1 10 PARLIAMENT. [vol. 44. p. 689.] THE Commons, agreeable to their ad journment, met on the 21ft of January 1783. Next day. Mr Secretary Town fhend informed the Houfe, that it was, become neceffary to prevent the poffibility of any farther doubts being enter tained refpecting the true meaning of the British parliament, in their proceedings of laft feffion towards Ireland, and to give the latter country that full and complete fatisfaction, which alone could render permanent the harmony that ought to fubfift between the two kingdoms. He therefore moved, "That leave be given to bring in a bill for removing and preventing all doubts which have arifen, or might arife, concerning the exclufive rights of the parliament and courts of Ireland, in matters of legislation and judicature; and for preventing any writ of error, or appeal from any of his Majefty's courts in that kingdom, from being received, heard, and adjudged, in any of his Majefty's courts in Great Britain." Mr Grenville feconded the motion, and rejoiced that government had taken up the business in fo handfome a manner. The repeal of the 6th of George I. had been found not fo complete in effect as was expected. It therefore became neceffary for us to give that country an indifputable pledge, of the good faith of parliament with regard to their meaning laft year. Mr Eden faid, he could have wifhed that, before this propofition had been fubmitted to the Houfe, the Rt Hon. Secretary had been able to write his promifed letter to the Lord Mayor of London, to announce the return of peace: then Ireland would fee that it was to juftice, not to fear, that England gave way: Ireland was not at this moment an object of fear to any nation in the world; he wished moft heartily that he was; for, from the loyalty, good underftanding, and reciprocity of interefts of both countries, the enemies of this kingdom would have no reafon to rejoice at feeing Ireland an object of fear. Ireland did not wish for the humiliation of England; for, connected as both countries are, the glory of one must be the glory of the other, and both must be fharers in common of every difgrace that befalls the other. As to the fuperintendency over every part of the empire, he owned he would have been glad that it had been pire; but finding that Ireland would not preferved to England, as the feat of emfubmit to it, he thought that it would be madnefs indeed to endeavour to retain it to the general voice therefore of the people of Ireland he was ready to give it up; and therefore he would confent to the propofition before the House; but he hoped that parliament would not stop here: for it was a very mistaken notion, that the affairs between the two countries were completely and fully fettled; or that the bill moved for by the Rt Hon. Secretary, would answer that great end. Gentlemen must fee the neceffity of taking meafures, in concert with the parliament of Ireland, to fecure the commerce of this country; establish various regulations; determine what quota Ireland fhould give to the general defence of the empire; what he would pay towards the fupport of the navy; the admiralty-jurifdiction was to be fettled; in a word, there were numberlefs points on which both countries ought ftill to treat, and which must be adjusted, before the connection between the two kingdoms was complete and permanent. Col. Fitzpatrick doubted the reality of the difcontents on account of which the motion had been made. The repeal of the 6th of George I. had been confidered by the then government of Ireland as a complete furrender of our rights of legiflation for that country. Lord Beauchamp remarked, that by a recent determination in the court of King's-bench, it was evident that the independence of Ireland was not fully eftablifhed; and that without an act of parliament, that determination might become the fubject of an appeal to the Houfe of Lords, which ftill maintained its controul over the Irish courts. He faid, that the Irish act, which would in future prevent the record of any judicial proceeding from being fent to England, was infufficient to reftrain a fuitor from applying for a writ of error, which, in its iffue, would bring the jurifdiction of the British court into the most aukward predicament. The conceffions made to Ireland were not established till they were recognized by parliament; without whofe concurrence any future adminiftration might, on a difference of judgement, refume them. Gentlemen must recollect, that notice had been given of a bill intended to be proposed in the House of Lords, for confirming the British fight verfal voice of the Houfe was for.ordering it in. Mr Sec. Townshend faid, that it certainly was his intention, fully and irrevocably to furrender it, and never more to exercise or resume it. The queftion was then called for; and carried nem. con. to external legislation for Ireland. Hence doubts muft naturally prevail, if on one fide fuch intentions were known to exist, Mr Macdonald expected to have heard and on the other, if the first authorities the Rt Hon. Secretary enter fully into in Ireland had declared that fuch at the plan of his bill, that the House might tempts were not yet rendered impoffible know before hand, what kind of a bill by any act of the English parliament. they were about to admit he wished Mr Fox faid, it had been argued, that to be informed, whether the legislative the parliamentary conceffions of the laft power of this country over Ireland was year were incomplete, and required ad- to be fo fully and completely surrenderdition. He denied the fact, and main-ed, that in no poffible or supposeable cafe tained, that the repeal of the 6th of this country fliould ever attempt to exerGeorge I. was an effectual abandonment cife it. of the English right of legislation and judicature over Ireland. As fuch it was accepted by the Irish government, and had given general fatisfaction. He cautioned minifters against liftening to reports of difcontents that had no exift ence. It could not be expected that any measures, however good, could give fatisfaction to every individual. If minifhy hoped thus, they would never finish their bufinefs with Ireland: refpecting which, it was become neceffary to ftop at fome point, which fhould be the ne plus altra of conceffion. That ftand should be made where equity and juftice had already placed it. He spoke not as a foe to Ireland; for he declared that if we were in the moft flourishing fituation, he fhould think it better to give Ireland independence, if the wished it, than to maintain her dependence by the fword. He said, that himself, and his former colleagues in office, had taken the only effectual method to fatisfy Ireland effectually. They advised the repeal of the 6th of George I. and he had authority to fay that it gave full fatisfaction. Had it not done fo, the bill now moved for would not effect it. Mr Chancellor Pitt expreffed a wifh that nothing had been said on the subject of the motion; but that it might have been carried unanimously, and without debate; that Ireland might see from that unanimity, that there was no room to doubt the fincerity of England. How ever, though fome debate had taken place, it might be fairly collected, that it was the general fenfe of the House, that complete fatisfaction fhould be given to Ireland, and that her doubts should be diffipated: When the bill that would be brought in, to effect this defirable pur. pofe, fhould come before the Houfe, gentlemen would then have a full opportunity to difcufs every point of it; at prefent he rejoiced to fee, that the uni On the 24th, Mr Secretary Townshend informed the Houfe, that preliminary articles of peace had been figned at Paris on Monday, Jan. 20. between the courts of Verfailles and Madrid, and the court of London; and on the 27th be prefented them to the Houfe, along with a copy of the provifional treaty with America. When the papers had been read, Mr Townshend moved, that they might lie upon the table for the inspection of the members. This motion paffed without oppofition. [See the articles, p. 1.-6.]. Lord Newhaven then rose, and said, that as the public was fo deeply concerned and interested in the articles that had juft been read, it was but just that they fhould be fully apprifed of their contents; for it was not sufficient that the members of that House should have read them; it was neceffary that the people at large fhould have an opportunity of weighing and difcuffing every article, before the Houfe fhould be called upon to give a definitive opinion on them; he therefore moved, that the articles be printed. This motion was oppofed by the minifterial fide of the Houfe, and occafioned a warm debate; but the matter was at laft ended, by Mr Wilkes informing them, that copies of the articles had been also laid before the Houfe of Lords, and that their Lordships had already ordered them to be printed. This raised a great laugh; and the minifters gave up the point. The queftion was then put, and carried without a divifion. On Jan. 29. Mr Viner informed the Houfe, that he understood a violent mutiny fubfifted at that moment at Portsmouth "Portfmouth. The caufe of this mutiny, he was informed, was an infraction, or fuppofed infraction, of the articles un der which the 77th regiment was raised. He understood that this corps had been raised under the ftipulation, that the men were to ferve only for three years, or during the war; that notwithstanding this ftipulation, orders had been fent to Portfmouth for the regiment to embark for the Eaft Indies. If this was a true ftate of the fact, he was far from being furprised that they had mutinied; for if the public faith was pledged to them, it ought to be religiously kept; and it would be, in such a state of the cafe, an act of the greatest injuftice to fend men againft their will upon a fervice, after the time for which they had inlifted was expired. The men who inlifted for a short term of years, on the spur of an occafion, when their country ftood in moft need of their affiftance, were by far the moft meritorious foldiers in the army, and those who were intitled to the great eft respect, and beft treatment from the public. Having ftated thus much, he would wait to hear fomething on the fubject from the Secretary of State, before he fhould make any motion. Mr Secretary Townshend faid, he be lieved that no ftipulation whatever had been made, when the order was iffued for raifing the 77th regiment, that it fhould ferve for any particular period of time; he was afraid, however, that fome of the officers, in order to raife their complement the fooner, had inlifted fome men for three years, or during the war; and no doubt if it fhould be found, that any of the men had inlifted under fuch a ftipulation, fuch men should find that public faith would not be broken with them: but it might be neceffary to difcriminate between them and others in the fame regiment not in the fame predicament; and if the former should efcape punishment, these certainly could fcarcely expect it, after having attacked the main guard, wounded their officers, and committed murder. Lord North faid, the regiment was raised in order to be employed whereever the King's fervice fhould require it. He recollected no fuch condition as that of being only to ferve for three years; and if the officers concerned in raifing the men had held out conditions to them For the account of this mutiny, fee the Historical article, which government had never authorised he should think the officers highly culpable; but whoever made the terms of inliftment, they ought to be strictly ad hered to. Lord Maitland declared it to have been the general idea of the people of Scotland, when the new levies were raifing, that the term of fervice was to be for three years, or during the war; and if the men inlifted under this idea, he was of opinion that the public faith tood pledged to them, and that it ought not to be violated: but that the House might know more of the matter, he moved, that a copy of the letter of service of the 77th regiment be laid before the House. Mr Sec. Townshend requested the Noble Lord would not press his motion juft then, while the mutiny fubfifted, the moft improper time therefore to inftitute any parliamentary proceeding on the fubject; a subject perhaps the more delicate, as it was well known the mutineers had had fome previous communication with fome perfon or perfons in London, whom he did not with to name. Mr Dempfter felt himfelf nearly interested in the mutiny, as one of the companies of the 77th had been raised in one of the towns that he had the honour to reprefent. The Colonel of the regiment was a member of that House (Maj. Gen. Murray), and a moft refpectable man; the moment he heard of the mutiny, he pofted down to Portsmouth, with his Noble nephew, the Duke of Athol. The latter had fince returned to London, but without his uncle: now as it was a bufinefs in which the commander of the regi ment was fo very materially concerned, he wished that the Noble Lord would poftpone his motion, till that officer fhould be in his place in the Houfe.-In this with Lord North and fome other gentlemen concurred; but Mr Viner was of opinion, the motion ought to be made, and therefore he would fecond it; and he muft needs fay, that if the men had inlifted under certain conditions, he could not conceive how they could be faid to deferve any punish. ment, in repelling thofe who endeavoured to make them fubmit to a breach of thefe conditions. Gen. Smith was of opinion, that in one regiment all the men ought to be inlifted for the fame terms, otherwife, when a corps fhould be ordered to imbark for foreign fervice, it might fo hap ред pen that one half of the men fhould be found to have ferved the whole, or nearly the whole of their term; fo that when they fhould have, as they ought to have, obtained their difcharge, the regiment could be no longer fit for fervice. If the faith of the public was pledged to the 77th, he really did not know how to blame the men; and did not know how he could vote for punishing them, if he was on a court-martial to try them. Mr Eden faid, he had happened to have the 77th regiment immediately under his obfervation during fixteen months of their garrifon-duty in Dublin; and though it was not the most agreeable duty in the fervice, he muft say that their conduct had been regular and exemplary, Their officers were not only men of gentlemanly characters, but peculiarly attentive to regimental difcipline. Having once, upon the fudden alarm of an invafion, fent an order for the immediate march of this regiment to Cork, they fhewed their alacrity by marching at an hour's notice, and completed their march with a difpatch beyond any inftance in modern times, and this without the defertion of a fingle foldier. The Speaker informed the Houfe, that the paper moved for had been laid before the Houfe two years ago, and was then upon the table. Lord Maitland refrained then from moving any thing upon it; but it was under the idea, that the regiment fhould not in the mean time be sent out of the kingdom. Lord Maitland, on the 31ft, faid, that having been ftruck with the diftinction which the Secretary of State made on Wednesday, between fuch men of the 77th regiment as could prove by their atteftations, that they had inlifted only for three years, and those who could prove no fuch thing; upon the principle of which diftinction, the former were to be exempted from, the latter liable to punishment, he had taken fome pains to be informed on the fubject; and he believed that he could prove to a demontration, that the diftinction was not founded on fact; and all the men in the regiment were precifely on the fame footing with refpect to the term or duration of their fervice: The proof he should adduce was an order from the war-office (for which he meant to move) of the 26th of December 1775, figned BARRINGTON, and which had appeared in VOL. XLV. the London Gazette; by virtue of which all those who should inlift in any of his marching regiments, after that date, fhould be bound to ferve only for the term of three years, or during the rebellion: hence it was clear, that the whole of the 77th regiment had completed their engagement; and that they were intitled to their difcharge. His' Lordship then moved for the above order. Mr Viner feconded the motion. Gen. Conway lamented, that a procla mation which in fact diffolved two thirds of the army, fhould at that moment be made public. The originally iffuing it appeared to him equally improper and unaccountable. It would give informa tion to our enemies of the very critical fituation in which we ftood at present. Peace, the Houfe would recollect, had' come upon them of a fudden. Before the peace was known, he had felected that regiment as the most fit for the fervice. Mr Fox took particular notice of the expreffion of the Commander in Chief, that peace had come upon them on a fudden: this he thought a little extraordinary; fure he was, if peace had come upon minifters on a fudden, it had not come upon the public on a fudden. They had feen a letter from the Secretary of State fo long ago as the 23d of Noyember, declaring that government were fo certain of peace within a few days, that they made no fcruple to prorogue the parliament upon the ground of that certainty: and yet the peace, then faid to be so very near at hand, had been heard of no more till the 13th of January: With regard to who could fay, whether peace was actually made? it was a question a child might answer; the moment the preliminaries were ratified, that moment peace was actually concluded; and though, if that Houfe did not approve of peace, they might take fome step that might lead to a re-commencement of hoftilities, they could not prevent the peace taking place. Gen. Conway faid, that the 77th fhould not be ordered for India, or any other Highland regiment. Several other members took part in the converfation; after which the motion paffed without a divifion; as did alfo two motions more, made by Lord Maitland, for other papers from the waroffice relating to the fame fubject. D Lord Lord Grantham, Jan. 27. prefented to the House of Lords, copies of the preliminary articles, which were ordered to be printed. On Monday, Feb. 17. the preliminary articles were taken under confideration; when the Earl of Pembroke rofe, and expreffed his hopes, that their Lordships would be of opinion with him, that his Majefty's conduct, in laying before them the preliminaries of peace, merited their grateful approbation. Peace would relieve the kingdom from a load of taxes: revive the old, and open new channels of commerce; reftore harmony and mutual affection between the fubjects of Great Britain and the United States of America; and contribute to promote the happiness, and establish the tranquillity of Europe. He moved, "That an humble addrefs be prefented to his Majefty, to return his Majefty the thanks of this Houfe for his gracious condefcenfion in ordering to be laid before us the preliminary articles of the different treaties which his Majefty hath concluded, and to affure his Majefty that we have confidered them with that attention which so important a subject requires. To exprefs in the most grateful manner to his Majefty our fatisfaction that his Majefty has, in confequence of the powers intrufted to him, laid the foundation, by the provifional articles with the States of North America, for a treaty of peace, which, we truft, will infure perfect reconciliation and friendship be tween both countries. That in this confidence, we prefume to exprefs to his Majefty our juft expectation, that the feveral ftates of North America will carry into effectual and fatisfactory execution, thofe measures which the Congrefs is fo folemnly bound by the treaty to recommend in favour of fuch perfons as have fuffered for the part which they have taken in the war; and that we confider thefe circumftances as the fureft indication of returning friendship and to acknowledge to his Majefty our due fenfe of that wife and paternal regard for the happiness of his fubjects, which induced his Majefty to relieve them from a burdenfome and expenfive war, by the preliminary articles of peace, concluded between his Majefty and the Moft Chriftian and Catholic Kings To affure his Majefty, that we shall encourage and promote every exertion of his fubjects of Great Britain and Ireland, in the cultivation and improvement of thofe refources which must tend to the certain augmentation of our public ftrength; and that with these views we fhall moft diligently turn our attention to the revifion of all our commercial laws, and endeavour to frame them upon fuch liberal principles as may beft extend our trade and navigation, and proportionably increase his Majefty's naval power, which can alone infure the profperity of his kingdoms." The Marquis of Carmarthen feconded this motion. He reminded their Lord fhips how earnestly the nation wished for peace, and congratulated them on it happy accomplishment. The confede racy that had been formed against Eng land was diffolved. The nation wa eafed of an intolerable and increafing load of taxes. Trade would revive, commerc would flourish more than ever it had done, and Great Britain, pursuing the plans of wisdom, moderation, and peace would ftill be one of the firft powers o Europe. The Earl of Carlisle confidered the preliminaries as injurious to the interefts and derogatory to the honour of G. Bri tain. The conclufion of the peace admitted to be legal, as the Crown pol feffed, undoubtedly, the right of making peace or war. But though it was legal it was not, in his opinion, expedient It was contrary to natural juftice and humanity, to facrifice to the cruel and inveterate malice of their enemies, mer who had perfevered, in the midft of the greateft perils and dangers, in their loy alty to Britain; men who had left thei families, given up their fortunes, and rifked their lives in the fervice of govern ment. So great a violation of publi faith; fo fhameful a dereliction of his Majefty's most faithful and approved fubjects, was a species of policy as unwife as it was pufillanimous, as it difcouraged all perfeverance in loyalty in the day of trial and temptation, and encouraged a general spirit of revolt and infurrection. Nor was it only the loyalifts that we had abandoned. The Five Indian Nations. our allies; the Cherokees too; all these would henceforth lie at the mercy of Congrefs, and regret the confidence they had placed in what, they fondly imagi ned, as they were taught to believe, was the greatest nation under the fun. Through inaccuracy, or egregious folly, fuch a line of boundary had been drawn between |