indemnifying the advisers of such measures, while the whole of the offence imputed to the supposed offenders was, that the measure was substantially legal, but that doubts had arisen in some men's minds relative to its legality? This was a mockery, he contended, too gross to be endured. He hoped, therefore, for the dignity of parliament, and the particular respect due to that House, that the noble lord, who brought in the Bill, would con. sent to amend the preamble, by leaving out the words " doubts have arisen whether the advising his Majesty to send such troops to such garrisons, during the recess of parliament, could be justified by law," and insert "the introduction of the said troops is not warranted by law, and contrary to the spirit of the constitution," instead thereof. Mr. Filmer Honeywood seconded the motion. He insisted how dangerous soever the introducing foreign troops into the dominions of the crown of Great Britain, without the consent of parliament, might be, the precedent to be established by the present Bill would be infinitely more so; because it was plain it could not be intended to indemnify the minister, but to give the measure itself the sanction of parliament. Mr. Ambler opposed the motion. He said, let the Bill pass as it is, it can do no harm, for it left the matter just as it found it; but for his part, he could not possibly discern the least occasion for a Bill of Indemnity, as where there was no crime committed, no indemnification could be required. Mr. De Grey contended, that his Majesty's advisers were perfectly justified in the advice they had given. That the measure was necessary; and the necessity was a full justification of it. If the amendment was pressed, he thought the Bill ought to be withdrawn. Mr. Serjeant Adair said, it was plain beyond question, that if his Majesty, by his royal prerogative, could introduce foreign troops in any part of the dominions of the British crown, he might introduce them in any number he pleased, and into every place he thought proper, in time of peace as well as war. He observed, that whether we considered the law as it stood anterior to the Revolution, or as it was then declared, it was evident, that even keeping a standing army of natives was contrary to law, much more foreigners, when the spirit of the constitution was considered. Mr. Morton affirmed that the measure was legal, because it was taken in a time of war. Mr. Moysey protested against the absurdity of declaring the law doubtful in a great constitutional point, and leaving those doubts to imbrangle posterity: he then entered into a discussion of the legality of the measure, which he argued was in direct violation of the Bill of Rights. He insisted, from both the letter and spirit of it, that the provision against standing armies was coextensive with this empire, and dwelt much upon the distinction be tween foreign war and rebellion. The Solicitor General insisted upon the distinction between garrisons and troops at large, alleged many passages in the conduct of the legislature to warrant such distinction, even in the frontier forts with. in this island. He said the check which parliament had upon the crown in regard to the army, was the payment of the troops; if the measure was fit and beneficial to the public, it should be ratified, though it were against law; but, if unfit and inexpedient, should be condemned, though the letter of the law were with it. Mr. Adam declared his opinion against the legality of the measure. Sir Adam Fergusson insisted, that though this were admitted to be a time of war, yet the calling in a foreign army would always have wanted an indemnity; that both the literal and substantial meaning of the Bill of Rights clearly imported, that no military force whatever had a right to be kept on foot without the consent of parliament. The matter was in deed self-evident, for it fairly amounted to this, that if either the letter could be evaded, or the spirit explained away, it would follow that the law enacted nothing, and that the king of Great Britain might keep any number of forces he pleased on foot, without the consent, nay, against the declared sense of parliament. Mr. T. Townshend said, the minister came before the House in a situation no minister ever before ventured. He had violated the laws of his country, and had the effrontery to come to parliament, not to be indemnified, but to make parliament testify that he had done nothing but what was perfectly justifiable. Mr. Burke said he had heard of angelic parliaments, healing parliaments, diaboli cal parliaments, wonder-working parlia ments, but never till now of a doubting parliament. He asked, did the gentlemen of the long robe, those of the Treasury bench, or the very worshipful corps calling themselves the King's friends, doubt ? Because, if they did, he was certain there was not a single person in the House besides, who doubted that the measure was directly against law, and subversive of the constitution. bers of any of the councils he had mentioned, but as something still more efficient, have the undoubted merit or demerit of counselling and advising to his Majesty the late measures concerning America, before those measures were brought forward in parliament. That there were such counsellors and advisers, he took to be an undoubted fact; and he must be permitted to entertain his own private opinion of the veracity and inte Lord North treated the arguments on the other side with some pleasantry, but did not answer them; and observed, that as the gentlemen on the one side were po-grity of any intelligent person who should sitive for the legality, and the gentlemen seriously and solemnly declare that he beon the other side as positive for the illega- lieved there was none of this description. lity, he thought there could be no impro- He presumed it would not be denied that priety in stating the law to be doubtful. the unanimous opinion of an ostensible The House divided upon the Amend- prime minister, a chancellor, and a responment: For it 58; against it 131. sible secretary of state, composing even this efficient cabinet council, had been overruled by this something still more efficient. There was one measure, and a measure which he conceived to be the most important and uncommon that ever was produced in an English parliament; the establishment of absolute despotism in Canada; the author and adviser of which remained to this moment unknown. Though approved, and admired, and adopted, as it had been, by parliament; yet no privy counsellor, no cabinet, no efficient cabinet counsellor, had ever yet assumed its merit; but all to whom it has been imputed, had invariably disavowed it. The unanimous complaint of all those who had been in administration during the present reign, as well as the frequent mortification and distressing embarrassment, self-contradiction, tergiversation, apparent inconsistency, and seemingly intended imposition on parlia ment, of those who were now in administration, all proved the existence of these unknown counsellors. He did not mean to charge the present administration with any real inconsistency in their opinions, or with any intention themselves of imposing on parliament; he entirely acquit Debate on Mr. Alderman Oliver's Motion respecting the Authors and Advisers of the Measures against America.] Nov. 27. Mr. Alderman Oliver said, that the motion which he had then to make, related to the advising and counselling the King in matters of great national concern; an object of no small importance; it had ever been considered as such in this nation, and in all monarchies where the interest of the whole employed the attention of the individual; and must especially be considered so by those (amongst whom he ranked himself) who were most warmly attached to the rights and dignity of the crown, and most personally affectionate to the present monarch. The wisdom of our constitution had never at any moment, from its first establishment, neglected this most important province. The great council of the nation, the hereditary counsellors of the crown, the privy council, were all names with which we were constitutionally acquainted; and the oath appointed for the last made any arguments from him unnecessary to shew the superlative importance of the office. To these his motion had not any reference. Mo-ted them of both. He believed them indern times, he said, had presented us with novel institutions, and we now talked familiarly of a cabinet council. Very modern times had brought us acquainted with something farther; and the present House of Commons would know (which preceding Houses did not) what was meant by an efficient cabinet council. Whether these were blemishes or improvements in our system of government, it belonged not to him to pronounce; for to these likewise his motion had not any reference. His motion went to those, who, not as mem nocent of these charges, for they were obliged to give way to an efficiency they could not counteract, and in which they had not the smallest share. Now these super-efficient counsellors, for he knew not what other name to give them, were the sole objects of his present enquiry. Upon these the attention of the House should fix; as that of the nation had long been fixed. These he desired to have declared to that House authentically; and he desired it now, when they would enjoy the full popularity to which those mea sures entitled them, which the sense of the nation was said to approve. And therefore he moved, and advisers of this unjust, pernicious, and calamitous war, which has already deluged with blood a part of America, and spread horror and devastation through that whole northern continent. When so many provinces of the empire are already lost, and the rest actually engaged in a cruel civil war, we ought not to sit down in a criminal supineness. It becomes our duty, as the grand inquest of the nation, to find out and punish the delinquents, by whose fatal counsels such evils have been brought upon this convulsed and almost ruined state. We owe it to the people at large; and several of us have it in express charge from our constituents. "That an humble Address be presented to his Majesty, humbly requesting, that his Majesty would be graciously pleased to impart to this House, who were the original Authors and Advisers to his Majesty of the following measures, before they were proposed in parliament-for taxing America, without the consent of its assemblies, for the purpose of a revenue-for extending the jurisdiction of the courts of admiralty and vice admiralty for taking away the charter of the province of Massachuset's Bay-for restraining the American fishery-for exempting We are, I fear, Sir, on the eve of an murderers from trial in America-for eternal political separation from the transporting accused colonists to England western world, unless a very speedy refor trial-and most especially for esta conciliation should take place. If the blishing popery and despotism in Canada." present motion happily meets with sucMr. Sawbridge seconded the motion, cess, I am sure it will do more towards a which he did in compliance with the in- sincere, lasting, and hearty union with structions of his constituents. He said, it America, than all the captious and fallawas his opinion, that resistance was jus- cious proposals of administration. The tifiable even to acts of parliament, if they Americans will then believe we indeed dewere unjust and oppressive. He had him- sire a reconciliation with them, and they self once been in danger, together with will at length begin to have confidence in the late Mr. Beckford and Mr. Towns- our counsels, when they see the vengeance hend, of suffering unjustly by an act of of parliament fall on the authors of our parliament; for that one gentleman in the common calamities. The principles of House (Mr. Ellis) had come prepared violence and injustice, which have hitherto with a string of motions, on which to prevailed, they will see, if the House is ground a Bill of pains and penalties, al- really in earnest to treat, yield to equity though the only crime of himself and his and moderation; a negociation on fair, colleagues, was that of petitioning the equal, and just terms, may ensue, and a King for a redress of grievances; but that general tranquillity be re-established in an this intended punishment had been over-empire, which is now shaken to its very ruled by one person in the cabinet, who foundation. had sense enough to foresee, that if they I really think, Sir, this is almost the went on with persecution, instead of hav-only method now left of extricating ouring one Wilkes to deal with, they should have five. Mr. Storer thought the motion proceeded from a very unnecessary curiosity. As to the planner and original contriver of the measures, no doubt the noble lord at the head of the Treasury must be the person; and he could not see why all the other most excellent measures which his lordship had carried through, were not likewise enquired after, as well as those mentioned in the motion. Mr. Wilkes. Mr. Speaker; the Address to his Majesty, which the hon. gentleman has moved this day, is so essentially different from all other late addresses to the throne, that I own it meets with my hearty concurrence. I think it, Sir, of the utmost consequence to know the original authors selves with honour and dignity from our present alarming difficulties. You have voted fleets and armies, and your forces figure greatly in the papers of the Secre tary at War, and in the expensive estimates on your table. But the minister knows very well they are not equal to the mad project of subjugating the vast continent of America, nor do I believe the whole strength of this kingdom adequate to such an attempt. After a very bloody campaign you have conquered only one hill of less than a mile's circumference, for you were suffered to land as friends in the only sea-port town of any consequence which you possess. Would the noble lord, whom his Majesty has lately raised to one of the highest civil offices, if he were sent on a military service, would he ven . All wise legislators, Sir, have calculated the strength of a nation from the number of its inhabitants, the laborious, strong, and active. The population in most parts of America is doubled in the course of 19 or 20 years; while that of this island is known rather to have decreased since 1692. The emigrations of late from the three kingdoms have been amazing and alarming. Our own people have fled in multitudes from a government, under which they starved. It appears from the nicest calculations, that many more of our fellow-subjects have voluntarily left this kingdom for America-never to returnthan I believe administration has hitherto sent in their pay both fleets and armiesnever to return-in any considerable proportion I mean for the forcesent. The Americans, Sir, are a pious and religious people. With much ardour and success they follow the first great command of Heaven, Be fruitful, and multiply. While they are fervent in these devout exercises, while the men continue enterprising and healthy, the women kind and prolific, all your attempts to subdue them by force will be ridiculous and unavailing, will be regarded by them with scorn and abhorrence. They are daily strengthening; and if you lose the present moment of reconciliation, to which this motion tends, you lose all. America may now be reclaimed or regained, but cannot be subdued. ture, even at the head of the whole British cavalry, to advance ten miles into the country? He would not, I am persuaded, be so rash, nor do I think his spirit quite daring enough to make the attempt. And is any minister weak enough to flatter himself with the conquest of all North America? The Americans will dispute every inch of territory with you, every narrow pass, every strong defile, every Thermopyla, every Bunker's-hill. A train of most unfortunate events will probably ensue, and the power of recruiting, perhaps subsisting, your weakened forces, at such a distance, be lost. After an unavailing struggle of a very few years, when the ruined merchant and manufacturer besiege your doors, you will perhaps think of naming ambassadors to the general , congress, instead of the wild and expensive job and farce now in contemplation, of 30 commissioners with a salary of 4,000l. each, to cry peace, where there is no peace. Yet, Sir, I think peace absolutely necessary between Great Britain and America, and therefore I approve the present motion, as holding out the olive branch. The Americans are rapidly increasing in population, and in the knowledge of all the useful arts of life. Alas! Sir, they are not ignorant even in the fashionable art of murdering our own species. The late worthy governor of Pennsylvania declared at the bar of the other House, that that province now grew more corn than was sufficient for the supply of its inhabitants; that they exported considera bly every year; that they perfectly understood the art of making gunpowder, and had effected it; that they had established several works to procure saltpetre; that they had the materials and means in great plenty of casting iron cannon; that the art of casting both brass and iron cannon, as well as of fabricating small arms, had been carried to great perfection; and that they were expert in ship-building beyond the Europeans. He declared likewise, that single province had actually enrolled 20,000 men in arms, embodied, but not in pay, and had 4,000 minute men ready on the first notice of any danger. The authentic accounts of the preparations for the forming, training, and disciplining troops in the Massachuset's Bay and in Virginia are equally formidable, nor are they inconsiderable in the other united provinces. Every idea of force therefore on our side must appear infatuation. [VOL. XVIII.] Gentlemen, Sir, do not seem to have considered the astonishing disadvantages, under which we engage in this contest against the combined powers of America, not only from the distance and natural strength of the country, but the peculiar and fortunate circumstances of a young, rising empire. The Congress, Sir, have not the monstrous load of a debt of above 140 millions, like our parliament, to struggle with, the very interest of which would swallow up all their taxes! nor a numerous and hungry band of useless placemen and pensioners to provide for; nor has luxury yet enervated their minds or bodics. Every shilling which they raise will go to the man who fights the battles of his country. They set out like a young heir with a noble landed estate, unincumbered with enormous family debts; while we appear the poor, old, feeble, exhausted, and ruined parent, but exhausted and ruined by our own wickedness, prodigality, and profligacy. Sir, I daily hear the Americans, whe [3 T] thing. I will tell him what it ought to glow with a divine zeal for liberty in all | coupled with nothing, and leads to noits branches, misrepresented in this House, and the ostensible minister is diligent in propagating the most unjust calumnies against them. The noble lord with the blue ribbon told us, the liberty of the press was lost throughout America. The noble lord deceives us in this, as in many other things. From experience we know that his intelligence can never be relied upon. The liberty of the press, the bulwark of all our liberties, is lost only in Boston, for his lordship's ministerial troops govern there only. The press is free at Water-Town, but seven miles distant from Boston, at Philadelphia, Newport, Williamsburgh, and in the rest of North America. I will give the House the demonstration. General Gage's foolish and contemptible proclamation against Samuel Adams and John Hancock, two worthy gentlemen, and, I dare to add, true patriots, even that proclamation, declaring them rebels and traitors, while the generals Washington, Putnam and Lee, with all the naval commanders in arms, were unnoticed by him, appears reprinted in all the American papers. His letters likewise to Governor Turnbull and others, in which he most heroically apologized for his inert conduct, as necessary for the protection of the army-the protection of an army!—and of an army, which we were taught to believe would look all opposition into subjection, awe the factious, and give security to the well affected-these letters too were all faithfully copied. I believe all the curious, futile orders he has issued, all his unmeaning declarations and proclamations, will be found as exact in the Pennsylvania, Water-Town, and other American newspapers, as in the Gazette, published by his authority at Boston, which in other respects is as partial and false as that of the American secretary published by authority in this capital. The hon. gentleman who spoke last, says, the present address is trifling, for we already know the author and adviser of all the late measures against America; that the noble lord with the blue ribbon will avow them, and has done it. I wish to hear such a declaration. Will the noble lord avow himself the adviser of only one of the late flagitious measures, that of establishing popery and despotic power in Canada? The father of that monstrous birth I thought had prudently hitherto chosen to remain concealed. He likewise tells us, the motion now before us is Lord North thanked Mr. Storer for the compliments he had paid him; but said, the hon. member who made the motion, had not considered him as the responsible author of the measures he had mentioned. He allowed that the cabinet and efficient cabinet councils were no parts of the constitution; but said, that the king might consult any part of the privy counsellors he pleased. He said the present motion was a very strange one: that there were several acts of parliament concerned in it, of which he did not know the author: he did not know who was the author of the Act of Henry the 8th, which he supposed was alluded to; that some of the other Acts had been made in different administra tions. As for popery, he said, that was established in Canada before, and despotism was not now established; for that the present Act might possibly be repealed when Canada should be in a situation fit to have assemblies; but that at present a legislative council at the will of the crown was the fittest form of government for them. That however, the Canada Bill came to them from the Lords; that he was very willing to take upon himself the guilt of supporting it in the Commons. But he hardly thought any person would propose the calling members to account for proposing or supporting any measures in parliament. The gentleman who made the present motion, was certainly a great stickler for freedom of debate, and freedom of opinion, and to complain therefore to |