charge, when applied to him, was as unjust as it was maliciously and indecently urged. The Earl of Shelburne returned the charge of falsehood to lord Mansfield in direct terms; he appealed to the House, whether the words he had used, were not, "that if among the Bills of the last ses sion, there were some disavowed by the law officers of the crown, it was natural for the public to look at a law lord, notoriously high in favour in the cabinet, to whose sentiments the principles of those Bills appeared to be particularly adapted, and with whose doctrines they entirely agreed;" which he called on his lordship to contradict, if he dared. The Duke of Richmond animadverted, in very severe terms, on an expression which fell in the heat of debate from a noble lord (Lyttelton). He said no man could impute littleness, lowness, or cunning, to any member of that assembly (alluding to what his lordship had pointed at lord Camden) for delivering his sentiments freely, unless he drew the picture from something he felt within himself, as, by illiberally charging others with low and sinister designs, the charge could only be properly applied to the person from whom it originated. His grace entered into a full consideration of the true purport of what had fallen from a noble lord in office (lord Rochford) relative to the present language and disposition of the French court. He said, the assurances now quoted, with so much official parade, and so seasonably brought under consideration, without any design, were, or were not, to be relied on: that they were not to be entirely relied on, the noble lord partly confessed, by insisting, that we were prepared for the worst: he should be therefore glad to know what those preparations consisted in; what proportion they bore to the strength of those, who in the contest might possibly become our adversaries and above all, he should be obliged to the noble lord, who presided at the head of the naval department, to lay before the House an authentic, precise state of what our naval force consisted in; because he had observed, that on a former important occasion, we received the most full and solemn assurances, that our navy was on a very respectable footing at the time of the dispute about Falkland's Island; yet it was afterwards discovered, that we had not a single ship of war fit to proceed to sea. His grace then proceeded to discuss the question at large, relative to our present unhappy disputes with America, and by the several important lights he let in on the subject, and the va riety of interesting facts he adverted to and elucidated, he shewed himself to be very fully and thoroughly informed of the conduct of the contending parties; of the provocations given on one side, and the effects they produced on the other; and, above all, the total ignorance of adminis tration, relative to the temper and disposi tion of the colonies. The Earl of Sandwich, to answer his grace, apologized for rising at that late hour of the night. He said, he had employed himself in taking notes the whole evening; and intended, before he went away, to have eased himself of the burthen (an expression of lord Shelburne's); but as the matter had been already so fully discussed, he should not, at so unseasonable an hour, trespass on their lordships' patience, but solely confine his reply to the information desired by the noble duke, relative to the department over which he had the honour to preside. He said, when he came to the Admiralty board, the navy was in the most ruinous condition; so much, that within the last four years there were no less than forty line of battle ships broke up, and even six in the course of the last year; that there was not six months timber of any kind in the yards, and in some, he believed, not 50l. worth; and that he did not impute the least blame to the great and gallant officer, the first in the world in his profession (sir Edward Hawke) whom he had succeeded, and who had retired purely on account of his age and infirmities. His lordship next contrasted the present state of the navy. He said, we had now nearly fourscore ships of the line, and several more building in the King's and merchants' yards, with a proportionable number of inferior rates, all either stout, clean ships, or vessels newly built; that we had three years seasoned timber in the yards; that all that were not on actual service, or turned in guardships, dock, where they could not meet with any injury; that the guardships which formerly were useless, in cases of emergency, not being fit for the sea, nor having rigging, or more than a third of their complement of men, were now ready for any service, at a few days notice, which he instanced in the year 1773, at the time we meant to send a fleet to the Mediter ranean, when ten men of war of the line actually sailed from Plymouth within three days after they received their orders. He next informed the House, that there were twenty guardships, three of which of the line of battle were on the American station; that we had squadrons besides in the East and West Indies, the Leeward Islands, and Mediterranean; that after sufficiently providing for those respective services, the naval force for home protection would consist of 17 men of war of the line, besides frigates, 7,200 seamen, and 800 marines; that after the peace of Aix la Chapelle in 1748, our whole naval esta blishment did not exceed that now reserved for the channel alone, 8,000 seamen, including marines, being only voted; and that he would pledge himself to answer all the demands, and co-operate with the intentions of administration, with only an augmentation of 2,000 men. He added further on the same head, that we had a fleet superior to any that the combined force of France and Spain could fit out; that our ships were all clean, well provided, rigged, and ready to proceed to sea on a few days notice; and that we had a supply of seasoned timber in our yards equal to three years consumption. That this was a force fully sufficient to defend us against any sudden attack of the combined fleets of France and Spain, though he was well assured they had no such intention; but if they had, we were prepared for them; and that he would now pledge himself to the House and the public, that with an augmentation of 2,000 seamen more, he would supply government with such a naval force as would at once protect us at home, and be sufficient to enforce its measures respecting America. He begged, however, that the House would not understand that he arrogated any peculiar merit to himself relative to the present state of the navy, compared to what it was when he was called to the head of the Admiralty, for very little of it fell to his share. He had only performed his official duty; it was to lord North, who had been the means of so amply providing for it in the House; and to his lordship, therefore, almost the sole merit was due, that our navy was now put on so respectable a footing. The Duke of Richmond controverted several of the positions laid down by the noble earl, both respecting the disposition of the French and Spaniards, and the force sufficient to resist them, should they make any attempt on these kingdoms, or give an occasion for a rupture by their conduct in the American seas. He again commented very ably on the answer given by the French minister. What does this answer import, says his grace, supposing it to be literally kept on their part? That if you detect any of their ships trading with our American subjects, we shall be at liberty to seize them, and confiscate their cargoes. Does the noble earl pretend to interpret this explanation generally so as to authorize our taking their vessels at sea? If he does not, what can such a vague deluding promise avail? If he does, then I will venture to assure his lordship, that he is miserably deceived; and that the first attempt to prevent French or Spanish ships from navigating the American seas, for pretences will never be wanting on such occasions, will furnish them with an opportunity of asserting their maritime freedom, of making reprisals, and of justifying their conduct to the other great states of Europe, who are known to be long jealous of what they are pleased to call our despotic claim to the sovereignty of the ocean. The noble earl gives us a melancholy account of the deplorable, ruinous state of our navy, at the time he came to preside over our naval concerns. He says our ships were rotten, and our guardships useless. I would be glad to know from his lordship, what have been the means employed to work this miraculous change. He speaks of so many ships of the line proceeding to sea in three days; and of captain Barrington's great merit in that business. No lord in this House has a higher opinion of that gentleman's merit as an officer, than I have. I remember well the time the royal naval review was at Portsmouth, that able officer had his ship some hours ready to proceed to sea, before the division under the command of a noble lord in this House (lord Edgcumbe). The noble earl dwelt greatly on the manner our guardships are manned and provided; yet I well recollect, that in the royal presence, when we may presume every nerve would have been strained, the Plymouth division took above three hours in weighing. The apology then made was, that the ships had not more than half their complement of men; and I can affirm that capt. Barrington's ship was the only one which seemed to answer the anxious expectations of the spectator. The Earl of Sandwich replied humorously, in the words of the old ballad of that opulence and security have begot a desire of independence in our colonies; that a spirit of discontent and disaffection is gone forth, which has been unhappily increased by the arts and encouragement of some men here at home, under the influence of like passions, till America is become impatient of all legal restraint, and determined to break through every tie which has hitherto connected her with the mother country. Chevy Chase, written, as he said, in the time of Henry 4. "I trust we have many as good as he." He insisted, without any disparagement to the honourable captain, there were several as able officers in the navy as he; that wind and tide, and a variety of circumstances attendant on them, were not to be commanded. He assured the noble duke, let the consequences be what they might, they would not wait for the French ships being in port, or even in with the land; but would seize them with- I rise, not to trouble your lordships as out ceremony in the first instance; and an advocate for either extreme of opinion, trust to the event, be it what it might; but profess that, above all things, 1 wish administration being determined to abide, for reconciliation upon the very easiest if necessary, to enforce the true terms of terms that, consistently with the just authe explanation, in the sense only it was thority and pre-eminence of this country, desired and given. As to the other part can be admitted as a ground of re-union. relative to the state of the navy, and his Yet sensible as I am that it is my duty, reasons for pronouncing with so much nor is it less my inclination, to promote confidence concerning it, he told the noble peace, yet cannot I, for fear that our comduke, that the case was now entirely dif-mercial concerns should suffer a temporary ferent from what it was in 1770; for that towards the conclusion of the late war, when the public exigencies called for a powerful fleet, they were obliged to make use of green timber, of any kind of timber, in the construction of our ships of war; that those ships rotted at the end of five or six years; whereas these built lately would stand thirty, as they were built of seasoned timber, of which we had a large three years stock; and that besides we made use of another precaution, which was still seasoning the timber while the ship was building, by giving orders that no man of war should be hastily built, or launched in less than three years after she was put upon the stocks. The Bishop of Peterborough (Dr. John Hinchcliffe). Throughout the whole of this day's debate, and indeed on every question relative to America, it has been to me of very serious concern, to see so much of your lordships' time taken up in mutual charges and recriminations. It is but too evident, that a complicated variety of very untoward circumstances have combined to bring Great Britain and her colonies into so great difficulty and embarrassment, that to extricate them requires all your lordships' temper as well as wisdom. Yet while we have heard, on the one hand, lords, eminent for their abilities and experience, assert, that the constitution is vio. lated, and the sacred rights of our fellow subjects encroached upon by principles of arbitrary power, till resistance itself is thought justifiable; we are assured, on the other, by authority no less respectable, interruption, wish to see the honour and lasting prosperity of this country sacrificed to its temporary interests. For, waving all discussion of that great constitutional question, whether or not the legislative supremacy implies or not the right and power of taxation, there is to my understanding a very evident distinction between an internal general tax, and a port duty, upon any article of trade, which the subject is at liberty to purchase or not, as he thinks proper. I am aware, that the advocates for the total independence of America have endeavoured to prove, that a duty so raised is illegal and oppressive as any other tax whatever; but to have made it so, parlia ment must have done by the tea in America, what is done in France by the salt, have obliged every family to have bought, not as much as they were willing, but as much as it was thought they were able to consume. That there is a power in this country to regulate the trade throughout all the ports of the whole British empire, is what, I believe, hardly one of your lordships will contest. It would be of use, therefore, in shortening this debate, to recollect, that it was for the tumultuous resistance to this acknowledged right of the legislature, that the port of Boston was shut up. I am free to own, that there may be an oppressive exercise of even an acknowledged right; but it will be a difficult matter to bring the duty upon tea under that description. The noble lord (Camden) before me acknow. ledges, that he made no objection to it at the times it was laid, though he was then | material, in that very charter, was made in the highest department of the law, with by king William immediately after the so much credit to himself and satisfaction Revolution. Shall it then be said, in this to the public; he will allow, therefore, House, that it is an abuse of power for the that there was no appearance of illegality present King, sitting in his parliament, to in its origin; it was also moderate in its do an act similar to what king William, exercise; it affected not a necessary of life, that great restorer of British freedom, did and left the American consumer of a fo- by the advice of his council only; though reign luxury in a much better situation that council was composed of men that than any subject in Great Britain. But loved liberty as well, and hazarded as admitting that the people of Boston, either much in the preservation of it, as any set from their own notions of the matter, or of patriots before or since. from prejudices instilled into them, thought the duty upon tea an oppression, it surely was incumbent on them to have presented a memorial or petition to parliament; not to have invaded private property with violence, nor to have treated the sovereign legislature of Great Britain with insolence and contempt. Reparation ought long ago to have been made for these offences; and it is in order to obtain it that I understand administration think themselves under a necessity of adopting coercive measures, as the only means to bring about a lasting union. As a learned lord, (Camden) in the course of this debate, has taken occasion to censure the two Acts which passed in the last session, after the Boston Port Bill; I will beg your lordships' indulgence while I say a few words to each of them. First, as to the Bill for the impartial administration of justice in Massachuset's Bay: was I to take my idea of this Bill from what has fallen from the learned lord," that by coupling it with the statute of Henry the eighth, it gave a full power to bring the Americans over here to butcher them in the King's-bench," I should conclude that it was a Bill empowering administration to tear any obnoxious person from his wife and family, and carry him to a foreign judicature to answer for crimes said to be committed in his own country; whereas, in truth, it is a Bill of mercy, as well as of justice, giving security to persons acting under legal powers, that they shall not, in the discharge of their duty, be subject to the resentment of a factious and deluded populace, who neither acknowledge the laws, nor the authority of the magistrate; besides the Bill is temporary, and respects only the present tumultuous state of the province. As to the other Bill for altering the charter of Massachuset's Bay, which the same learned lord represents as an exorbitant abuse of parliamentary power, I will only say, that an alteration, full as [VOL. XVIII.] As to the papers upon your lordships' table, it appears from them to be the general opinion of all those who, either from their office, or their situation, are capable of judging what will be the probable effect of it, that a steady perseverance to support the rights of the legislature will, in the end, bring the Americans to a just sense of their duty and their interest. It will then be time for tenderness and forgiveness. May I not add, it will then be time for indulgence even to popular prejudices, and that idea they are so fond of, the right of taxing themselves. But was Great Britain tamely to submit to the indignities that have been put upon her, her condescension would defeat its very purpose, and be treated as a meanness and timidity. It might, indeed, procure peace; but it would be only drawing ashes over the embers, that would still be burning underneath, or, like the act of an unskilful surgeon, who heals the wound outwardly, while it is still left festering within. I shall, therefore, give my vote for this Address; not because I love coercive measures, though to a certain degree, they may become necessary. I approve of it rather, because it takes the middle way so much recommended by the noble and learned lord; for the steadiness is the means, yet reconciliation is avowedly the end proposed. Reconciliation is what I shall never lose sight of; and I am persuaded that, could your lordships be induced to join unanimously in this Address, it would speedily bring about what all your lordships are desirous of, the peace, harmony, and lasting prosperity of the British empire. The Duke of Richmond observed, that he thought it was extremely improper for the right reverend bench to take any part on the present occasion, or to be at all accessary to the shedding of the blood of their fellow-creatures and fellow-subjects. It would be much fitter, if they interfered at all, to act as mediators, than as perse[U] cutors; more consistent with the principles | ally acquainted with the great law authothey professed to teach; but much more rity now quoted, who assured him, he was particularly suited to the sacred functions present in court at the trial of the offenders they were called to discharge. He said, in queen Anne's time, who pulled down that by the specimen now given, he should the Meeting-Houses, and that Holt, chief not be surprised to see the lawn sleeves justice, and the rest of the court agreed, upon those benches stained with the blood that evidence of an overt act of one species of their innocent and oppressed country- of treason was sufficient proof of an overt men on the other side the Atlantic. act of another species of treason. The Duke of Manchester animadverted with great energy on the very indecent and unprecedented attack made by a noble lord early in the debate (lord Lyttelton) on all those who happened to differ with him. He said it was a pretty method of convincing an adversary, to tell him that his opposition to measures was founded in the worst motives; and that all who entertained contrary sentiments to his own, were weak and wicked counsellors. Such language had been always discountenanced, and he hoped would always meet with the strongest marks of discouragement and disapprobation in that House, as it would otherwise banish all sober deliberation and free discussion from within those walls; and introduce in their stead the most improper personalities and disgraceful altercations. Lord Lyttelton endeavoured to exculpate himself from the charges of the two noble dukes. He said, any thing severe he might have dropped respecting a noble and learned lord on the other side, was only upon certain suppositions. He had not, however, changed his opinion relative to the true interpretation of treason; nor could he bring himself to subscribe to his lordship's definition of it; as the more he thought on the subject, or heard it argued, the fuller he was satisfied that America was in rebellion. He said, he had a very high authority to support him (lord chief justice Foster) and a real friend to liberty, who enumerates several species of treason, besides those expressly defined by the statute of the 25th of Edward 3, and lays it down as law, though a consultation to levy war, in which the person of the king is not meant to be injured, may appear not to be treason within the statute of Edward 3, yet that an overt act of one species of treason may be good evidence to prove an intention to commit the other. Lord Mansfield assured the House, that he had not given the least intimation to the noble lord of what he now urged; but that it was nevertheless the general doctrine laid down by those who had written on the subject. He was person Lord Camden still retained his former sentiments; he entered into a warm eulogium on the learned judge alluded to: insisted the doctrine now imputed to him was not his; offered to meet the noble and learned lord on the other side on that ground; and remarked, that the intended object of the language held this day, was to bring the unhappy Americans to England to be tried, under the Act of Henry 8, and have them butchered in the King's-bench. Early in the debate, lord Mansfield having said, that the ministers of the Church of England were persecuted by the fanatics of Boston, and other parts of New England, lord Camden reprehended him very severely, for using such in flammatory language. The Earl of Dartmouth closed the debate. He said, that he approved of the measure; that America would be tenderly and gently treated, if they would return to their obedience; that he was directed by his own judgment, not by lord Mansfield's; and that he believed lord Mans field was totally unconnected with the present administration. The above debate lasted till forty mi nutes past one o'clock in the morning; when the previous question was put, whether the main question shall be now put? Contents 90, Proxies 14-104; Not Contents 29. It was resolved in the affirmative. Protest against the Refusal to receive the Petitions of the North American Merchants.] The following Protest was thereupon entered: "Dissentient' "1st, The previous question was moved, not to prevent the proceeding in the Address communicated at the conference with the Commons, but in order to present the Petition of the North American merchants, and of the West India merchants and planters, which petitions the House might reject if frivolous, or postpone if not urgent, as it might seem fit to their wisdom; but to hurry on the busi ness to which these petitions so materially and directly related, the express prayer of |