of the measure, and the neceffity of its being timely adopted, were also infifted upon; and it was much argued, that fuch a cenfure would fhew a fhameful diftruft of the crown, at a time when it could not be juftified with the fmalleft appearance of reason. To these and other arguments in the fame line it was replied, That it was beneath the dignity, and contrary to the liberal conftruction and comprehenfive views of that House, to enter into the quibbles and diftinctions of Westminsterhall; to weigh words and sentences, to define their diftinct, legal, or grammatical import, was for others, not for them. They were to confider the spirit, the intention, the circumstances that led to, and the evils that were to be cured by, that folemn compact between the King and the people, the Bill of Rights. These they were to confider as legislators, as the hereditary guardians of that new Magna Charta, which includes within its pale all the liberties of the people of England, not as lawyers, who wanted to explain away its fubftance, or to find loop-holes to creep through. That bill was a capitulation between the people and their newly-elected fovereign; a compact to be for ever binding on their respective pofterity and fucceffors. It claimed no new rights, it required no favours; it declared old rights; what was already the law and the conftitution; and particularly provided against thofe violations of them which were then more immediately felt. Of thefe, the keeping of a ftanding army without the confent of parliament, was the firft in danger and magnitude, and had been recently experienced; this giant evil had already fabverted the liberties of all the other ftates in Europe, and had nearly fwallowed up our own. This deftroyer of the rights of nations was accordingly provided againft, as far as compacts can bind mankind, and as wisdom can govern futurity. The conftruction now attempted to be put upon the words within the kingdom," it was faid, might be carried to an extent which the Noble Lords on the other fide might not be willing to avow. If these terms did not include all the poffeffions belonging to this country, then armies of foreigners, to any amount, might be introduced into Jerfey, Guerney, Ireland, and even Scotland, which was not at that time within the kingdom. Can it be ferionfly contended, that this Vol. XL. is in the intention or spirit of the Bill of Rights? or that, when the maintaining an army of natives within England and Wales was deemed dangerous to the rights and liberties of the people, the furrounding and befieging them with hofts of foreigners was an object neither of jealoufy nor apprehenfion. The distincttions made between a time of peace and war, and the great latitude of power attributed to the crown in the latter inftance, were equally controverted, and said neither to be warranted by the law, nor by any customary usage; that if the arguments ufed on that head were carried to their full extent, it would neceffarily follow, that an infurrection, or war, in the remotest part of this widely-extended empire, would render it legal in the crown to introduce armies of foreigners, of any nation, and to any amount, even into this kingdom. The inference attempted to be drawn from the word foreigners, not being expreffed in the law, was, it was faid, too puerile to deserve a serious confideration, if it had not been for the great ftrefs which feemed to be laid upon it by fome lords on the other fide; but can it be thought or believed, that when it was deemed dangerous to entrust the fword in the hands of a standing army of natives, it should be confidered as perfectly wife, legal, conftitutional, and fafe, to place it in thofe of foreigners? It was abfolutely denied, that foreign troops had been brought into the kingdom at any time fince the Revolution, without the previous confent of parlia❤ ment, either by an addrefs, or by fome former treaty which it had ratified. Such was the cafe of the Heffians in the years 1745 and 1756, upon which fo much weight had been laid; in the first inftance, the measure had the fanction of an addrefs from both houfes to the throne [7. 586, 7.]; and in the fecond, it was covered by an exifting treaty, which had already received the approbation of parliament [17. 626.; -18.436.]. to the hiring of foreign troops, and afterwards prevailing on parliament to ratify the engagements, it did not at all come up to the point in queftion, though it could be fhewn, that even this practice had in other times been an object of much animadversion and cenfure. As purposes were answered, or the motives ceafed, for which they were granted; and that it could not be pretended, that any fair or conftitutional motive would remain after the conclufion of the prefent troubles, for continuing this power in the crown, as it was already enabled by the old law, to call out the militia in all other cafes of real emergency: and they infifted, that the very point meant to be covertly carried by this bill, was what no king of England, even the moft defpotic, had ever been able to gain; that it was a power at all times retained, and till now moft jealously watched and guarded by the people; and that on this was grounded the leading conteft between Charles I and his parliament, long before that affembly had been charged with any factious views, or had entertained any idea of the troubles which afterwards took place. On the other fide, great encomiums were made on the popular and conftitutional defence of a militia, and much wonder expreffed, that a measure which tended fo particularly to the fecurity of the people, and the rendering ftanding armies unneceffary, fhould be oppofed by those who pretended a more than ordinary zeal in the care and protection of their liberties; that the apprehend ed dangers which it was fuppofed would arife from the powers granted by the bill, and upon which fuch powers of colouring had been bestowed to render them frightful and hideous, were purely vifionary, and mere creatures of the imagination; that no ill use could be made of the power, without the concurrence of the people themfelves; for though the prince might affemble the militia, they must be paid by parliament; that prefuming parliament fhould become a party in betraying its own rights and thofe of the people, was fuppofing a cafe which could not exift, or, if it did, which no human prudence or forefight could poffibly guard againft; for fuch a confpi racy of the executive and legislative powers of the ftate, fuppofed not an a bufe, but an actual fubverfion and diffo Jution of government; that all reafon ing on fuch an hypothefis was abfurd; who could the people truft, if they could not truft themselves? if they were feized with fuch a madnefs as to make a furrender of their rights and liberties, no power under heaven could prevent them. This anfwer feems perfectly fatisfacio ry with regard to the general power of the crown over the militia; but it does not appear of equal force to remove the main objection, and which struck directly at the principle of the bill, viz. the rendering a law perpetual, which was framed only for an immediate and temporary purpose, without any apparent motive, or fufficient caufe for fo doing. This was by no means fatisfactorily anfwered, it being only evasively said, that if the law was a good one, it fhould always ftand; and if otherwife, fhould not pafs at all. This would prove too much; as it would be a reafon against all temporary bills. The queftion being put on the amendment, it was rejected on a divifion in the committee, by a majority of 140 to 55. Another amendment was then propofed, "That the militia should not be called out of their respective counties unless in case of actual invation." This likewife paffed in the negative. A claufe was then proposed, to impower his Majefty to affemble the parliament in fourteen days, whenever the prefent act, in the event of a war or rebellion in any part of the dominions of the British crown, should be called into operation. This claufe was agreed to without a divifion. Several motions were made on the fame day [Nov. 15.] by the Duke of Grafton, which produced confiderable debates in the other Houfe. The firft of thefe was, to lay before the Houfe an account of the number of forces ferving in America previous to the commence ment of hoftilities, with their feveral ftations and diftributions, in order to lay ground - work for fuch advice as that House, impelled by a fenfe of duty, might think fit to fubmit to his Majefty's con fideration; the fecond, for a ftate of the army now in America, according to the latest returns; the third, for lay ing before them the plans that had been adopted for providing winter-quarters for thofe troops; with an account of the number of forces in the provincial army according to the beft eftimate that could be obtained; the fourth, that an efti mate of the forces now in G. Britain and Ireland fhould be laid before them; and the fifth, that an eftimate of the military force neceffary to be fent against Ameri ca, with an account of the number artillery, should also be laid before the Houfe other Lords in office, and the Noble author endeavoured, as well as he could, to explain away the fubftance of what he had thrown out upon that fubject. The previous question being at length put, it was carried by a majority of 75, including 22 proxies, to 32, including one proxy, who fupported the motion. [The proceedings on the indemnitybill, on Sir James Lowther's motion relative to the Hanoverian troops, and on the militia-bill, have been already given [38. 12.-16.]. We now proceed with our author.] A debate arofe about the fame time [Nov. 1.], on laying the army-eftimates for the enfuing year before the Commons; the oppofition preffing very closely for information as to the number, condition, and fituation of the troops now in America; whilft the minifters, as ufual in this business, refused the satisfaction required. This occafioned a motion, That there be laid before the Houfe an account of the laft returns of the number of effective men, in the feveral regiments and corps in his Majefty's fervice ferving in North America, together with a ftate of the fick and wounded; diftinguishing the feveral places where the said troops are ftationed. This motion was opposed, as being unfupported by precedent; and that the calling for the returns of an army in time of war, by a refolution of the Houfe, would eftablish one highly inconvenient and dangerous: That the return of an army, includes the most accurate and authentic account of every particular relative to it. Could it be proper or fafe to publish fuch a ftate, to furnish fuch information, while the enemy was in the field? while he was in a state to convert fuch intelligence to the highest advantage? No minifters could pretend to carry on the public bufinefs, if any gentleman had a right to demand and obtain fuch information. On the other fide it was afferted, that a precedent was fo far from being want ing, that it was to be found juft at hand, and no longer ago than the affair of the Caribs at St Vincent's. [35. 192.] The question being put, was rejected, 170 to 63. A few days after [Nov. 7.], a gentleman in oppofition [Mr Luttrell made a motion for an addrefs to his Majcity, that the commiffioners appointed to act in America for the purposes held out in the speech, fhould be authorised to receive propofals for conciliation from any general convention, congrefs, or other collective body, that should be found to convey the fentiments of one or more of the continental colonies, fufpending all inquiry into the legal or illegal forms under which fuch colony or colonies may be difpofed to treat; as the molt effectual means to prevent the effufion of blood, and to reconcile the honour and permanent intereft of Great Britain with the requifitions of his Majesty's American fubjects." The gentleman introduced his motion with a fpecch, in which he fhewed from a number of authorities, both in the ancient and modern part of our hiftory, that it was not only cuftomary with the crown to treat with conventions of the people, which were assembled without any of the legal forms; but that fuch affemblies, in the name and under the authority of the people, had feveral times disposed of the crown itself, a right which our kings fully acknowledged, by moft thankfully receiving it at their bands. From thefe and various other precedents, he argued, and inferred, that it was no diminution of dignity in the crown or parliament to treat with the American conventions, under whatever forms or denominations they were held. And in further fupport of his pofition, brought the remarkable inftance of the moft powerful and arbitrary monarch in Europe, Lewis XIV. who did not difdain to enter into and conclude a treaty, negotiated by two marthals of France, with a contemptible handful of rebellious Cevennois, and their leader, the fon of a baker, whofe name is perpetuated to pofterity, by being fubfcribed to the fame inftrument which bears the fignature of the haughty Lewis. The motion was feconded [by Sir George Yonge], but produced little or no debate. It was faid, in general, that peace was much to be wified for; but that the entering into any treaty with the Congrefs, would be an acknow ledgement of its being a legal affem bly, which mutt, of courfe, determine the whole quellion of difpute in favour of America; for if that meeting was legal, our whole conduct muft Lave been a comfe of injufive; That it was more confonant with the dignity of parlia ment to find fome other method; that those calamities that they moft pathetically lamented or defcribed. He therefore wifhed, (after observing, that the manufacturing part of the petitioners were all men who carried on business as principals upon their own account, and that, he was authorised to say, were poffeffed of more than half a million of English property), that the prayer of the petition fhould be confidered as an exordium to the bufinefs which he was going to propofe. The motion was, "That leave be given to bring in a bill for compofing the prefent troubles, and for quieting the minds of his Majefty's fubjects in America." Its object was, to procure conciliation and peace by conceffion; and that great charter from the crown to the people, paffed in the 35th year of Edward I. and known by the name of Sta. tutum de tallagio non concedendo, was its avowed model. The framer introduced his bill with a fpeech, which he supported for upwards of three hours with great ability, and which feemed to vie with the magnitude of the fubject, in the amazing compafs of British and American matter which it included. He complained of the difficulties under which moderate men, who advised lenient and healing measures, lay, in times of civil commotion; that their moderation was imputed to a want of zeal, and their fears for the public fafety to a want of fpirit; but that on the prefent unhappy occafion, these were increased in an unusual degree, as every thing that was propofed on the fide of lenity, was unfairly conftrued, and induftriously represented, as intended to give countenance to rebellion; and that fuch arts had been practifed, and menaces thrown out, as would, if they had not been oppofed with a great fhare of firmness by the friends to the peace of their country, have put an end to all freedom of debate, and indeed to all public deliberation whatever. He obferved, that there were three plans afloat for putting an end to the prefent troubles: the firft, fimple war, in order to a perfect conqueft; the fecond, a mixture of war and treaty ; and the third, peace grounded on conceffion. In the investigation of thefe he obferved, that the first branched into two parts; the one direct by conqueft, the other indirect by diftrefs. He then examined the means which had been laid before them, for carrying on the enfuing campaign upon the former principle, and found many reafons to fhew that they were infufficient for the purpose. As for the predatory, or war by distress, he placed its nature and consequences in va rious points of view, and endeavoured to fatisfy his hearers, that it was calcu lated to produce the highest degree of ir ritation and animofity, but never had, nor never could, induce any one people to become subjects to the government of another; that it was a kind of war adapted to distress an independent people; but not to coerce difobedient fubjects. He concluded the fubject of conqueft by obferving, that as there appeared no probability of fuccefs in the detail of any of the arrangements that were propofed, neither was there any authority to give them a fanction; not one military or na val officer having given an opinion in their favour, and feveral of the first, in both departments, having decided directly a gainst them. Thus, as no man of military experience would vouch for the fufficiency of the force, neither would any one in the commiffariate anfwer for its fubfiftence from the moment that it left the fea-coaft; fo that its fubfiftence and its operation were confeffedly incompa tible. He next examined the mixed fyftem of war and treaty, and exposed, with his ufual acutenefs and difquifition, its numberlefs defects, ruinous procrastination, and final inconclufivenefs. He ridiculed the abfurdity of sending out pardons to people who neither applied for nor would accept of them; as if nothing but an amnesty were wanting to restore peace in America; and as if the great objects of difpute were totally loft and forgotten. He also condemned in the strongest terms the arbitrary powers which were to be vested in the commiffioners, of granting general or particular pardons, in fuch manner, and to fuch perfons only, as they should think proper; without any eftablished line for the government of their conduct on the one fide, or known measure of obedience for the attainment of fecurity on the other. Having endeavoured to establish the inefficacy and ruinous confequences of both thefe fyftems, he proceeded to an explanation of his own, founded upon the idea of conceffion previous to treaty. He ftated the neceffity of conceffion; that its neceflity being admitted, it should be to keep that party in temper. He faid, fupported by a formidable fleet, would that the commiffion to be fent, would be fully fufficient for the purpose, and be in conformity to the intimation given fuch as all America could not withstand; from the throne; that the gentlemen nor was it probable, that they would need not make themselves uneafy, under enter into fo arduous a conteft, when the apprehenfion that any treaty of con- terms were held out to them at the very ceffion would be agreed to without the inftant, which would fully preferve their confent of parliament; but that it would rights. The idea of fimple war, or fimbe neceffary to know upon what grounds ple conceffion, was ftrongly controvertthe Americans would treat, before the ed. It was faid, that a conqueft over powers fufficient to ratify what the com- our own fubjects, was neither fought miffioners might think expedient were nor defired; that it was our intereft, derived from parliament. When the as it was our wifh, to reclaim, not to terms that America was willing to fub- deftroy or enflave; that in the prefent mit to, were in a state proper to be laid ftate of things in America, this defirable before the Houfe, that, in his opinion, object could only be obtained by fuch an would be the proper time to take the armament as would command refpe&t, fenfe of parliament on previous commu- ftrike an awe into the factious, and ennications, and leave it to judge of the al- force a fubmiffion to the conciliatory ternative, whether the offers of Ameri- terms which we propofed, if coercion ca could be accepted with honour, or became abfolutely neceffary; and that whether we ought to reduce them to a either to withdraw the force we already ftate of obedience, however difficult or had there, or to leave it expofed to the hazardous the undertaking. infults and danger of a greater on the fide of the rebels, would not only be in the highest degree difgraceful to ourselves, but would, in its confequences, be equally ruinous to both countries. In the further prosecution of the subject, the oppofition infifted, That the etimates were under-rated in fuch a degree, as to afford no clue whereby to form any judgement of the extent of the expences; that the propofed force of 25,000 men was totally inadequate to the purposes of abfolute coercion. This was fupported by the opinion of a great general officer, who had long been in administration, and who declared it in the moft unreferved terms. The other military gentlemen prefent were called upon to declare their diffent, if they thought otherwife; but they all continued filent. The mixt fyftem of war and conciliation was reprefented as highly improper. The measure adopted, whether of peace or war, fhould be clear, fimple, and decided; not involved in doubt, perplexity, and darkness. If war was refolved, and it was determined to compel America to submission, let the means of coercion be fuch, as will, to a moral certainty, infure fuccefs. The force employed muft be able to command terms, or it does nothing. If, on the contrary, peace is really wished for, and terms of conciliation are to be propofed, your propofitions ought to be fo clear as to be obvious to every common underftanding, and fo fimple as to baffle the powers of chicanery. On the other fide it was said, That the force propofed, when its operations were directed to specific fervices, and A gentleman in office, but who has for feveral years been confidered as poffeffing much more real than oftenfible power, departed totally from these temperate ideas of conduct which the minifter profeffed, and on which he valued himself. He was of opinion, that all attempts of conciliation would be fruitlefs; observed, that at any rate, a number of terms were to be made, and fecurities given, before conciliation could be obtained: That terms of force were the measures chalked out by his Majesty in the speech; attended, however, with conditions of conciliation, and gracious offers of forgivenefs and protection. On this foundation, the prefent vote on the eftimates was propofed; but if premature explanations were defired; if the gentlemen who had pledged themselves to fupport those measures, had altered their minds, or had withdrawn their confidence from the King's fervants, he faw no poffible way to remedy matters but by a change of adminiftration. He, however, animadverted feverely on the cowardice of declining the conteft, almoft in the very outfet, after their having gone fuch lengths in bringing mat→ ters to that crisis. This being confidered as the language of authority, was alfo underfood, both |