Lords Sitting of 21 January 1806

Preamble
The session of parliament was opened this day, by commission; the commissioners were, the lord chancellor, the archbishop of Canterbury, lord Ellenborough, chief justice, the earl of Dartmouth, lord chamberlain, and lord Hawkesbury, principal secretary of state for the home department. A little after three, the lords commissioners took their seats on the woolsack, and the Commons, pursuant to message, having attended, with their speaker at the bar, the lord chancellor informed them, that his majesty had been pleased to direct his commission to certain lords therein named, to open the session, which commission they should hear read, and afterwards his majesty's most gracious speech. The commission was then read by the clerk at the table; and the lord Chancellor then read the Speech, as it here follows:
"My Lords and Gentlemen,
"In pursuance of the authority given to us by his majesty's commission, under the great seal, amongst other things to declare the cause of his holding this parliament, his majesty has directed us particularly to call your attention to the most decisive success with which Providence has vouchsafed to bless his majesty's arms at sea, since you were last assembled in parliament.—The activity and perseverance of his majesty's fleets have been conspicuously displayed, in the pursuit and attack of the different squadrons of the enemy; and every encounter has termi
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nated to the honour of the British flag, and the diminution of the naval force of the powers with whom his majesty is at war; but the victory obtained over the combined fleet of France and Spain, off Cape Trafalgar, has manifested, beyond any exploit recorded even in the annals of the British navy, the skill and enterprize of his majesty's officers and seamen; and the destruction of so large a proportion of the naval strength of the enemy has not only confirmed, in the most signal manner, the maritime superiority of this country, but has essentially contributed to the security of his majesty's dominions.—His majesty most deeply regrets, that the day of that memorable triumph should have been unhappily clouded by the fall of the heroic commander under whom it was achieved; and he is persuaded, that you will feel that this lamented, but glorious termination of a series of transcendent exploits, claims a distinguished expression of the lasting gratitude of the country, and that you will therefore cheerfully concur in enabling his majesty to annex to those honours which he has conferred on the family of the late lord viscount Nelson, such a mark of national munificence as may preserve, to the latest posterity, the memory of his name and services, and the benefit of his great example. His majesty has commanded us further to inform you, that, whilst the superiority of his arms at sea has been thus uniformly asserted and maintained, he has not been wanting in his endeavours to apply the means, which were so liberally placed at his disposal, in aid of such of the powers of the Conti-

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nent as evinced a determination to resist the formidable and growing encroachments of France. He has directed the several treaties entered into for this purpose to be laid before you; and though he cannot but deeply lament, that the events of the war in Germany have disappointed his hopes, and led to an unfavourable issue, yet his majesty feels confident, that, upon a review of the steps which he has taken, you will be of opinion, that he has left nothing undone, on his part, to sustain the efforts of his allies, and that he has acted in strict conformity to the principles declared by him, and recognized by parliament as essential to the interests and security of his own dominions, as well as to the general safety of the Continent.—It is a great consolation to his majesty, and one in which he is persuaded you will participate, that although the emperor of Germany has felt himself compelled to withdraw from the contest, his majesty continues to receive from his august ally the emperor of Russia the strongest assurances of unshaken adherence to that generous and enlightened policy by which he has hitherto been actuated; and his Majesty has no doubt that you will be fully sensible of the important advantages to be derived from preserving, at all times, the closest and most intimate connection with that sovereign.
"Gentlemen of the House of Commons,
"His majesty has directed the estimates for the year to be laid before you, and has commanded us to assure you, that they are framed upon that scale of exertion which the present situation of the country renders indispensable. His majesty fully relies upon your granting him such supplies as, upon due deliberation, the public exigencies may appear to require.—It is his earnest wish to contribute, by every means in his power, to alleviate the additional burthens which must necessarily be imposed upon his people, and with this view he has directed the sum of one million sterling, part of the proceeds arising from the sale of such prizes made on the powers with whom he is at war, as are by law vested in the crown, to be applied to the public services of the year.
"My Lords and Gentlemen,
"His majesty is fully persuaded, that whatever pride and confidence you may feel in common with him in the success which has distinguished the British arms in the course of the present contest, you
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will be sensible how much the events of the war on the Continent, by which the predominant power and influence of France have been so unhappily extended, require the continuance of all possible vigilance and exertion. Under this impression, his majesty trusts that your attention will be invariably directed to the improvement of those means which are to be found in the bravery and discipline of his forces, the zeal and loyalty of every class of his subjects, and in the inexhausted resources of his dominions, for rendering the British empire invincible at home, as well as formidable abroad ; satisfied that by such efforts alone the contest can be brought to a conclusion consistent with the safety and independence of the country, and with its rank among the nations of the world."
The commons having retired, the lords commissioners withdrew to unrobe, and, shortly after, lord Ellenborough took the seat on the woolsack, the lord chancellor's state of health not permitting him to sit out the expected debate. At four o'clock earl Nelson, preceded by sir Isaac Heard garter king at arms, the duke of Norfolk earl marshal, and lord Auckland, and supported by the earls of Macclesfield and Bristol, was introduced to the house. His majesty's royal letters patent were delivered in at the table by garter, and read by the clerk. The marquis of Lansdowne, marquis Wellesley, and lord St. John, also took the oaths and their seats; this being the first time of their appearing in their place in parliament since their accession to their present titles.—A bill was then brought in by lord Walsingham, and read a first time, according to the established usage of the house, previous to the speech being taken into consideration. His majesty's most gracious speech was then read by lord Ellenborough from the woolsack, and afterwards by the clerk at the table, after which
The Earl of Essexrose, to move an address of thanks to his majesty for the speech that had been just read. His lordship lamented, that this necessary duty had not devolved to some noble lord better qualified than himself to fulfil the task. He, however, had that confidence in the kindness and liberal feelings of their lordships, that they would extend the same indulgence to him, which persons who were not accustomed to address their lordships generally obtained. He would

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not detain their lordships for any considerable length of time, but content himself with briefly adverting, to the principal features in the speech. The nature of the speech was such as, in his opinion, to preclude the possibility of any opposition to the address which he should have the honour of moving. With respect to the magnitude and importance of the successes which his majesty's arms had obtained, it was impossible there could be any difference of opinion in that house. The activity and perseverance which had been displayed in pursuing the fleets of the enemy, the vigour with which they were attacked when found, and the admirable skill with which that attack was directed, were among the most brilliant achievements in the naval annals of England. Great as the victory of Trafalgar was, the universal sorrow with which the intelligence of the heroic commander who fell in it was received by the country, proved that the triumph of that day had not been cheaply purchased. Venerating, as their lordships undoubtedly must, the services, the character of the immortal commander of the British fleet upon that occasion, with the sentiment which every one must feel of the great services which he had rendered to the country, asserting at once the supremacy of its naval power, and providing, by the almost total destruction of the combined fleet, for its safety, it was impossible that any one in the house could feel disposed to oppose that part of his majesty's speech, which recommended to parliament to enable his majesty to annex to the honours which he had conferred on the family of that great commander a fit mark of the national munificence.—The unexpected and disastrous events which had taken place in Germany must be the subject of deep regret to every noble lord, who wished to see the overbearing ambition of France confined within limits consistent with the peace and, tranquillity of the rest of Europe. It, however, should be no small consolation to this country, that nothing had been left undone that depended upon her to ensure the success of the allied arms; and that though his majesty the emperor of Germany had been compelled to abandon the contest, we had still an unshaken, a magnanimous, and a powerful ally in the emperor of Russia. In the propriety of maintaining the closest connection with that great sovereign, he was persuaded their lordships would con-
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cur with the recommendation in the speech. There was only one point upon which he would detain the house, and which, though not introduced into his majesty's speech, he hoped to be able to obtain the approbation of their lordships to insert in the address. He wished that some compliment of condolence should be offered to his majesty, upon the decease of his royal brother the late duke of Gloucester. With the amiable and excellent qualities of that much esteemed person, many of their lordships had been familiar for a number of years, and he was confident they would not be averse to express the high sense which they entertained of his virtues, and to condole with his majesty on that melancholy occasion. The noble earl concluded with moving, "That an humble address be presented to his majesty", which address was, as usual, an echo of his majesty's speech, and nearly the same as that which we insert in this day's proceedings of the house of commons; see page 15.
Lord Carletonrose to second the address, and spoke nearly as follows:—My lords, the address to which your lordships are now called on to give your assent, and which I hope will meet with your unanimous concurrence, does not pledge the house to any specific line of proceeding; and therefore, I trust, none of your lordships will object to it. Most of the topics alluded to in his majesty's speech are such as must meet your concurrence. The glorious victory of Trafalgar is an event of such magnitude and importance, that it is hardly possible for the imagination to conceive any other more transcendent: it is superior to almost every other naval action, for which our history is so famous. The unparalleled valour displayed by all the individuals engaged in that action, and the unexampled ability and skill with which it was conducted, has been a subject of admiration to this country and the whole world. Never was so great an enemy so completely destroyed. The naval skill and the valour displayed on that glorious occasion was never equalled, and will never be surpassed. Every man who recollects the signal given by the hero who achieved the successes, "England "expects that every man will do his duty," must be struck with a still higher degree of admiration of his character. We never can speak or think with sufficient admiration of this great victory, nor sufficiently

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lament the fate of him whose great mind planned the attack that was crowned with such brilliant success. I have thus far expressed my feelings on this subject, because I wish to direct your attention to the importance of that part of his majesty's speech, which recommends a munificent recompence to the representatives of tho deceased hero, to whom every individual in the country, from the highest to the lowest, is so greatly indebted for his security. Your lordships, I trust, will have no objections to concur in the expressions of condolence on the death of a most illustrious and amiable prince, who was nearly allied, and so dear to his majesty; I mean the late duke of Gloucester. With respect to that part of the address which relates to the share which the government had in the late events on the continent, the present is not the proper time to discuss it; and when that discussion comes on, I hope the conduct of his majesty's government will appear perfectly justified. I also am confident we may grant further powers to government, with a complete reliance that they will faithfully execute the trust reposed in them. Notwithstanding the unfortunate turn which affairs have taken on the continent, we cannot but applaud the enlightened policy of the emperor of Russia in the line of conduct lie has pursued, and entertain the most sanguine hopes of deriving benefit from his co-operation and friendship hereafter. That illustrious prince was determined not to make an ignominious peace. The interests of Russia and this country have always been, and will ever continue to be the same. And from this community of interests, and their mutual friendship, the happiest consequences may be expected. Your lordships, I am confident, must all feel the necessity of prosecuting the war with vigour, as the only means by which we can ever expect to possess security or peace. You must feel the magnitude of the stake we are contending for. But you must all feel besides how great are the resources, the power, wealth, and commerce of this country. Never was its commerce in a more flourishing state. And, what is still greater than all, our spirit is unsubdued, our valour is intire. Such a nation, by making vigorous efforts. must be invincible. Under all these impressions, I trust, there is not one among your lordships who will not
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cheerfully concur in the present address.
Earl Cowpersaid, that he did not rise to offer any opposition to the motion now before their lordships. He was anxious, however, that it should be understood, that his own conduct, and that of other noble lords, in abstaining from expressing their sentiments on this occasion, should not he attributed to an entire concurrence in all the observations which had been made by the noble mover and seconder. The fact was, that he had come down to the house with a determination to move an amendment upon the motion for the address; but he was induced to postpone it, from the consideration, solely, of the indisposition of a right hon. gentleman at the head of his majesty's councils. He felt that, as the address did not in itself pledge noble lords to any thing, upon which there could be any great difference of opinion, it was rather a point of delicacy to offer any proposition, under the present circumstances, leading to a discussion, in which Must necessarily be involved the conduct of the right hon. gentleman alluded to. Having said thus much, he should satisfy himself, for the present, with reading the amendment which he had drawn up. His lordship then read over the amendment. The purport of it tended to express the deep concern which the house felt at the disasters recently sustained by his majesty's allies on the Continent: and to assure his majesty, that the house would take the earliest opportunity of enquiring into the causes of these disasters, so far as they might be connected with the conduct of his majesty's ministers; and to suggest such measures as should appear to be necessary for averting the dangers which threatened this country. His lordship concluded with giving notice, that on Monday next he should submit a motion, embracing the substance of the amendment which he had just read.
Lord Grenvillerose to return thanks to the noble lord, who had just sat down, for the sentiments which he had expressed. The situation of the country was, in his view of it, such as to call for the most prompt and attentive consideration. That consideration ought, most certainly, to be no longer postponed than was necessary to put their lordships completely in possession of the subjects which demanded their most serious enquiry. It was desirable that their lordships' decision should

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be preceded by the most complete investigation; but, for his own part, he confessed, that some of the topics connected with the present state of the country were so urgent, that any delay in bringing them under discussion could be justified only by the motive which influenced the conduct of the noble lord below him. There was not a man of liberal ideas, but must feel the deepest regret for the indisposition of the individual to whom he alluded. If such must be the feeling of that noble lord, and of every other man, how much more forcibly must that sentiment of regret he felt by himself, who had passed so many years of his life in the most intimate connection with the right hon. gentleman? At the same time that he thus felt himself bound to express his gratitude to the noble lord, for the motive which inclined him to postpone his intended amendment, he was also called upon to thank him, for his determination to bring forward the subject on an early day. For the rest, he had no intention of trespassing on their lordships' time at present, by any observation on what had fallen from the noble lords who moved and seconded the address. There could not be the slightest difference of opinion, with respect to that part of the address, which related to the victory off Trafalgar: every man must concur in any measure, calculated to evince the sense which the nation entertains of the brilliant and meritorious services of the late lord viscount Nelson, and to enable his majesty to,make the most splendid provision for those to whom his honours had devolved. He was happy to find that the address pledged their lordships to no approbation of the conduct of government. That was a question which called for future deliberation. He should be the last man in the world to express any unfavourable opinion on the actions of others, until he had grounds for forming that opinion. When the subject came fairly under the consideration of the house, he should state that view of it with which his mind was impressed.
Lord Hawkesburyexpressed his acquiescence in most of the observations which had fallen from the two noble lords who had spoken last. To both, and particularly to the noble lord who had just sat down, he gave the fullest credit for the motives which had induced them to wave any discussion of the measures of government, at the moment when his right hon. friend,
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the chancellor of the exchequer, was labouring under a severe indisposition. There was not an Englishman but must experience the sincerest regret at the indisposition of an individual who was the admiration, not only of his own country, but of the world; and he could well believe, that the impression which it made on the feelings of the noble lord, must be increased in a degree proportioned to the sincere friendship which had long subsisted between them, and the more intimate opportunities which he had had of appreciating his transcendent merits. He could, however, assure their lordships, that his majesty's ministers were then fully prepared, should it be the pleasure of the house, to enter into the most comprehensive discussion of their conduct. But he would, at the same time, freely state, that his majesty's speech was intentionally couched in such language as it was supposed would create no difference of opinion as to the terms of the address. Ministers felt, that the existing state of affairs required the most ample communications on their part; and they were anxious only to delay any discussion until such communications could be laid before parliament. Under such circumstances, he could not avoid observing, that it would be a departure from all precedent in parliamentary usage, to precipitate a discussion. When ministers called for the opinion of the house, without laying any information before them, or what was conceived to be imperfect information, it was then indeed customary to oppose their propositions on those specific grounds; but he never knew an instance when it was attempted to force a discussion on points, respecting which ministers were desirous of previously communicating information to parliament.
Lord Mulgravecomplimented the two noble lords on the motives which induced them to abstain from then discussing the conduct of his majesty's ministers. He, however, expressed his conviction that that conduct, when the requisite information was before the house, would meet their unanimous approbation. It would be found such as would place in the most conspicuous point of view, the character of the government and of the country. Not withstanding the unfortunate result of the efforts of our allies on the continent, he pledged himself, that the issue of the most ample investigation, upon the documents which it would be his duty to lay

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before their lordships, would be a general concurrence in his opinion, that there was not a single measure which could have been prospectively suggested, that had been omitted; nor one adopted, which, upon the most deliberate review of all the events that had occurred, it would have been desirable to retract. Having given this pledge to their lordships, and adverting to the desire expressed by his noble friend (lord Grenville) that the house should be fully in possession of every thing which related to those measures, before their lordships should proceed to the discussion of them, he would suggest to the noble earl, who gave notice of a motion for Monday next, whether it would not be advisable to postpone it for a few days longer. He was not certain, that it would be in his power by that day, to lay before the house all the documents which it might be deemed advisable to submit to its consideration; at any rate it was impossible that the house should then be so fully in possession of their contents, as to enable it to proceed to a discussion of them.
Lord Grenvillesaid, that his noble friend seemed to interpret what had fallen from him in a larger sense than he intended. He was unwilling that their lordships should separate under the impression, that he conceived-all discussion upon the state of affairs should be forborne until the communications alluded to were laid before parliament.? These communications, so far as the character of his majesty's ministers was implicated in the transactions on the continent, were certainly indispensibly requisite to enable the house to conic to a correct decision on their conduct. But there were various other topics connected with the present situation of the country, which called for the consideration of parliament with the least possible delay; and as these would, no doubt, he adverted to by the noble earl below him on Monday, he would certainly, so far as his opinion went, recommend it to that noble lord to persist in the notice which lie had given.—The motion being then put from the woolsack, was agreed to, nem. diss. and a committee appointed to draw up an address accordingly. The committee returned in a few minutes after, and presented a copy of the address, which was unanimously adopted; and the lords with white staves, were appointed to wait on his majesty, to know when he would be pleased to receive the same.

CONDUCT OF JUDGE Fox.
The Marquis of Abercorncalled their lordships' attention to the state of the proceedings in the case of Mr. justice Fox. It was necessary, as well for the sake of the person accused, as for the sake of those concerned in the accusation, that the time in which their lordships may be able to take up, and proceed with, the business, should be specified; for his part, he was prepared to come forward with the evidence, relative to whatever concern he might have in the business, as soon as the pleasure of the house should be known in that respect.
Lord Carletonmade several observations in consequence of what fell from the noble marquis; but, in such a tone of voice, as that the far greater part of what he said, was inaudible at the bar. In the outset, he expressed his concurrence in the propriety of what the noble lord said, as to the period for proceeding with the business, being fixed with certainty.—Lord Hawkesbury gave notice, that on Friday he should move a vote of thanks to lord Collingwood and sir Richard Strachan, and the officers and seamen under their command, in the recent actions off Trafalgar and Rochefort.—Earl Darnley stated his intention to take an early opportunity, of moving for an account of the number of men raised by the parish officers, under the Additional Force Act.—On the motion of lord Hawkesbury, lord Walsingham was appointed chairman of all their lordships' committee, during the present session.—Adjourned.