.)

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civil right, touching the property of in- | The method of investigation proposed dividuals. He thought it would be was, in fact, a species of arbitration, cal. highly unbecoming in the House to ob- culated to prevent unseemly altercation. trude its mediation between father and It had been said, that the motion could the son: it would be irreverent to the not possibly be entertained; but sums of sovereign, and detrimental to the state. money were often voted, where a matter It was not pretended that these revenues of right must be discussed and deterhad been in any degree misapplied. The mined. He would suppose that a conelegant accomplishments and splendid tractor to the loan paid in too much, and endowments of the prince, showed that this contribution was carried to the Exhe had experienced the highest degree of chequer: when he applied for relief, the parental care, liberality and attention. House could not say—" Seek your redress

Mr. Tierney said, that the master of at law.” A committee would be apthe rolls had urged a very formidable ob- pointed, and substantial justice would be jection to the motion, and had evidently done. Again, he would suppose that the made a deep impression upon the House. steward of the royal princes who had If he had not got over this difficulty, he borrowed money from the civil list, were confessed he could not so readily have to pay the instalments to the civil list, given his support to the motion for a instead of the consolidated fund, accordcommittee. But he thought he could ing to the proposed arrangement: if they furnish a complete answer to it. He

He petitioned for redress, would you turn them denied, in the first place, the position, round and tell them to seek their remedy that the affair was between the prince of at law? According to this mode, no inWales and the king. The king had no justice could be done ; and as this was thing to do with it, and his name ought not a suit to be determined between liti. not to have been introduced. The public gating parties, no form would be violated. was the other party with the prince, and, The public by its representatives was in taking cognizance of the matter be. merely to consider, whether it had not tween them, the House by no

received undue advantage, and acted as a judicial tribunal. A judicial whether this was not an advantage which tribunal was a tribunal that touk upon it, justice to an individual required it to self to decide upon the contending in forego ? terests of individuals ; but the public, Lord Hawkesbury said, the right must through the medium of their representa- still be tried. He disapproved of deciding tives, were now called upon to settle a a point of this nature collaterally, and by dispute between an individual and them. a side wind. The fact could not be de. selves. Whatever was the nature of the termined till the law had been determined ; report, it

would conclude nothing. and for the House to erect itself into a Against the prince the law would remain court of justice, would be attended with the same; and if in his favour, still it the most dangerous effects. He mainwould not be final; as the appropriating tained, that the question was not between act must go up to the Lords and receive the prince of Wales and the public, but their consent. The advantages of this the prince of Wales and his majesty, into mode of proceeding were very great. whose hands these revenues had come ; The learned gentleman was a judge of the and, though he might in justice call upon soundest understanding, indefatigable in the House to make good any sum he was his exertions, and who studied not only obliged to give, still he was the account. the causes but the convenience of his able person, and upon him the claim must suitors. Unbiassed as his enlightened first be made. He had administered the

od upright miod ever was, yet would he revenues ; and if they had been diverted not feel, unavoidably, some degree of from their right use, it was he who had prejudice against a man who obstinately diverted them. He was incompetent to refused to hear the claims of his adver- pronounce whether the claims of the sary, and rejected every proposal for an prince were ill or well founded; but he amicable accommodation? Would not must be blind not to see the mischief that he, most probably, have right on his side, would be produced by determining upon who wished to avoid litigation; who them in this manner. He must ever set would not exercise the extremities of the his face against attempts to confound the Jaw; and who was anxious to make an different branches of the constitution. appeal to his adversary's conscience ? | The motion appeared to him unprecedented in its nature, and dangerous in its disposed to listen more favourably to the consequences.

prince's application ? For it was to the Mr. Nicholls contended, that as the House certainly that the prince must ultiHouse had permitted the property of the mately look for payment. The House prince in the duchy of Cornwall to be therefore ought to examine the right, to sold, and leases to be given, by which the ascertain how much the prince might, on prince, on his coming of age, was deprived the statement of accounts regarding the of a very large sum which he might have application of the revenues of Cornwall, raised by renewing them, the House was be entitled to recover. Surely it was unbound to make good those losses to his gracious to advise the prince to enter into royal highness. He quoted precedents to a law.suit to ascertain his right, when show that the House had been always some gentlemen contend, that no arrear desirous to protect the right of the Prince would be found due. But, if there was to the duchy of Cornwall and its emolu. any other mode by which the prince ments.

could proceed, it should be stated. This Mr. Sheridan was happy to find that was no hostile proceeding. The prince the noble lord was disposed to place the acted with the most honourable motives, question in a plain light. For his own with the utmost delicacy towards the part, he should have been better pleased, king, in trying to ascertain his right: he had the motion more distinctly stated the felt that he had a duty to his father ; nature of the points that were to be de- but he felt likewise a duty towards his cided, and their grounds. In his opinion, creditors. it was to be considered who the parties The Solicitor General contended, that were; whether a just claim existed; and if the prince had any legal right, the prowhether any other remedy than an ap- per mode of proceeding, in the first place, plication to parliament could be pursued was, to ascertain that right in a regular by the prince, if it was found that his manner. If a petition of right failed, the claim was good? The parties in the ques- claim might then be submitted to parliation appeared to be the prince and the go- ment. It had been said, that the prince vernment in general, and therefore the came forward as a creditor of the public; House of Commons acting for the public. but that was the very point to be proved; If the revenues which of right belonged for how could he be a creditor, if he had to the prince were, by error or inadvert- no right to the sums for which he sought ence, applied, for the public service, would re-payment ? Whether he was a creditor it be a fair thing to tell the prince that or noi depended on the question, whether they would not listen to his claim? With the revenues of the duchy had or had not regard to the historical knowledge of the been properly applied ? It was underattorney general, he must say a few words. stood, when the revenues of the duchy of That learned gentleman had commented Cornwall were settled on the prince of on the act of Henry 6th as settling prin- Wales, that they were to be for his; supciples for guiding the application of the port ; because, when sojourning and at, revenues of the duchy of Cornwall. But diet with the king, they were to be by the if, as that learned gentleman had contend- king applied to his use; buit, when not soed, the king, as guardian of the prince of journing and at diet with the king, he was Wales, had a right to interfere with the to live at his own charge. He contended, application of these funds to the prince of that the revenues of the duchy being setWales in his minority, why was this spe- tled by the crown for the maintenance of cial act passed? The learned gentleman, the prince of Wales, no account of them however, upon an historical reference to could be asked for; and he cited, in illus. the times in which these events passed, tration, the practice of the court of Chanhad laid very little stress on the repeal of cery, where, after a sum was liberally the act. But he forgot that it was re- granted for the support and education of pealed on a petition stating it to be inju- a minor of large property, no account was rious to the prince of Wales. If the prince, given of its minute application. however, had any claim upon the revenues Mr. Tyrwhitt was sorry, that any thing of the duchy of Cornwall, how was the should have been said that could lead to right to be made effectual? Were the the supposition that this question involved prince even to obtain a verdict against the any contest between the king and the king, could it be made availableAnd if prince of Wales. The consideration of it could not, would the House then be the prince's right to the revenue of the

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