of Rome did against the Albans: for, if even two of the ministerial champions should fall before one of their three anta ture. He trusted that sentiment would effect what nothing but short-sighted interest could obstruct; and that every part of this wide-extended empire would ex-gonists, there may still be left a third who, perience the happy consequences of a mild, when it comes to a running fight, shall outfree, and benign government. He con- victory the last of the Horatii. It might, demned the conduct of administration in probably, in a few days, be recommended strong terms. He urged them either to to both Houses, in a certain speech, to go accept of preliminaries for peace with down into their respective counties, and America, from the wisdom and industry inculcate harmony and good order; for his of individuals in the legislature, out of part, he declared, that he should consider office, or to substitute other preliminaries acquiescence under the present measures of their own framing, which should be of a most infernal administration, as unmore just and salutary. He believed, that worthy a British soul, and highly criminal. even the sanguine abettors of government now gave up all thoughts of exacting a revenue from British America without a parliamentary representation. His constituents had recommended to him this proposition; it coincided with his own sentiments; and it was therefore with the utmost satisfaction he stood up to acquit himself of the first duty of a delegate in parliament, the conveying the wishes of those by whose suffrages he had been deputed. Mr. Alderman Oliver seconded the motion, and said, if the present opportunity of conciliating our disputes with America was neglected, we should never have another. He recommended coming to some resolution which might convince the people of that country, that we did not mean to make slaves of them, but hold them as peaceful, useful, and obedient subjects. Mr. Vyner was not for offering any conditions of peace while an American had a musket on his shoulder. Mr. Temple Luttrell called on government to act in a manner consistent with the responsibility of their stations. The lives of their countrymen, the lives perhaps of their dearest friends, the safety of the empire, depended upon their immediate resolves. Are our ministers bent on war without a possible termination? or on what issue would they wish to rest the conflict between the two nations? Would they chuse the full extent of the field against a peopled continent of that immense magnitude? or rather offer to contract their battle, as was done by our Edward the 3rd in the French wars, to a few score of select warriors; and they themselves in person demand the lists against an equal number of the American congress? Perhaps, upon mature consideration, they had best decide the superiority in the same manner that the natives Mr. Rigby said, that he should, till the colonists submitted, acquit himself of his duty, by openly avowing a firm perseverance in the same hostile measures which he had supported from the beginning. Lord Irnham exceedingly disapproved of the treatment the first magistrate of the greatest city in the world was now receiving from administration; at a time too, when he was delivering the sentiments of the better part of the subjects of this commercial empire; who in a struggle for illegal and unattainable claims, were not inclined madly to risk every thing that a wise people could hold essential to renown or prosperity. However defective the constitution of Ireland might be in some respects, yet the power of taxing themselves was sufficiently perfect for a groundwork of conciliation with America, if immediately proffered. Mr. Burke took a review of the measures pursued by administration since the commencement of the session. He called upon lord North to tell a single act that had been done within that period. His lordship, it was true, might say, that he had voted ten millions out of the pockets of the people. He might boast that he had taken 20,000 Germans into pay, and turned our British transport vessels into German hospitals. He might desire the representatives of the nation to tell their constituents, that in return for such lavish grants, new taxes had been laid on them, and a 4s. land-tax rendered perpetual. He might inform them that America had 100,000 men in arms; that every governor from Halifax to Florida was driven to seek protection on board his Majesty's ships of war; and to conclude the narrative, he might instruct the representatives of the people to carry a sufficient number of Gazettes down to the country, and when questioned about the state of affairs in America, desire them to peruse those oracles of truth, and launch forth in the highest encomiums on the military conduct of general Howe, and the bravery of the troops under his command. He next reprehended the minister on his conduct respecting the Nova Scotia duties; and said, that favourite measure from which such salutary consequences were expected, was suffered to come to nothing, though he pledged himself to the House, that he would bring in a Bill framed on the resolutions of the committee appointed to take into consideration the petition from the speaker and house of assembly of that province. He next turned to the commission granted to lord Howe and his brother, for restoring peace and granting pardons to the people of America, and said, that those gentlemen, however high they stood in respect to their respective professions, were by no means calculated for carrying into execution the professed objects of that commission; but allowing that they were ever so able, he contended, that the King could not grant them a single power which would enable them to treat with the provincials. The idea was as absurd as it was delusive. The question was taxation. Could they give it up? The King himself had no such power, he could not therefore delegate it. He might grant pardons, so might the admiral and general, and that was all. And he doubted not, but they would grant pardons as soon as they were asked; but who were to sue for them was more than he could venture to foretel. Mr. Hartley. The motion which has been made to you to-day, comes with the best recommendation that any proposition can come with to this House. I mean the recommendation of that great and most respectable body the city of London. The worthy magistrate who has made it, has supported it so ably, that there is very little occasion to detain you long upon the subject. The friends to peace and to America have been incessant in their endeavours to suggest every possible chance of accommodation. But administration continues deaf to every entreaty. We must, I fear, content ourselves, without prospect of success, only to lay in our continual protests against the present vindictive measures. My hon. friend near me (Mr. Burke) has in this session offered to you a proposition, similar to the present, under another shape, viz. that of his Conciliatory Bill, which you have rejected. I myself did trouble the House likewise, with some propositions suited to the very terms declared by administration at the opening of the session; viz. that the colonies should be replaced to their situation in 1763, if the honour of government could be sheltered in the retreat. For the sake of peace, therefore, I did propose a test of compromise, by an acceptance on the part of the colonists, of an act of parliament, which should lay the foundation for the extirpation of the horrid custom of slavery in the new world. No one can think it less expedient than I do, for a British legislature, at the distance of 3,000 miles, to interfere in the internal police of America, in which we must at the best be ignorant, and of which our only information must come through partial hands. My motion therefore was, not with any view to be drawn into example, but simply as an Act of compromise and reconciliation; and as far as it was a legislative Act, it was still to have been applied in correcting the laws of slavery in America, which I considered as repugnant to the laws of the realm of England, and to the fundamentals of our constitution. Such a compromise would at the same time have saved the national honour. I likewise took the liberty a second time in this session, to suggest to the House the proposition of putting the colonies upon the footing of Ireland, with regard to the right of giving and granting their own money, and to give them security that their charters should be maintained inviolable. The proposition of putting them upon the footing of Ireland, as expressed in the motion of this day, has only respect to that one article of being masters of their own grants of money, in answer to a kind of objection which has been started, that if we had not a right of taxing them, such an exemption would constitute an imperium in imperio. The case of Ireland is therefore adduced as an argument and example in point. Unhappily for us, Sir, all these propositions have been rejected, upon the principle of requiring unconditional submission, previous to any treaty or proposition for reconciliation.-If ministry refuse their assent to the proposition, which they are now called upon to accept as conformable to the spirit and substance of lord Hillsborough's letter; it will be a formal declaration to America, that they must never trust to ministerial promises, but look to themselves for safety. The House divided: Yeas 33; Noes 115. and this to the assembly of Virginia; and the same language held also to all the other assemblies in America. I know it has been said that those who spoke and faction consisting of such persons as were disaffected to government; but I have sufficient reason to convince me that they gave the sentiments of the people of America in general. I remember particularly to have seen about that time a manuscript written by the late governor of Massachusetts Bay, governor Hutchinson I mean, who, I believe, will not be suspected of being unfriendly to government; containing very sensible and unanswerable arguments again passing the Stamp-Act, and which shewed, to his honour, that he was a friend to his country as well as to government. In the earl of Hillsborough's letter, if I understand the English language; if I understand common sense; there is the strongest renunciation of the right of taxation. But America was deceived; and how all these troubles arose afterwards the present ministers can tell you. The application of this transaction is, that they will not be duped by administration again; that no other terms than those proposed and specified by parliament, will be considered as the grounds of peace by America. Debate in the Commons on General Conway's Motion for the Instructions given to Lord and General Howe, respecting the King's American Subjects now in Arms.] May 22. General Conway. I am to apo-wrote against taxation in America, were a logize to the House for the introduction of a motion at this late period of the session; but the alarming and dreadful situation of this country compels me to trouble you. The House knows I am not professedly a motion maker, but content myself with that line of humble duty in which my abilities, situation, and temper, necessarily limit my conduct. What shall I say, Sir, there is but one moment between this great country and destruction! I wish to seize it; the urgencies of this crisis will be my apology to the House. I am no partizan, nor indiscriminate opposer of government, except in this point. The Gazette informs me, that commissioners (lord Howe and his brother) are to be delegated with powers to treat with America for peace. I am not to learn that with enemies in general, the King is the sole arbiter of peace and war; but with our fellow subjects, where privileges are to be granted or concessions made, I doubt whether it can be done without the previous consent of parliament. It may be objected that the King may treat and you afterwards ratify what is done: but are you certain that America will trust you? Why not adopt the surer road? Specify the terms upon which you will treat: if they are fair and constitutional, and the Americans refuse to accommodate differences, you will thereby dissolve every legal combination by putting yourselves in the right. Besides, methinks there is somewhat due to this House, some information, some attention usual in those cases. Will you give up taxation entirely? One noble lord in the cabinet says, yes; another no. Is this House agreed upon it? If you are, specify it fairly and openly; if not, in God's name, how can lord Howe treat upon that essential point, where from the disunion of ministers and difference of opinion in this House nothing certain can be offered. Why, Sir, was not the earl of Hillsborough's Letter a solemn renunciation of the right of taxation? Was not his Majesty's name pledged for the performance? Yes. Was it ratified on their part? Did not all the governors of America, did not lord Bottetourt say that the ministers were not immortal, but that to his dying day he should consider Great Britain as pledged to relinquish it, I have the best authority for what I say, "Nothing but terms held out by parliament will do." The noble lord (North) held in this House the same language last February upon his conciliatory proposition: but if you are still agreed that nothing but unconditional submission will do, I have no more to say ;-throw away the scabbard!-but I hope it is not so ;the wisest of men, the wisest of nations have treated, have receded, granted the concessions asked by rebellious subjects. What did the Romans do in the Social War? What did Philip of Spain? Was he not obliged at last to accede to their terms? What did Louis 14 offer marshal Turenne when in actual rebellion? What instances in your own civil wars? What does Whitelocke tell you of the propositions made by the king? Don't tell me of the late Scotch rebellion. Is there no difference? Could you treat with them? Could you divide the crown or give it up? Could you have had two kings of Brentford upon the throne? The comparison is ridiculous, and unworthy of a serious refutation. But are not these rebels of a different kind? Who is there among you, He Lord North did not object to the mo tion on account of the late period of the session. His objection was direct. would oppose the communication of any instructions previous to their execution, unless there was something special in the case. He never was of opinion that no rebels were to be treated with; his opinion always was, that if Great Britain was likely to draw any benefits from any treaty, he could see no objection or difference whether it was with a foreign enemy or with rebels, with armed rebels or with those who had laid down their arms. Those who think we bad better give up our rights; because some rival state may interpose against our maintaining them, think meaner of our own strength and power than I feel it to be; and more unjustly of such foreign states than we have any reason to do. Taking the proposition in general, we ought always to be upon our guard against our rivals, and so far to fear them; but in this case there is no fear. Although he cannot think, and wonders how any person who has ever been entrusted to act with the powers of government can think, that the modes by which any commissioner may be instructed to carry any powers into execution, that the secret situation of persons and things, that the springs and motives should be made public; yet he has no objection to the laying the powers themselves before parliament and the public. The act of parliament doth in general prescribe what they must be, and the commission gives such only as that act authorizes. that would not combat any power upon | peace. He owned he doubted that this earth, invading in the same manner your could not be done without the interposiprivileges and rights?-men defending tion of parliament; and therefore must be against the arm of power, what God and of opinion that the instructions ought to nature have given them, and no human be communicated. power can justly wrest from them; the glorious privileges of the Revolution; those Whig principles which would in other days have excited this country to universal opposition. There is some difference, I hope, to be made; some allowance for men engaged in such a cause. The language of administration, of unconditional submission, driven out as you are from every port in America, does not become you; it is the language of vengeance and not of sense; of violence, not of reason; of passion, and not of common sense. The idea of foreign danger may be thought visionary; but are not France and Spain arming? Could they find a better opportunity? Would it be their interest that you should conquer America? How would such a force as you must have affect their fears? Is not the French ministry changed? Is not the queen thought to have great influence in that court, and in the new arrangement? Who is her great friend? M. Choiseul. Who is the avowed enemy of this country? M. Choiseul. Who is the lover of war? M. Choiseul. The assurances of the pacific intentions of those powers, are told to you;-who made them? the last or the present administration? What reliance can you have upon them? Why, Sir, I know a brave man, and as good an officer as any in France; he held the same language to me: and yet this very gentleman, M. D'Ennery, is now sent out with an additional force to the French West-India-islands. I move, "That_an humble Address be presented to his Majesty, praying that his Majesty would be graciously pleased to communicate to this House so much of the Instructions given to the lord viscount Howe and general Howe, his Majesty's commissioners, as relates to the Conditions on which it is proposed to make peace with, or receive the Submissions of, his Majesty's American subjects now in arms." Lord John Cavendish spoke in high commendation of lord and general Howe, as officers, but said they have now got a character which they are intire strangers to, the filling of which, even if the nature of the business would permit, he much doubted whether they were equal to; however, he would never find fault with any means that would settle the realm in Mr. Burke. The noble lord has not only refused to give the instructions, but also to give any reason why he will not. The noble lord made, indeed, an exception in his refusal, and did allow there might be a special case in which such previous communication might be requisite: but if the special case, as stated by the hon. mover, is not that special case, his lordship's candour might have spared itself the trouble of that exception, for there never can be any special case wherein such communication can be proper. I do justice, however, to the principles of the noble lord. In spite of all violence which he is drawn to do to them, he has again relapsed into his natural bias towards justice and humanity. not go on any farther with such ministers, unless they abided by the plan which these ministers first held out to them, and on which the country gentlemen joined them. Lord North said, taxation was not to be given up: it was to be enforced: but whether at present, or hereafter, was a point of policy which the commissioners would learn, by sounding the people upon the spot. He is willing to give up taxation: he has no objection to treating, or at least to conferring with rebels; with rebels without exception, whether with arms in their hands, or after they laid down their arms. Although he will not tell this House what the terms to be offered or accepted are, yet to talk of conferring without some instructions on what terms the persons conferring are to meet, is downright nonsense. Some conditions are therefore in embryo, at least: but then how is this to be reconciled to the doctrine of another noble lord, who, it is said, has the lead in these American measures? He can admit no preliminary but unconditional submission. Between the jarring opinions of ministers themselves, the object of the war, or the ends of peace, have never yet been clearly fixed. In the very session in which unconditional submission seemed to predominate and become the fixed object of the war; in the very session, in which, after many puzzling and perplexed clashings, a revenue seemed to be the end aimed at; in that very session, this ministry have sent out commissioners to give up taxation and all expectation of a revenue, and to make peace without any notion of conditions. So far from expecting that the rebels should lay down their arms, they are to treat; I will not use the word confer' (I detest all quibbles unworthy the lowest petty-fogging attorney) they are to treat with rebels, whether they lay down their arms, or meet them in arms and array of arms. He then, with much wit, described these double commissioners warring and treating, offering pardons both general and special when they were beat, and plundering and carrying fire and devastation into those quarters where they were to give peace. Mr. Vyner declared, that the landed gentlemen.came into these measures, in support of the sovereignty of the realm, and in expectation of a revenue from America, in aid of the common burthen. The refusal of which, was the first step to revolt in the Americans: and the establishing of which, was the determined object of the war. That in these expectations, they had cheerfully come into the granting every supply which had been de. manded; but he now found they had been amused; that they had been led into a fine scrape; for all these were now to be given up without consulting parliament. That it was now time to be explicit; it was now time to declare, that they could EVOL. XVIII.] Mr. Fox. According to the noble lord's explanation, lord Howe and his brother are to be sent out as spies, not as commis sioners. On the point of taxation, the ingenuity of the noble lord has now reconciled what gentlemen might think absolute contradiction. Parliament, on one hand, pledged by lord Hillsborough, and the royal word on the other were pledged by lord Botetort from the seat of government, that no future tax shall be levied; and this promise is to be kept sacred. Yet, the country gentlemen are promised a revenue. The tea-duty, the only tax you have, makes no revenue. Yet a revenue must be had from America; and if the Americans will not of themselves give a revenue, we must tax them, says that sweet essence of wisdom the conciliatory motion. Lord Hillsborough's letter and lord Botetort's speech, have promised, even by a sacred word, that we never shall lay any future taxes. But a revenue must be had, and we must tax. The object therefore of the war is the tea-tax, which neither does or ever will raise any revenue. But it is a tax, and therefore according to the noble lord's logic, we tax them. But it is no new tax, and therefore we keep our word. There cannot be a tax without a revenue, and therefore the country gentlemen must be satisfied, for if it does not raise so much as they expect, that is not the noble lord's fault. And upon this curious bead-roll of syllogisms, we are to prosecute a ruinous war or to make a shameful peace. He then ridiculed the inconsistency of the two plans of war and treaty; and the difference of rebellions. After some further debate, in which Mr. Adam, Mr. T. Townshend, lord G. Germaine, colonel Barré, and governor Johnstone bore a part, the House divided: For the motion 85; Against it 171. Mr. Hartley's Motion for an Address to the King not to prorogue the Parliament.] May 23. Mr. Hartley moved an Address to his Majesty. He said that he wished [48] |