years after Humphrey exhibited against the Bishop of Winchester, and the defence made to that accusation, that neither the one nor the other considered the infant Monarch as under the management of that prelate : there are some intermediate circumstances, which obviously lead to the same conclusion; and as soon as Henry was of years to require a preceptor, we find Beauchamp, Earl of Warwick, invested with that character.

In my original (19) distribution of the subject, I signified my intention of postponing all observation on the general principle of the constitution, as it was in this respect understood by our ancestors, till I shall have finished my historical narrative. At the same time, some few particular pas sages, which occur in this first institution and settlement of the office of Protector, seem to call for remark in this place. The claim of the Duke of Gloucester, was certainly such as could not be maintained. If instead of being the second only in the or der of the succession, he had been the first; if he had even been, as to some purposes a Prince of Wales unquestionably is, identified in contemplation of law with the political person of the Sovereign himself; whatever pretensions he might have had to direct the necessary acts for carrying on the government of the country in the interval, till some adequate provision for the emergency could be made by law; yet he could not have had any thing to object, as of strict right, against the discretion of a complete and perfect legislature, which is competent to change and transfer the succes sion itself. The very title, by which his family reigned, was a conclusive answer to the claim. On the other hand so irresistible was it, on the grounds of equity and propriety, that they who opposed it, as it was advanced by him, could not help doing what has been actually mistaken for a studied acknowledgment of that which they deliberately rejected: ignorant of the motives assigned and looking only to the

but there is none. And this is the stranger, because when the salaries of the Council were settled, the Bishop of Winchester is recited to be Chancellor also, as a sort of reason for his being made equal to the Archbishop of Canterbury, instead of the Bishop of London; and when the Duke of Exeter, some years later, still had his salary allowed from the beginning, his rank is stated as a reason for his having 300 marks. Neither of them is ever mentioned as Governor to the King.

(19) See Pol. Reg. Vol, VI. p. 466.

The

transaction itself, some of our historians have considered what was done, as a mere (20)" expedient to perform the will of the "deceased King, who had appointed Hum"phrey, Regent, without derogating from "the rights of the elder brother." delivery of the Great Seal to Gaunstede; the payment of the regular salary to him as Lord Keeper, while it was in his possession; his application of it to (21) various public instruments, and especially to Humphrey's commission for holding the Parliament, and none of these things either confirmed or questioned that we know in Parliament; the Duke's own officers confirmed from the death of Henry the Fifth; the grant of his salary as Protector from the same period unquestioned; and the Protectorate itself created at his instance, as it was said, (22) "to ease and appease him :" all strongly indicate a general sentiment in his favour. Though the name was selected with so much care to mark the distinction of his power from that of a governor, lieutenant, or regent; yet when the lords afterwards came to describe, in their own restricted sense, the duties which it imposed, they use words very similar to those in which Sir John Fortescue, an author then living and flourishing at the bar, comprehends the whole circle of royal duties "All the "kingly power," (23) (sayshe) "ought to be "applied for, and to centre in the good of "the kingdom or state: which, in effect, "consists in the defence of the subject "from the incursions of other nations, and "in the protection of their lives and proper "ties from injuries and violence as to one "another. Å King," (it is added) "who "cannot come up to this character, is to be "looked upon as weak." And, in truth, it was a weak King, or rather, according to a phrase of the same writer, a King

is not

only to be called weak, but weakness it self," whom under the name of Protector and Defender, the Parliament now sub

(20) Rapin, fol. edit. p. 536, quoted and adopted by the Parliamentary Historians in a note Vol. II. p. 172.

(21) Several extant in Rymer were pass ed during that period, though none but the commission to the Duke are of any great public importance.

(22) See the recital so often quoted from the Rolls, 6 H. VI. No. 25.

(23) De laudibus legum Angliæ, c. 37. Translation in the last edition. Compare these words with the passage quoted above in a note from the recital in the Rolls, 6 H. VI. No. 25.

desire to embrace every opportunity of giving you repeated demonstrations of the particular esteem with which I am, &c.

LETTERS OF MARQUE AGAINST SPAIN.

Order of Council, dated at the Court at the Queen's Palace, the 11th of January, 1805, the King being present in Council.

Whereas his Majesty has received information that the King of Spain has issued a declaration of war against his Majesty, his subjects, and people; his Majesty, therefore, being determined to take such measures as are necessary for vindicating the honour of his Crown, and for the vigorous prosecution of the war in which he finds himself engaged, is pleased, by and with the advice of his Privy Council, to order, and it is hereby ordered, that general reprisals be granted against the ships, goods, and subjects of the King of Spain, so that as well his Majesty's fleets and ships, as also all other ships and vessels that shall be commissionated, by Letters of Marque, or General Reprisals, or otherwise, by his Majesty's Commissioners for executing the oftice of Lord High Admiral of Great Britain, shall and may lawfully seize all ships, vessels, and goods belonging to the King of Spain, or his subjects, or others inhabiting within the territories of the King of Spain, and bring the same to judgment in any of the Courts of Admiralty within his Majes ty's dominions; aud, to that end, his Majesty's Advocate General, with the Advocate of the Admiralty, are forthwith to prepare the draft of a commission, and present the same to his Majesty at this Board, authorising the commissioners for executing the office of Lord High Admiral, or any person or persons by them empowered and appointed, to issue forth and grant Letters of Marque and Reprisals to any of his M.jesty's subjects, or others whom the said commissioners shall deem fitly qualified in that behalf, for the apprehending, seizing, and taking the ships, vessels, and goods belonging to Spain, and the vassals and subjects of the King of Spain, or any inhabiting within his countries, territories, or dominions; and that such powers and clauses be inserted in the said commission as have been usual, and are according to former precedents; and his Majesty's said Advocate-General, with the Advocate of the Admiralty, are also forthwith to prepare the draft of a commis sion, and present the same to his Majesty at this Board, authorising the said commis sioners for executing the office of Lord High Admiral, to will and require the High Court of Admiralty of Great Britain, and

the Lieutenant and Judge of the said Court, his surrogate or surrogates, as also the several Courts of Admiralty within his Majesty's dominions, to take cognizance of, and judicially proceed upon, all and all manner of captures, seizures, prizes, and repri sals of all ships and goods that are or shall be taken, and to hear and determine the same; and, according to the course of Admiralty, and the Laws of Nations, to adjudge and condemn all such ships, vessels, and goods as shall belong to Spain, or the vassals and subjects of the King of Spain, or to any others inhabiting within any of his coun trics, territories, and dominions; and that such powers and clauses be inserted in the said commission as have been usual, and are according to former precedents; and they are likewise to prepare and lay before his Majesty, at this Board, a draft of such instructions as may be proper to be sent to the Courts of Admiralty in his Majesty's foreign governments and plantations for their guidance herein; as also another draft of instructions for such ships as shall be commissionated for the purposes afore mentioned.

ELDON, C. CASTLEREAGH,
MONTROSE. MULGRAVE.

W.GRANT. C. MORGAN

CAMDEN. HAWKESBURY. E. NEPEAN. MELVILLE. ELLENBOROUGH. SIDMOUTH. W. PITT.

FOREIGN OFFICIAL PAPER. PRESIDENT'S MESSAGE.-Message deliver ed by the President of the United States of America to both Houses of Congress, Nov. 5,

1804.

[Concluded from p. 1055. I The Act of Congress of Feb. 28, 1803, for building and employing a number of gun boats is now in a course of execution to the extent there provided, for the obstacle to naval enterprise, which vessels of this construction offer to our sea-pet towns, their utility towards supporting, within our waters, the authority of the law, the promptness with which they will be manned by the seamen and militia of the place, in the moment they are wanting, the facility of their as sembling, from different parts of the coast, to any point where they are required in greater force thao ordinary, the economy their maintenance, and preservation from decay, when not in actual service, and of the competence of cur finances to this defensive provision, without any new burthen, are considerations which will have doe weight with Congress in deciding on the expediency of adding to their number from year to year, as experience will test their

of

utility, until all our important harbours, by these and auxiliary means, shall be secured against insult and opposition to the laws. --No circumstance has arisen since your last session, which calls for any augmentation of our militia force. Should any improvement occur in the militia system, that will be always seasonable.--Accounts of the receipts and expenditure of the last year, with estimates for the ensuing one, will be, as usual, laid before you. The state of our finances continue to fulfil our expectations: 11 millions of dollars received in the course of last year, ending the 30th of Sept. last, have enabled us, after meeting all the ordinary expenses of the year, to pay upwards of 3,000,000 dollars of the debt incurred, exclusive of interest. This payment, with those of the two preceding years, has extinguished upwards of 12 millions of principal.But in the discharge of the great duties confided to you by our country, you will take a broader view of the field of legislation. Whether the great interests of agriculture, manufactures, commerce, navigation, can, within the pale of your con stitutional powers, be aided in any of their relations; whether laws are provided in all cases where they are wanting; whether any abuses take place in their administration, or to that of the public revenues? Whether the organization of the public agents, or of the public force, is perfect in all its parts? In fine, whether any thing can be done to advance the general good? Are questions within the limits of your functions, which will necessarily occupy your attention. In these and all other matters which you, in your wisdom, may propose for the good of our country, you may count with assurance on my hearty co-operation and faithful exe cution.➡THOMAS JEFFERSON.

DOMESTIC OFFICIAL PAPER. KING'S SPEECH.On Tuesday, the 15th of January, 1805, the two Houses of Parliament having met, his Majesty delivered to them the following most gracious Speech from the Throne.

MY LORDS, AND GENTLEMEN, Since the end of the last session, the preparations of the enemy for the invasion of this kingdom have been continued with incessant activity, but no attempt has been made to carry their repeated menaces into effect. The skill and intrepidity of my navy, the respectable and formidable state of my army, and militia, the unabated zeal and improved discipline of a numerous volunteer force, and the general ardour manifested by all classes of my subjects, have in

deed been sufficient to deter them from so presumptuous, and desperate an enterprise,

While this spirit continues to animate the country, and its voluntary exertions for its own defence subsist in their full vigour, we need not fear the consequences of the most powerful efforts on the part of the enemy. But let us never forget, that our security has arisen from the resolution, with which we have met and provided against the danger, and that it can be preserved only by steady perseverance, and unremitting activity. -The conduct of the Court of Spain, evidently under the predomi ant influence and control of France, compelled me to take prompt, and decisive mesures to guard against the effects of hostility. I have, at the same time, endeavoured, as long as it was possible, to prevent the necessity of a rupture; but, in consequence of the refusal of a satisfactory explanation, my minister quitted Madrid, and war has since been declared by Spain against this country.. -I have directed a copy of the Manifeste, which I have caused to be pre pared on the occasion, to be laid before you, together with such papers as are necessary to explain the discussions which have taken place between me, and the Court of Madrid. You will, I trust, be convinced by them, that my forbearance has been carried to the utmost extent which the interests of my dominions would admit, and while I lament the situation of Spain, involved in hostilities contrary to its true interests, I rely with confidence on your vi gorous support in a contest, which can, be attributed only to the unfortunate prevalence of French councils.The general conduct of the French government on the Continent of Europe, has been marked by the utmost violence and outrage, and has shewn a wanton defiance of the rights of neutral territories, of the acknowledged privileges of accredited ministers, and of the established principles of the law of nations. ---Notwithstanding these transactions, so repugnant to every sentiment of modera tion and justice, I have recently received a communication from the French government, containing professions of a pacific disposition.I have, in consequence, expressed my earvest desire to embrace the first opportunity of restoring the blessings of peace, on such grounds as may be consistent with the permanent safety, and interests of my dominions; but I am confident you will agree with me, that those objects are closely connected with the general security of Europe. I have, therefore, not thought it right to enter into any more par

ticular explanation, without previous communication with those powers on the Continent, with whom I am engaged in confidential intercourse and connexion, with a view to that important object, and especially with the Emperor of Russia, who has given the strongest proofs of the wise, and dignified sentiments by which he is animated, and of the warm interests he takes in the safety, and independence of Europe. GENTLEMEN OF THE HOUSE OF COMMONS, I have directed the estimates for the public service to be laid before you, 1 regret the necessity of any additional burthens being imposed on my people, but I am sure you will be sensible how much their future safety and happiness depend on the vigour of our exertions, and that in the mode of raising supplies, you will continue to shew your anxiety for the support of public credit, and for restraining, as much as possible, the accumulation of the national debt.

SUMMARY OF POLITICS. His Majesty's speech from the throne, to both Houses of Parliament, which will be found in a preceding page of this sheet, touches upon the several topics, which will, of course, come under the consideration of those to whom it was addressed, and which topics, therefore, will naturally engage the attention of the public. They are as follows: 1. The menaced invasion; 2. The state of our military force; 3. The war with Spain; 4. The message from France; 5. Continental alliances; 6. Additional burdens; and, 7. The internal state of the country. To treat at large upon each of these would require the space of a volume; of course, nothing more than a mere sketch can be attempted here; yet it would seem improper to pass over any one in silence. It is hardly necessary to repeat, that, in commenting upon the speech, the commentator must regard it not only as expressing the sentiments, but as expressing them in the very words, of the ministers; the speech being always drawn up by them, and being re

THE MENACED INVASION. Upon this subject the speech informs the Parlament, that since the end of the last session, the preparations of the enemy have been con"tinued with incessant activity, but that no 66 attempt has been made to carry their reprated menaces into effect." That this is perfectly true no one can be disposed to deny; but, the object of stating this truism, in so solemn a manner, is not very evident, especially to those who recollect the almost constant alarms, which were rung in our ears by the ministers, and their partisans during the months of August and September, when the country was told, over and over again, that the attempt at invasion would take place in a few days; when it was repeatedly asserted, in all the ministerial journals, that ministers had received certain intelligence to that effect; when Sir Brook was assembling his committees of coachmakers, coach-masters, and horse jockies; when we were daily informed that Mr. Piut was himself inspecting the flying cars; and when not to appear upon the subscription list of coaches and horses was, in those who were possessed of such property, regarded as a proof of something amounting very nearly to disloyalty. No attempt has, however, been made. But, does the speech mean, that, from this circumstance, we ought to infer, that no attempt of the kind will be made? Those who were, last summer, in daily expectation of seeing such an attempt, may so reason; but, those who entertained no such expectation, have only to repeat their opinions, expressed in this work, at the very moment of the great alarm, occasioned by Buonaparte's having been on board the flotilla. This circumstance does not tend "to convince me, that he means to invade "England in person, or, that he means to "send, at least for some time, an army to 66 attempt such an enterprise. It would ra.