moved, that the Speaker do issue his warrant for a new writ, for a member to serve in Parliament for the county of Limerick, in the room of W. Odell, esq. who since his election had been appointed, and on the 27th of August last gazetted one of the lords of the treasury in Ireland. On the question being put,

expressed a doubt, whether it was competent to the House to agree to such a motion. The writ moved for was a king's writ. The present session had never been opened by any speech from the King, and he thought it would be rather an anomalous proceeding for that House to order a king's writ to be issued, without any recognition of its constitutional meeting on the part of the King.

said it might be proper to inform the hon. gent. that on a former occasion, the exercise of the right now called in question had been considered a paramount and primary duty by that House, and that, in pursuance of this principle, the House had felt it to be their duty to fill up all the seats which had become vacant in their own body. It was also to be remarked; that this was no application to the crown; and if the House had any right of their own authority to issue one warrant to this effect, they were entitled to fill every vacancy.

The question being again put,

rose and expressed his concurrence in the doubt entertained by his hon. friend as to the competence of that assembly to order a king's writ to be issued, pending the suspension of the royal functions, and whilst they could not be considered constitutionally a House of parliament. He could not, for his own part, call the meeting now assembled a House of Commons, or a House of parliament, neither could he reconcile the issuing of such a warrant as that now moved for, which must ultimately effect a writ issuable by the crown to the notions he entertained on this subject. So anomalous a proceeding he was unwilling to entertain, and therefore the impropriety of agreeing to the present motion struck him most forcibly.

did not think that it would have been necessary for him, after what had fallen from the chair, to say a single word on the subject now under consideration. The objection to the issuing of the warrant had fallen not unnaturally from the gentleman under the gallery (Mr. Biddulph,) but, after the information gentlemen had received from the chair, he thought that there would not be a dissentient voice. He could not agree to the statement of the hon. baronet, that they were not even under all the peculiar circumstances of their meeting to be considered as a House of Commons. Nothing was more important than that the public should clearly understand that they were a House of Commons, legally and duly constituted, and that being so, they were now about to take those steps for the benefit of the country, which it was incumbent on them to take without any farther delay. The argument of the hon. baronet, if at all to be listened to, would go much farther than he himself intended, for it would go indeed to this—that no writ even in a court of law, could be good, so that all legal proceedings, of every kind, must be stayed. Nothing could be more mischievous in its effects than the promulgation of such a doctrine. It was not only consistent with, but a vital principle of, the constitution, that, as the crown was in the full exercise of its prerogative, even where no occasion existed for the immediate personal interference of the sovereign, so those branches of the regal authority which derived their origin from the royal stock, remained unimpaired, notwithstanding any accidental calamity that might happen to Majesty itself. All ideas, therefore, of the impossibility of any of the functions of government being performed under the present circumstances were erroneous, and founded on a mistaken notion of the nature of the constitution. But of these mistaken ideas, that on which he more distinctly desired to dwell was, the error respecting the House of Commons. The House of Commons at present assembled were just as much the representatives of the people of England, as if his Majesty were at that moment blessed with perfect health; and although certainly not a parliament, were just as competent to the purpose, in the anticipation of which the motion before them was made.

The question was then put and agreed to.

then rose and again addressed the House. When he last had the honour of meeting them this day fortnight, he had occasion to refer to the communication made by his right hon. friend (Mr. Secretary Ryder) to the House from the privy council, and from reference to that report, feeling himself justified in the proposal of delay for one fortnight more, he had submitted such a proposition to the House, in the hope that in the mean time such a progress would have even made in his Majesty's recovery as would have held out to them the prospect, on their re-assembling to day, of a speedy reassumption by his Majesty of his royal functions. At that time he entertained a most confident expectation, that such would be the result, and he therefore had expressed a confident expectation that there would be no occasion for any farther adjournment of parliament on that account. He was now painfully placed in the situation of stating, that his expectations in that respect had unfortunately been disappointed. He had, on the former meeting stated, that the interests of the country, and a regard to its vital concerns, would require on its again meeting this day, that the House should proceed to supply the deficiency, and to provide for the discharge of the kingly functions; and that he should not feel himself entitled to propose any farther delay, unless the amendment was such as to hold out certain hopes of a speedy recovery.—He still remained of that opinion. This being the case, nothing then remained for the House, but to say in what manner they should proceed to provide for the calamity which had taken place. He was happy however to declare, that he still entertained the most sanguine hopes of the ultimate and complete recovery of his Majesty, but still as he could not hold out a prospect of a speedy recovery at present, he could not recommend that any farther delay should take place. On the contrary, he was of opinion that they had now come to this point, that the House ought to appoint a Committee of their own, to examine the physicians attending on his Majesty, and to put on the records of their proceedings the fact of his Majesty's indisposition. As sufficient notice had already been given of the proceedings likely to be adopted, in the event of no favourable symptoms occurring of immediate restoration, he did not see that there was any occasion to adjourn over to another day the naming of the Committee, but that the Committee might now be appointed. He should, therefore, propose, That a select Committee be appointed to examine the physicians who had attended his Majesty during his illness, touching the state of his Majesty's health, and to report the examination to the House. He should likewise propose that this Committee should consist of 21 members, and should at the same time propose the names; but that the House might be the better prepared to judge of the fitness of the Committee, he should at once read all the names of the members who he proposed should constitute it. He then read the names of Mr. Secretary Ryder, the Master of the Rolls, Wm. Adam, esq., hon. H. Lascelles, right hon. R. Dundas, lord Castlereagh, lord Milton, lord G. Cavendish, Attorney General, right hon. G. Canning, S. Whitbread, esq. right hon. G. Ponsonby, W. Wilberforce, esq., right hon. R. B. Sheridan, right hon. G. Tierney, right hon. W. W. Pole, right hon. sir John Newport, right hon. sir W. Scott, right hon. C. Bathurst, T. S. Gooch, esq.—He had thus put the House in possession of the names of those hon. members whom it was his intention to submit as fit and proper persons to constitute the Committee. If it should be the pleasure of the House to agree to these motions, it would subsequently be necessary for him to submit several other motions for adoption, respecting the powers to be given this Committee, and also to say something as to the ulterior course which it was his intention to recommend. At present, he should confine himself to moving "That a Committee be appointed to examine the physicians who have attended his Majesty during his illness, touching the state of his Majesty's health, and to report to the House thereon.

, rose only to remark, that the right hon. gent. had now felt himself compelled to resort to that measure, which, in the opinion of some members of that House, should have been adopted one month before. He again begged publicly to accuse the right hon. gent. (an accusation, which if unfounded might be repelled) of not having given intimation of the unlooked for assembling of parliament to all the members, without distinction, as had been observed on a similar melancholy occasion, by his predecessor. He had also farther to accuse him, that having it in his contemplation to propose on that day certain measures of importance, he did not acquaint the whole members of the House, without distinction, of the nature of the proposition to be submitted by him, but confined the knowledge of it to those individuals whom he knew to be attached to his own party. He knew it had been common for gentlemen on both sides of the House to remind or apprise their own friends of the necessity of their attending on particular occasions; but situated as the country now was, and when so important, and at the same time so generally interesting a question was to be discussed, he must insist that the intimation ought to have been made to every member without distinction.—He only begged to bring back the recollection of the House to what was their actual situation—that this was the third time on which they were thus assembled, without having yet taken any steps to supply the deficiency which was known to having existed, at least for the last six weeks. That he (Mr. Whitbread) was proposed as one of the committee, by the right hon. gent. he unquestionably esteemed an honour; and thus appointed, he should endeavour to discharge the duty entrusted to him conscientiously; or if a more proper man should be proposed in his room, he should submit with all deference to the opinion of the House, But, as the committee was to be appointed, he should abstain from saying more on the subject at present, and reserve himself till the report of the committee should be brought up, when the discussion could be more regularly entered into.

The motion for the appointment of a committee to examine the physicians, &c. was then agreed to; as was also a subsequent motion, That the committee do consist of 21 members.

The gentlemen whose names had been named by the Chancellor of the Exchequer were then appointed to form the committee, with the addition of the Chancellor of the Exchequer himself (as the mover of the proposition), and the substitution of the right hon. H. Addington, for the right hon. C. B. Bathurst, he being out of town.

The following motions were then made by the Chancellor of the Exchequer, and severally agreed to: "That the committee have power to send for the physicians, for the purpose of examining them. That the committee have power to adjourn from time to time, and from place to place; as may be convenient to them; and that they have leave to sit, notwithstanding any adjournment of the House. That no member of the House, not a member of the committee, do attend their meetings. That the committee do meet immediately in the Speaker's chamber. That five be a quorum."

On the motion of the Chancellor of the Exchequer it was then ordered, that the House at its rising do adjourn to Monday next.

then proposed, that for the purpose of ensuring as full an attendance of members as possible, a Call of the House should be ordered. To give to this Call the fullest possible effect, he should move that it do take place on Wednesday. He had proposed the adjournment only till Monday, as it was reasonable to hope that the re- port of the select committee would be ready to be presented that day. It would be necessary, that the report should be printed, and in the hands of gentlemen, before they should come to the discussion of it, and, therefore, he proposed Wednesday for taking it into consideration. It would, he was persuaded, appear to every hon. member extremely desirable and proper, previous to this important discussion, that the House should be called over, and be accordingly now moved, That the House be called over on Wednesday next.

It was then ordered that the House be called over on Wednesday next.—Adjourned till Monday.