Majesty's crown, and the interests of your people are so essentially concerned; and we hope, and trust, that we shall, by the blessing of God, put such strength and force into your Majesty's hands, as may soon defeat and suppress this rebellion, and enable your Majesty to accomplish your gracious wish, of re-establishing order, tranquillity, and happiness, through all the parts of your united empire."

sion shall require it, to avail yourself of the friendly offers, which your Majesty has received, of foreign assistance: we thankfully acknowledge the gracious considerations which induced your Majesty to send a part of your electoral troops to the garrisons of Gibraltar and Port Mahon, in order that a larger number of the established forces of this kingdom might be applied to the maintenance of its authority: and we are bound in duty to return your Majesty our particular thanks, for pointing out to us, from the throne, the constitutional resource of our well-modelled and well-regulated national militia; which, upon every great emergency, cannot fail of affording security to your Majesty's realm, and of giving, at the same time, extent and activity to your military operations.

"It is with the highest satisfaction and gratitude, we hear the affectionate declaration of the father of his people, that, when the unhappy and deluded multitude, against whom this force will be directed, shall become sensible of their error, your Majesty will be ready to receive the misled with tenderness and mercy; and your Majesty's gracious communication, of your intention to give authority to certain persons on the spot, to grant general and particular pardons and indemnities, in such manner, and to such persons, as they shall think fit, and to receive the submission of any province or colony which may be disposed to return to its allegiance, demands our warmest acknowledgments; and we shall be ready to give our concurrence to such measures as may best contribute to carry your Majesty's wise and humane intentions into execution.

"Every motive, and every interest, that can animate the hearts of loyal subjects, call upon your faithful Commons to grant to your Majesty such supplies as the circumstances and exigency of affairs may require; and, being fully convinced that the security of every benefit and advantage derived to the commerce, the manufactures, and the navigation, of your Majesty's kingdoms, from the American colonies, must ever depend on their being held in that due subordination to the legislature of Great Britain in which the constitution has placed them, we should be wanting in the duty which we owe to our constituents, ourselves, and our posterity, if we did not engage, with our lives and fortunes, to support this great and important cause, in which the rights of your

"I return you my hearty thanks for this loyal and dutiful Address: I promise myself the most happy consequences from the very zealous and affectionate assurances of the support of my faithful Commons at this great and important conjunc ture; and I have a firm confidence, that, by the blessing of God on the justice of the cause, and by the assistance of my parliament, I shall be enabled to suppress this dangerous rebellion, and to attain the most desirable end of restoring my subjects in America to that free and happy condition, and to that peace and prosperity, which they enjoyed, in their consti tutional dependance on Great Britain, before the present unhappy disorders."

Debate in the Lords on employing Foreign Troops without the Consent of Parliament.] Nov. 1. The Duke of Manchester rose and said:

My lords; I beg leave to call your attention to a subject of as great importance to the liberty of this country, as America was to its wealth and power, before the violence of the times had wrested that treasure from the British crown, and spurned the jewel, because the setting appeared uncouth. I do not mean, my lords, to dwell long on the unfortunate story; the page of future history will tell how Britain planted, nourished, and for two centuries preserved a second British empire; how, strengthened by her sons, she rose to such a pitch of power, that this little island proved too mighty for the greatest efforts of the greatest nations. Within the space of 20 years, the world beheld her arms triumphant in every quarter of the globe, her fleets displayed victorious banners, her sails were spread, and conquest graced the canvas. Historic truth must likewise relate, within the same little space of time, how Britain fell to half her greatness; how strangely lost,

by misjudging ministers, by rash-advised councils, our gracious sovereign, George 3, saw more than half his empire crumble beneath his sceptre: America, late the strength, now the foe to Britain, dismembered, torn, I fear for ever lost, to England, whence she sprung. With this calamity heavy on us, our duty, interest, and love to that country which still remains calls on us to be strictly watchful of its liberty. The late Speech from the throne has given a just alarm, has made a wound upon the constitution, which if not quickly healed, may spread a dangerous venom. The sentiments it breathes, are full of higher claims of prerogative, than any speech that I can remember since the Re volution. It appears to contain slights of this council, neglect of parliament, indifference of their approbation. The part I wish to call your lordship's attention to, is that wherein his Majesty informs the House," he has taken possession of the garrisons of Gibraltar and Port Mahon with his Hanoverian forces." Far be it from me to impute the sentiments of this speech to the respectable mouth that was made to utter it. I am confident his Majesty has too high notions of what is right, too great a love for justice, to wish to invade knowingly the real privileges of this nation. I may go further, my lords, and even acquit the ministers of any wicked, premeditated design to infringe the subjects' liberty. I do not think such evil of them; but I cannot so easily acquit them of ignorance of our laws, or indifference or inattention to them. My lords, I take it to be an undoubted truth, an axiom in this government, that the king can maintain no standing forces, other than what are approved by parliament. But that I may not appear to build on my own reason only, give me leave to quote some acts of parliament in support of what I have advanced. I must begin by that great declaration of our liberties, the Bill of Rights. This Act, my lords, contains the claim of various indubitable rights from ancient usage, nor asks as favours any part. It is a capitulation with our kings. The Act declares the raising and keeping a standing army within the kingdom, without consent of parliament, is against law. The next I shall quote is the Mutiny Bill, which sets out in the preamble, in the words of the Bill of Rights, but proceeds, "that it is necessary for the safety of the kingdom, the defence of the possessions of the crown,

and the preservation of the balance of Europe, that a certain number of forces should be kept up." It then limits what the number should be. I am well aware, it may be said, the garrisons of Gibraltar and Port Mahon are not in that number; whence or for what reason that irregula, rity arose, I am ignorant; but thus far it is cured, that they are annually provided for as to pay and maintenance by parlia ment, and therefore must be supposed approved. My lords, in the course of the late war, it was thought necessary to raise a regiment of Americans, of 4,000 men, in which some foreign officers were to serve; but it was not by the King's prerogative, but by act of parliament. At that time that great man, lord Chatham, was minister. In this Act, though passed amidst all the turbulency of a war, fle grante bello, the greatest precautions were taken to guard the people's rights; the number of foreign officers were limited to fifty, the soldiers were to be naturalized subjects, Protestants, to take the oath 1 Geo. 1, and the colonel was to be a natural born subject.

I will now bring your lordship down to an Act of later date; of so fresh a time, that there are few in this House who were not in that parliament that passed it: I mean the 8 Geo. 3, to increase the Irish army. This Act recites, in the preamble, the Act of 10 William, for disbanding the Irish forces, and then provides, that as it may be necessary to keep up, for the defence of Ireland, 12,000 men, in order to give some assistance to the foreign garri sons, the army should be increased to 15,235, all natural born subjects. We see here the King calling for assistance of the British parliament, in order to increase the army in Ireland. He does not, even at the head of the parliament of that kingdom, think his authority sufficient, without sanction of the parliament of Great Britain, to make the least addition to his forces. I must likewise take notice, my lords, that it will be matter of much doubt, whether Hanoverian forces, employed at Gibraltar or Minorca, will be under any law of war. The Mutiny Act extends but to troops therein specified, or voted by parliament. What law will they then be under? They cannot carry Hanoverian laws with them. The laws of England alone can govern; as British subjects, they will be under the protection of British laws. My lords, the King's prerogative I conceive to be no greater in one part of

his dominions than another; the subject is equally protected by the laws, whether shivering in the highlands of the north, or scorching upon Gibraltar's rock. The late determined case of Fabrigas and Mostyn, has cleared the subjects' rights. From every instance I have had the honour of submitting to you, and from the constant practice, I must infer, that the King has no right to maintain, in any part of the dominions of the British crown, any troops, other than are consented to by parliament, both as to number and to nation. I will therefore conclude with moving, "That bringing into any part of the dominions of the crown of Great Britain, the Electoral Troops of his Majesty, or any other Foreign Troops, without the previous consent of parliament, is dangerous and unconstitutional."

The Earl of Rochford confessed, that he was one of his Majesty's ministers who advised the measure, against which the vote of censure was now moved; that he was fully satisfied it was perfectly justifiable, and was ready to abide the consequences: that however far the professions of any noble lord might go, he would yield to none in a warm and steady attachment to the constitution, to the very Bill now so justly extolled, the Bill of Rights, that great foundation of our liberties; but saying this, he could not perceive that in the most remote degree, that law could be construed to reach the measure now so peremptorily condemned. For his part, he was unable to see how it offended against the law, either in letter or spirit. The clause plainly importing two conditions; bringing troops "within the kingdom," and "in time of peace;" whereas, it was evident to the clearest demonstration, that the troops in question were not within the kingdom; nor would any lord venture to affirm, that we were now debating in a time of peace and tranquillity. Those were the motives which induced him to concur in the measure; nor had he heard a syllable urged against the propriety of it, since it became a matter of public discussion, sufficient to alter the opinion he at first conceived. But having learned that a noble lord in the other House (lord North) who was governed by the same reasons, finding that they did not strike several gentlemen in the same light, was now probably moving a Bill of Indemnity, for the purpose of

* See Howell's State Trials, vol. 20, p. 81. [VOL. XVIII, ]

dispelling all apprehensions; and as that would of course meet the ideas of the noble lords on the other side, he must be under the necessity of moving the previous question. He knew how unfavourable to the full debate and discussion of questions of importance, this mode of proceeding was deemed; yet, he believed, when the motives he now alleged were attended to with candour, he should appear fully justified in the opinion of every part of the House. His lordship resorted to a variety of other arguments in defence of the measure, particularly on the ground of expediency, and the urgent necessity there was for adopting it, in order that the troops which the Hanoverians were intended to replace might return to this kingdom, so as to forward the necessary embarkations for America early in the spring. He observed, that the fears suggested by the noble duke were ill-founded; for still there would be a considerable force, composed of British troops, remaining in the garrisons; in the proportion at least of 1,400 to 1,000 in one fortress, and 600 to 900 in the other. In short, his lordship defended the measure, on its being legal, constitutional, and expedient.

Earl Talbot spoke against the propriety of the Act of Indemnity, alluded to by the last noble lord. He had never heard it so much as asserted, that an Act of Indemnity answered any other purpose, than to secure the advisers of measures against private actions, arising from damages sustained by personal contracts. Such were the cases relative to the importation of hides, and stopping the ports in 1766, to prevent the exportation of corn. As to the law declaring those rights, so warmly contended for by the noble duke, it could not admit of a ground for an impeachment, because that law stated nothing as describing any particular species of offence, and consequently annexed no punishment. In his opinion, therefore, a Bill of Indemnity could not apply, because the measure, if at all illegal, which he was convinced it was not, called for no protection against either impeachment or private actions.

The Duke of Grafton began with expressing his astonishment, that any lord in that House, any real friend to his country, any man who loved the constitution he was born under, could employ his time in commenting on the letter, and explaining away the spirit of that great bulwark of the constitution, the Bill of Rights; that law, which, as it were, circumscribed within it [3 F]