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On the 3rd of February the Commons attended to hear the commission read at the bar of the Lords, which was done by Earl Bathurst, in the absence of Thurlow. On returning to their House now as an authorised Parliament, the Commons read the Bill for the first time without a division, but on the second reading, on the 6th of February, Burke attacked it with unabated ferocity. He wanted to know how they were to determine when the king was sane again. Who was to inform them of it? Who was to certify it? He asserted the utter impossibility of adducing proof whether a person who had been insane were perfectly recovered or not. If this doctrine had been established, the regency must have become permanent. But this mode of reasoning was too metaphysical for the House of Commons; the debate passed on, and the Bill was committed. The clause providing against the non-residence of the prince, and against his marrying a papist, again brought up Mr. Rolle. He said that he had given his assent to the appointment of the prince regent on the assurance of his friends, that he was not married to a certain lady, either in law or in fact; but that he had since read a famous pamphlet, which affirmed that the facts were in opposition to those avowals. This was a brochure of Horne Tooke's, in the shape of a letter to a friend, in which he declared his positive knowledge of the prince's marriage with "the late Mrs. Fitzherbert," who, he contended, in spite of the Marriage Act, was his lawful wife. Rolle was answered by Lord North, who declared that the object of the pamphleteer was simply to make mischief by throwing out assertions that he never meant to prove, and Welbore Ellis called for the reading of the Royal Marriage Act, and showed that no royal marriage could be valid without the king's consent, and that, therefore, whatever was the case, all those objections were a mere waste of words. Rolle did not press the question to a division. The other clauses of the Bill raised much debate, but were all passed, and on the 10th of February the council was appointed to assist the queen in her charge, and Pitt named as members of it[347] the four principal officers of the household, the Lord Chamberlain, the Lord Steward, the Master of the Horse, and the Groom of the Stole, with the addition of the Archbishop of Canterbury, Lord Chancellor Thurlow, the Archbishop of York, and Lord Kenyon. The names of the Prince of Wales, the Duke of York, several of the other princes, the Lord Mayor of London, and the Speaker of the House of Commons, were all strongly urged upon Parliament as persons who ought to be members of this council, but they were, to a man, rejected by a majority of about fifty.The first debate arose on the subject of drunkenness and gin. Drunkenness had of late years appeared to grow rapidly, and to assume more horrible features from the increasing use of gin. Sir Joseph Jekyll proposed in committee that a heavy tax should be laid on this pernicious liquor, which should put it out of the reach of the working classesnamely, a duty of twenty shillings per gallon on all sold retail, and fifty pounds yearly for the licence to every retailer. This benevolent man had not arrived at the truth, that to tax a crime is only to stop up one vent of it, and to occasion its bursting out in half a dozen other places. Sir Robert Walpole saw this clearly, and though he would not oppose the Bill for this purpose, he predicted that Parliament would soon be called upon to modify its provisions. The small duties heretofore levied on this article had brought in about seventy thousand pounds annually, and, as the Excise had been made over to the Crown, this sum went to the Civil List. Walpole demanded, therefore, that whatever deficiency of this sum should be produced by the new regulations should be made up to the Civil List. The whole measure excited great clamour out of doors. It was regarded as an invidious attempt to abridge the comforts of the people, whilst those of the wealthy remained untouched. The clause proposed by Walpole to protect the revenue was assailed with much fury both in and out of the House. It was said that the Minister was quite indifferent to the morals of the people on the one hand, or to their enjoyment on the other, so that the revenue did not suffer.
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The 20th of November arrived; the two Houses met, and Lord Camden in the Peers, and Pitt in the Commons, were obliged to announce the incapacity of the king to open the Session, and to move for an adjournment till the 4th of December, in order that the necessary measures for transferring the royal authority, temporarily, might be taken. Fox, at this important crisis, was abroad, and had to hurry home with headlong speed, in order to join his party in their anxious deliberations preparatory to the great question of the regency. In the meantime, the king's physicians had been examined before the Privy Council, and had given their opinion that the royal malady would prove only temporary. This in particular was the opinion of Dr. Willis, a specialist who had the chief management of the case, and whose mild treatment, in contrast to the violent means previously employed, had already produced a marked improvement. From this moment Pitt appears to have taken his decisionnamely, to carry matters with a high hand, and to admit the Prince of Wales as regent only under such restrictions as should prevent him from either exercising much power himself, or conferring much benefit on his adherents. When, therefore, Parliament met, after the adjournment, and that in great strengthfor men of all parties had hurried up to town,Lord Camden moved in the Lords, and Pitt in the Commons, that, in consequence of the king's malady, the minutes of the Privy Council containing the opinions of the royal physicians should be read, and that this being done, these opinions should be taken into consideration on the 8th of December.
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