The History of England, from the Accession of James the Second - Volume 4, Thomas Babington Macaulay [early readers .txt] 📗

them, "a true regard for that gentleman; and I implore you not to do him an injury under the notion of doing him a kindness. Consider that you are usurping what is peculiarly the King's prerogative. You are turning officers out and putting officers in." The debate ended without any vote of censure on Solmes. But a hope was expressed, in language not very parliamentary, that what had been said in the Committee would be reported to the King, and that His Majesty would not disregard the general wish of the representatives of his people.349

The Commons next proceeded to inquire into the naval administration, and very soon came to a quarrel with the Lords on that subject. That there had been mismanagement somewhere was but too evident. It was hardly possible to acquit both Russell and Nottingham; and each House stood by its own member. The Commons had, at the opening of the session, unanimously passed a vote of thanks to Russell for his conduct at La Hogue. They now, in the Grand Committee of Advice, took into consideration the miscarriages which had followed the battle. A motion was made so vaguely worded that it could hardly be said to mean any thing. It was understood however to imply a censure on Nottingham, and was therefore strongly opposed by his friends. On the division the Ayes were a hundred and sixty-five, the Noes a hundred and sixty- four.350

On the very next day Nottingham appealed to the Lords. He told his story with all the skill of a practised orator, and with all the authority which belongs to unblemished integrity. He then laid on the table a great mass of papers, which he requested the House to read and consider. The Peers seem to have examined the papers seriously and diligently. The result of the examination was by no means favourable to Russell. Yet it was thought unjust to condemn him unheard; and it was difficult to devise any way in which their Lordships could hear him. At last it was resolved to send the papers down to the Commons with a message which imported that, in the opinion of the Upper House, there was a case against the Admiral which he ought to be called upon to answer. With the papers was sent an abstract of the contents.351

The message was not very respectfully received. Russell had, at that moment, a popularity which he little deserved, but which will not surprise us when we remember that the public knew nothing of his treasons, and knew that he was the only living Englishman who had won a great battle. The abstract of the papers was read by the clerk. Russell then spoke with great applause; and his friends pressed for an immediate decision. Sir Christopher Musgrave very justly observed that it was impossible to pronounce judgment on such a pile of despatches without perusing them; but this objection was overruled. The Whigs regarded the accused member as one of themselves; many of the Tories were dazzled by the splendour of his recent victory; and neither Whigs nor Tories were disposed to show any deference for the authority of the Peers. The House, without reading the papers, passed an unanimous resolution expressing warm approbation of Russell's whole conduct. The temper of the assembly was such that some ardent Whigs thought that they might now venture to propose a vote of censure on Nottingham by name. But the attempt failed. "I am ready," said Lowther,-and he doubtless expressed what many felt,-"I am ready to support any motion that may do honour to the Admiral; but I cannot join in an attack on the Secretary of State. For, to my knowledge, their Majesties have no more zealous, laborious or faithful servant than my Lord Nottingham." Finch exerted all his mellifluous eloquence in defence of his brother, and contrived, without directly opposing himself to the prevailing sentiment, to insinuate that Russell's conduct had not been faultless. The vote of censure on Nottingham was not pressed. The vote which pronounced Russell's conduct to have been deserving of all praise was communicated to the Lords; and the papers which they had sent down were very unceremoniously returned.352 The Lords, much offended, demanded a free conference. It was granted; and the managers of the two Houses met in the Painted Chamber. Rochester, in the name of his brethren, expressed a wish to be informed of the grounds on which the Admiral had been declared faultless. To this appeal the gentlemen who stood on the other side of the table answered only that they had not been authorised to give any explanation, but that they would report to those who had sent them what had been said.353

By this time the Commons were thoroughly tired of the inquiry into the conduct of the war. The members had got rid of much of the ill humour which they had brought up with them from their country seats by the simple process of talking it away. Burnet hints that those arts of which Caermarthen and Trevor were the great masters were employed for the purpose of averting votes which would have seriously embarrassed the government. But, though it is not improbable that a few noisy pretenders to patriotism may have been quieted with bags of guineas, it would be absurd to suppose that the House generally was influenced in this manner. Whoever has seen anything of such assemblies knows that the spirit with which they enter on long inquiries very soon flags, and that their resentment, if not kept alive by injudicious opposition, cools fast. In a short time every body was sick of the Grand Committee of Advice. The debates had been tedious and desultory. The resolutions which had been carried were for the most part merely childish. The King was to be humbly advised to employ men of ability and integrity. He was to be humbly advised to employ men who would stand by him against James. The patience of the House was wearied out by long discussions ending in the pompous promulgation of truisms like these. At last the explosion came. One of the grumblers called the attention of the Grand Committee to the alarming fact that two Dutchmen were employed in the Ordnance department, and moved that the King should be humbly advised to dismiss them. The motion was received with disdainful mockery. It was remarked that the military men especially were loud in the expression of contempt. "Do we seriously think of going to the King and telling him that, as he has condescended to ask our advice at this momentous crisis, we humbly advise him to turn a Dutch storekeeper out of the Tower? Really, if we have no more important suggestion to carry up to the throne, we may as well go to our dinners." The members generally were of the same mind. The chairman was voted out of the chair, and was not directed to ask leave to sit again. The Grand Committee ceased to exist. The resolutions which it had passed were formally reported to the House. One of them was rejected; the others were suffered to drop; and the Commons, after considering during several weeks what advice they should give to the King, ended by giving him no advice at all.354

The temper of the Lords was different. From many circumstances it appears that there was no place where the Dutch were, at this time, so much hated as in the Upper House. The dislike with which an Englishman of the middle class regarded the King's foreign friends was merely national. But the dislike with which an English nobleman regarded them was personal. They stood between him and Majesty. They intercepted from him the rays of royal favour. The preference given to them wounded him both in his interests and in his pride. His chance of the Garter was much smaller since they had become his competitors. He might have been Master of the Horse but for Auverquerque, Master of the Robes but for Zulestein, Groom of the Stole but for Bentinck.355 The ill humour of the aristocracy was inflamed by Marlborough, who, at this time, affected the character of a patriot persecuted for standing up against the Dutch in defence of the interests of his native land, and who did not foresee that a day would come when he would be accused of sacrificing the interests of his native land to gratify the Dutch. The Peers determined to present an address, requesting William not to place his English troops under the command of a foreign general. They took up very seriously that question which had moved the House of Commons to laughter, and solemnly counselled their Sovereign not to employ foreigners in his magazines. At Marlborough's suggestion they urged the King to insist that the youngest English general should take precedence of the oldest general in the service of the States General. It was, they said, derogatory to the dignity of the Crown, that an officer who held a commission from His Majesty should ever be commanded by an officer who held a similar commission from a republic. To this advice, evidently dictated by an ignoble malevolence to Holland, William, who troubled himself little about votes of the Upper House which were not backed by the Lower, returned, as might have been expected, a very short and dry answer.356

While the inquiry into the conduct of the war was pending, the Commons resumed the consideration of an important subject which had occupied much of their attention in the preceding year. The Bill for the Regulation of Trials in cases of High Treason was again brought in, but was strongly opposed by the official men, both Whigs and Tories. Somers, now Attorney General, strongly recommended delay. That the law, as it stood, was open to grave objections, was not denied; but it was contended that the proposed reform would, at that moment, produce more harm than good. Nobody would assert that, under the existing government, the lives of innocent subjects were in any danger. Nobody would deny that the government itself was in great danger. Was it the part of wise men to increase the perils of that which was already in serious peril for the purpose of giving new security to that which was already perfectly secure? Those who held this language were twitted with their inconsistency, and asked why they had not ventured to oppose the bill in the preceding session. They answered very plausibly that the events which had taken place during the recess had taught an important lesson to all who were capable of learning. The country had been threatened at once with invasion and insurrection. No rational man doubted that many traitors had made preparations for joining the French, and had collected arms, ammunition and horses for that purpose. Yet, though there was abundant moral evidence against these enemies of their country, it had not been possible to find legal evidence against a single one of them. The law of treason might, in theory, be harsh, and had undoubtedly, in times past, been grossly abused. But a statesman who troubled himself less about theory than about practice, and less about times past than about the time present, would pronounce that law not too stringent but too lax, and would, while the commonwealth remained in extreme jeopardy, refuse to consent to any further relaxation. In spite of all opposition, however, the principle of the bill was approved by one hundred and seventy-one votes to one hundred and fifty-two. But in the committee it was moved and carried that the new rules of procedure should not come into operation till after the end of the war with France. When the report was brought up the House divided on this amendment, and ratified it by a hundred and forty-five votes to a hundred and twenty-five. The bill was consequently suffered to