Notwithstanding Yorke disculpated himself of not having seen the warrant, yet the Ministers protested that after Wilkes was taken up, Yorke had given his opinion that No. 45 was a libel, and had advised the commitment of him to the Tower. This was advising a man to knock down another, and then pleading that he had not seen the bludgeon. Lord North said, if a law was necessary, a partial resolution was trifling. By deferring this, they meant to introduce something much better.
Lord George Sackville said, it would only alarm the nation, to fling over the question the thin parliamentary veil of adjournment. When could a question of liberty be so properly taken up as under such a King? It was the time to lop such an excrescence. Lord North had promised much, but would perform nothing. The House of Commons singly cannot make law; but can declare upon it. He thanked God that on this question the whole body of lawyers was not on the side of power: that battery would be too much to stand. How came the Secretaries of State by this practice, but from the Star Chamber and Licensing Act? It had never been abused till now, for it had been exercised only against traitors. A discretionary power must always be at the peril of the Secretary that uses it. But he would therefore declare it illegal for a warning to them, and to show the people that they had a watchful House of Commons.
Nugent said, “Liberty rings round the House, and we may all be unanimously in the wrong.” “We are not likely to be _unanimously_ wrong,” replied Conway, “nor rash, for nothing was ever so fully debated. The Ministers had narrowed the question to Wilkes, and then called it too narrow. The previous question would in effect be a negative. Wood had called for immediate decision. There had been issued but one warrant as extensive as this down to the time of Lord Townshend, and that had been in the reign of Charles the Second. He that gives a power of tyranny gives tyranny.” Hussey added, that the Licensing Act had been dropped because the Peers would not consent to let their houses be searched.
Lord Frederick Campbell said that in a fortnight’s time general warrants would be determined to be illegal; and then, what Secretary of State would dare to sign one? Lord Granby, declaring he thought them illegal because Lord Chief Justice Pratt had thought so, said, no Secretary of State after that opinion would venture to issue them.