THE LIBRARY OF THE UNIVERSITY OF CALIFORNIA LOS ANGELES GIFT THE O F MR. W I L K.E S IN THE Pulchra pro libertate. VIRGIL. PRINTED IN THE YEAR MDCCLXXXVL , v Colle ( V ) JLdbra PREFACE. r I 1 HIS o&avo volume is a faithful tran- fcript of the three volumes of the Speeches of Mr. l^ilkes^ which I formerly printed in duodecimo, with the addition of feveral Speeches^ fince the period of the laft publication, drawn from the fame fources, with equal diligence and attention. The two prior volumes, with the Notes, make the 176 firft pages of this volume, and the third continues to page 296. The reft is new matter, and on a greater variety of in- terefting fubje6ls. I have not given many additional Notes ; but they will, I hope, be found ufeful and explanatory. London, Dec. 9 , , 7 S6. ^ THE EDITOR, a 5 ADVER- '.. J-- ( vii ) ADVERTISEMENT PREFIXED TO THE TWO FIRST VOLUMES. I have collected the Speeches of Mr. Wilkes in the pre- fent Houfe of Commons from news-papers and oral tradition for two reafons. The firft is, they contain, in my opinion, many bold truths, efpecially refpe&ing America, which are of importance, and in this conve- nient form they will be found more ufeful. The other reafon is, if that gentleman ihould ever fwerve from the great line of public duty, and declared attachment to the people, which he has often pledged himfelf to purfue through life, the moft general infamy may over- take him, and punilh his apoftacy. The Protefts of the Lords on the fame fubject with fome of the Speeches I thought would be acceptable to the political reader. Some Notes are added, chiefly by way of illuftration, for which I am anfwerable. London, Julys, 1777. THE EDITOR. A D V E R- ADVERTISEMENT, Prefixed to the Third Volume. THE Speeches cf Mr. Wilkes in the Houfe of Commons are here continued to the end of the laft Sef- lion of Parliament. I have collected them, like the former, from news-papers and oral tradition. I think no apology neceffary either to the public, or to that gentleman, for the freedom which I have ufed in the notes with fome characters of high rank and dignity. Truth ought to be preferred to every motive and con- fideration. Adminiftration appear fyftematically to treat the Houfe of Commons with contempt. They fuffered the Lords in the laft Seffion to have the communication of two important papers, Lord Howe's letter to Lord George Germaine, dated Sept. 20, 1776, andlikewife another letter from Lord Howe and his brother to the fame Secretary, dated Nov. 30, 1776; both which were refufed to the reprefentatives of the people. They have fince been given to the public. Mr. Wilkes moved for the Proofs of the marriages of the King's Brothers, of which the Houfe of Peers were ;n poileffion. The motion was received very unfavourably by adminiftra- tion; but as the fubjedt is highly interefting to every Englishman, they are now firft printed with g*eat care and fidelity in the Appendix, London, July 14, 177$. THE EDITOR, Houfe Voras .of January 26, 1775. A motion was made, and the queftion being propofed, " That the ,0haplain to this Houfe do preach be- ." fore this Houfe, at St. Margaret's Weftminfter, " upon Monday next, the thirtieth day of this in- arliament,iavc " refotvtd to give and GRANT to your Majffty the fum herein after mentioned, C?<-. fiCr." f Retornamentum Parliamento de Anno Regni Regis Edwardi Sexti primo. Eilwardus Sextus, Dei gratia Angliae Francia? & Hiberniae Rex, fidei defenfor & in- ferea ecclefiae Anglicanae & Hibernis fupremum caput, dileiStis fc fidelibus fubjedis ^eputato & confilio villae fuae Califi* falutem. Quia de avifamento & affenfu coii- filii fui, pro quibudam arduis & urgentibus negotiis, nos ftatum & defenfionem regni poftri Anglise & ecclefias Anglicanae concernentibus, quoddaro parliamentum nof- tfum apud civitatem noftram Weftmonalterieniem quarto die-Novembris proceden- tis ( '0 ) It will, I forefee, fir, be objected, Is America theft to enjoy the protection of Great Britain, and to con- th teneri ordinavimus, & ibidem cum prelatis magnatfbus & preliberis dicTi regni noftri colloquium tenere & tracTatum, vobis mandamus, firmiter injungentes, quod immediate poft rcceptionem hujus brevis noftri nominari & elegi facietis vifmm ho- norabilem & difcretum inhabitantem intra VJllam noftram prediclam ad afiendendum Bnrgenfera pro pariiamento noftro predicto pro villa prcdidla & Marchiis ejufdem, prt> negocfis in eodem parliamento agendis juxta formam cujufdem adhis in parlks- mento domini Henrici nuper regis Anglire oc~la\*i, nnper patris noftri percariQinn, apudLondinumpredi(ftodie Novembris anno regni fiii vicefimo primo et exinde per diverfa? prorogationes ufque Weftmonafterium quarto die Februarii anno regni fxfi vicefimo feptimo adjornato & tune edito & pofteavis, eumque ad didlos diem & lo- cum venire facietis. Ita quod idem Burgenfi? plenam & fumcientem poteftatem pro fe & communitate villae &i Marchiarum prediftarum habeat ad faciendum & confen- tir:idnmiis quac tune ibidem deeoconfiliodi<5li regni noflri, favente Deo, contigeriat ordiuari fubter negociis antedi<5lis. Jta quod per defe&um poteftatis hujufmodi fcrip- tune, improvidam eleclionem Burgenfis predidli didla negocia infra non remaneant quovis moJo ; & cum eleclionem & nominationem illam fie faceretis, illas nobis in Cancellariam noftram c'.iftincle Sc apte fub figillis veftris ad diclos diem & locum debite certificetis, indilate remittentes nobis hoc breve una cum retornameiito no- minis ejufdem Burgenfis diclobrevi confuto. Tefte meipfo apud Weftmonafterium feuindo die Augufti anno regni noftri primo. This is a true copy of the original record remaining in the Chapel of the Rolls, having been examined. HEN. ROOKE, Clerk of the Rolls. Excellentiflimo & metuendiiTimo domino noftro Edwardo Sexto Dei gratia An- gluc Franciae & Hibernise Regi fidei defenfori Js interea fupremo capiti Anglicanse tt. Hibernicae ecclefiae. Nos veftri humiles Major Burgenfes & liberi homines communitatis Villac veftrse Califis benigniffimo modo quo poterimus gratiae veftrre certificamu?, quod virtute honorabilis brevis veftri de fummonicoe parliame. ti nuper nobis diredli & deliberati cui iftud retornamentum nimirum eft annexum, per af- fenfum tc confenlum totius Comitatis villre veftrae Califiae predidlre & Marchiarum ejutdcni, unum hominem de melioribus &: difcretioribus villx veftrae Califiae pre- didtae elegi fecimu 1 ;, videlicet Thomam Fowler dictse villx veftrs generofum, ad aliendendum Bursrenfem ad parliamentum v eft rum predidlum ad diem & locum in picdicto brevi veftro fpeciftcatum, qui quidem Burgenfis plenam & fufficientem .poteftatem pro fe & tola comitate villse veftrae Califine predicts & Marchiarum ejufdem habet ad faciendum & confentiendum iifque tune ic ibidem de communi c< nfilio veftro, Deo favente, contigerint ordinari, prout breve v illam prediction in fu ex.igit & requirit. In quorum prtmifforum teftimonium nos predidli viri hu- miles Major Burgenfes & liberi homines communitatis villae veftre Califise pre- dict.B fc Marchiarum ejufdem Sigillum Majoratatxis Officii Villx veftrae Califiae predidtae prefentibus fecimus apponi. Datum vicefimo die Octobris anno re,rni gratix veftro primo. This is a true Copy of the original record remaining in the Chapel of the Rolls, been examined. HtN. ROOKE, Clerk, of the Rolls. tribute tribute nothing to the fupport of that parent ftate, which has fo long afforded it fafety and fecurity, which has carefully and tenderly nurfed it to this hour of its prefent ftrength and greatnefs ? The Americans them- felves have given the fulleft anfwer to this objection, in a manner not to be controverted, by their conduct through a long feries of years, and by the mod ex- plicit declarations. Equally in words and a&ions, of the moft unequivocal nature, they have demonftrated their love, their ardour, their ftrong filial piety to- wards the mother country. They have always ap- peared ready, not only to contribute towards the ex- pences of their own government, but likewife to the wants and neceflities of this ftate, although perhaps they may not be over-fond of all the proud, expenlive trappings of royalty. In the two lalt wars with France they far exceeded the cold line of prudence. With the moft liberal hearts they chearfully gave you nearly their all, and they fought gallantly and vicloriouily by your fide, with equal valour againft our and their enemy, the common enemy of the liberties of Europe and America, the ambitious, faithlefs French, whom now we fear and flatter. Our Journals, iir, will bear \vitnefs to the grateful fenfe we had of the important fervices of our brethren in America, by the great fums we fliall find voted to be * repaid them for what they * In the examination of Dr. Benjamin Franklin, of Philadelphia, before a Com- mittee of the Houfe of Commons in 1766, printed in the " Parliamentary Debates," vol. II. p. 1 10. Queft. Were you not reimburfed by Parliament ? Anfw. We were only reimburfed what, in your opinion, we had advanced be- yond our proportion, or 'beyond what might reafonably be expecled from, us ; ;nd it was a very fmall part of \vh.it we fpent. Pennfylvania, in particular, dif- burfed about .500,000, ar.d the rcimburfements, ia the whole, did not exceed expended expended in the fpirited warlike expeditions, which they carried through with equal courage and conduct. The fiege and capture of Louifbourg, the various fuc- cefsful operations againft the general foe, without the lead knowledge, much lefs participation, on our part, are the fulled proofs of the warm affection of their hearts to this country, and of their readinefs to bear more than their lhare of the public expence and bur- then. But, fir, the whole was the gift of freemen, our fellow-fubjedts, who feel that they are, and know they have a right to be, as free as ourfelves. What is their language even now, at a moment when you are planning their deftrudtion, when you are branding them with the odious appellation of rebels ? In the late * Petition of the Gongrefs to the King, they de- clare, they are ready and 'willing , as they ever have been, when constitutionally required, to demon/Irate their loyalty tohisMajefty, by exerting their moft ftremious eff&rts in granting fupplies end raifing forces. This is the unani- mous refolution of a Congrefs, compofed of Deputies from the feveral colonies of New Hampshire, Maffa- * From this definitive fyftem of Colony Adminiftration, adapted face the eon- civfton of tie loft ti'ar, have followed thofe dijftreffes, dangers, fears, and jealoufie-j, that overwhelm your Majefty's Colonies with affliction ; and we defy our maft fub- tle and inveterate enemies to trace the unhappy differences between Great Britain and thefe Colonies, from an tarbir f cried, or from other caufcs than we have af- fcgned, &c. &c. We prefent this Petition only to obtain redrefs of grievances and reljef from fears and jealoufies, occafioned by the fyftem of fiatutes and regulation^ adtfttd Jinct the dofe cf the loft war, &c. &c. Petition of the Congrefs to the King, Oftober 16, 1774. Place us in the fame fituation that we were at the clofe of the lajl -war, an^our former liarmony will be reftored. the Congrefs to the People of Great Britain, October 21, 1774. They were alarmed by a new fyfltm of f;a utcs and regulanom, adopted fof the adminiftraticm of the Colonies^ that filled their minds with the moft painful feari and jealoufies. Petition of the Conrefc to the King, July %, 1775. chufet's ( I? ) ehufet ! s Bay, Rhode I/land, and Providence Planta- tions, Connecticut, New- York, New Jerfey, Pennfyl- vaniii, the counties of Newcaftle, Kent, and SufTex on Delaware, Maryland, Virginia, and the Two Carolina*. I have heard, fir, of a plan of accommodation, which, I believe, would reconcile all differences. But alas ! fir, it does not come from any fervant of the crown. It comes from the * noble Lord, to whom this * The Earl of Chatham. In the houfc of Lords, on the joth of May 1777, Earl Gower, Lord Prefldent of the Council, with that mild, winning air ofmocefty and meeknefs, which characlerife the B.^df-ir-i fchool, declared, that ** he mutt " affirm, no public notice whatever by any man or body of men, by any Afiem- " bly or Congrefs, by any printed American newfpaper or pamphlet, had been " taken of Lord Chatham's plan of reconciliation between Great Britain and her " Colonies \ that it funk immediately into abfolute oblivion, fur not even a hint was " thrown out on the other fide the water, complaining that the proportion was re- " jedled, or acknowledging, that if the bill hatl palled into a law, it would have " produced a reconciliation, or that it contained even the outlines of a fit accom- " modation, or any thing to proceed upon, and therefore he was plainly right in " giving his vote againft the noble Earl's proposition, and the bin that accompanied " it, two years ago." The \vovds were taken with great exaclnefs. The Duke of Gnifton heard them, and artlwered many parts of Lord Gower's fpeech; but, whether from ignorance, or malice to Lord Chatham, I do not determine, his Grace was filent on the plan of reconciliation. To eitablilh the -veracity of Earl Gower, I (hail produce an extract of only one public aft, the Addreis of the General Affembly of Virginia, prefented on the 14th of June 17751. to his Excel- cellency the Right Hon. John Earl of Dunmore, Governor of Virginia, &c. &c. and printed in all the American newfpapers. It is reprinted in Alnaon's Ameri- can Remembrancer, vol. I. p. 1 1 3. " Thera was, indeed, a plan of accommodation offered in parliament ; which,. " though not entirely equal to the terms we had a right to afk, yet differed but in "few points from what th,e General Congrefs had held out. Had parliament been. difpoied fincerely, as WB are,, to bring ;Jiout ;v reconciliation, reafonable men had " hoped, that, by meeting us on this ground, fomethinr; might have been doae. ; " Lord Chatham's BUI, on the one rapt* and tlie terms, of the Congrefs on the other % " would have formed a bafts for negotiation ; wliich a fpirit of ivccomnaodation ou] "bothlides, might, perhaps, have reconciled. It came recommended, too, from gne whofe fuccefsfui experience in the art of government fhoul.d have enfuceil to it fome attention from thofe to whom it was tendered. He had fhewn to the f* world, that Great Britain, with her colonies, united fir.miy undec a juit and *< honeft government, formed a power which, might bid defiance to the moft u potent enemies. With the changis qf miiufters t however, a- total change o " meafure^ ( '4 ) this country has the moft eflential obligations, to whom it is fo highly indebted for its late fplendor and glory. The plan is, to affemble another Congrefs in the fpring ; the parliament of Great-Britain and the deputies ^of tjie feveral colonies to meet together, jointly empow- ered to regulate the various quotas to be paid by each province to the general treafury of the whole empire. I would in addition to that plan propofe, that a regu- lation, fimilar to what adually takes place with refpe6t to Scotland, be adopted as to America. The propor- tion of each colony might be fettled according to the land-tax in England, at one, two, or more ihillings in the pound. I am not deep politician enough to know what the proportion ihould be of each Province, which will vary greatly in half a century, but I fpeak of each quota being at all times to be regulated accord- ing to the land-tax of this country. The very exten- iive and flourilhing colonies of the Maffachufet's Bay, Virginia, and South Carolina, for inftance, fhould contribute more, the fmaller and poorer colonies of " meafures toqk place : the component parts of the empire have, from that mo- " ment, been falling afunder ; and a total annihilation of its weight, in the political " fcale of the world, feems juftly to he apprehended." O ! happy Privy Council of England, where _/&nVjf and truth prefide ! " When Earl Go\ver was appointed Prtfidcnt tf the Council, the King, with " his ufnaljinerrity, afTured him, that he had not had one happy moment, fmce rt the Duke of Bedford left him." Junius, vol. I. p. 172. " Is there any one mode of thinking or acling with refpecl to America, which ** the DuhofG>dfti,nhas not fucceffively adopted and abandoned ?" Ib. p. 89. " In America, we trace you [the Duke of GraftonJ from the firft oppofition to " the Stamp-Acl, on principles of convenience, to Mr. Pitt's furrender of the " rijht ; then forward to Lord Rockingham's furrender of the fa<5l ; then back " agiin to Lord Rockingham's declaration of the right ; then forward to taxation with Mr. Townfhend ; and, in the laft inftance, from the gentle Comvay's un- " defermined difcretion, to blood and compulfion with the drike of Bedford." Page 83. " Was not l,r.rA Ckatbim the firft, who raifed the Duke of Ore ft to the rank u and poft of a Minifter, and the firft whom he abandoned ? Did he not join with " Lord Rocklnghaiw, and betray him ? P. 88. New ( 15 ) New Hampshire and New Jerfey lefs ; but, fir, I in- fill, not a ihilling can be taken without their confent*. After this clay's debate, Ihould the Addrcfs now moved for be carried in this Houfe, I greatly fear that not only this wife plan of the noble Lord, but every idea of a reconciliation between this country and her colonies, will be utterly impracticable. The Americans, fir, have of late been treated, both within doors and without, in a manner, which marks no fmall degree of injuftice, and even a wantonnefs of cruelty. We have been repeatedly told to-day, that they complain of the Navigation Aft, and infill on the repeal of it. We have authentic evidence to the con- trary. |n the refolutions of the Congrefs^ they dehre only to be put on the footing they were at the clofe of the late war, " as to the jyftem of Jlatutes and regula- " tions ;'* nor among the various acts, of which they folicit the repeal, have they once mentioned either the Navigation or Declaratory Aft. It has likewifc JDeen afferted, that they are froward and angry enough to wijb to throw off the fuprernacy of the -j- mother country. Many exprefs refolutions, both of the Ge- neral Congrefs, and the different Provincial Aflemblies, are the fulleft evidence of the fenfe, which the Ameri- cans entertain of their obedience and duty to Great Britain. They are too numerous to be quoted. Their * Doncques pour continuer mon propos, y a-t-il Roy ne Seignenr fur terre, qni ait pouvoir, outre fon ilouiaine, de mettre un denier fur ces fiibjets : fans ofirny et confentement dc ceux qui le doivent payer, finon par tyrannic ou violence ? Memoires de Philippe de Comines, folio. Paris, de I'lniprimerie Royale, 1649, page 218. f I never faw a froward child mended by whipping, and I would not have the wither country become a flepmoiber. Our trade with America brings in, com- munibus annis, two millions a year. Lord Chefterfield's Letter of Dec. 25, 1765. full claim, as flated by themfelves, is fo explicit and clear, that I beg leave to read it to the Houfe from their Petition to the King *. It declares, We ajk but for pence, liberty, andfafety. Surely, fir, no requeft was ever more modeft and rcafonable, no claim better founded. It exprefsly mentions ; We ivijh not a dimi- nution of the prerogative, nor do we f olid t a grant of any new right in our favour* Tour royal authority over us, and our tonneftion with Great Britain, we foall always carefully and zealoujly endeavour to fupport and maintain. What a contraft, fir, does this make wkh the pro- ceedings of adminiftration at home! They are fe- dulouily endeavouring to tear afunder thofe powerful ties, which have long and happily knit and bound us together. The Addrefi, fir, mentions the particular province of the Mafiachufet's Bay as in a flate of actual rebellion. The other provinces are held out to our indignation as aiding and abetting. Many arguments have been em- ployed by fome learned gentlemen among us, to involve them in all the confequences of an open, declared re- bellion, and to obtain the fulleft orders for our officers and troops to ad\ againft them as againft rebels. Whether their prefent ftate is that of rebellion -f-, or of a fit and juft refiftance to unlawful afts of power, to our attempts to rob them of their property and liberties, as they ima- gine, I fhall not declare. This I know, a fuccefsful refiftaace is a revolution, not a rebellion. Rebellion in- * In the ftrft Congrefs, figned O&ober 26* 1774. } The oath of allegiance binds no private man to more tten the-law direfts, and has no inriuence upon the whole body of every nation : many priitees or* kwion t tbeit fubjtflstofly by ti>* injuries, Ifjfct-, atid mifcbifft brought uptnthan: RBLLioif of itfelf is neither good nor evil, more than any ottier war, but is juft,. or un juft,, accordJDg to tbs caufe w mauuer of it. Algernon Sydney, p. 4 1 6. deed dee'd appears on the bide of a filing Tiemv, but /z///o/z flames on the bt>- ii;-phte of the vi^, >rious war- rior. Who can tell, fir, wnethe'r in confequence of this day's violent and mad Addrejs to His Majefty, the fcabbard may not be thrown away by them as well as by us ; and mould fuccefs attend them, whether in a few years the independent Americans may not celebrate the glorious asra of the revolution of 1,775, as we do that of 1688 ? The generous efforts of our forefathers for freedom heaven crowned with fuccefs, or their noble blood had dyed our fcaffolds, like that of Scottijb traitors and rebels ; and the period of our hiftory, which does us the mofl honour, would have been deemed a rebellion againfl the lawful authority of the prince, not a refiftance authorized by all the laws of God and man, not the expulfion of a tyrant. The policy, fir, of this mealure I can no more com- prehend, than I can" acknowledge the juftice of it. Is your force adequate to the attempt? I am fatisfied it is not. What are your armies ? and how are they to be kept up and recruited ? Do you recollect that the fingle province of Maffachufet's Bay has at this moment 30,000 men well trained and difciplined? Do you not know that they can bring near 90,000 men into the field ? They will do it, when every thing dear to them is at flake, when they have their liberties to defend againft cruel opprefTors and invaders. You will not be able to conquer and keep even that fingle province. The noble Lord * with the blue ribband propofes only 10,000 of our troops to be there, including the four re- giments now going from Ireland ; and he acknowledges, with great truth, that the army cannot enforce the late * Lord NORTH. C ab aft of parliament. Why then is it fent? Bofton indeed you may lay in afhes, or it may be made a flrong gar- rifon; but the province will be loft to yon. Bofton will be like Gibraltar. You will hold in the province of Maflachuflet's Bay, as you do in Spain, a fmgle town, while the whole country remains in the power and pofleflion of the enemy. Your fleets and armies may keep a few towns on the coaft, for fome time at leaft, Bofton, New- York, St Auguftine ; but the vaft continent of America will be irrecoverably loft. A few fortrefles on the coaft, and fome fea ports only, will remain in your pofleflion. All the back fettlements will be independent of you, and will thrive in the rapid progreffion of your violences and unjuft exactions on the towns. A new and amazing landed intercjl will be created. The ancient ftory of the Philofopher Calanus and the Indian bide will be verified. Where you tread, it will be kept down ; but it will rife the more in all other parts. Where your fleets and armies are ftationed, the pofleffion will be fecurcd, while they continue ; but all the reft will be|pft. In the great fcale of empire, you will decline, I fear, from the decifion of this day ; and the Americans will rife to * independence, to power, to all the greatnefs of the nioft renowned flates, for they build on the folid bafis of -jr general publick-li^ berty. I tremble, iir, at the almoft certain confequences of fuch an Addrcfs, founded in cruelty and injuftice, equally contrary to the found maxims of true policy, * The Declaration of Ind:ptndencv, by the Reprefentatives of the United States of America in Congrefs alTcmhloc-, was made oil the 4th of July, 1776, about a ye;.rand a half after this Add-eji of the Houfe of Commons. f In Congrefc at Philadelphia, April 16, 1776, RUfolved, That no/at'ff be imported mto any of the Ur.i:iti diana and ( I? ) and the unerring rule of natural right. The ricans will certainly defend their property and their liberties with the fpirit of freemen, with the fpirit our anceftors did, and I hope we Ihould, exeBt on a like oo cafion. They will fooner declare themfelves indepen* dent, and rifque every confequence of fuch a c'onteil, than fabmit to the galling yoke, which adminiftration rs preparing for them. An Addrefs of this fanguinary na- ture cannot fail of driving them to defpair. They will fee that you are preparing not only to draw the fword, but to burn the fcabbard. In the moft harfh manner you are declaring them rebels* Every idea of a reconci- liation will vanifh. They will purfue the moft vigo- rous meafures in their own defence. The whole conti- nent of North America will be difmembered from Great Britain, and the wide arch of the raifed empire fall. But I hope the juft vengeance of the people will overtake the authors of tllefe pernicious counfels, and the lot's of the firfl province of the empire be fpeedily followed by the lofs of the heads of thofe minifters who adviled thefe wicked and fatal meafures, VOTES of Feb. 22, 1775. A motion was made, and the queftion put, te That the " Refolution of this Houfe, of the iyth day of Fe- " bruary 1769, that Jobn IVilkes, Efquirt, having been tf in this fcffion of Parliament expelled this Houfe, was, *' and is, incapable of being eleftsd a Member to fetvt " in this frefent Parliament, be expunged from the C z " Journals " Journals of this Houfe, as being fubverfive of the " rights of the whole body of electors of this king. " dom ;'' The Lord Mayor, Mr. Wilkes, faid, Mr. Speaker, The motion, which I {hall have the honour of fub- mitting to the Houfe, affects, in my opinion, the very vitals of this conftitution, the great primary fources of the power of the people, whom we reprefent, and by whofe authority only, delegated to us for a time, we are a part of the legiflative body of this kingdom. The proceedings of the laft parliament, in the bufmefs of the Middlefex elections, gave a juft alarm to almoft every elector in the nation. The fatal precedent then attempted to be eftablifhed was confidered as a direct: attack on the inalieniable rights of the people. Many. of the moft refpectable bodies in this kingdom exprefled their abhorrence of thofe arbitrary meafures. They proceeded fo far as to petition the crown for the difib- lution of that Parliament, as having been guilty of a flagrant abufe of their truft. Above 60,000 of our fellow-fubjects, freeholders of the realm, carried their complaints to the foot of the throne ; a number furely deferring the higheft regard from every Minifter, whofe whole attention was not engrofled-by the 6000 borough electors, who return a majority for him to this Houfe. The people, fir, were in a ferment, which has not yet fubiided. They made my caufe their own ; for tkey faw all the powers of government exerted againfl the conftitution, which was wounded through my iitfes, and the envenomed lhafts of a wicked admi- niflration ( 21 ) niftration pointed at our laws and liberties no lefs than at a hated individual. The plan was carried on for ibnie years with a fpirit of malevolence and rancour, which would have difgraced the very worft, but with a perfeverance which would have done honour to thebeft, ca-ufe. I do not mean, lir, to go through an irkfome detail of the various perfections and injuries which that perfon fuffered, I hope with a becoming forti- tude. I have forgiven them. All the great powers of the ftate were at one time combined to pour their ac- cumulated vengeance on me. The two Houfes of ; liament chofe me as the mod acceptable victim could be facrificed at the fhrine of 'heir court i,. and even * imperial Jove pointed his tnundcr-. red with uncommon n-ratb, at my devoted head. I fcorched, but not confumed. The broad line Id of t'ie law protected me. A generous public, and my noble friends, the freeholders of Midcllefex, the ever r eady friends of liberty and their country, poured bai.:: inuo my wounds. They are healed fo that fcarcely a fc.ir remains. But, fir, I feel, I deeply feel the wounds given to the conftitution. They are ftill bleeding, and this Houfe only can heal them, as well as reftore the conftitution to its former flate of purity, health, and vigour. May I be permitted to point out the mode of cure, and the falutary methods, which I think you ought to apply ? Before I proceed to the remedy, I fhall beg the indulgence of the Houfe to ftate the cafe with precifion and accuracy. I hope they will forgive * In Junius's letter to the King of Dec. 19, 1769, it is faid, " the deftrr.ftion of " one man [Mr. Wilkes] has been now, for many years, the//r object of your go- " vernment ;" [not the bapfAnefs ff mil!:i>is, -whim God bad ctmm it, without any obfervatbns. The Prt/M'y Remarks were, Dec. 10, 1768: I find you tte f^He-ivlng aat/rert'c flate paper, the date ofivbicb, prior by nnre tlan tbrec ivttlts to the fatal \otb of May, Jbeios hoiv hng the horrid maJJ'acre in St. George's Fields had teen plannid ar.d J termir.ed upon, before it was cnrn\;d into cxecutkn, and I iv ' "g a bel'yb frtyejf can be brctdcd oitcr i>v fame infernal fp:r;ts "Without one moment's r,m.rf . Exti-acl from Mr. Wilkes's Addrefs to the County c f Middlefex. dated frori fhe King's Bench Priibn, Dec. X7, 1768. I hold myfelf accountable to you for every aftkn of my life, \\hich refpefts the pu'iiic. I defiretoflanJ, or fall, by your free and unbiased judgement. I \viih to be diredled b> your counfel and inftrucStion in all matters of importance. 1 take the enrlieft opportunity, gentlemen, of dating to you ibe following particulars, fi ! to be f;iin>e'd and publifhed, in the St. James's Chronicle of December the jot!:, a letter of the Se;retary of State [Lord Weymouth], written from St. James's on the 1 7th of April to Mr. juftice Ponton, with fome Prefatory Remark}, lavovv the publication of both. I will go further, and declare, that I firft, feveral months age, tranfmiUed to the prefs the letter of the Secretary at War [Lord BarringtonJ, gated May the nth, returning thanks in :be King's name to the officers and foldiers of C 3 ) chofen, without oppofition, the i6th day of the fame month. On the day following the election was vacated, and of the third regiment of 'Guards, for the rank and foul murders committed in thefe fields on the loth of that month. My hand trembled, while I copied what I Mufhed to read ; and I gave it to the public in the only way my prefect Gtuation could admit, with the hope of promoting a parliamentary enquiry into that bloody tfanfaclion, which I truft this fecond publication will now accomplish, and becaufe I think this free nation has a right to be fully informed of the conduct of adminif- tration in fo important a concern as the lofs of the lives of many fubjects. Admi- niftration complains of me for having published the letter of the Secretaiy of State. I complain to the nation that fuch a letter has been written. This is not a letter on any perlbnal bufmefs or pleafure. I would have fcorned to have published any fuch. This letter was from a Secretary of State to the Chairman of the Quarter SelTions at Lambeth, and is written in characters of blood. It affects deeply the confti- tution of this country, and every man in our ifland. I will at prefent leave it to the heaeft indignation of every Englifhman. I fhall now only add, that if I have not given to the public a moft accurate and faithful copy, 1 afk pardon of the Se- cretaiy of State. If I have, then I will fay, that for the innocent blood of our c*ountrymen fpilt in confequence of that letter, the writer of it ought to a(k firgive- nefs of God and his country, and pafs the remainder of -his life in penitence and tears. Extract from the Journals of Feb. 3, 1769, vol. XXXII. page 175. Evidence was given to the Houfe, by two of their members in their places, that the letter printed in the faid newfpaper is an exafi co y of the original letter ad 'refled to, and received by, Daniel Ponton, Efquire, Chairman of the Quarter Seilions at Lambeth. The Speech of Mr. Wilkes, when a Prifoner, at the Bar of the Houfe of Commons, Feb. 3, '1769- Mr. Speaker, I acknowledge that I tranfmitted to the prefs the Lt-t-r of the Secretaiy of Stale, Lord Weymodlh, and that I wrote and published the P-.f.tary Remarks to it; and, fir, whenever' a Secretary of State fhall dare to write fo bloody a fcroll, I will through life dare to write fuch P'tfitw Remarks, as well as to make 'my appeal to the nation on the occalion. I a(k pardon, fir, that I made ufe of too mild and gentle exprenlons, when I mentioned fo wicked, fo inhuman, fo cowardly a maf- facre, as that in St. George's Fields on the icth of May. I pledge myfelf to the Houfe, that whenever a day 'hall be appointed to go into this important inquiry, I will bring evidence here to prove the truth of every word I have affeited. I hope the Houfe, fir, will fend for Mr. Ponton, and examine him, whether !ie did or did not receive that letter from the Secretary of Sta:e. If he anfwer- m the af- firmative, I am fare, from the \irtus of this Houfe, thr.t the)' will immediately order an impeachment againft the Secretaiy to be carried up to the Bar of the Houfe of Peers. C 4 Extucl ( 24 ) a- 1 he was declared by a majority of the Houfe inca- pab 'e of being elected into that Parliament. Not with- ftanding this refolution of the Houfe, he was a third time, on the 1 6th of March, elected without oppoiition ; for I fuppofe the ridiculous attempt of a * Mr. Uingley, who had not a fingle freeholder to propofe, or vote for him, can hardly be called an oppoiition. That elec- ti n however was declared void the next day. On the 1 3th of April Mr. Wilkes was a fourth time elected, by a majority of 1 143 votes againft Mr. Luttrell, who had only 296. The fame day this Houfe -J- voted, Extract from the Journals of Feb. 2, 1769, vol. XXXII. page 176. Refolved, That the Jnt-:dufl\ n to the copy of a Letter, addreffed to Danid Pontjjn, rfquire, Chairman of the Quarter Sellions at Lambeth, and doted St. Ja-nes's, the 17^ of April 17^8, contained in a certain newfpaper, intituled, " The St. {. -.ir-le, or che Britiib. Evening Poft, from Thursday Decem- " her t ! e 8th, to Ssf.irc'ay, Derrrnber the loth, 1768, printed by Henry Baldwin, ' at the Britanr.h l-ri.^ln~-Gffi:e, No. 108, Fleet-Street," of which Jntrfdufll.n John WUkeF, Efqir.re, a Member of t'., s Houfe, has now at the Bar of this Houfe cr .-'; lei 1 , liimfelf to be the author and ;-'uMifher, is an iruclent, fcandalous, and fe- diclous libe 1 , tending to in^ame and ftir up the minds of his Majefty's fubjects to (edition, and to a total mhverfion of all good order and legal government. Extract from the Journals of Feb. ?, 1769, vol. XXXIJ. page 178. A motion being made, and the queftion being put, that John Wilkes, Efquire, a cr of this L'oufe, who hath at the Bar of this Houfe confeffed himfclf to be t' - uthor and puMi.'.^er of what this Houfe has refolved to be an infolent, fcan- diilous, and feditious libel, &c. &c. &c. b? expelled tb'n toufe. The Koufe divided. Tellers for the Yeas 5 Lord F derick Campbell,? t Mr. Stevens. 5 y So it was refolved in the affirmative. * This unfortunate pcrfon had been perfoaded by the Duke of Grafton to fet up for Middlefex, his grace being determined to feat him in the Houfe of Commons, if ; but a fingle vote. It happened. unluckily that he could not prevail upon any r to put him in nomination. Junius, vol. I. p. 60. t S.; Norton, when it was propofcd to punifh the Sheriffs, declared in tie Houfe of Commons, that they, in returning Mr. Wilkes, had done no more than SKir duty. Junius, vol. I. p. 70. " that " that Mr. Lut.tr.ell ought to have keen returned." On the 29th of April, a Petit ion was preferred to the Houfe from the freeholders of Middlefex by a worthy Baronet -*, who is not only an honour to this Houfe, but to human nature ; notwithstanding which, the Houfe on the 8th of May refolved, " that Henry " Lawes Luttrell, Efquire, is duly eledted a Knight " of the Shire to ferve in this prefent Parliament for " the county of Middlefex." Thefe, fir, are the great outlines, the leading facts. I will not trouble the Clerk to read all the refolutions, to which I have alluded. They are frefh, I am per- fuaded, in the memories of gentlemen. I only call for that of Feb. 17, 1769, refpedling incapacity as the certain confequence Qtexpuljion [The Clerk read the Refolution.] Now, Sir, I think it fair to ftate to the Houfe the whole of what I intend to move in confequence of the facts ftated, and the refolution juft read. The firft motion I intend is, " that the Refolution of this Houfe " of the i7th of February, 1769, That John ^Vilkes^ fl Efquire^ having been, in this Sejfion of Parliament, ex- (< felled this Houfe, was, and is, incapable of being elefted " a member to ferve in this prefent Parliament, be ex- " punged from the Journals of this Houfe, as being fub- ( ' verfive of the rights of the whole body of electors of " this kingdom." This I hold of necefftty to reilore the conftitution, which that Refolution tears up by the roots. I lhall then, if I fucceed, if juftice and a reverence far * Sir George Sayile, B^onet ; Member for Yorkfhire. the the constitution prevail in this Parliament, proceed to the other Motion, " That all the declarations, orders., ?' and refolutions of this Houfe, refpecting the election " of John Wilkes, Efquire, for the County of Middle- " fex, as a void election, the c|ue and legal election of * e Henrv Lawes Luttrell, Efquire, into the laft Parlia- " ment, for the County of Middlefex, and the incapa- < city of John Wilkes, Efquire, to be elected a Metn- " ber to ferve in the faid Parliament, be expunged " from the Journals of this Houfe, as being fubvec- " five of the rights of the whole body of electors^ of " this kingdom.'* The words of the Refolution of the i yth of February 1769, which I mean more particularly to combat, are, 44 ivas and is incapable/' and the explanation of them the fame day in the order for a new writ, " in the room of " John Wilkes, fquire, who is adjudged incapable " of being elected a Member to ferve in this prefent " Parliament." In the firft formation of this govern- ment, in the original fettlement of our conftitution, the people expreffly referved to themfelves a very con- fiderable part of the legiflative power, which they con- fented to fhare jointly with a King and Houfe of Lords. From the great population of our ifland this right could not be claimed and exercifed perfonaHy, and therefore the many were compelled to delegate that power to a few, who thus were chofen their deputies and agents only, their reprefentatives. It follows, from the very idea of a choice, that fuch choice mufl be free and uncontrouled, admitting of no reftridtions, but the law of the land, to which the King and the Lords are equally fubjecl:, and what muft arife from the na- ture of the truft. A Peer of Parliament, for inflance, cannot ( 7 ) carmot be ele&ed a Member of the Houfe of Com- mons, becaufe he already forms a part of another branch of the fame legiflative body. A lunatic has a natural incapacity. Other inftances might be men- tioned, but thefe two are fufficient. The freedom of election is then the common right of the people of England, their fair and juft lhare of power; and I hold it to be the moil glorious inheritance of every fubject of this realm, the nobleft, and, I truft, the moil folid part of that beautiful fabric, the Engliih conftitution. Here I might lean, fir, on the moft refpectable autho- rities which can be cited, the fupreme judicature of this kingdom, and the venerable judges of former ages as well as of our own times. / met them accidentally this morning in the courje of my reading, as an old friend * of Wilkes and Liberty, now alas ! loft to every fenfe of (duty to his country, frequently tells another great af- fembly, that he accidentally meets in this manner all his tirefome quotations. , The Houfe of Peers, fir, in the * The Duke of Grafton. Junius in a letter to his Grace of May 30, 1769, fays, f you complained that your friend, Mr. Wilk.es, who had furfered fo much for the " party, had been abandoned to his fate - as for Mr. Wilkes, it is, perh ps, the greateft '.' misfortune of his life, that you fhould have fo many compensations to make in the " clofet for your former friend/hip with him. Your gracious mafter underftands " your chancier, and makes you a persecutor; becaufe you have been a_/V*W." Vol. I. p. 79. Now, my Lord, let me aflc you, Has it never occurred to your Grace, while you were withdrawing this defperate wretch [Mac >uirk'] from that juilice which the laws had awarded, and which the whole people of England demanded againfl him, that there is another man, who is tbe favourite, of Us wintry, whofe pardon would have been accepted with gratitude, whofe pardon would have healed all our divi- fions ? Have you quite forgotten tliat this man was once your Grace's/r/n// or is it to murderers only that you will extend the mercy of the crown ? Vol. I. p. 59. Was he [the Duke of Grafton] not the bof^m friend of Mr. Wilkes, whom he now purfues to deftruclion ? Vol. I. p. 89. ' -The Duke of Grafton took the office of Secretary of State, with an engagement to fupport the Marquis of Rockingham's adminiftration. He refigned however in a little time, under pretence that he could not act without Lord Chatham, nor tear t ret Mr, Wtlkti abandoned. Junius, vol. I. p. 5. note. cafe cafe of Afhby and White in 1 704, determined, (i a " man has a right to his freehold by the common " law; and the law having annexed his right of " voting to his freehold, it is of the nature of his *' freehold, and muft depend upon it." On the fame occafion likewiie they declared, " it is abfurd to fay, "the eleftors right of chufmg is founded upon the " law and cuftom of parliament. It is an original right, " fart of tbe conjiitution of the kingdom, as much as a "parliament is, and from whence the perfons elected " to ferve in parliament do derive their authority, and tf can have no other but that which is given to them " by thofe that have the original right to chufe them.'* The greatefl law authorities, both ancient and modern, agree in the opinion, that every fubject of the realm, not difqualified by law, is eligible of common right. Lord Coke, Lord Chief Juflice Holt, and Mr. Black- ilone *, are the only authorities which 1 fliall cite. I re- gard not, iir, the flavifh, 'courtly do&rines propagated by lawyers in either houfe of Parliament, as to the rights of the fubjedt, no more than I do as to what * Doctor Blackftone is Solicitor to the Queen. The Doctor recolle&ed that he had a place to prefcrve, though he forgot that he had a reputation to lofe. We have now the ftood fortune to underftand the Doctor's principles as well as writings. For the defence of truth, of law, of reafon, the Doctor's book may be fafely confulted ; but whoever wifhes to cheat a neighbour of his eftate, or to rob a country of its rights, need make no fcruple of confuting the Doctor himfelf. Junius,vol. I- p. 93. Mr. Grenville quoted a pafiage from the Doctor's excellent Comtntntarie;, which direilly contradicted the doctrine maintained by the Doctor iu the Houfe of Com- mons. Page 122. In the Cownentarits, after a long enumeration of ififqualifkations, it is added, " But, fubju^ to thefc 7-eftridlions and difqualifi.cations, every fubject of the realm is eligi- " ble of cnmmon rigb'." Cotnmentaries on the Laws of England. By William Blackilone, Efq; Vinerian Profi-iior of La\v, and Solicitor-Gkiieral to toe Queen, 4X0 aution, printed aC Oxford in 1768, vol. I. page 176. they pronounce high treafon and rebellion. Such doc- trines are delivered here only to be reported el few he re. Thefe men have their reward. But the venal tongue of a proftitute advocate or judge is beft anfwered by the wife and fober pen of the fame man, when in a for- mer cool moment, unheated by party rage or faction, after the fulleft deliberation, he gave to the nation, to the prefent age, and to pofterity, a fair and impartial- detail of their undoubted rights, and when he laid down in clear and exprefs terms the plain law of the land. Lord Coke fays, " He which is eligible of corn- fc mon right, cannot be difabled by the faid ordinance fe in Parliament, unlefs it had been by act of Parlia* " ment." Lord Chief Juflice Holt declares, " the. ff election of knights belongs to the freeholders of> " counties ; and it is an original right, veiled in and. " infeparable from the freehold, and can no more be " fevered from their freehold, than their freehold it- " felf can be taken away." Mr. Juftice Blackftone, in the firft book of his Commentaries on the laws of En- gland, has the following words, " fubjedt to thefe re- " ftri&ions and difqualifications, every fubjecl: of the " realm is eligible of common right* This common right of the fubjecl:, fir, was violated by the majority of the laft houfe of Commons; and I affirm, that they, and in particular, if I am rightly informed, the * no- ble Lord with the blue ribband, committed by that .* This is a miftake. Lord Stanly, now Earl of Derby, declared -at tliat time in the Houfe of Commons, " That the worthy magiilrate [the Lord Mayor,- Mr. " JVtlket'] wasmiftak.n in afcribing to the noble Lord with the blue ribband thatde- ciaration. It was his father, the late Lord Strange ,who made ufc of tint expcef. fion." ( 3 ) aft fagb treafon againjl Magna Cbarta. This houfe only, without the interference of the other part c of the legif- lature, took upon them to make the law. They ad- judged me incapable of being eledted a member to ferve in that Parliament, although I was qualified by the law of the land, and the noble Lord declared in this houfe, " if any other candidate had oiily fix votes, he " would feat him for Middlefex." I repeat it, fir, this Violence was a direct infringement of Magna Charta, high treafon againft the facred charter of our li- berties. The words, to which I allude, ought always to be written in letters of gold : " No freeman fhall " be ditfeifced of his freehold, or liberties, or free cuf- ** toms, unlefs by the lawful judgment of his peers, or " by the law of the tend." By tlie cohdudt of that majority, and of the noble Lord, they afuimed to them- felvts the power of making the law, and at the fame moment invaded the rights of the People, the King, and the Lords. The two laft tamely acquiefced in the Gcnersl Fitzroy, Member for Thetford, and Vice-Chamberlain to the Queen, like- vile aflerted, tf That the mag'iftratc \v:e alto miftaken in attributing his cxp'.ifion to ' " the noble Lord with the blue ribband, for itwasajuft, znAtiie favourite, meafureof " the noble Duke, his brother, who was then Minifter." The Lord Mayor, Mr. Wilkn, replied, that what one brother had, perhaps with more truth than difcretion, confeffed of the other,' ought to be the fubject of an impeachment from all the Com- mons of England againft the Duke of Grafton, on the very evidence of the Member who fpoke laft; and he expatiated on the infolence, as he termed it, of a Peer's inter-* fering in the elections and privileges of the Common?, and of declaring tuba Jhould fit in that Houfe. Such barefaced ufurpations on the rights of the people were, he faid, the old genuine Smart maxims, \uhich he hoped had taken their flight at the acceflion of the Brunfwick line. He concluded, that the Houfe ought to be alarmed at this open avowal, that the expulfion of one of their members was ?.favtur:te meafure of an arbitrary Minifter, the Member of another Houfe, and predetermined in another* place ; that lie could not fupprcf s his indignation, that any man coiild entertain the idea of deriving a kind of imputed family merit from a violation of the law? of his country perpetrated by a brother ; and that the approbation and voluntary confeflion of a crime commuted by another, but almoft incapable of proof, argued a degree of folly moft juftly the object of pity, but a total want of principle, with excited horror. 2 exercife exercife of a power, which had been in a great inftance fatal to their predeceffors, had put an end to their very exiftence; but the people, fir, and in particular trie fpirited freeholders of this county, whofe ruling paflion is the love of liberty, have not yet forgiven the attack on their rights. So dangerous a precedent, of ufurped power, which may in future times be cited and adopted in pra&ice by a defpotic minifter of the crown, ought to be expunged from the Journals of this Houfe. I have heard and read rrwch of precedents to juftify the proceedings of the laft Houfe of Commons. I own, lir, I value very little the doctrine of * precedents. There is fcarcely any new villainy under the fun. A precedent can never juftify any action in itfelf wicked, a robbery for inftance on the heaths of Hounflow or Bagfhot, of which there are innumerable precedents. The bafeft actions may be juftified by precedents drawn from bad times and bad men. The fole queftion is, Whether this power is not a diret ufurpation on the rights of the people? If that is proved, I care not how long the ufurpation has continued, how often been praftifed. It is high time to put an end to it. It was the cafe of General Warrants. One precedent however, the moft infifted upon, I muft take notice of, becaufe it is faid fully to come up to the point, but, in my opinion, iri almoft every part it proves the contrary of what it has been brought to fupport. I mean the remarkable cafe of Mr. Walpole in 1 7 1 1 , a period, in which the rankeft Tory principles were countenanced more than in any other of our hiftory prior to 1760. The cafe, fir, has * One precedent creates another. They foon accumulate and conftitute Law. What yefterday was fedl, to-c!. y i? doctrine. Junius, Dedication to the Engli/h nation, p. 3. beer} been fo partially quoted, even by a * perfon whofe folo merit here was an aiTumed accuracy, which he never poffefled, that I ihall deiire it may be read to the Houfe from the Journals. [The Clerk read,] " Refolved, that Robert Walpole, Efquire, having " been, this feffion of Parliament, committed a prifoner " to the Tower of London, and expelled this Houfe, "for an high breach of truft in the execution of his office, " and notorious corruption, when Secretary at War, was " and is incapable of being elected a Member to ferve " in the prefent Parliament." Now, fir, I mufl obferve, that even that Houfe of Common's, at an zera fo hoftile to the liberties not only of England but of Europe, did not venture to adjudge Mr. Walpole incapable of being elected a member to ferve in that Parliament only becaufe he was expelled ; but in the body of the Refolution itfelf they added ano- ther reafon, which would be trifling, if the former was fufficient and adequate to the point, the high breach of irujl in the execution of bis office, and notorious corruption, * Jirerrtiab Dyfrn, Efq; formerly Clerk of the Houfe of Commons, Member in the prefent Parliament for Horfham in Sullex. I: is well worth remarking that the compiler of a certain quarto, called The cafe tftbe lafi eleflionfor the canny -f MidJlefex conjiderc;!, has the impudence to recite this very vote, in the following terms, (vide page u) " Refolved, that Robert Walpole, " Efq; having been -that leffion of parliament expelled the Houfe, was and is inca- " paWe of being elc&ecl a member 'to ferve in the prefent parliament." There can- not be a ftronger pofitive proof of the trta b'ry of the compiler, nor a ftronger pre- fumptivc proof that he was convinced that the vote, if truly recited, would overturn his 'whole 1 argument. Junius, vol. I. p. 145. After convicting Mr. Dyfnn of giving a falfe quotation from the journals, and hav- ing explained the purpofe, which that ctnttmptibit fraitd was intended to accomplilh, I when ( 33 ) t1t>en -Secretary at War. As truftees for the nation, they affigned a public caufe, which muft intereft every member of the community. In the cafe of Mr. Wilkes, the laft Houfe of Commons declared, " that " John Wilkes, Efquire, having been, in this Seffion " of Parliament, expelled this Houfe, was and is in- " capable of being elected a Member to ferve in this " prefent Parliament*." The having been expelled, whether juftly or unjuftly, is the only reafon, which they gave to the world. I lhall not yet, fir, difmifs the cafe of Mr. Walpole. It will prove another pro- pofition maintained by me : it will Ihew the injuflice of the late Houfe of Commons in feating Mr. Luttrell, as Reprefentative for the County of Middlefex. The fad: was, that the Houfe in Queen Anne's time, having expelled Mr. Walpole, ordered immediately the iffu- ing of a new writ. At the fubfequent election Mr. Walpole was again returned. A Mr. Taylor, who had a minority of votes, petitioned ; but the election was vacated. Had the doctrine propagated by the late majority, and by the noble Lord with the blue ribband, been juft and founded, Mr. Taylor ought to have been the fitting member, the Houfe Ihould have refolved that he ought to have been returned, and that the groffeft injuftice had actually been committed againft him. But even that Parliament, whofe me- mory the nation execrates, flopped fhort in their career of iniquity, and did not proceed to fuch enormous wickednefs. It was referved for the prefent ra, when fhame has loft its bluih. Mr. Luttrell was for fome years permitted *> fit here as reprefenting the County of Middlefex, although a great majority of the free- holders abhorred and reprobated the idea of bis repre- D fenting ( 34 } fcnting them, on every public occafion declared it, and in their Petition to this Houfegave the record of it under their hands to all pofterity. Sir, when the flrong, imanfwerable reafons, on which any dodrine is founded, bear me out, I care little about precedents. I recoiled: however another inftance in more aufpicious times, when a glorious monarch de- fended the conflitution, which he had reftored. It di- rectly meets the objection fo much relied upon; " that " expulfton neceffarily implies incapacity" It is the laft,. which I fhall delire the Clerk to read, I wifh him to turn to the Journals of Feb. 20, 1698, [The Clerk read*,] i( Refolved, that Richard Woollafton, Efquire, being " a Member of this Houfe of Commons, and having " fmce been concerned, and aded, as a receiver of the " duties upon houfes, as alfo upon births, marriages, " and burials, contrary to the Ad, made in the fifth " and lixth years of his Majefty's reign, for granting " feveral duties upon fait, beer, ale, and other liquors, <( be expelled this Hoitfc" Now, fir, I defy all the fubtlety of the moft expert court lawyer among us, all the fophiftry of the bar, to- reconcile Mr. Woolafton's cafe with the favourite court tenet, " that cxpulfion necefTarily implies incapacity" The fad is afccrtained, and indeed admitted, that a new writ did ilfue for the borough of Whitchurch in HampflTtire, and that Mr. Woollafton was re-eleded, and fat in the fame Parliament. Incapacity therefore in the fame Parliament does not neceflarily follow ex- fulfion. 7 I am t 35 ) I am ready to admit, that, where a clear legal incapa- city exifts, all votes given to a perfon incapacitated are thrown away, if they are knowingly given to him. But, fir, I beg leave to aflert, that this was not the cafe in the Middlefex bufinefs* Mr. Wilkes was qualified by the law of the land ; and the freeholders, who per- fectly underftood the clear point of law, as well as their own rights, expreffly declared in the Petition pre- fented on the 29th of April 1769 to the Houfe, " Your " Petitioners beg leave to reprefent to this honourable " Houfej that the faid Henry Lawes Luttrell had not " the majority of legal votes at the faid election, nor ** did the majority of the freeholders, when they voted " for John Wilkes, Efquire, mean thereby to throw fl away their votes, or to wave their right of reprefen- ft tation; nor would they, by any means, have chofen "" to be reprefented by the faid Henry Lawes Luttrell, *' Efquire. Your Petitioners therefore apprehend he " cannot fit as the reprefentative of the faid County in *' Parliament) without a manifeft infringement of the * f rights and privileges of the freeholders thereof." This Houfe, fir, is created by the people, as the other is by the King. What right can the majority have to fay to any county, city, or borough, you lhall not have a particular perfon to be your reprefentative, only becaufe he is obnoxious to us, when he is quali- fied by law ? Every county, city, or borough, has an equal right with all other counties, cities, and bo- roughsj to its own choice, to its own diftincf deputy in the great council of the nation* Each is free and D independent, invefted with preciiely the fame powers. I do not mean, fir, now to enter into the argument, Whether it may not be fit to give this Houfe the power JD 2 of ( 36 > of expullion in the firft inftance, for very flagrant arid infamous crimes, either committed, or of which the member may be convicted, fubfequent to his election. The fending the member back to his condiments on fuch ground might be conlidered as an appeal to the people. If however his conftituents fhould differ in- opinion from the majority of this Houfe, if they fhould' think him fit to be re-elected, he ought to be admit- ted, becaufe he claims his feat under the fame autho- rity by which every member holds the privilege of fit- ting and voting here, a delegation from the people, their free choice. The firft appeal to the conftituents might in many cafes appear juft and reafonable. The appeal certainly lies to them, for they are the fountain of this power. We exercife their right. By their re- prefentation only we are a Houfe of Parliament. They have the right of chufmg for themfelves, not a Majo- rity here for them. Sir, I will venture to aflert, that the law of the land, by which all courts of judicature are equally bound, is overturned by the power lately exercifed by a Majority of a Houfe of Commons. The right of election by law is vefted in the freehold. It is not placed in you, but in other hands, in thofe of the freeholders, or the conftituents. Your predecelibrs not only robbed a particular county of its nobleft privileges, but they changed the conftitution of a Houfe of Commons. The freeholders of this county and the nation abhorred the proceeding, and poured their execrations on the treacherous authors. From us not only they, but the law and confdtution, now expect a full reparation of the injury, by refcinding the Refolution. This ( 3.7 ) This ufurpation, if acquiefced under, would be at- tended with the moft alarming confequences. If you can reject thofe difagreeable to a majority, and expel whom you pleafe, the Houfe of Commons will beyHf- created and felf-exift-ing. You may expel till you ap- prove, and thus in effect you nominate. The original idea of this Houfe being the reprefentative of the com- mons of the realm will be loft. The confequences of fuch a principle are dangerous in the extreme. A more forcible engine of defpotifm cannot be put into the hands of a Minifter. I wiih gentlemen would at- tend to the plain confequences of fuch proceedings, z;nd canfider how they may be brought home to them- felves. A member hated, or dreaded, by the minifter, is accufed of a crime ; for inftance, of being the author of what he thinks a libel. I feleft this cafe, as 'being; the crime the leaft likely to be committed by any one gentleman of the prefent majority of this Houfe. No proof whatever is given on oath before you, be- caufe you cannot adminifter an oath, except in the cafes provided for by adt of Parliament. You deter- mine the/: JWh.<, from the Huttings at Guild- hall, to the COMMON HALL, April 5, 1775. Gentlemen of tbs Livery) It would iil become me on this important day to take up rriuch of your time. I very readily compiled with the requeft of feveral refpedlahle Citizens to call this Common Hall, from every feeling of jufticeand hnrnanity to oiir persecuted brethrei} in America^ and the, ital fonfequences I forefee of theiviolent proceedings now carrying on, xvhich muft fo deeply affecT: the profperity, not i:nly of this, the firil Opmmercial city in ths vv'orld, but likewile the whole kin^'.!prq. I \vill only, gen-: tlemen, ( 4J } fnduftry'of near three millions of fubjecU, which rered here. "That commerce has already taken its flight, and our American merchants are now deploring the confequences of a wretched policy, which has been, purfued to their destruction. It is, fir, no lefs ruinous with regard to the enormous expence of the fleets and armies necefifary for this nefarious undertaking, and of confequence the enormous fupplies to be raifed *, fo that we are wafting our prefent wealth, while we are destroying the fources of all we might have in future. An humane mind muft contemplate with tlemen, beg leave to read to yon, from yarn- own records on this fubjecl, the words of a petition from this Metropolis to both Houfes of Parliament, long before ti\s prefent unhappy conteft between the Mother Country and ner American Caloaiet began, fo long ago as the year 1739. " The Citizens of London are too deeply interefted in whatever affe<5b the f trade of this nation not to exprefs the utmoft anxiety for the welfare of that only f fource of our riches. The petitioners apprehend, that the trade from thefe His ." Majefty's kingdoms to His American Colonies, is of the u'mtft importance, and alms/I f f the only profitable trade this nation wiv in/oys unrivalled by others." If, Gentlemen, the trade to our American Cahnies near forty years ago was, accord- ing to the declared opinion of this Metropolis, of fuch importance, the amazing en- tries for feveral late years made in the books of the Cuftom-houfe, which are al- moft daily before yur eye?, will befl demonftrate to what an immenfe magnitude it is fince grown, and that fuch an objedl calls for our moft earneft, unwearied attention and regard. Whatever yoxir determinations may be, you may be affured of the hearty concurrence of your Chief Magistrate. * In the Speech from the Throne on the fame day His Majefty declared, ," among the many unavoidable ill confequences of this Rebell'tor, none ajfefls m " more fenfibly than the extraordinaiy burthen which it muft create to my faithful " Hibjecls." This paffage is a clear demonftration, that the Speech from the Throne muft be conndered as the Speech of the Minifter, not rf the Sovereign. The Minifler, who controls the finances of a ftate, would naturally dwell on the great expence of a rebellious war; but a good and humane King, who loved his people, would be more fenfik.'y affixed by the idea of the cruel effufion of the blood, and the lofs of the lives, of many thowfands of his fubjects. En 1744, Menin eft attaque par les Franjois. On dit a I.ouis XV qu'en brufquant une attaque qui coutera quelques hommes, 0:1 fera quatre jours plut6t dans la ville. " Eh bien," dit le Roi, " prenons-la quatre jours plus taix'. ; f j'airae mieux perdre quatre jours devant iuie place, qu'un feul de mes fajets." Journal de LOTUS XV. agony ( 44 ) agony the dreadful calamities and convulfions, which are the confequence of every civil war, and efpecially a civil war of this magnitude and extent. I fpeak, fir, as a firm friend to England and Ame- rica, but ftill more to univerfal liberty, and the rights of all mankind. I truft no part of the fubjects of this vaft empire will ever fubmit to be Haves, I am fure the Americans are too high-fpirited to brook the idea. Your whole power, and that of your allies, if you had any, even of all the German troops, of all the ruffians from the North, whom you can hire, cannot effect fo wicked a purpofe. The conduct of the prefent ad- miniftration has already wrefted the fceptre of America put of th*' hands of our Sovereign, and he has now fcarcely even a poftmafter left in that whole northern continent. More than half the empire is already loft, and almoft all the reft in confufion and anarchy. The miniftry have brought our Sovereign into a more dif- graceful iituation than any crowned heacj now living. He alone has already loft, by their fatal counfels, more territory than the three great united powers of Kuffia, Auftria, and Pruffia, have together by a wicked confederacy robbed Poland of, and by equal acts of violence and injuftice from adminiftration. England was never engaged in a conteft of fuch im- portance to our rnoft valuable concerns and pofTeflions. We are righting for the fubje&ion, the unconditional fubmilfion, of a country infinitely more extended than our own, of which every day increafes the wealth, the natural ftrengch, the population. Should we not fuc- ceed, it will be a lofs never enough to be deplored, a bofom friendlhip foured to hate and refentment. We fliall be coniidered as their moft implacable enemies, an 45 ) art eternal feparation will follow, and the grandeur o the Britifh empire pafs away. Succefs, final fuccefs, feems to me not equivocal, not uncertain, but impof fible. However we may difier among ourfelves, they are perfectly united. On this fide the Atlantic party- rage unhappily divides us, but one foul animates the vaft northern continent of America, the general con- grefs, and each provincial afTembly. An appeal has been made to the fword ; and at the clofe of the laft campaign what have we conquered ? Bunker's Hill only, and with the lofs of 1 200 men. Are we to pay as dearly for the reft of America ? The idea of the conqueft of that immenfe continent is as romantic as unjuft. The honourable gentleman *, who moved the Ad- drefs, fays, " the Americans have been treated with " lenity." Will facts juftify the aflertion ? Was your Bofton port Bill a meafure of lenity ? Was yaw fijbety. Bill a meafure of lenity ? Was your Bill/or taking away the charter of the MaJJachufet's Bay a meafure of lenity, or even juftice ? I omit your many other grofs provo- cations and infults, by which the brave Americans have been driven into their prefent ftate. He afferts that they avow a difpofition to be independent. On the contrary, fir, all the declarations, both of the late and the prefent congrefs -f-, uniformly tend to this one object, of being put on the fame footing the Americans were in the year 1763 J. This has been their only de- mand, * John Dyke Acland, Efq. Member for Callington, in Cornwall. f The firft Congrefs was held Sept. 5, 1774, at Philadelphia. The fecond May 10, 1775, | Quelt. What was the temper of America towards Q reat Britain kfm tbe ysar 1763 ? Anfw- C 4 )' filand, from which they have never varied. Their daily prayers and petitions are for liberty, peace, and fafety. I ufe the words of the Congrefs the laft year* Theyjuftly expect to be put on an equal footing with the other fubjefts of the empire, and are willing to come into any fair agreement with you in commercial concerns. If you confine all our trade to yourfelves, fay they ; if you make a monopoly of our commerce j if you fhut all the other ports cf the world againft us, do not tax us likewife. If you tax us, then give us a free trade, fuch as >ou enjoy yourfelves. Let us have equal advantages of commerce, all other ports open to us ; then we can, and will, chearfully, voluntarily pay taxes. You will have a free-will offering given with pleafure, not grudgingly. It muft give, fir, every man who loves this country, the deepeft concern at the naming in the Addrefs foreign troops, Hanoverians and Heffians, who are noav called to interfere in our domeflic quarrels, not to dwell this day on the illegality of the meafure, the danger" and diigrace attending foreign mercenaries. The militia, indeed, are we are told to be now employed, and that noble infdtution is at prefent complimented by minif- ters, but we know they hate the very name of a militia t and that meafure is adopted only becaufe the embody- Anfw. The heft in the world. They ftibmitted willingly to the government of the Crown, anil p:tid, in all their courts, obedience to Aifts of Parliament. Nu- merous as the people are in the feveral old provinces, they coft you nothing in forts, citadels, ^arrifons, or armies, to keep them in fubjcc'tion. They were ge- jrond the Europeans. He declared likewife, that (ingle province had actually enrolled 20,000 men in arms, embodied, but not in pay, and had 4000 minute men ready on the firft notice of any danger.- The authentic accounts of the preparations for the forming, training, and difciplining troops in the Maflachufets Bay and ifi Virginia are equally formidable, nor are they inconfi- derable in the other united provinces* Every idea of force therefore on our fide muft appear infatuation. All wife legiilators, fir, have calculated the flrength of a nation from the number of its inhabitants, the la- borious, flrcng, and active. The population in molt parts of America is doubled in the courfe of nineteen or twenty years ; while that of this ifland is known ra- ther to have decreafed iince the year 1692. The emi- grations of late from the three kingdoms have been amazing and alarming. Our own people have fled in multitudes from a government, under which they ftarved. It appears from the niceft calculations, that many more of our fellow-fubjects have voluntarily left this kingdom for America never to return than I believe adminiftration has hitherto fent in their pay both of fleets and armies never to return in any confiderable proportion I n^an of the force fent. The Americans, fir, are a pious and religious people. With much ardour and fuccefs they follow the firft great command of Heaven, Be fruitful, and multiply. While they are fervent in thefe devout exercifes, while the men continue enterprifing and healthy, the women kind and prolific^ all your attempts to fubdue them by force will be ridiculous and unavailing, will be regarded by them with fcorn and abhorrence. They are daily 2 ftrength- flrengthening ; and if you lofe the prefent moment of reconciliation, to which this motion tends, you lofe alL America may now be reclaimed or regained, but cannot be fubdued. Gentlemen, fir, do not feem to have confidered the aftonifhing difadvantages, under which we engage in this contefl againft the combined powers of America, not only from the diftance and natural ftr>ength of the country, but the peculiar and fortunate circu-mftances. of a young, rifing empire. The Congrefs^fir, have not the monftrous load of a debt of above one hundred and forty millions, like our Parliament, to ftruggle with, the very interefl of which would fwallow up all their taxes ! nor a numerous and hungry band of ufelefs- placemen and peniioners to provide for; nor has luxury yet enervated their minds or bodies.. Every Ihilling; which they raife will go to the man who fights the battles of his country. They fet out like a young heir with a noble landed eftate, unincumbered with enor- mous family debts ; while we appear the poor, old, feeble, exhaufted, and ruined parent, but exhaufted 1 and ruined by our own wickednefs, prodigality, and profligacy. Sir, I daily hear the Americans, who glow with a. divine zeal for liberty in all its branches, mifrepre- fented in this Houfe, and the oftenfible minifter is dili- gent in propagating the moil \injuft calumnies againflr them. The noble lord with the blue ribband told us y t\\e liberty of the prefs was loft throughout America Trig- Boble lord deceives us in this, as in many other things. From experience we know that his intelligence can- never be relied upon. The liberty of the prefs, the bulwark of all our liberties., is loft only in Bofton, for his ( 53 ) Ms lordihip's minifterial troops govern there only. The prefs is free at Water-Town, but feven miles diftant from Bofton, at Philadelphia, Newport, Williamf- burgh, and in the reft of North America. I will give the Houfe the demonftration. General Gage's fooliih and contemptible proclamation againft Samuel Adams and John Hancock, two worthy gentlemen, and, I dare to add, true patriots, even that proclamation, declar- ing them rebels and traitors, while the generals Wafli- ington, Putnam and Lee, with all the naval comman- ders inarms, were unnoticed by him, appears reprinted in all the American papers. His letters likewife to Governor Turnbul! and others, in which he mod heroi- cally apologized for his inert conduclr, as neceffaryfof the protection of the army the protection of an army! and of an army, which we were taught to believe would look all oppofition into fubjection, awe the factious, and give fecurity to the well affected thefe letters too were all faithfully copied. I believe all the curious, futile orders he has iffued, all his unmeaning declarations and proclamations, will be found as exadt in the Pennfyl- vania,. Water- Town, and other American news-papers, as in the Gazette, publiihed by his authority at Bof- lon, which in other refpects is as partial and falfe as that of the American Secretary publiihed by authority in this capital. The * honourable gentleman, fir, who fpoke laft, fays, the " prefent addrefs is trifling, for we already " know the author and advifer of all the late meafnres " againft America; that the noble lord with the blue *' ribband will avow them, and has done it.'* I wiih to hear fuch a declaration. Will the noble lord avow * Anthony Storer, Efq; Member for Carlifle. E 3 himfelf fjimfelf the advlfer of only one of the late flagitious meafures, that of eftabliihing Popery and defpotic, power in Canada ? The father of that monftrous birth I thought had prudently hitherto chofen to remain con- cealed. He likev/ife tells ys, tf the motion now before " us is coupled with nothing, and leads to nothing." I \yill tell him what it ought to lead to, what it ought to be coupled with f \ mean an impeachment, fir, which I t;ruft will follow, as the next motion of the honourable gentleman, who fpoke firft in this debate. Whoever , as an- fwering more fully the true ends of government, Rome was enflaved from inattention to this very cir~ cumftance, and by one other fatal aft, which ought to be a flrong warning to the people, even againft their own reprefentatives, the leaving power too long in the; Jiands of the fame perfons, by which the armies of the republic became the armies of Sylla, Pompey and Cse- far. When all the burghers of Italy obtained the free- dom of Rome, and voted in public aflembU^s, their multitudes rendered the diftinction of the citizen of Rome and the alien impoflible. Their affemblies an4 deliberations became djforderly and tumultuous. Urn principled and ambitious men found out the fecret of turning them to the ruin of the Roman liberty an4 common-wealth. Among us this evil is avoided by reprefentation, and yet the juftice of the principle is pre- fer ved. Every Englifhman is fuppofed to be prefent in Parliament, either in perfon, or by a deputy chofea by himfelf, and therefore the refolution of Parliament js taken to be the refolution of every individual, and to give tp the public the confent and approbation of every free agent of the community. According to the firft formation of this excellent conftitution, fo long and fo juitly our greateft boaft and JDeft inheritance, vve find that the people thus took care no laws ihould be enacted, no taxes levied, but by their confint., expreffed by their reprefentatives in the great; councij ( 57 ) council of the nation. The mode of reprefentation in ancient times being tolerably adequate and proporti- onate, the fenfe of the people was known by that of Par- liament, their fhare of power in the legiilature being preserved, and founded in equal: juftice. At prefent it is become infufficieat, partial, and unjuft. From fo pleafmg a view as that of the equal power, which our anceftors had, with great wifdom ant] care, modelled for the commons of this realm, the prefent fcene gives us not very venerable ruins of that majeflic and beautiful fabric, the Englifh conftitution. As the whole feems in diforder and confufion, all the former union and harmony of the parts are loft or deftroyed. It appears, fir, from the writs remaining in the King's remembrancer's office in the exchequer, that no lefs than 22 towns fent members to the Parliament in the 23d, 25th, arid 26th, of Edward I. which have long /ceafed to be reprefented. The names, of fome of them are fcarcely known, to us, fuch as tliofe of Canebrig and Bamburg in Northumberland, Perfhore and Brem in Worcefterlhire, Jarvall and Tykhull in Yorkftiire. What a happy fate, fir, has attended the boroughs of Gatton am} Old Sarum, of which, although ipf# periere ruinse, the names are familiar to us, the clerk regu- larly calls them over, and four, refpecfcable gentlemen reprefent their departed greatnefs, as the knights at a- jporonation reprefent Aquitaine and Normandy?. The little town of Banbury, petite- ville, grand renom, as Rabelais fays of Chinon, has, I believe, only 17 elec- tors, yet gives us in its reprefentative *, what is of the utmoft importance to the majority here, a firft Lord of the treafury, and a Chancellor of the exchequer. Its * Lord North is Member for Banbury, influence ( 58 ) influence and weight on a divifion, I have often feen overpower the united force of the members for London, Briftol, and feveral of the moft populous counties. Eaft- Grinftead too, I think, has only about 30 electors, yet gives a feat among us to that * brave, heroic lord at the head of a great civil department, now very military, who has fully determined -J- to conquer America but not in Germany. It is not, fir, my purpofe to weary the patience of the Houfe by the refearches of an antiqua- ry into the ancient flate of our reprefentation, and its variations at different periods. I lhall only remark ihortly on what paffed in the reign of Henry VI. and ibme of his fuceeffors. In that reign, Sir John For- tefcue, his chancellor, obferved that the Houfe of Com- mons confifled of more than 300 chofen men; various alterations were made by fucceeding Kings till James II. No change has happened fince that period. Great abufes, it muft be owned, contrary to the primary ideas of the Englifh conftitution, were committed by our for- mer princes, in giving the right of reprefentation to feveral paltry boroughs, becaufe the places were poor, and dependent on them, or on a favourite overgrown peer. The land-marks of the conftitution have often been removed. The marked partiality for Cornwall, which fmgle county ftill fends, within one, as many members as the whole kingdom of Scotland, is ftrik- ing. It arofe from yielding to the crown in tin and lands a larger hereditary revenue than any other En- glifh county, as well as from the duchy being in the crown, and giving an amazing command and influence. * Lord George Germaine is Member for Eaft Grinftead. f- This feems to allude to the celebrated Expreffion of Mr. Pitt in the Houfe of Commons, that be had conjucrtd Amtr'ua in Germany. . . By ( 59 ) By fuch abufes of our princes the conftitution was wounded in its moft vital part. Henry VIII. reftored two members, Edward VL twenty, Queen Mary four, Queen Elizabeth twelve, James I. fifteen, Charles I. eighteen, in all feventy-two. The alterations by crea- tion in the fame period were more confiderable, for Henry VIII. created thirty-three, Edward VI. twenty- than that, which " confounds the uien of zfupreme and arbitrary legiflature. I need not point out to ** you the fatal purpofes to which it has been, and may be applied. If we are *' fmcere in the political creed we profefs, there are many things, which we ought *' to affirm cannot be done by King, Lords, and Commons. Among thefe I " reckon the disfranchifmg of boroughs with a general view of improvement. I " confider it as equivalent to robbing the parties concerned of their freehold, of " their birth-right. I fay that, although this birth-right may be forfeited, or the " exercrfe of it fufpended in particular cafes, it cannot be taken away, by a genera! 41 law, for any real or pretended pnrpofe of improving the conftitution. Suppofing " the attempt made, I am perfuaded you cannot mean either King, or Lordsy " Ihould take an adlive pait in it. A bill, which only touches the' reprefentation " of the people, muft originate in the Houfe of Commons. In the formation and t{ mode of pafling it, the exclufive right of the Commons muft be aflerted as fcru- " puloufly as in the cafe of a money-bill. Now, fir, I fh'ould be glad to know " by what kind of reafoning it can be proved, that there is a power vefted ift the " reprefentative to deftroy his immediate conftituent ; from whence he could " pombly derive it. A courtier, I know> would be ready to maintain the affirm-' *' ative. The doctrine fuits him exactly, becaufe it gives him an unlimited opera- " tion to the influence of the crown. But we^ Mr. Wilkes, ought to hold a dif- ** ferent language. It is no anfwer to me to fay, that the bill, when it pafles the " Houfe of Commons, is the aft of the majority, and not the reprefentatives of " the- particular boroughs concerned. If the majority can disfranchise ten boroughs, " why. not twenty, why not the whole kingdom ? Why mould not they make " their own feats in parliament for life ? When the feptennial aft puffed, the le- " giilature did what, apparently and palpably, they had no right to do ; but they " did more than people in general were aware of : they, in ellecT:, disfranchifeil ** the whole kingdom for four years. " For argument's fake, I will now fuppofe, that the expediency of the mea- " fure, and the power of parliament, are unqueftionable. Still you find an infur- *' mountable diflkulty in the execution. When all your inftruments of amputation " are prepared, when the unha^>py patient lies bound at your feet, w'itlioiiT the- ' pulibilay of rcfiftanqe, by -what infaMible rule will you direct the operation ? Whea f 65 ) the general grounds of improving the conftitution, has been doubted ; and gentlemen will aik, whether a power is lodged in the reprefentative to deftroy his im- mediate conftituent ? Such a queftion is beft anfwered by another. How originated the right, and upon what ground was it at firft granted ? Old Sarum and Gatton, for inftance, were populous towns, and there- fore the right of reprefentation was firft given them. They are now defolate, and of confequence ought not to retain a privilege, which they acquired only by their extent and populoufnefs. We ought in every thing, as far as we can, to make the theory and prac- tice of the conftitution coincide. The fupreme le- giflative body of a flate muft furely have this power inherent in itfelf. It was de faflo lately exercifed to its full extent by parliament in the cafe of Shoreham with univerfal approbation, for near a hundred corrupt voters were disfranchifed, and about twice that num- ber of freeholders admitted from the county of SuiTex. When you propofe to cut away the rotten parts, can you tell vis what parts are perfectly jound f Are there any certain limits in fact, or theory, to inform you at what point you muft flop, at what point the mortification ends ? To a man fo capable of observation and reflection as you are, it is unnecefiary to-fay all that might be faid on the fubject. Befides that I approve highly of Lord Chat- ham's idea of infujing a portion of nevt health into the conftitution tc enable it to tear in infirmities (a brilliant expreffion, and full of intrinsic wifdom), other reafons concur in perfuading me to adopt it. I have no objection, &c." The man who fairly and compleatly anfwers this argument, fhall have my thanks and my appiaufe. My heart is alreafly with him. I am ready to be con- verted^-- 1 admire his morality, and would gladly fubfcribe to the articles of hi> faith. Grateful, as I am, to the GOOD BEING, \\hofe bounty has imparted to me this reafoning intellect, whatever it is, I hold myfelf propoitionably indebted to him, from whofe enliglited underftanding another ray of knowledge communicates; to mine. But neither fhou'.d 1 think the moft exaltad faculties of the humaA mind, a gift worthy of the divinity; nor any alTiftance in the improvement of them, a~ iubject of gratitude to my fellow-creature, if I were not fatisfied, that really to iafyrm Che upderftanding corre<3s and enlarges tW bean. JOJJIU5- F It ( 66 > It will be objected, I forefec, that a time of perfect calm and peace throughout this vail empire is the moft proper to propofe internal regulations of this im- portance ; and that, while inteftine difcord rages in the whole northern continent of America, our atten- tion ought to be fixed upon that moft alarming object^ and all our efforts employed to extinguifh the devour- ing flame of a civil war. In my opinion, fir, the Ame- rican war is in this truly critical sera one of the flrongcft arguments for the regulation of our reprefentation,. which I now fubmit to the houfe. During the reft of our lives, Hkewife, I may venture to prophefy, Ame- rica will be the leading feature of this age. In our late difputes with the Americans, we have always taken it for granted, that the people of England juftified all the iniquitous, cruel, arbitrary, and mad proceedings of adminiftration, becaufe they had the approbation of the majority of this houfe. The abfurdity of fuch an argument is apparent, for the majority of this iioufe we know fpeak only the fenfe of 5723 perfons, even fuppoiing, according to the laudable conftitu- tional cuftom of our anceftors, that the conftituent . had been confulted on this great national point, as he ought to have been *. We have feen in what manner the acquiefcence of a majority here is obtained. The people in the fouthern part of this iiland amount to upwards of five millions. The fenfc, therefore, of * Many in all age?, and fometimes the \Chole body of the Commons, have re- fufed to give their opinion in fome cafes, till they had confulted with thofe that fent them ; the houles have been often adjourned to give them time to do it ; and if this u ere done more frequently, or that the towns, cities, and counties, had on. feme occafions given inflcu> : fiitu to their deputies, matters v/ould probably have better in parliament than they have often done. Algernon Sydney, 410 edition of 1763, page 424. five ( 6? ) five millions cannot be afcertained by the opinion of not 6000, even fuppofing it had been collected. The Americans with great reafon iniift, that the prefent war is carried on contrary to the fenfe of the nation, by aminifterialjunto, and an arbitrary faction, equally hoilile to the rights of Englishmen, and the claims of Americans. The various addreiles to the throne from moft numerous bodies, praying that the fvvord may be returned to the fcabbardj and all hoftilities ceafe, confirm this affertion. The capital of our country has repeatedly declared* by various public acts, its ab- horrence of the prefent unnatural civil war, begun on principles fubveriive of our constitution. Our hif- tory furniihes frequent inftances of the fenfe of Parlia- ment running directly counter to the fenfe of the na- tion. It was notorioufly of late the cafe in the bufinefs of the Middlefex election. I believe the fact to be equally certain in the grand American difpute, at leaft as to the actual hoftilities now carrying on againft our brethren and fellow-fubjects. The propolition before us will bring the cafe to an ilfue ; and from :i fair and equal reprefentation of the people, America may at length diftinguilh the real fentiments of free- men and Englifhmen. I do not mean, fir, at this time, to go into a tedious detail of all the various prppofals, which have been made for redreffing this irregularity in the reprefenta- tion of the people. I will not intrude on the indul- gence of the Houfe, which I have always found favour- able and encouraging. When the bill is brought in, and fent to a committee, it will be the proper time to examine all the minutiae of this great plan, and to de- termine on the propriety of what ought naw to be done, F 2 and and to'confider what formerly was actually accomplished. The journals of .Cromwell's Parliaments prove that a more equal reprefentation was fettled, and carried by riim into execution. That wonderful, comprehenfive mind embraced the whole of this powerful empire. Ireland was put on a par with Scotland. Each king- dom fent thirty members to a Parliament, which con- fifted likewife of four hundred from England and Wales. It was to be triennial. Our colonies were then a fpeck on the face of the globe ; now they cover half the new world. I will at this time, fir, only throw out general ideas, that every free agent in this kingdom ihould, in my wifli, be reprefented in Parliament; that the metropolis, which contains in itfelf a ninth part of the people, and the counties of Middlefex, York, and others, which fo greatly abound with inhabitants, Ihould receive an increafe in their reprefentation; that the mean, and inhgnificant boroughs, fo emphatically ftyled the rotten part of our conftitution, fhould be lop- ped "off, and the electors in them thrown into the counties; and .the rich, populous, trading towns, Bir- mingham, Manchefter, Sheflield, Leeds, and others, be permitted to fend deputies to the great council of the nation. The disfra'nchifmg of the mean, venal, and depen- dent boroughs would" be laying the axe to the root of corruption and treafury influence, ar well as arijlocrati- cal tyranny. We ought equally to guard againft thofe, who fell thcmfehes, or wbofe Lords fell them* Burgage tenures, and private property in a lhare of the legifla- ture, are monftrous abfurdities in a free ftate, as. well as aa infu.lt on common fenfe. I wifli, lir, an Englifh .Parliament .ty fpcak the. free, linbiafied fehfe of the i body body of the Englifh people, and of every man among us, of each individual, who may juftly be fuppofed to be comprehended in a fair majority. The meaneft me- chanic, the pooreft peafant and day-labourer, has im- portant rights refpecting his perfonal liberty, that of his wife and children, his property, however inconfi- derable, his wages, his earnings, the very price and va- lue of each day's hard labour, which are in many trades and manufactures regulated by the power of Parliament. Every law relative to marriage, to the protection of a wife, fifter, or daughter, againft violence and brutal luft, to every contract or agreement with a rapacious or unjuft matter, is of importance to the ma- nufacturer, the cottager, the fervant, as well as to the rich fubjects of the flate. Some fhare therefore in the power of making thofe laws, which deeply intereft them, and to which they are expected to pay obedience, Ihould be referved even to this inferior, but moft ufe- ful, fet of men in the community. We ought always to remember this important truth, acknowledged by every free flate, that ail government is inftituted for the good of the mafs of the people to be governed ; that they are the original fountain of power, and even of re- venue, and in all events the lad refource. The various inftances of partial injuftice throughout this kingdom will likewife become the proper fubjects of enquiry in the courfe of the bill before the commitee. Of this nature are the many Freeholds in the city of London, which are not reprefented in this Houfe. Thefe freeholds being within the particular jurifdiction of the city, are excluded from giving a vote in the county of Middlefex, and by act of Parliament only Liverymen can vote for the ReprefentativesoftheCitv F 3 f ( 7 ) of .London. Thefe, and other particulars, I leave; J mention them now, only to Ihew the neceffity of a new regulation of the reprefentation of this kingdom. My enquiries, fir, are confined to the fouthern par of the iiland. Scotland I leave to the care of its own careful and prudent fons. I hope they will fpare a few moments from the management of the arduous affairs of England and America, which are now folely en- trufted to their wifdom, and at prefent fo much en- grofs their time, to attend to the Hate of reprefentation among their own people, if they have not all * emi- grated to this warmer and more fruitful climate. I am almoft afraid the forty-five Scotifh gentlemen among us reprefent themfelves. Perhaps in my plan for the improvement of the reprefentation of the inha- bitants of England, almoft all the natives of Scotland may at this time be included. I {hall only remark, that the proportion of reprefentation between the two' countries cannot be changed. ' In the twenty-fecond article of the treaty of Union, forty five is to be the proportion of the representative body in the Parliament of Great-Britain for the northern part of this Ifland. To increafe the members Fof England and Wales bc- vond the number, of which the Eng-lilh Parliament > .-.<-'. confifted at the period of that treaty in 1 706, would be a breach of public faith, and a violation of a folemn * Without any abflraft reafoninj npon caxifes and effects we fhall foon be con- vinced hy'txfK'itnce, that the ScDf^nanfflantni from' their own '-country, are always a diftindt and fcparate hody from the people who receive them. In other fettlements, they only love themfelves; in Z'^/aW, they cordially love themfeives, and as cor- dially hate their neighbourr. Junius ; Preface, p. 26. The -".vC'ifil Scon are Imngry, and want feeding. Epiflle to Dr. Shebbeare. The ff"lt England being in prey, To her ungn;in'e really what he ought to be, an independent f pi end 6f li- berty, fuperior to menace or corruption. The minifter has found out a way to bafHe them in all their proceedings, He may, on any pretence, however frivolous; procure an expulfton ; and expul/ion, we knowj means incapaci- tation ; fo that during a long period of feven years, the favourite object of a country's choice may be kept out, and the nominee of a minifler be declared to re- prefent a populous county. Can there be a more fo- lemn mockery of the rights of a free people ? While fuch arbitrary refolutions as thcfe reflecting the Middlefex elections remain on our Journals, I think the minifter holds high the rod of vengeance over the head of every member of this Houfe* He {lands here with an uplifted arm, fublimi flagelio, to punifh the refractory, and almoft every action of the majority feems to betray their being either fwayed by the daftardly paffion of fear, or corrupted by the mean principle of reward. We are governed by Solon's plan, prtzmio ef pcena, as Cicero has fummed it up in three words. Is a member obnoxious or unruly ? Ac- cufe him of a libel, or any other crime ; then vote away your own privileges to get at him ; and, before the caufe can come to a trial by a jury of his country- men on oath, examine two or three partial and well- inftructed witneffes under no fuch fanftion, and you may proceed immediately to expullion. You then vote him incapable of being re-elected. The creature of the minifter is received in his place, an4 declared a re- prefentative of the people. A Houfe of Commons may in this manner be fo garbled, as not to contain a fmgle, fair, and honeft rcnrefentative, elected according to the law of the land. The ( 79 ) The motion of expunging from our Records the re- foliations of which I complain, is, I know, considered by fome gentlemen as a violent meafure. The cafe, I think, requires the moft fpirited mode of redrefs. I wifh as full atonement to the people as poffible. The lafl Parliament gave us an inftance of expunging from our Journals what never ought to have been moved in, this Houfe, the thanks to a ftupid * tory parfon, of the *' Journals of Feb. 25, 1772, Vol. 33, p. 509. The Houfe was moved, That the Entry in the Votes of the Houfe, of the 31 ft thy f January laft, " that the thanks of this Houfe be given to the Reverend Doctor " Noiocllffar tlie Sermon preached by him yefterday before this Houfe, at St. Mar- ' garet's Weftminfter, and that he be defired to print the fame, &c. &c." might bz- read. R^folved, Thaf the faul Entry be expunged from the Votes of this Houfe. The tory fame of the v, ix'tched Dr. No-weil has lately fuffereu a total eclipfe by a pedantic fchoolmafter of Weftminfter, promoted to the Archbifhopiick of York iu Dec. 1776, 3. Do "or WUllayn Markbam. He preached a fermon, all-powerful ta footbt the foul In jlumhen, nt Bow Church in the City, Feb. 2 1, 1777, before the Incorporated Society for the Propagation of the Gofpel in foreign parts. In whataw/fc arid win- ning fpirit of chri/tianiiy, of gentlenefs, patience, and forbearance, does this Muiifter of the .gofnel of peace ftate the nature, and bewail the wickediiefc, of the deluded parti ft among us ? By what, tender bonds of love and charity does this High Priefi endeavour to bring over the noblemen and gentlemen in the oppofn:on to the court paths of ho- JUJur, peace, and perhaps preferment ? This Caiafbasol York obferves, "nothing " is too mean for the ufes vf parties, as they are NOW conftituted. Parties once had a " principle belonging to them, abfurd perhaps, and indefenfible, but ftill carrying a " notion of duty, by which honeft minds might eafily be caught. But they are NOAY " combination i cf .r.div iJuat!, wiio, inftead of being tlie fons and fervants of the com- " munity, make a league for advancing their private intetejis. It is their bufmefs to " hold high the notion of political honour. I believe and truft it is not injur-iem to " fay, that/ari the Icnueft and tuiikedtji amiir^i.^i ere btld together? Are they really na bztttr than tit Lwejl and luiiksdrfl camiinathris of. p i^terSj ( So ) the rank Oxford breed, for a libel on the Revolu- tion, and the prefent eftablifhment, in a fermon preached pirates, and banditti? Are they really no tetter than gangs of robbers and highway- men ? , Ne fasvi, magoa facerdos. Virgil. JEn. 6. 1. 544. Surely inflead of this coarfe compliment we might expe<5l a little favour from his Grace, when he affures us, " the apoftles themfelves, ivith all their advantages, *' were not eafily freed from the entanglement of popular error." If the injfi :d Apnfthi did indeed err, we uninspired private cbrifttans might expedl fome indul- gence, rather than inquifitorial feverity, on account of our papular errors. We might charitably expeft not to be confulered as in a defperate cafe, in the loft ft age of political depravity. 1 hope we are not fo far loft. / believe and truji it is injurious t fay this. This political fermori tells US, " ivhat h ajf.tmed upon the preftnt occnfion Is the (r'o- tl risas nature O/I.IBERTY. It realizes and jecures all tht reft ; and by tbofe, -who are tf in the eni'jvment rfir, o-ight to be maintained at all haxardi." Have not the Ame- ricans on this juft ground taken up arms ? " But it remains to be fettled." Was it not fettled by the Revclnim? " Wherein dres it conftft .'" St. Paul, in the Epiftle to the Romans, has anfvvered this queilion of the Archbifhop of York. He makes liberty, glorious liberty, confift in being delivered from the bondage of corrup- ;>>,/;, a praytr, which is often made by the people of England for the High Court of P-ar lament. The ^.poftle -fays, " becnufe the creature itfeif alfo fhall be delivered " from the b'.nda-re rf cirrut-ttor, into the glorious liter y of the children of God." ''chap. \iii. ver. 21. The AFchbifhop goes on, " I ba-ve j 'onetimes thought it a nt:f- lt fartunp t ttjt a Thing fo -valtmkle and important Jfxiuld ba-ve no nucrd in r/ur language " to fXp'tfi ir } excfft one 'which goes tt every thin? that is ibild'and Ic.wAtji" Does tll8 fenification ofrljeword liberty really go to every thing that is wild andlawlefs ? Has titia Itarntd Prelate, who is fo deep in Latin, Greek, Hebrew, the Coptic, Perfian, Armenian, Chaldaic, Arabic, Syriac, Phoenician, Palmyrenc, Chinefe, Gentoo, &!c. &c; and above all in the Erfe, who is himfelf a perfedl PJyglott, has he never heard of the'Enjlifh words lieenritufn'-fi and licence to exprefs every thing that iinvtld ahJ k, and of right ought to have, full fvwet and a:itoori : y t-i make Lain ar.il StttUttt nf fnffi.itnt force and validity to bind the Csl-n'us and Ptcflu t,f jtmttltci, fubjeSk of tat Crvwn of Greai Britain, in *ll wj'cs luljjt ficver. II. And ha it further declared and enabled by the authority aforefaid, That all Re- folutiuns, Votes, Orders, and rruceodings, in any of the laid Colonies or Plantations, \\ hereby the power and authority of the Parliament of Great Britain, to make Laws and Statutes as aforefaid, is denied or drawn iiuo queftion, are, and are hereby de-. tlared to be, utterly null and void to all intents and purpofes whatlbever. The Deila'-atnry A'f, and the RffeaJ ff the American Stamp-4tf, received the Royal Affent on the fame day. M;ufh iS, 1766, in the Adjniniftration of the Marquis of carry 'carry on againft the Free and Independent flates of Amc- r C'j. ; >a wicked war, which has been occafioned folely by a fpirit of violence, injuftice, and obflinacy in our -rmniiters, unparalleled in hiftory. In the beginning of September, in the laft year *, a very humble and dutiful Petition was fent from the congrefs to his Ma jefty, in which his Majefty was fupplicated " to di- " re6t fomemode, by which the united applications of " his faithful colonifts to the throne, in purfuance <( of their common councils, may be improved into * The ftrong defire of peace and reconciliation in the inhabitants of Maffachufet'* Bay, -which has been always confidered as the moft violent as well as powerful of all the American colonies, even immediately after the murdrs by the King's troops at Lexington and Concord, on the i gth of April, 1 7 7 5, is confpicuous in their " Addrefs * to the inhabitants of Great Britain." In Provincial Congrefs. Wutertown, April 2.6, 1775. Friends, and Fellow Subjects, Hollilities are at length commenced in this colony by the troops under command ef General Gage, &c. &c. Thefe, brethren, are marks of miniflerial vengeance againft this colony, for re- fufmg, with her filter colonies, a fubmifiion to flavery 5 but they have nst yet de- tached usfrfjiH our royal Jtvtretgn j we profefs to bi his Ityctl and dutiful fubjefls ; and fo hardly dealt with as we have been, are ftill ready with our lives and fortunes to defend his perfon, family, crown, and dignity ; neverthelefs, to the perfecution and tyranny of his cruel miniftry we will not tamely fubmit ; appealing to Heaven for the juftice of our caufe, -we determine to die or be free. We cannot think that the honour, wiidom, and valour of Britons, will fuffcr them to be longer inactive fpeftators of meafures in which they themfelves are fo deeply interefted ; m?afurti purfued in oppofition to the folemn Pmtejls of many noble Lords, and exprelfed fenfe of confpicuous Cnmmons, whofe knowledge and virtue have long characterized them as fome of the greateft men in the nation j meafures executing contrary to the intereft, petitions and relblves of many large re-r fpectable counties, cities, 2nd boroughs in Great Britain ; meafures highly incom- patible with juftice, but ftill puifued with a fpecious pretence of eafing the nation of its burthens ; meafures which, if fuccefsful, muft end in the ruin and flavery 01 Britain, as well as the perfecuted American colonies. We fmcerely hope that the great Sovereign of the Univerfe, who hath fo often appeared for the Englifh nation, will fupport you in every rational anil manly ex- ertion with thefe colonies for faving it from ruin, and thiir, in a conjlitutignal c^nnc;- tiin luitb uur nwbcr country, we Jhall foon be altogether ajree and hjfpy peofiie. Signed by Order, JOS. WARREN, Prefidenfc G4 "a happy C 38 ) s{ a happy rnd permanent reconciliation." There was not a word in the/>2 which did not breathe fubmiffion and loyalty, and yet the official anfwer of Lord Dart- mouth, fecretary at that time for the American depart- ment, after a long deliberation, was to the laft de- gree irritating. It was, that no anfwer would be given; that is, we will not treat, we (corn to negotiate with yon, we exact unconditional fubmiffion. This anfwer, Sir, in my opinion, might juftly be called indignity and'mfid'., and in a much higher degree than what the Speech fays the Americans have offered to England, after all the provocations on oar part. It drove the Americans to defpair, and, with the violation of our perfidious promifes in Lord Hillfborough's famous of- ficial circular letter *, laid the real foundation of their Declaration of Independency. Much * The Circular Letter of the Earl of Hillfborough, Secretary of State for the Colonies, to all the Governors on the Continent and I Hands. Whitehall, May 13, 1759. Indofedl fend you the gracious Speech mr.de by the King to his Parliament at the clofe of the Seffion on Tuefday laft. What His Majefty is pleafed to fay in relation to the meaAircs which have been F'irfuer! in Noit'i America will not efcape your notice, as the fatisfaclion His Ma- jefty exprcffes in the approbation his Parliament h,TS given rotham, and the af- furances of their firm fupport in the prosecution of them, together with his royal opinion of the great advantages that will probably accrue from the concurrence of every branch of the kgiflature in the refolution of maintaining a due execution of the laws, cannot fail to produce the moft falutaiy excels. from hence it will be nnderftood, that the whole leg-nature concur in ths opinion adopted by his Majefty's fervants, tliat no meafure ought to be taken which can any way derogate from the legiAative authority of Creat Britain over the Co- lonies ; but I take upon me to allure you, notwithstanding infmuations to the con- trary from men with factious and feditious views, th.it His Majefty's prefent ad- mi: uttration have at no time entertained a de&gn to propofe to Parliament to lay any further taxes upon America for the purple of raijing a rtvtnur, and that it is at prefent their intention to propofe in the next Seflion of Parliament to take off the duty npon glafs, paper, and colours, upon confideration of fuch duties having been laii] contrary to the tme principles of commerce. Thefe Much has been faid, Sir, of the prophecy of the ininifters, that the Americans would in the end de- clare themfelves independent. I give the minifters no credit for fuch a prophecy. They went on the fureft grounds. They might very fafely promulgate fuch a prediction, when they knew that the unjuft and fan- guinary meafures, which they intended to purfue, muft bring about the event. They drove the Americans into their prefent flate of independency. The Jefuits in France rifqued nothing when they prophefied in 1610 the death of the beft prince that ever reigned in Eu- rope to be within that year. Their's was the fare word of prophecy. They employed Ravaillac to affaffmate their fovereign. An honourable gentleman * near me, Sir, attacks the American Declaration of Independency in a very pe- culiar manner. He pronounces it a wretched compo- fition, very ill written, drawn up only with the view to captivate the people. 'That, fir, is the very reafon why I approve it mofl as a compofition, as well as a wife, political meafure ; for the people are to decide this great controverfy. If they are captivated by it, the end is attained. The polifhed periods, the har r monious, happy expremons, the grace, eafe, and ele- gance of a beautiful diction, which we chiefly admire, very little captivate the people of America. Manly, nervous fenfe they relifh, even in the moft awkward Thefe have always been, and fti'l nre, the fentimeats of his Majefty's prefent fervants, and the principles by which their conduct with refpect to America has been governed ; and His Majefty relies upon your prudence r.nd fidelity for fuch an explanation of His meaftii-es, as may tend to remove the prejudices which have been excited by the mifreprefentations of thofe who are enemies to the peace and profperty of Great Britain and her Colonies, and to re-eftablilli that mutual con- fidence and affection upon which the glory and tafuy of the Britifh empire depend. * Governor Johnftone, Member for Appleby. and C 90 ) and uncouth drefs of language. Whatever compofition produces the effedt, which is intended, in the moft for- cible manner, is, in my opinion, the bell, and the rnoft to be approved. That mode Ihould always be purfued. It has the mod merit, as well as fuccefs, on the great theatre of the world, no lefs than on the ftage, whether you mean to infpire pity, terror, or any other paffion. The honourable * gentleman, Sir, who feconded the addrefs, fays, the American Declaration of Independency was nofurprize to him nor I believe, Sir, to any man of common reflection, after our hoftilities and cruelties, after the frantic and extravagant career, which adrni- niftration purfued, with a full chorus of approbation from the majority of this Houfe. The fpeech in your hand, Sir, which an -j~ honourable gentleman near me has well called a fpeech of hypocrify, mentions the " affurances of amity, which his Majefty te continues to receive from the feveral courts of Eu- " rope." At the beginning of the lad feffion, the mi- nifter gave us in the King's fpeech more explicit affur- ances. It was faid, (( I am happy to add, as well from Um'=, ct de reduire le rcfte a la condition des negres. Ni>vh!ng fnrely could be more lamentable to thofe who remember the floririfhing : this kingdom, than to fee the infanejoy of feveral uoliappy people, amidttthe \:\dc which our affairs andcondudl exhibit to tbi /com of Euro fe. Bui'ke's Letter to the Sheriffs of Biiftol. i " ceft f< cept the colonies of New-Hampfhire, MaflachufetV Bay, Rhode-Ifland, Connecticut, New-York, New- Jerfey,Pennfylvania, the three lower countries onDela- C( ware, Maryland, Virginia, North-Carolina, South-Ca- only, but the opinion of all mankind, that the fritnitjb.p of Eraace *' muft needs be definitive to your Majefty: there being it. ti-at cwt a mot u if enmity Irrtconc'Uaoie to your Majtfty'i government, and the religion of tbefe king* mt.* Aa Accocnt of the Coruiuft of the Dowager Duchofs ofMarlborough, Page 26$, 6 bitants ( 96 ) bitants rejoicing that they are frocul a Jove, procul fulmine. I heartily agree, Sir, with the * noble Lord in the amendment propofed ; but I go farther, and my opinion is, that if we expecT: to fave the empire, to preferve even for a mort period Canada or the Weft- Indian iflands, or to recover any part of the immenfe territory we have lately loft, we muft recall our fleets and armies, immediately repeal all the afts injurious to the Americans pafled fince 1763, and reftore their charters.. We may then, // they will forgive, and can trujl us, treat with them on juft, fair, and equal terms, without the idea of conipullion. In this way only can hjoundation be laid for the reftoration of peace, inter- nal tranquillity, and unity to this convutfed -f- and dif- membered empire, VOTES * Lord John Cavendilh, Member for York. f- Sir William Draper fays, * That this country is tonvulfed in every part by " anonymous, wicked and incendiary writers." Locke is of opinion, that cppreffion is '' the ^reat caufe of civil commotion," and furely rank, foul a&s of of>f>reff!in have been frequent for many years throughout this empire. The Knight of the Bath being himfelf a line, a very fine writer, attributes, in my opinion, too much to the influ- ence of fine writing, perhaps even of his own very fine writing, for the body of the people are more ufefully employed than in the perufal of polite, elegant authors. Ibt people do not read very much, nor reafon ciolely on every occafioa, but they always /W juftly. Sir William, having fheathed the bloody fwoid, and bid Farewell the neighing deed, and the fhrill trump, The fpirit-ftirring drum, the ear-piercing fife, The royal banner, and all quality, Pride, pomp, and circumftance of glorious war, Sluikfpeare. hrandimes ihe' peaceful pen, fpills oceans of ink, and amufes himfelf in turning to a de- licate ear fmooth and melodious periods. He never was the miles gloricfus, but a 'falft mtdffty does not moke him now conceal the obligation he confers on mankind by his writings, nor content himfelf with anonymous literary applaufe. Locke nobly penjive, regardlefs of clairic.il praife, intent only on ferving mankind, pafled his life in deep refeArches concerning the " Human Uuderftanding," and " Civil Govern- " meat." He does not quite agree with Sir William. He tells us, "'people are "noc VOTES of February 17, 1777* The Bill to empower His Majefty to fecure and de- tain perfons charged with, or fufpected of, the Crime of High Treafon, committed in North America, or on the High Seas, or of the Crime of Piracy, was read the third time; .and an ingrofled Claufe was added, by the Houfe, to the Bill, by way of Ryder. Mr. Wilkes faid, Mr. Speaker, I cannot continue filent while the fate of fo impor- tant a Bill as the prefent is depending before this Houfe. Adminiftration at firft brought in this Bill in a form, which gave a very general and juft alarm to the city, to the nation. If it had paffed in that form, in my opinion the whole kingdom would have been put under an interdift of law. The perfonal liberty of every man in this ifland had been precarious and infe- " not fo eafily got out of their old forms, as fome are apt to fugged. They are *' hardly to be prevailed with to amend the acknowledged faults in the frame they " have been accuftomed to. Great miftakes in the ruling parts, many wrong and " inconvenient laws, and all the flips of human frailty, will be borne by thtpec.p!s " without mutiny or murmur. But, if a long train of abufes, prevarications, and ar- " tifices, all tending the fame way, make the d;fign viable to tbepMflt, and they " cannot but//, what they lie under, and fee whither they are going ; it is not to u be wondered that they mould then roufe themfelves, and endeavour to put the rut* " into fucb bandt t "wk'nb may Jl cure to them the ends, for -uibkh government tvat atjirjt <( ert8<4." Locke of Civil Government, book II. ch. 19. H cure, ( 98 > cure, depending folely on the will of the minifler, The fpirit of the Bill in its original ftate was oppreffion and tyranny through 'every part of ~the empire. In this ftate the Bill has continued //'/'/ this day. By the patriotic zeal of an honourable gentleman of the law *, a claufe has juft been offered and 'adopted by way of Ryder, as it is called in this ftage of the Bill, which gives peace of mind, and fecurity in fome degree, to every fubjecl: refident in this kingdom, for perfons under this de- fcription are at length declared not to be the objects of this Bill -J-. I fpeak of the claufe, Sir, even as pre- * John Dunning, Efq. Member for Calne. f In Mr. Burke' s Letter to the Sheriffs of Briftol, it is fakl, " the mr.tn oper.v " tive regulation of the aft is to fwfpend the common law, r.nd the ftatute, Hxbtas " Corf-ns (the fole fecurities either for liberty or juftice), with regard to all thofe " who have been out of the realm, or on the high feas, within a given time. " The reft of the people, as I understand, are to continue as they flood before. " I confefs, gentlemen, that this appears to me, as bad in the principle, ajd far " wor-fe in its confeqnences, than an univerfal fufpenfion of the Habeas C-rpas ac> ; ".and tlie limiting qualification, inftead of taking out tbejlin^', does, in my humble " opinion, Jharpen and envenom it to a greater degree. Liberty, if I nnderft.iixl it " at all, is a general principle, and the clear right of all the fubjecls within the " realm, or of hone. Partial freedom feems to me a mod invidious mode (jf "flavery." P. 15. When Mr. Dunning moved the elaufe of limitation, he faid that he meant to take tbe fling out of the Bill as to ail the people of Great Britain, whom he juftly repre- fented as exceedingly alarmed at the nifpenfion of the Common Law, and the Ha- beas Cor fit i, at the temporary lofs of thofe bulwarks of the conftitution, wliich Mr. Burke admits to be the Jole Jeciirities either for liberty or juftice. The city of London had petitioned the Houfe of Commons on the 14111 of February, and declared, that if the Bill fhuuld pafs into a lav\', it luoiild create the greatefl iinea/ineft. in ibf Winds of many of U:s JlJajiJ}ys gaad Jul'ieSis, and tend to excite tbt Mo/I a.laniur.g dif- turbance!, &c. Jcc. therefore ea>nt fafs info a Law j or at Uaft to take J'uib cafe as In (heir wijdtot m.iy fctm meet, to frt- vint it from bnng extend:*/, in its operation o> ctnfln/tfion, to any of bit Majejly'i j'ul- jeffs rrftdttt in theft kinrJrjm. The great wifli and effort of (hofe gentlemen in oji- pofition, who attended their duty in Parliament, was to have thrcnva out the B:! 1 , and thereby freed t-vcy fubjecl of the empire from the terrors of the arbitrary power ; n poled to be veiled in the prefent adminiftration. \Vhen r^a/'was found imprjch- c.ible after repeated -trials hi -every ftage of the Bill, 'they exerted themfdve;, and hap- ( 99 - ) pretended to be amended by an honourable gentleman^ happily fucceeded in delivering mod of the inhabitants of Great Britain, Hit M.i- jcfly's fiibjrfis rejident in theft kingdoms, from the fangs of a cniel miniftry. To thern. the nation is indebted for the prefent peace and fecurity of its capital, of thi? great feat of empire, of this whole ifland. Are they now, inftead of being thanked, tf) be harfhly toM by thofe, who did not attend their duty in Parliament,- that' they h.lve dor?e mifchief, that fo far from taking cut th: fiiriir, they Ms&e-jbirptned' tnd envenomed it to a greater d?gree$ that they ought to havfe fu fitted fo wicked aTr' Act to have beert unlverftl, Und to have extended to Great Britain as well as' America? Are they now to be reproached by thofe, who would not join in the' rhinifterial attack, that the Act is far tvorfe in its conf,juenc(ij when by their ge- neroils ftruggles, jnd glbr'ous victory * it can have no cwfequcncr whatever to the moft important part of the empire ? Were they to have facrificed the filcfccuriiiei t'libtr for liberty c,r jufttcc for themfftlvcs, for the whole ifland, to a (peculation) that partial freedom was a tno/i invitiiws mitle cfjlwery f Mr. Blirke judges better for hiS friends; the two SherifR of Briftol. He tells them in this letter, " I rieref ven- " tared to put yohr filid interims upon fpeculative cr3u*/!s." p. 4?. I have not heard of any anfwer to this letter from either of the Sheriffs of Briftol, " that " bone/I well-oi'deredi virtuous city, a people who preferve more of the original' *' Englifh fimplicity, and purity of manr.cn, than perhaps any other," p. 69, in the words of their Member's foliical Creed. As to the two Bii/lol Sberffi ideas of thein fclid interejli, I take it for granted that they exactly coincide with thofe of the Sheriffs of London, the Aldermen Plumbe and Thomas. They well knoxv theii 4 own foliif iraertfti, and certainly proceed upon fptcutative gttur.ds efientially dif- ferent, both in nature and extent, from thofe of Mr. 8urhe. Their j'pecu- latiom do not extend beyhnd Exchange-Alley. Mr. Burke's angel geniuj takes in The hemifphere cf earth in cleareft ken. Mi troy. I will anfwer for moft City Sheriffs, whether of London or 1 Br-Jtcl, at leaft for the prefent London Sheriffs, that they attend to their ovrnfiid mterefs ; and " have 11 never troubled fher underftandings with [peculation! concerning the unity of em- " pire, and the identity or diftinclion of legiflativs powers," p. 54. Their fftcu- latiom hovrever are neither partial, nor narro\<'. They {peculate on every thing, on the Omnium with wonderful intelligence and fagacity. If they do not beau- tifully moralize on this frail and feverifh being, they calculate with amazin; exactnefs the great uncertainty of lunan life, and the moft minute degrees of the probability of its continuance in every object of their fpecu/ations. Nor are their Jpecttathns confined to any faction, or influenced by the blind zeal of party. Whigs and Tories, courtiers and patriots, are indifferent to them, as to life annuities, and re-verficnary payments. They even wilh to unite the tory and whir, the cotirtier and patriot in a joint fecurity. But to return to the argument-of the partial fufpenfion of the Habeas Co^s. Is 'a tnan voluntarily r ofubmit to the conflagration of his own dwelling-hbule, becaufe Torre diftant buildings of liis are-in danger- of being bmnt ? fc a pliyfic'ran to "give H z . . u on the treafury bench *. His, words, however, Sir, out of the realm, are too loofe and ambiguous, by no means defcriptive enough of the perfons, who are de- clared by adminiflration not to be the objedts of the Bp every idea of preferving the head or the heart, from a belief that fuch extremi- ties as the hands or the feet are in an alarming ftate ? Is he to endeavour no cure, becaufe he cannot fave all his patients ? If we cannot beftow the godlike gift of vniverfal, we ought furely to give partial, freedom. When the minority found it Jmpofiible to redeem from Jla-vcry the whole empif e, they faved the moft valuable part. They nobly ftruggled, and fucceeded for us on this fide the Atlantic. I will truft the fons of America to their own virtue and prowefc, by which 1 have no doub: of their being finally faicds What mode ofJJavery, however, partialfreedom tan fetm to any man, I freely own that I do not guefs. How partial frcedcrti to fome can be the nKft invidious r:odi ofjlaver-j toothers, is beyond my coniprehenfiori. Yet I can conceive partial fn.ed-.th in foms may make the lofs of liberty more regretted, more fharply fete by others. Among all the different fpecies of fa-very, under which the infulted race of man has fuf- fered, partial freedom ha!s not hitherto been claifed, nor did they ever before accord in fuch friendly, harmonious unifon as they are now found by the Sheriffs of Briftol. Mr. Burke fays, " I have not debated againft this Bin in its prog/efs through l( the Houfe ; beotiufe it would have been vain to oppofe, and impojjible t cor- " ; efi it." Page 1 8. The Bill, and the Minifter, were both wsll corretfed by Mr* Dunning. " I cannot confcientioiifly fupport what fs againft my opinion, nor pru-' ' dcntly contend with what I kntio is irrtjijlible. Preferving my principles un- " fhaken, I referve my afiivity for ratior.al endeavours-'' Page 19. Was the Court fucYion more determines! to carry the American High freafstt, than the Ci-vil Lt/} t fill? Was the ftrft kntnon by Mr. Burke to.be more irnfiJlMc rhan the la/1 ? Yet his e fforfs againft the laft Bill were great and laudable, although not fuccefsful.- He did, according to the words of the Preacher, Eccltft\Jl,s y ch. vi. v. ro. nobly ttnttnd with bi>n that f< hare been, or lhall hereafter be fejzed or taken in _ " the act' of High Treafon, committed in any of His (( Maiefly's colonies or plantations in America, or on " the higjh feas> or in the aft of Piracy, or who are, *' or Ihall be charged with^ or Jufpe&$d of, the crime " of High Treafon, committed in any of the faid co- " Ionics, or on the high feas." It is therefore ap r .parent, that a mere pretended fufpicion, or foolifh cre- dulity, or determined villainy, in a wretched, ig- .norant, mercenary tool of a miniflerial magiftrate, jnay flill render the objects of this Bill, who are the inhabitants of above half the empire, liable to inir prifonment, TJiis imprifonment likewife is to be without bail gr maitiprize, for that cruelty was ftill de- termined to be exercifed by the committee, notwith- ftanding the humane. motion of my worthy colleague * to leave out , thofe obnoxious words. There is not a fyllable.in the Bill of the degree of probability attend- ing thefujpicion. The Bill, greatly amended as it has been, does not even now require an oath, nor that the parties Ihquld be heard in their own juftification, nor confronted with the witnefies, nor. does it mention that fivo witneffes fliall be deemed neceffary for the colour- able ground of a commitment for fo high a crime as Treafon in America, as the law is in other cafes .with- in the kingdom. Is it poffible, Sir, to give more de- fpbtic powers to a bafhaw of the Turkiih empire** What fecyrity is left for the. devoted objects of thi-s Bill againlt the malice of a prejudiced individ.ua!, a vy.icked magiftrate, wl^o,. if he is profecuted after- wards for fo flagrant an abufe of power, will certainly be indemnified,, probably rewarded by a moft arbitrary adininiltration ? Actions may indeed be brought against * Mr. Serjant Gly^n, Member for Midillsfex. tha t die offender ; bur we know all damages recovered, however greatyare paid by the people, not by the party. Even in the cafe of Petit Treason, by an exprefs adt of Edward the Sixth, no perfon can be convicted, but xm the oath of two fufficlcnt and lawful witneffes, or confeffion, willingly, without violence ; fo careful, Sifj were our wife anceltors of protecting the liberty of the meaneil fubject. This cafe, Sir, demands our ftricteft attention and vigilance from what we daily experience of the conduct 'of thofe underling officers of every minifter, who traffick and deal out juftice, under the colour of legal magiftracy. There is now, fir, actually in Newgate an American merchant, named Ebenezer Smith Plat, who {lands committed fo lately as the 23d of laft JET nuary, charged with High 'Treafon at Savannah in the co- lony of Georgia in North America. He is committed by the well-known Juftice Addington, N and, as I am in- formed, was not allowed to fee any of the witnefles againft him, nor even to hear their affidavits read. He had before been tried on the fame charge at King- fton in Jamaica, and acquitted. I never faw -him; t)Ut I have read an attefted copy * of the warrant of his commitment. He is charged generally with High * To the Keeper of Hii Majefty's Gaul of Newgate, or his Dep;U}'- ^lickllefex. 7 Thefe are in His Majefty's name to authorize and require you 19 to wit. j receive int(i your ciiftmiy the body of Eienezxr Smith Piat heixwjth , feut youy charged before me upui, which was granted, but as the proper office was not then open, it could not immediately itfue. I was af- terwards carried by violence before the Earls of Egremont and Halifax, whom J in- formed of the. orders given by the Court of Common Pleas for a Habeas Corpus ; and when I was ordered into another apartment, I enlarged on this fubject a confider- able time to Mr. Webb, the Solicitor of the Treafury. / ivat confronted iuith no wit- nefs, no,- d':d 1 fee any accufer. I was carried to the Tower by virtue of another war- rant, iffued likewife without oath, which declared me " the author and publifher of " a moft infamous and feditious libel, entitled the North Briton, No. 45." The word treafonable was dropped. 1 was however with great ftridlnefs detained a clofe pri- foner, and no perfon fuffered to come near me for almoft three days, although my counfel and feveral friends demanded admittance, in order to concert the means of recovering my liberty. My houfe was plundered, my bureaus broke open, by order of two of your members, Mr. Wood and Mr. Webb, and all my papers carried away. After fix days imprifonment, I was difcharged by the unanimous judgement of the Court of Commod Pleas, that the privilege of ibis H*u!e extended to my cafe. Nptwith- ftanding this folemn deciuan of one of the King's fuperior courts of juftice, a few days after I was fervedwith a Subpoena upon an Information exhibited againft me in the King's Bench. I loft no timeinconuilting the beft books as well as the greateft living- authorities; and from the trueft judgment I could form, I thought the ferving me with a Subpcena was another violation of the privilege of Parliament, which I will neither defert nor betray, and therefore I have not yet entered an appearance. " I now ftand in the judgment of the Houfe, fubmitting with the utmoft deference the whole cafe to their juftice and wifdom, and beg leave to add, that if, after this important bufmefs has in its fall extent been maturely weighed, you ftiall be of, opi- nion that I am entitled to privilege, I fhall then be not only ready, but eagerly defi- rous to wave that privilege, and to puMttyfelf upon a Jury of my -countrymen." ( 7 nity ; t - in America, I fear, to fbfpend for very near a twelvemonth. The hiftory of it is this. Plat was iirit confined to the. Antelope for three months, then removed to the Boreas for four weeks, then carried on .board the Pallas, and in her brought in irons to Enr gland. On her arrival at Portfmouth he was, removed on board the Centaur for three weeks, then to the Bar- r ilcur. Oh the 4th of January laftv ^n .Habeas Corpus was obtained, directed to the captain of the Barfieur ; but before it could be ferved, an exprefs was fent from the treafury by their folicitor, and Plat was removed again to the Centaur before the Habeas Corpus could ar- rive at Portfmouth. The return to that Habeas Corpus was thus eluded; but on his friends declaring that they were determined to fue out another, Plat was at laft " fent to the capital, and, in the illegal mode which I have ftated, committed to Newgate .*. J fpeak, Sir, in the hearing of many gentlemen, who ought to contradict me, if I have advanced a fmgle circumftance, not founded in truth. Can minifters, Sir, who are ca- pable of thus trampling on our' moft facred laws, be too narrowly watched, top deeply fufpcted, too, ftrongly guarded againfl ? Do we not owe it to the peo- ple, to demand every fecurity from the fanction of an oath, the number of witnefles, the confronting of them with the prifoner, the hearing him in his own juftifi- catiqn, aud other circumftances, of which not the leaft ' * Mr. Plat was returned to the Judges at the Old Bailey, July 2, 1777, as one of the " MitMlefex Prifoners upou orders," in the cuftody of the Keeper of Newgate). '*" No. 2Z. Ebenrxtr Smith Plat, committed Jan. 2 j, 1777, by W. Aldington, . Efq ; -" charged, on oath of Richard Scriven ;md Samuel Burnet, with High Treaion :,t " Savannah in the Colony of Georgia in North America ; ordered to remain on hi* t' commitment. Was cithe izth day .of May taken by lldbeat C < fiefty's Court of Knag's ^euchi and rcmaiidedi'-'. ^ , : ., m . t . ( I0 7 ) race'is to be found in this criminal, arbitrary Bill ? Is the perfonal liberty of the fubje6t to reft on the mere pretended fuf phi on of a man, who ats probably under the orders of a profeired minifterial agent, ever ready to make his court to power by the facrifice of public virtue and innocence, whofe incapacity perhaps can only be equalled by his meannefs and fordid lull of gain ? I regret, Sir, the indecent rage, the extravagant mad- nefs, with which every meafure, and in particular the Bill in queftion, has been carried on againft the Ame- ricans. It precludes every poffibility of a reconcilia- tion, fo ardently to be wifhed. All the meafures re- fpecting America, and this Bill in particular, as it was at firft brought in, bear the ftrongeft marks of a regular fyftem of defpotifm among our rulers. They originate from the latent, dark all-controuling power of the * man, ivho wants wifdom, and holds principles incompatible with freedom. Let us advert, Sir, for a moment to the dif- * Mr. Pjtt made ufe of this expremorj in the Houfe of Commons, fpeaking of the Earl of Bute. Junlus fays, " Lord Bate was not of a temper to relir.- havu-vs endeavoured to exclude the Dowager " out of the Regency Bill, the EARL OF BUTE DETERMINED TO DISMISS THEM. " Upon this the Duke of Bedford demanded an audience of the , reproached <* him in plain terms, with- his duplicity, bafenefs, falfnood, treachery, and hypocrify ' repeatedly gave him the lie, and left him in convulfions." Junius, vol. I. p. 171. When the King came out of the clofet, His Majefty appeared in veiy great agita- ^ion, -and faidto'one otJiis-feiTauK, " THE BELLOW bus dint eyiry- thing but firitc r--". , i ference ference of two cafes in point, thefufpjcion only o"f high treafon in America, and the actual charge of it here. y . ,r O A man only fufpe$ed of high treafon in America, for inftance, the giving aid or affiftance to the Congrefs, or to any of the King's enemies, may on coming over to England be committed to prifon ? and by this Bill continue there without bail or mainpnze, or being able to bring on his trial for near a year, till January i , 1 778, to which time this bill is to continue in force. In jhis kingdom, a mznfufpeffed, or even actually charged \yith High Treafon, in confpiring the death of the King, pr levying war in the realm, may have an Habeas Corpus, and be bailed by the Court of King's Bench. The fufpichn therefore of American treafon feeras a (deeper crime in the judgment of our prefent minifters, than an overt-act of Englifti, or more probably Scotijb, treafon, or rebellion againft his Majefty's perfon, title, crown, or dignity, Jt muft be thought, Sir, a deeper crime, becaufe it is more grievoufly punifhed, Do we imagine the Americans will not retaliate, or do we vainly hope to intimidate them ? Their caufe is good, and after all the idle tales of our late vifionary fuc- cefles, the juftice of it muft in the end prevail. They zre now nobly ftruggling under the fha.rpeft fufferings, but I trufl they have Heady zeal an4 unwearied perfe- verance. In all events, the firft moment of a foreign warneceffarily obliges us to withdraw our fleets and ar-r mies. Every part of North America muft then be free and independent. This Bill can only irritate, and will jiot intimidate. It will probably be anfwered by a fpirited refolution of the Congrefs Woiild to God, Sir, the Britilh Parliament equalled that Congrefs of ^ that more than Roman Senate, in wifdom, in. fortitude., fortitude, in love of their country, in uncorruptednefs, in public virtue ! The fecond enafting claufe of the Bill, Sir, impowers " his Majefty, by warrant under his fign manual, td " appoint one or more places of confinement, within " the realm, for the cuftody of fuch prifoners; and a 1 !! " and every magiftrate or magiftrates, having compe- " tent authority in that behalf, are hereby authorifed " to commit fuch perfons as aforefaid to fuch place or " places of confinement, fo to be appointed inftead of " the common gaol." This claufe may operate in manner more to be dreaded than any baniffcment, or confinement out of the realm. A power, which may be; thus grofsly abufed, ought not to be trufted without re 1 - ftriftion to any man. A perfon only fufpe fled, or pre- tended to be fo, may be doomed to a damp and noxious dungeon, in the midft of putrid marihes, or on the' moft fwampy coaft. He may be {lifted in a vault, to whoft foul mouth no healthfome air breathes in. I, Sir, perhaps may at lajl be jfyfpeflea, and poffibly it will not be a flight fufplehn. I have formerly experienced an illegal, clofe *, and rigorous imprifonment in the Tower; but by this Bill I may be fent to the gloomy xvaftes and de- ferts of the North, to the barbarous Highlands of Scot- land, or among the favnges in the dreary IJle of Bute, from whofe bourh I am fure I fliould never return, even as a traveller, much lefs as a prifoner. Is this clauf6 ingeniously meant, Sir, as a new mode of re-peopling that ancient abandoned kingdom? Much has been faid, Sir, both in the Committee and m the Hou&, about a Dilator, and his extenfive * The law of England appoinrs imprifonment in cuftodiam not in ptenarii, acknow- ledges no (toft imprifonment, whereas I \ya^ kept with the moft extreme rigour. . Algernon Sydney's Apology in the day of his death. Paga 173, powers. ( IIP ) pcxvers. Many periods of the Roman Hiftory been retailed out to us minutely enough, and they havL- furnilhed many parallels. Comparifons between that virtuous republic, and this corrupt monarchy, are ge-< nerally, in my opinion, more brilliant than folid, more beautiful than jurh A Right * Honourable Gentleman; under the gallery has juft obferved that our glorious- Deliverer, William III, was a Dictator here after the. Jufpenjion of the Habeas Corpus Act in his reign. Should the prefent Bill for the fufpe nfion of that ad; pafs into a law, I fhall regard the noble Lord with the blue rib- band as the modern Diftaior of this great empire, as pofTerTed of the moft ample and defpotic powers. The firft important a6t of public bufinefs in the Roman Diftator was to name his coadjutor in office, the Ma- gifter Equitum, or General of Horfe. If public gratitude has any weight with the Diftator here, I am fure for fuch an office he will immediately fix his eyes on the noble Lord -f- at his right hand, who, to his immortal honour, with great and invincible courage, advanced and charged the enemies of our country at the head of the Britijh borfe. In one particular refpe&ing the Dic- tator of ancient times, I defire to fet right a very high' Law-Officer % among us. All the Roman magiftrates were not, as he fays, fuperfeded by that creation. The Tribunes of the People _, but they alone, preferved their authority, even under a Diftator. It has been faid, Sir, by another gentleman, who is likewife in a great Law-Office , that in this Houfe a * Right Hon. Henry Seymore Comvay, Member far Midhurft. f Lord George Germaine, in 1759 Lord George Sackville. J Attorney-General, Edward Thurlovv, Efq; Member for Tamwofth. Solicitor-General, Alexander Wedderburne, Efq; Member for Okehampton. jLjor Mr, Wtddtrburnf) there itjonutblng abovt bim } which evn tr.,:cbfy c&tnot tritfl. Junius,. vpj. a. p. i S v - difcontented ctifcbntented party have ridiculoufly given into a tone of: Prophecy, which has never-been accomplifhed, and that particularly aboutt a year ago it was the cafe of the Right Honourable Gentleman who fpoke lately under the gallery. It is not, I believe, very parliamentary to quote words fpoken in a former- debate. But if that member's memory goes to, a prophecy of one year, which has not been fulfilled, he will permit mine a fair excpr- fion to another Prophecy of his own, fix years igo, which has been exacily verified.. His Prophecy in this Houfe was, that -if the violent meafures againft the Americans were perfifted in, the colonies, which formed fo great a ftrength to this kingdom in the reign of George II, .would be dijjevered from the Britiih empire in the reign of George III.. No Prophecy, Sir, ever re- ceived a more perfect accomplilhment. This gentle- man wonderfully pofferTes \\\zfecond Jight of his native country. How deeply criminal he and others have been in the bringing his Prophecy to pafs, I hope this Houfe will one day enquire. A very extraordinary obfervatipn of the fame gentle- man in the prefent debate, amidft a variety of heteroge- neous matter, it is impoffible for me not to mention. He has laughed at univerfal benevolence, and endea- voured to demonftrate the impoffibility of its exiftence. But, Sir, he has only given us the narrow, contracted, 'felfijh ideas of his own heart, and his own * country. His fentiments and his feelings are confined to a very 'j&nall infignificant-circle indeed. They are merely Cfan- nijh and Scotijh. His remarks I faw excited a general * We mufl be converfant with the Sects in private life/andobferve their principles cf afting to us, and to each other ; the charafteriftic prudence, the ftlfijb nationality^ the indefatigable fmile, the perfevCring afliduity, thu everlafting prpfeflion of a dif- reet aud moderaie refentmer.r. Junius. Preface, p. 25. indignation indignation in this Houfe. An Englifhrrian has ideas infinitely more liberal and enlarged. His heart ex- pands itfelf, and takes in the general good and prof- perity of mankind. It feels not the rancour, and dif- dains the injuflice, of fuch a cruel, perfecuting Bill, as the objecl: of this day's debate. It forms the warmeft ^iflies for the liberty and happinefs of every individual of this late flourishing empire. Umverfal benevolence, and a generous fpirit of humanity, have been no lefs the charadteriftics of the inhabitants of the Southern parts of this ifland, than that gtiod-nature, for which foreigners have not even a name. I will only add, Sir, that I thiiik the moft beautiful fentence of all antiquity is that which was received with fuch applaufe by the generous and free Roman people, and an Engliih fenate will furely adopt againft every meafure of oppreffion and cruelty, homo fum, hUmani nlhil a me VOTES of April 16, 1777. The Houfe was moved, " That the order made upori *' Wednefday laft, for referring the feveral Accounts " [refpefting the Civil Lift~] which were then pre- " fented to the Houfe, by the Lord North, by His " Majefty's Command, to the Committee of the *' whole Houfe, to whom it was referred to confider " further of the Supply granted to his Majefty," might be read. And the faid Order being read accordingly; A motion was made and the Queftion being put, " That the faid order be dif charged?' It palTed in the Negative. Mr. ( "3 ) Mr. Wilfa faid, Mr. Speaker, THERE is not a Gentleman in this Houfe, or in the kingdom, more anxious than I am, that the fplendor and dignity of the Crown of England fhould be m in- tained in its trueft luftre, although for above a courfe of fifteen years I have received from the Crown only a fucceffion of injuries, and never in any moment of my life the flighted favour. I had the honour, Sir, of a feat in this Houfe, when the affair of the Civil Lift was firft agitated in Parliament in the beginning of his pre- fent Majefty's reign, when every good fubjedt hoped to have more than the idea of a Patriot King. I then acqui- efced in the propofed grant. The acceptance of an an- nuity of 800,000 1. and the giving up to the public ,the ancient, hereditary revenues of the crown, originated from the Throne. It was propofed to this Houfe in the ufual mode by Mr. Legge, then chancellor of the Exchequer. Parliament adopted the propoiition, and it was accepted with gratitude by the King. The minifters of that time declared to this Houfe the King's entire fatisfaftion, and that his Majefty fhould be happy to be delivered from the difagreeable neceffity of ever apply- ing to Parliament, like his predeceflbrs, to make good the deficiencies of the Civil Lift. It was admitted that the allowance was competent, ample, moft fully adequate to the wants, and even to the fplendour of the Crown. Parliament granted all the Sovereign afked, and made the grant in the very mode propofed by the minifter. The Civil Lift Act expreffly declares in the preamble, that Soojoool. per annum, " was a certain and compe- l " tent " tent revenue for defraying the expences of his Majef- " ty's Civil Government, and fupporting the dignity " of ttte crown of Great Britain/' The nation thought themfelves aflured of not paying more than 8oo,oool. per annum to the Civil Lift, and gave that fum chear- fully for the trappings of royalty. In the Speech at the clofe of that feffion our gracious young Monarch told us from the Throne, that be could not * fujficiently thank us y and that be thought bimfelfmuch obVged to us for what more immediately concerned bimfelf. By this bargain, Sir, with the public it was generally underftood, and in- deed admitted at that time, that his Majefty would be a gainer of near 7,000!. per annum. The noble Lord with the blue ribband has unfairly drawn his calcula- tions from only the loft eight years of the late King's reign. He ought to have taken the whole of that reign together. In fome years the Civil Lift was very deficient ; in others it greatly exceeded the fum of 8oo,ocol. As this is peculiarly a day of dry calcula- tion, I will obferve that, from the accounts delivered into Parliament, it appeared, that in the 33 years of George the Second's reign, from Midfummer 17:27 to Midfummer 1760, the Civil Lift produced only 26,182,981!. whereas 8oo,oool, for 33 years, amounts * The fame dull, threadbare, vulgar expreffion, u I cannot fujjuitntly tbjrt my "faithful Commons," is repeated in the King's Speech at the end of the laft fjfiion, June 6, "1777- " I cannot _>"^rr<'/ tbar.k mjf*i:tful Commons (or the zeal and u public fpirit with which you have granted the large and txtraonKnarj fuppfat, &c. ** &c." Will there never be a ,tJfr.it,:-y of /*<<> from lusf^iibfiil Commons to the King, or of tbanti from the King to his faitbju! Commons ? or are they both to pro- ceed part fa/tt till the poor people of this country find thcir^ff/w/i/v/reprefentatives have given away the very power of giving ? The jmfficieney of 1760 did nctfitjice to 176^. The f*fienrj of 1769 did not fujjit e to 1777. How long will the fujfic'ttney <*f 177? /"$<*? When will be the* next demand, and of confeq'uence the next grant of money from his/iu.'A/W Coatnnons, and of confequence the next " I cannot /^.j- " <*rji tktJt mjfii'bfa! Commons :" to ( "5 ) to 26,400,000!. fo that there is a deficiency of 217,019!. The gain therefore on a net revenue of 8oo,oool. is on an average above 6,576!. a year. The fum of 8oo,coo!. was at that time thought abundantly fufficient to fup- port the fplendor of the crown, and the Majefty of this great people. His Majefty has received betides 172,605!. the arrears of the late King's Civil Lift, 100,000!. on account of Somerfet-houfe, and an addi- tional grant of 513,51 il. in the year 1/69, to dilcharge ail incumbrances. The death of the Princefs Dowager of Wales was a favingof 6o,oool.a year, and of the Duke of York 12,000!. a year. Yet, Sir, we are now told of another debt of 618,340!. and called upon to pay that likewife, notwithftanding the former bargain with ibe public. The very propofal implies another violation of public faith. Sir, I will venture to fay, if we are in- deed juft truftees for the people, if we confcientioufly reflect, that their wealth is intruded to our care, that we are the guardians of the public purfe, we ought to flop this growing evil, and reprobate the idea of fuffer- ing their money to be thus fquandered, as well as the country drained by a variety of taxes. I muft add, Sir, taxes impofed to fupply a profufion, which arifes from a violation of a folemn compact with the nation, -and renders the limitation of the expences of the crown by Parliament the moft vague and abfurd of all propofi- tions. The power of controul of the expences of the erown is the being and life of Parliament. What traces do we now find of the exiftence of this power ? Are the accounts on our table proofs of our boafted ceconomy? and is meannefs thus nearly allied to prodi- gality ? I 2. ( There ( "6 ) There is at prefent, Sir, a peculiar cruelty in thus endeavouring to fleece the people, when we are in- volved in a moft expensive, as well as unnatural and ruinous, Civil War, and burthened with an enormous load of national debt, the intereft of which even we are fcarcely able to fland under. Is there no feeling for the fufferings of this impoveriflied country ? Are the people really nothing in the fcale of government ? The principal of the national debt is ftated to us at Mid- fummer 1775 to amount to the aftonifhing fum of 135,943,051!. and the intereft to 4,440,821!. Is this the time, Sir, that a minifler can with an unem- bar raffed countenance come to Parliament to lay ad- ditional loads on an exhaufted nation, and to afk more of the people's money ? When the greateft fources of our commerce and wealth are deftroyed by the folly and wickednefs of adminiflration, when we have al- ready fpent in this unjuft war above nineteen millions, when above half our empire is loft, and thofe Ame- rican friends, who have affifted us fo frequently and fo powerfully, are forced by our injuftice to become determined enemies, and for their own fafety to en- deavour our humiliation, are we at fuch a moment as this to talk of the greatnefs of the crown, a crown Jhorn of half its beams ? Are we to hear of the happy ftate of the nation, when we have loft more than we have retained of this divided empire, when new taxes and additional burdens on the people, are the moft important objects of government ? Is the Civil Lift to increafe in proportion to the lofs of all thofe refources .of trade and riches, by which it is fed and nourilhed ? Is the nature of the Civil Lift in the body politic Analogous to what Lord Bacon fays cf the Spleen, that it ( H7 ) it increafes in proportion to the wafte, decay, and rapid confumption of the other parts of the human body ? Sir, we ought to look back to what former Princes and Parliaments have done. I will take the confidera- tion only from the glorious sera of the Revolution, and it lhall be ftated fairly and fully. The Civil Lift was not granted to King William for life till the year 1698, when 700,000!. a- year was fettled on him. The diffractions of his government, and of all Europe at that period, are well known. His moft generous views for the public were thwarted at home during the greateft part of his reign by the 'Tories *, as the friends of liberty are now harraffed by them in Ame- rica, according to the late orders of General Walh- jngton to the Continental army, and his fpirited letters to the Congrefs. Queen Anne had the fame revenue fettled upon her. She did not afk the additional fum of 1 00,000 1. to her Civil Lift, but ihe gave unaiked out of it yearly 1 00,000 1. towards carrying on the * His Excellency General Wafhicgton flnftly fat.kir. ajl the officers and foldiers of the Continental Army, of the Militia, and all recruiting parties, plundering nny perfon \vhatfoever, whether Tories or others. The tff* plied to fublic ujts in a regular manner; and it is expedtcd ttu.t bumdulty and tendfn;cfs totvotnen and children will diftinguifh bravt Anuf\ctuu t c'jr.ltr.ding jar liberty, from in- famous mercenary ravagers, whether Britiih or Ilemaus. Trenton, Jan. i ? 1777. G. WASMINCTOK. Did any Monarch in Europe begin this year with ich a glorious act of humanity, i^nd regard to the public, as Difiator V/afhington in America ? " Grecnivll, March 16, 1777. " The bearer hereof, Nehemiah Lifcome, being an infamous Tiry and proftjl '( enemy to the United Statts of America, and coafetjuently having no right to a rcfulence " or dwelling on this Continent, is hereby ordered to remove liimfelf immediately to f Long Ifland, &c ? &c, &c. " By order of Major Gen. Woojltr, " Jxo. Cofiat Ogd(n t A'd-dt-Camp." I 3 war war, a war agalnjl France, befides 200,000!. at leaft towards the building of Blenheim-houfe, and above 100,006!. for the fupport of the poor Palatines. We have a refolution of this Houfe, Sir, on a report from a Committee, which ftates this very fully. It is on the Journals of May 13, 1715, and in the following wotds : " Refolved, that the fum of 700,000!. per an- t( mini was fettled upon his late Majefty King William " during his life, for the fupport of his Majefty's " houfehold, and other his neceffary occaiions ; and, " at the time of his Majefty's demife, after the deduc- " tion of 3,700!. a week, that was applied to the , " public ufes, was the produce of the Civil Lift re- " venues, that were continued and fettled on her late " Majefty Queen Anne, during her life." The de- duction for public fervices of 3,700!. a week, or 192,400!. a year, from that part of the Civil Lift re- venue called the " Hereditary and Temporary Excife" was firft made in the laft year of King William. Not- withftanding this deduction, the Civil Lift Funds pro- duced in that very year 709,420!. In the firft of Queen Anne the fame Funds with the fame deductions were fettled on her for life, and declared to be for railing 700,006 1. for the fupport of her houfehold, and the dignity of her government. In the 9th of her reign the old Poft-omce act was repealed, and a new General Poft-office with higher rates was eftablifhed, in confideration of which another deduction was made .from the Civil Lift revenue of 700!. a week, or 36,400!. a year. Both tlrefe deductions have ever lince been continued. George I. had the fame revenue fettled upon him asi Queen Anne ; but if 300,000!. paid him by the Royal Exchange ( "9 ) Exchange and London Aflurance Companies, and a million granted in. 1726, towards paying his debts, are included, his income will appear to have been nearly 800,000 1. -per annum. In the firft fpeech to his Parliament he took notice, " That it was his happi- " nefs to fee a Prince of Wales, who may, in due " time, fucceed to the throne, and fee him blefled * f with many child ren." Yet the eftablifliment of the Civil Lift at the beginning of that reign was only fettled at 700,000!. a year. It was not till after the great expences confequent on the .rebellion of the Earl of Mar, and the other perjured Sc ots, who, although they had taken the oaths to his government, traiteroufly waged open and impious war againft a mild and juft Sovereign, that the Parliament paid the King's debts. In the reign of George I. the Prince pf Wales had an eftablifhment of ioo 9 oool.. per. annum. George II. had a very numerous family, and 800,000 1. was at firft fettled upon him, with whatever furplus might arife from the duties and allowances compofing the Civil Lift revenues. In 1736, that part of the hereditary and temporary excife, which confifted of duties on Spirituous Liquors^ was taken from the Civil Lift, in confideration of which 70,000 1. was transferred to it from the aggregate fund. The income of George II. including 115,000!. granted in .1720, and 456,733!. in 1747, towards making good the deficiencies, which had arifen in the Civil Lift duties, was 810,749!. per annum, for 33 years. His late Majefty likewife had in his reign a Scotiflj rebel- lion, carried on by many of the fame traitors, who had been pardoned by his father. The expence of that re- bellion to the King and kingdom \vas enormous, for it I 4 was ( 120 ) was not confined to the extremities of the ifland, but raged in the heart of the kingdom, and the rebels ad- vanced to within a hundred miles of the capital. Such an event, Sir, not unforefeen, becaufe foretold, was a juft ground for the Parliament's difcharging a debt contracted by fecuring to us every thing dear to men and Englifhmen. The eftablilhment of the prefent King, at the yearly rent charge to the nation of 800,000 1. was a meafure at that time equally pleafmg both to the Prince and people. The minifter boafted that there was not a pofliDility of any future difpute about the hereditary revenues, or concerning accounts fufpected to be falfe, wilfully erroneous, or deceitful, kept back, or anti^ cipated, to ferve a particular purpofe. I am aware, Sir, that the Civil Lift revenues have been increafing for many years. The mean annual produce for the laft five years of George II. was 829,150!. and for the firft fix years of his prefent Majefty, it would have been, had the eftabliihment in the late reign con- tinued, 894,000!. In 1775, it would have been 1,019,450!. Near 90,000!. per annum of this great increafe has been produced by an increafe in the Poft- office revenue, occafioned chiefly by the late alteration in the manner of franking, and by the falling in of the crofs pofts to the public by the death of Mr. Allen ; but thefe profits would probably, at leaft cer- tainly ought to, have been referved to the public, had the eftablifliment in the late reign been continued. At the foot of one of the accounts on our table it is flared, " The amount of 800,000!. granted to his " Majefty from the 25th of October 1760, to the k th of January 1777, is 12,965,517!. 45. pd. |. "The ( Ml ) u The produce as above exceeds the annuity by " 2,381,241!. 95. id. f. But Parliament granted to " pay off the Civil Lift debt, on the 5th of Jan. 1769, " outofthefuppliesfor the year 1769, 513,511!. which " being deducted Ihews the gain to the public to be, ft 1,867,730!. 95. id. |." The bargain concluded for the public was of an annuity to the King of 4 clear 800,000!. fubjedt to no deductions, or contin- gencies for his life, on a folemn promife of that be- ing made to bear all the expences of the Civil Lift, and the Royal houfehold. It was a fair compafl of fi- nance between the King and the fubject, ratified by both parties. The moft explicit aflfurances were given by the Chancellor of the Exchequer, in the King's name, that no more (hould be afked, and that now his Majefty could never be under the difagreeable ne- ceflity of importuning this Houfe with meffages of perfonal concern. I have, Sir, carefully examined the Accounts laid before this Houfe, by his Majefty's command, the eight folio books, as well as the other papers. I will venture to fay they are as loofe, unfatisfaftory, per- plexed, and unintelligible as thofe delivered in by the noble Lord with the blue ribband in 1770, a year after the former demand to pay the debts on the Civil Lift. I am, fure, Sir, more loofe, unfatisfactory, perplexed, and unintelligible, no accounts can be. Their defec- tivenefs and fallacy is highly culpable. The coming to Parliament at that time with fuch a demand, but without any account whatever, was an infult to this Houfe, and the now laying before us fuch accounts as thofe on the table is a folemn mockery. Many gentlemen in the Houfe declared the laft week their opinion, C (opinion, that, after the flricterT: examination, they could make nothing of thole former accounts. It was not intended they ihould. One particular only fixed my attention as an individual. Under the head of fe- cret and fpecial fervice, I find that between Oct. 1762, and Oct. 1763, a moft memorable year, there was iflucd to Samuel Martin, Efq. 41,000!. We have indeed, Sir, had a week allowed to go through thefe accounts ; but I will venture to affirm, that a year would not bfc fuiEcient to clear them from their fcudied perplexity, to give order and light to fuch a chaos. The moft able accomptants do not pretend to understand them. They would puzzle a De Moivre. ./Egyptian dark- nefs hangs over the whole. There is not one friendly ray of light to lead us through this labyrinth. No account, Sir, whatever is given Parliament of the -other confiderable revenues of the crown, befides the an- nuity of 8oo,oool. I do not mean the income of the elec- torate of Hanover, or Bilhopric of Ofnabrug, but what his Majeily enjoys as King of England. That is a fair confederation with us, when the Houfe are providing for the fupport of the luftre of the crown, at prefent, I fear, a little tarnijbed. The extraordinary revenues of the Crown are, the revenue of Ireland, the Duchy of Cornwall, the land revenue within the principality of Wales, the revenue of Gibraltar, American quit- rents, now generally loft, irredeemably loft, the Plan- tation duties .of 4!. | per cent, from the Leeward iflands, fines, forfeitures, and many other particulars, which certainly carry the Royal income to muc'h above one million a year. We may form feme guefles from the grants we find made. From the revenue of the Duchy of Cornwall it appears that 1.7,000!. ilfued i to to Mr. Brad/haw in one year, and I i,oool. in another. From the 4!. f per cent, in 1769, for hisMajejlysfyeclal fervice, 14,742!. to Sir Grey Cooper. In 1771, John Robinfon, Efq. received 1 0,000 1. of the Virginian quit-rents, the laft payment I believe of that nature. Sir Grey Cooper in 1769 received 2,144!. from the revenue of Gibraltar ; and' in 1765 the fum of 13,804!. was iflued thence for fpecial fervice. Such copious ftreams muft flow from rich and abundant fountains. The Plantation duties of 4!. i per cent, produced, in 1753, the fum of 27,377!. Fines and forfeitures arc a very confiderable addition to the Royal revenue. I was plundered in one year of loool. by two fines, one of 500!. for a pretended libel, and another of the fame fum, becaufe I had a laughable poem * locked up * The Ir.te Speaker of the Houfe of Commons, Sir John Cuft, the weakeft as well as the moft abje<5l of all minifterial tools even in that Houfe, who, by betraying the rights of the Commons expected to become a Lord, contrived in conjunction with 'a Mr. Filmer, Clerk of the King's Bench Treafury, to hold out a laughnblt poem to the nation as " blafpbemy." When Mr. Wilkes was a prifoner at the bar of the Houfc 'oh the 3ift of January 1769, he complained of this injuftice. Mr. Speaker, I am forty to be obliged by the regard I have to truth, and the vindication of rr>7 honour, to take notice in this public manner of an injury repeatedly done me \>yyou, Sir, in the Votti of this Houfe, published to the nation by yiur authority, and in year name. I find it is aliened tkiee times, in the fates of laft November, that there is a record of" blafpbemy" againft me. I am fure that no fuch record ever exifted. The aflertion is entirely void of truth. I am therefore neceffitated to make my appeal to the Houfe againftjaz/, Sir, for having charged me with being convicted of a crime, fcf which I am innocent, and fpread an unjuft accufation throughout the kingdom, under the fan 61 ion of the Speaker 'i authority. In the good old Speaker's [Onjlym'i] time, when any miilake accidentally, and none ever but by accident THEN appeared in the Votes, the error was not only always acknowledged with candour, but fpeedily rectified. The falfe charge againft me in fo unjuftifiable a manner ftill remains on your Volts in full force. I feel it, Sir, as I ought ; but I fubmit to the \vifdom and juftice of this Houfe the mode of reparation of my injured honour. Journals; Jan 31, 1769, vol. 3*. page 169, Ordafed, ( 124 ) up in my bureau, which adminiftration hired a rafcal of a fervant. * to ileal, and then they contrived to The Ordered, That the Entries in the Votes of the Titles of the copies of the Records piefentedto thisHoufe upon the i^d day of November laft, be fo altered, as particu- larly to exprefs, that the words " for a libel" and for " blafpbemy," contained in the faid Entries, were part of the titles indorfed by the Officer, [Mr. Filmer] who pre- fented the faid Copies, and no part of the faid records ; nor intended to convey any ofi- niin of the Hwfe concerning them. In the firft debate on the Middlefex elections in the prefent Parliament, Feb. 22, 1775, Charles Van, Efq. Member for Brecon, mentioned this record as for " blaf- " fbe>ny." Mr. Wilkes immediately called him to order, and defired the above extracts frem the Journals might be read. Mr. Van very ingenuoufly confeiTed his miftake. * Michael Curry. Not a printer, nor a printer's devil, would afterwarc's aflociate \vith this fiend. He ran away from the capital, firft to Norwich, and afterwards to Briftol, where he delivered the world from one of the moft wretched, as well as wicked, of the human race. On the 3d of Auguft 1 768, he made an affidavit at the Manfion Houfe before the Lord Mayor Harley, which has been printed in all the pa- pers. He was frequently with the peer, who is commonly called jftmmy 'Tivitcber. In the affidavit he fwears, " that when he told his Lordfhip of the robbery he had "committed on his Mailer, Lord Sandwich anfwered, Ym have Javed the nation, *' and you may dtpend on any thing that is in my power ; that, the inducement to him to " commit the robbery was the money offered him, and the large promifes from tbojt " in poioer." His Lordftiip was then Secretary of State. The affidavit likewife ftates, " thatFaden, and Haflhl!, two known minifterial age:.ts, defired him to name <* any fum, and that he might depend on being fupported from any injury he might " apprehend, and firmly rely on being protected b/ tbofe \nfrMtr" Curry was af- jferwards examined at the Bar of the Houfe of Commons on the 3 ift of January 1 769. He then declared, that he " lived for fometime at the houfe of Philip Carteret Webb, " Efqj Secretary to the Treafury, that he was coffined there, that Webb fent him to " Carrington, one of the King's meffengers, who regularly every week fupplied him " with^money, that Webb faid he might depend upon being taken care of, that^e- t( vernmtnt w.uld take cars t>f him fnr Jui-rendtring the cofy, and giving the rvidtn:t " againft Wilkes^ that Carrington declared he was accountable to gove- nmtnt for the <{ money h$ paid him, that L ord Sa>:d-wi:h told him, he might depend on any tb:n% in " bis pvwei y that he had loft his character, that no one would afterwards employ him, Sec. &c." There was not a man of honour in Europe apqnainted with this black tranfac- tion, who did not blulh for the conduct of the court of England on this occafiqn. Every liberal idea was facrificed to a perfonal pique of the Prince. The infamy of corrupting a fervant to rob his mafter, the bafenefs of confining a gentleman for a year in prifon, and the meannefs of picking his pocket of 500 /. becaufe he liad aloof* The bufmefs of this day, Sir, is naturally branched out into two parts, both which certainly claim our ftrit attention. His Majefty's meffage points them out to us. The firft is the outftanding debts, the fecond the increafe of the eftablifhment of the Civil Lift. Before we proceed, Sir, to take into confideration the payment of the King's debts, we ought to enquire in what manner they have been contracted. The King has enjoyed ever fince his acceffion the greateft unap- propriated revenue of any prince in Europe, and the ex- pences of the whole Royal Family have never exceeded 160,000!. a year. A Committee Ihould be appointed for both the purpofes mentioned, and papers very dif- ferent from thofe before us ought to be fubmitted to Parliament. It is impoflible for us now to form the a loofe poem locked up in a private clofet, had not been known in the moft defpotic countries, and betrayed a fpirit of injuftice, revenge, and cruelty. The fitteft agent was employed for fuch a bufmefs, Jemmy T-iv-tcbcr, then Secretary of State, bomo foft bunintt natis turpijjimus, JceleratiJJimus, cofitaminatijjimu!. Even Lord Le Defpencer, one of the firft and moft eager court vaflals, who vowed unconditional fubmijjion to the Thane, and fwore fealty at the Ihrine of Bute, even he condemned the breach of honour and convivial friendfhip, without the pre- text of any injury, or even previous quarrel in his brother peer. At the conclufion of the Secretary's fpeech in the Houfe of Lords, Lord Le De- fpencer exclaimed aloud, " that h* never before heard the devil preach a fer- " mon againft fin." A great writer obferves, that every man hat a right to bave foifsns in hit thfet. The crime is in tbt vending. The conduct of Henry IV. of France on the publication in 1605 of the famous libel called L'ljle ties Hermaphrodite;, was worthy of that great King. Ce petit libel (qui etoit affez bien fait) fous le nom de cette Ifle imaginaire, de- couvroit les moeurs et fajons de faire impies et vicieufes de la Cour, faifant voir clairement que la France eft maintenant le repaire et 1'afyle de tout vice, volupte, et impudence, au lieu que jadis elle etoit une academic honorable et feminaire de vertu. Le R;i le voulut voir et fe le fit lire ; ct encore qu'il le trouvit un peu libre et trop hardi, il fe contenta neanmoins d'en apprendre le nom de 1'auteur, qui etoit Arthus Thomas, leyuei il n; voulut qu'sn ricbercbaf, faifant ecnfa'encf, difoit- 'd, de facbtr un bomme pour avoir die /. -neriie. Journal du regne de Henri I\ r . Par M. Pierre de 1'Etoile, Grand Audiencier en la Chaiicollerie de Paris, vol. III. p, a;3, 179- Ed. La Ha^'e, 1741. flighteft C 126 ) flighted conjecture from thefe accounts in what way fo enormous a debt as 618,340!. has been contracted. It is aftonilhing that there ihould remain in cafh in the Exchequer on the 5th of Jan. laft only 35,640!. The Queen has indeed 50,000!. a year very regularly paid; tut the expence of the prince of Wales and the Bifhop ofOfnaburg is charged from 1769101777 only 42,242!. Prince William Henry and Prince Edward, for the fame period, 5,017!. The King's meflage, Sir, leads us to confider the ftate of the whole Royal Family. His Ma- jelly has two brothers, univerfally beloved by the na-* tion. I find no trace of any debts contracted by the crown on their account ; no princely grants to either of the King's own brothers. As an Englifhman I regret the fcantinefs of their incomes. The Duke of Glou- cefter feems doomed to pafs his life abroad; and it is certainly neither from choice, nor from the ill flare of his health. The Duke of Cumberland is happier, and lives in England. He pofiefies all the virtues, and fup- ports with dignity the rank, of a private, benevolent, amiable Nobleman. His income is by no means ade- quate to the fplendor of a Prince of the Blood, of a Prince of the blood fo near to the King as his Majefty's own Brother. How then, Sir, has this enormous debt been contracted ? No outward magnificence has dazzled our eyes ;. no internal, domeftic profufion has been imputed to the Lord Steward of the houfehold *, who * With the greateft unappropriated revenue of any Prince in Europe, have we not fcen you reduced to jucb vile and fcrdij dijireffei, at Witttd have conduced any other man to a prifon ? Is it not notorious that the vaft revenues, extorted from tbc iabnur and indujlry of your fubjcfit, and given you to do honour to yourfelf and to the nation, are difiipated in corrupting their reprefentatives f Junius. Preface, p. 29. In the debate in the Houfe of Lords on the debts of the Civil Lift, April 16, 1777, Earl Taibot, Lord Steward of His Majefty's Houfehold, tile tear flatting from ( "7 > who almoft alone has continued in office this whole, reign. We have fcarcely the appearance of a Court, even in the capital. Former Kings of England with very inferior revenues were generous and fplendid, their courts pompous and brilliant. All princely and royal vifitors were lodged in their palaces, and fplen- didly entertained *. His Majefty's residence at Wind- for the lafl fummer did not quite revive all the ideas of the magnificence, and even hofpitality, of the Plantagenets, nor efface all the glories of our Henries and Edwards. No {lately buildings, or proud pa- laces, no imperial works, and 'worthy Kings, have ex r cited the public wonder, or called foreigners from the continent to our ifland to admire the royal tafte and magnificence. An honourable gentleman -j~, Sir, tells us of the King's houfes. The former Kings of Eng- land, Sir, lived in palaces, not in boufes. His Ma.- jelt has not yet had a Scotijh rebellion to quell. The Royal revenues have not been expended again/I the Scots, but furrendered to them ; an idea little fufpe&ed by the people of England, when they gave at firft with fuch a liberal, and even prodigal hand. How then. Sir, has this debt been contracted ? There are no out-' ward and vifible figns of grandeur and ex pence. I, will tell the Houfe what is faid without doors, what the nar tion fufpefts, and therefore it becomes our duty fd from his eye, told many a piteous tale of the diftrefies of the royul houfeholil, kitchen, and ftables, of half-ftarved nurfes, fkullions, and grooms. . His Loidfhip faid, " he would finiih thofe fcenes of unutterabU -wae with a facft, -which had hap- " pened very lately. The King's coal -merchant declared, that he was fo diftreffed " for money, be iva naJy to turn bii Majejly tjf." * When the King's Sifter, the Princels of Brunfwick, paid the lail vlfit to the Court of England, Her Royal Highaefs was in rcady-fu. nijkcd ledgingt in Pali* Mall. fc Sir Grey Cooper, Bait. Member for Saltalh, Joint Secretary to the TreafuiyV inveftigate. ( "8 ) im-eftigate. The nation, Sir, fufpefts, that the re- gular,, minifte rial majorities in Parliament are bought by thefe very grants ; that in one inftance we attend to the evangelical precept, give, and it Jhall be given unto you , and that the Crown has made a purchafe of this Houfe with the money of the people. Hence the ready, tame, and fervile compliance to every Royal edict iflued by the Minifter. Inward corrup- tion * is the canker, which gnaws the vitals of Par- liament. It is almoft univerfally believed, Sir, that the debt has been contracted in corrupting the Repre- fentatives of the people, and that this public plunder lias been divided among the majority of this Houfe, which is allowed to be the moft corrupt afTembly in Europe, while the honeft and fair creditors of the Crown have been reduced to the greateft diftrefs. Companion to them is only made the pretext of the prefent meflage* This, Sir, is a fit object of parlia- mentary enquiry. * Other princes, befides his Mnjefty-, have had the means of corruption within their reach, but they have nfed it with moderation. In former times corruption was confi- dered as a foreign auxiliary to government, and only called in upon extraordinary emergencies. The unfeigned piety, and fancTified religion of Ges>-gc the Third have taught him to new-model the civil forces of the ftate. The natural refources of the Crown are no longer confided in. Corruption glitters in the van ; collects and maintains a (landing army of mercenaries, and, at the fame moment, impoverifhes and inflaves the country His Majefty's predeceffors (except that worthy family, from which you, my Lord, [the Duke of Grafton] are unqueftionably defcended) had fome generous qualities in their competition, with vices, 1 confefs, or frailties in abundance. They were Kings, or gentlemen, not hypocrites or priefts. They were at the head of the church, but did not know the vnlue of their office. They faid their prayers without ceremony, and had too little prieftcr.ift in their underftanding, to reconcile the fauctimonious forms of religion with the utter deltruclion of the mo- rality of their people. My Lord, this is fact, not declamation. With all your par- tiality to the houfe of Stu trt, you muft confefs, that even Charles the Second would have blufhid at thofe eager, meretricious careflcs, with which every fpecies of private vice and public proftitution is received at St. JawcSt. Junius, vol. II. pages 249, 250. The C 129 ) The alarm has fpread through the country. The charge is taken up by almoft every independent man in the kingdom. It is afked, Did the laft parliamentary grant .of 513,51 il. fo lately as 1769, to pay the King's debts, give fatisfaftion to the honeft tradefmen and infe- rior dependents of the crown, or was it diverted another \vay? The majority of this Houfe, Sir, ought not to lie under this fufpicion, nor will they, if they are inno- cent. They ought likewife to vindicate the honour of our Sovereign from the foul fufpicions which are gone abroad on this fubject. A heavier accufation can fcarcely be brought, Mr! Locke, Sir, in his chapter on the D'ljfolutwn of Government, fays, " He (the fupreme Ex- " ecutor) affs contrary to bis truft, when he either employs (t the force, treafure, and offices of thefociety, to corrupt " the reprefentati'ves, and gain them to his purposes, or " openly pre-engages the eleffcrS) and prefcribes to ihcir " choice, fuch, whom he has by felicitations ', threats, pro- ** mifes, or other wife, won to his defigns', and employs them f< to bring in fuch who have promifed before-hand what ts to vote, and what to enaft." What, Sir, was the cafe of Hine's Patent Place in the collection of the cuftoms at Exeter, publicly fold, and the money given, not to a needy public, but to General Burgoyne, to reimburfe him the expences of the Prejlon election, and the fub- fequent profecution and fine of icool. by a court of law, for the outrages committed in Lancafhire againft the facred rights of eledtion ? That inftance alone me- rited an impeachment from parliament againft the pro- fligate minifler * of that day. * The Duke of Graftan. Junius adJrefleshis Grace in terms almoft of infpiration. " Your cheek turns r≤ for a guilty conlciencfe tells you, you are undone. Come forward, thou virtuous K miniiler, If there is, Sir, a fpark of virtue left among us, we cannot fit down contented with fuch loofe general ac- counts, that fecret andfpecial fervice, the Privy Purfe, uninifter, and tell the world by what mtereft Mr. Hine has been recommended to fo extraordinary a mark of his Majefty's favour : what was the price of the patent he has bought, and to what honourable purpofe the purchafe money has been applied. Xothing lefs than many thoufands could pay Colonel Burgoyne's expences at Prefton." Junius, vol II. p. 21. No fale by the candle was ever conducted with greater formality. I affirm that the price, at which the place was knocked down (and which, I have good reafon to think, was not lefs than 3,500 1.) was, ivieh your connivance and confent, paid ta Colonel Burgoync, to reward him, I prefume, for the decency of his deportment at Prefton. Page 23. Mr. Taylor and George Rofs (the Scotch agent and worthy confidante of Lord Mansfield) managed the bufmefs. Page 24. The chafte Dukt of Graf tin had commenced a profecution againft Mr. Samuel Vaugbany for endeavouring to corrupt his integrity by an offer of 5000!. for a patent place in Jamaica. A rule to fhew caufe, why an information fhould not be exhi- bited r.gainft Vaughan for certain mifdemeanours, being granted by the Court of King's Bench, the matter wasfolemnly argued on the 2 yth of November, 1769, and, by the unanimous opinion of the four judges, the rule was made abfolute. The pleadings and fpeeches were accurately taken in fhort-hand, and publifhed. The whole of Lord Mansfield's Speech, and particularly the following extrafts from it, deferve the reader's attention. " A practice of the kind complained of here is cer- " taialy dihonourable and fcandalous. If a man, ftanding under the relation of an " officer under the King, or of a perfon in whom the K' r ig puts confidence, or of a " miii-fter, takes money for the ufe of that confide nee the King puts in him, he bafeiy " betrays the King, he betrays his truft. If ihe King fold the office, it would be " acling contrary to the truft the conftitntion hath repofed in him. The conftitu- " tion does not intend the Crown fhould fell thofe office?, to r.Yife a revenue out of " them. Is kpofiible to heiitate, whether this would not be criminal in the Duke of " Grafton ; contrary to his duty as a privy-counfellor ; contrary to his duty as"S f! miniller; contrary to his duty as a fubject. His advice mould be free according to " his judgment ; it is Che duty of his office ; he has fworn to it." Notwithftanding all this, the chafte Dukt tf Grafton certainly fold a patent place to Mr. Hine, for 3,500!. and, for fo doing, is noxv Lord Privy Seal to the clufte George, with whofe piety we are perpetually deafened. If the Houfe of Commons had done their duty, and impeached the black Duke for this moft infamous breach of truft, how woefully muft pw, har.e/l Atan-fit/ii have been puzzled ! Hisembarratfment would have afforded the moft ri- diculous icene, that ever was exhibited. To fave the worthy judge from this per- plexity, and. the no lefs worthy Duke from impeachment, the profecution againft Va-tgkan was immediately dropped upon my difcovery and pulvlication of the Duke's, treachery. The fullering this charge to pafs, without any enquiry, fixes (hamelefs proftitution upon the face of the Houfe of Commons more ftrongly than ever the Middlefex election. Junius, vol. II. p. 27, ibe C ihe fteafurer of the chamber, the Cofferer of the Houfehold* Royal bounties, petifioris and annuities, fwallovv up almoft the whole Civil Lift. There is a general charge of penfions to the arhonnt of 438,000!. The * Penfion Lift * The Duke of Graf ten during his adminiftraHon carried the Penfan Lift to the ex- treme of infamy. Junius a(ks, " Has not Sir John Meore a penfion of 500!. a year? This may probably be an acquittal of favours upon the turf ; but is it poffible to offer a groffer outrage to a nation, which has fo very lately cleared away the beggary oftbe Civti Lift, at the expence of more than half a million ?" Junius; vol. I. p. 89. " If a late penfion to a broken gambler [Sir John Moo>e~] be an act worthy of commendation, the Duke of Grafton's connections will furnifh him with many op- portunities of doing praife- worthy actions. P. 95. The penfion of 1,200 1. a year to Paoli can be accounted for only two ways, either by the courtly principle now eftablifhed among us, of giving appiaufe and afliftance to all thofe, who have betrayed the public liberty, from the King "of Sweden to the late General of the Corficans, or as hufh-money to conceal the lhare of our court in the facrifice of Corfica to France. When Baron Van Swieten^ the late Minifter from the Emprefs Queen to the King of Pruflia, was in London, he faw and converfed with Paoli. The Corfican lamented, that in the late war againll France bt couU not be prcfent every where in bis iftand in e-vtry aflion. The Baron replied, that is no reafon for your doing nothing -where you <0i:re. The penfiou then ought to have been given him by France, not by England. " Le Compte dc " Grandmaifon prit le village d'Olmetta, d'ou le General Paoii s'etoit enfuit des le " premier ebranlement des troupes." Hifleire des Revolutions de Corfe. Par >1. 1'Abbe de Germanes. Paris, vol. III. p. 65. " II manquoit totabment de " cette bravoure, le foutien des ecats naiffans; et fi neceffaire vis-a-vis d'une " nation belliqueufe, qu'elle ne peut etre fUppliee par aticune autre qualitc. *< Ou ne 1'a vu dans> aucune action a la tete de fes compatriotes. II fe te- " noit toujours en arriere, et ne manquoit pas d'etre le premier a faire re- " traite des qu'il voyoit le fucces douteux," vol. II. p. iS8. " PaM ignorant la " vietoire fuyoit d'une cote, tandis que nom nous rctiriens de 1'autre." vol. III. p. 9$, There is a remark;ible appearance of candour and impartiality in this hiilory. The Abbe received the folemn thanks of the ftates of Corfica for the two firfl volumes, " II fut aiTete^ que Ton ecriroit, au nom des Etats a M. 1'Abbe Germanes nns " lettre de remerciement fur les peines et foins qn'il avoir pris;" *cc. &c. ' fa .. " tout eperdu, laiffa, pour fe fauver a travers les rochers, fon cl:tv-.l et fon pott- *' feuille a Murato," p. 132.. : ' Le General Paoli fe hata de quitter fa patri*; ^- n laiflant Abattucci a la tete des Nationaux qui tenoier.t encore les arnics ; il fe " fauva de Baftihca fur Quinza, et dela fe remlit a Porto Vecchio avee Clement " fon frere, quelques autrci chefs, et une centaine de Coifes attaches a fa perfonne,. " ou a fes ritbfcs)' vol. ill. p. 148. " 1'envie de pei-putuer fon gouvernement fuc *' fa premiere raiiba d'tt&t, et il-pre'fera' toujours jc. grandeur ferJKattili a U K i C '3 2 . ) Lift is. the, great grievance. From 1769 to 1777, there is a fmgle line of i 7 1 ,o.ool. fecret and facial fervice, if- fued to Sir Grey Cooper. In the fame period, under the fame article, 1 14,000!. to * John Robinfon, Efq; exclufive of enormous fums on the fame heads to the Secretaries of State, and the Secretary of the Poll- office, generally in one ihort, fmgle line. When we know, Sir, what profecutions have been carried on, a loofe article of 6o,oool. in one year, as la\v charges, ought to alarm us no lefs for the liberty of the Prefs, than for the private property of individuals againft un founded claims of the crown. We have feen the cruel invalion of both in this reign. Under the head of Con- tingencies of divers natures, we are loft and bewildered " <&/n nation il etoit beaxicoup moins capitaine que politique. An dffaut de bra- " vonre, il fubftituoit Tart d'en mbntrer. Feignant de chercher le peril au com- " mencement d'une action, il trouvoit toujours des amis difcrets, qui arretoient fon " ardeur quoique timidt da"i le combat, il etoit iardi dans le confcil, et ferme dan; " fes project ft ne pouvant phis maintenir fon pays dans la liberte dont il pretendoit " etre le reftaurateur, il fiit mart let armes a la nta'm a la tete de fcs compatriotes, " il pafferoit pour un /jt'i-os." p. 48. Such is the judgement paffed by a French Abbe on a republican General ? What \vas the glorious anfwer of the young Naflhu, after\vards our great Deliverer, to fome courtiers of Charles II, who hi the cit- fpenite fituation of Holland from the conquefts of Louis XIV. advifed him to accept the fplendid offer of being Sovereign of the Provinces under the protection of EngUind and France ? The hero replied, / Ht not furtive the liberties of my (ojt>y- I will die en the la/I dyke. Paoli ought to have died, {word in band, on the laft/rr? mountain of Cornea. But he now vegetates inglorioufly in a foreign coun- try, an*!, as Plautus happily expreffes it, in mundltiit, mottitiii, deliciifqut tetatulam ogit. He attends regularly, bows low, and fmiles eternally, at the levee of a Ki"g, by whom he is again moft gracioufly fmiled upon, careffed and penfaned. With the fpoils of his eiiflaval countr/, stid an F.nglifli penjion, this brave, frm, fierce, indepenji'>ri, Fr.] An allowance made to any one v^ithou? an equiva- lent. In England it is generally underftood to mean pay given to a ftatt hireling f'ir treajon Cc hit country. Pen/loner . n. f. [from ptnji<>i>~\ i. One who is fupported by an allowance paid at the will of another; a dependant. 2. A flave offtake hired by a ftipend to obey his matter. A Dictionary of the Englifh Language, in 2 vo\s. fol. by Dr. Samuel Johnfon. Vide Dr. Johufcn's Falfe Alurm^ and all his political traces. ceffary. ( '35 ) ceffary to fatisfy the people that the enquiry ihould be made, and therefore I hope the Houfe will inftrud the committee to that purpofe. Let me now, Sir, fuppofe, that parliament acquiefces with the prefent claim, what chearful ray of future hope have we to comfort us that future demands will not (ucceed ? Will this be the laft couh job, even of the prefent minifter ? No affurances whatever are given, not a hint of economy, or frugal management, or the leaft care of the public treafure in future. Surely fuch a mode of proceeding is highly unbecoming, indecent, and contemptuous. May I, Sir, pafs the invidious (freights of Calais, and confider the ftate of the neighbouring monarchy with refpedt to the king's houfehold and debts ? By two new edi&s for the regulation of the French King's houfehold expences, penfions, and royal bounties, all arrears are to be difcharged within fix years, and a fixed refolution is declared four concllier avec une fage economic les depenfes que liclat de fa eouronne peuf exiger* From the firft of lafl January all future ex- pences whatever refpedHng the houfehold are to be paid in the courfe of the current year. The very firft article is, " Pannee revolue de toutes les depenfes de " la maifon du Roi, tant par enterprifes que par " fournitures, fera a 1'avenir paiee comptant au Trcfor tf RoLal, dans le courant de Tannee fuivante, a raifon " d'un douzieme par mois.' Would to God, Sir, fuch a fpirit of juftice and reformation crofled the channel to this capital ! We, alas ! have not a gleam of hope of any reformation. The French King, Sir, has likewife two brothers, Moniieur, and the Comte d'Artois. They have found in their fovereign an af- K 4 tectionate fecYipnate and generous brother, not a gloomy tyrant, like * Louis the Xlth. They are an united and happy family. What the King has given them in im- portant grants, and en apanage, as it is called, enables them to fupport with eclat their high rank. The new regulations of the French King's houfehold expences and debts are founded in juftice, and occafion no extraordi- nary burden to his people. The frft Prince of the Hanover line obferved the fame conduct ; for the mf- fage of George I. to this Houfe, of July n, 1721, is, " that being refolved to caufe a retrenchment to be " made of his Civil Lift expences for the future, and " rinding that fuch a retrenchment cannot well be ef- " fected without difcharging the prefcnt arrears, v (< Majefty has ordered the accounts thereof to be .. ' Before the Houfe, and hopes he may be empowered " to raife ready money for that purpofe, on the Civil " Lift revenues ; which, to avoid the laying any new bur- (< den on his people, his Majefty propofes mall be re- " placed to the Civil Lift, and re-imburfed by a deduc- (f tiom to be made out of the falaries and wages of all " office.s, and the penfions, and other payments, from (C the crown." The venal parliament of 1769 gave the money out of the current expences of the year, with- out a lingl<; line of any account. When we are repeatedly told, Sir, of the prefent fplendour of the Britifh diadem, of the extent of ouf '* Mezeray, hiftcriojmpher of Trance, lays, " Confines nous le [Louis XI]. " depeint fuuritujtwtut 'fotifynneux et ja/oux de fa fuiffanee, trei abfolu dans fa -vo- " Ionic'*, qui ne parJannoit fr,':nt, qni a ttnibltmr.t fjule' fit fujets, et avec cc!a le " nciiUur dft Princes [tke btjt of Kings'] de fon terns. O^UELJ POUVOIENX ETRS " J.tS AHTRES ?'' Abrege Chronoloj'.ique de 1'Hiftoire de France, par le 'Sieur de Mezeray, afiie du France. Vol. VII. p. m. E<1. Amftei'dani, 1755. empire, ( 137 ) empire, and the greatnefs of our fovereign, I own that the diminijhed rays of the crown occur to my painful imagination. I am not dazzled, but mortified. It brings to my recollection what was find of Philip the IVth of Spain, when Louis XIV. was taking all the towns, one after another, in the Netherlands, " Sa " grandeur rejjemble a celle des fvjjes, qui de-viennent grands " a proportion des terr.es, quon leur oJe." The * noble lord near me has faid, that he wiflied a drift review of the whole eftabliihment of the crown, as to the Civil Lift. I perfectly approve the idea. Almoft the whole requires a new regulation. I think the judges in particular ought not to be paid out of the civil lift, but by the public. They cannot be now difplaced, but they may be ftarved by the crown. The fpirit of their independence ought to extend as well to their falaries, as to their commiffions. I obferve, Sir, in the Civil Lift accounts on the table, an article, " Lord Howe and Sir William Howe Commiflioners, " for rejloring peace in America lool. per week each, ar- " rears 1,742!." The noble Lord with the blue rib- band has juft called them Ambaffadors. Have we then already acknowledged the United Colonies of America as a fovereign ftate, like the United Provinces of Holland? If we have not, that event muft happen. The peaceful mode adopted by the brothers, according to my calcu- lation, will not foon rejlore peace in America. It may poflibly be the period of the Trojan war, ten years at leaft, fo that the nation may compliment the Hozue fa- mily with above one hundred thoufand pounds free gift, at the rate of lool. per week each brother, beiides the * Lord John Cavendifh, Member for York. fettled fettled pay and perquifites, as officers. But, Sir, what connection has fuch an article as this with the Civil Lift, with his Majefty's houfehold ? Let us not now, Sir, ralhly proceed in the iniquitous method of deciding on thefe two important queftions, the expenditure, and the increafe of the Civil Lift, without hearing the evidence, or hearing it only in part. We have not fufficient Data to proceed. By fuch injuftice we loft America. We profcribed the in- habitants of Bofton without hearing them, and in the fame manner adopted coercive and fanguinary meafures againft the other colonies. Let us not now advance a fingle ftep but with caution, with fear and trembling. We are afked to furnifh the minifters with weapons, which may be employed to our deftruction, againft the liberties of our own country. An increafed undue in- fluence muft neceflarily be created, and the overgrown power of the Crown enlarged. Minifters only want what are called tkcjinews of war. The doctrine is now avowed of the legality of introducing foreign troops in- to the Britilh dominions. The minifter has the power of the fword, when we give him that of the purfe. How many nations have totally loft their liberties by internal corruption, and by mercenary armies? There is an affected falfe alarm about faction and civil difcord, difturbances and * infurrections ; but it is well known, that civil diflentions have often among us been even fa- vourable to freedom. Montefquieu obferves of Eng- land, " On volt la libertt fortir fans ceffe des fiux de la * Wife and gwd Kings, being taught by reafon and experience, that nations de- light in the peace and juftice of a good goverment, will never fear a gtneral In- fvrrttilon, whilft they take care it be rightly administered, and find tbtmftlvtt by ti>ii meant (i>ejafe, Algernon Sydney, page 417. " dif cords ( 139 ) & cKfcorde et de la f edition, le Prince ioujours chaneelant !' fur un trone inebr ratable" I defire, Sir, to fubmit to the noble Lord near me, whether, in point of form and precedent, inftead of fafcharging the order for referring the King's mefTage to the committee of fupply, which his Lordlhip has moved, it would not be more proper to inftrucT: the committee on the two important points of the meflage, the paying his Majefty's debts, and the addition to the (landing revenue of the Crown. If his Lordlhip and the Houfe adopt that mode, I ihall then move, " That " it be an inft ruction to the faid committee, that, be- " fore they proceed to conlider of his Majefty's moil f f gracious meflage, they do confider of the caufes of " the debts due on account of the Civil Lift, and like- " wife what further proviiion may be neceflary to fup- made by Sir Robert Walpole, of acknowledged fuperiority to moft in Italy, and fcarcely inferior even to the Duke of Orkans's in the Palais Pvoyal at Paris, may be fold by the family. 1 hope it will not be difperfed, but purchafed by parliament, and added to the Britijh Mujeum. I wifh, Sir, the eye of painting as fully # -gratified, ( '43 ) gratified, as the ear of mufic is in this I/land, which at laft bids fair to become a favourite abode of the polite arts. A noble gallery ought to be built in the fpacious garden of the Britijh Mufeum for the recep- tion of that invaluable treafure. Such an important acquifition as the Houghton coilettion, would in fbme degree alleviate the concern, which every man of tafte now feels at being deprived of viewing thofe pro- digies of art, the Cartons of the divine Raphael. King William, although a Dutchman, really loved and underftood the polite arts. He had the fine feelings of a man of tafte, as well as the fentiments of a hero. He built the princely fuite of apartments at Hampton- court, on purpofe for the reception of thofe heavenly guefts. The Engliih nation were then admitted to the rapturous enjoyment of their beauties. They have remained there till this reign. At prefent they are periming in a late Baronet's * Jmoky boufe at the end of a great fmoky toTpnJf. They are entirely fe- creted from the public eye ; yet, Sir, they were pur- chafed with public money, before the acceffion of the Brunfwick Line, not brought from Herrenhaufen. Can there be, Sir, a greater mortification to any Eng- lifh gentleman of tafte, than to be thus deprived of feafting his delighted view with what he moft defired, and had always considered as the pride of our ifland, as an invaluable national treafure, as a common * Sir Charles Sheffield's boufe in St. James's Park, now called the Queeem's Palace. f The royal Procruflcs, who has founded an Academy of Painting, after an exaft admeafurement, obierving very fagacionfly, that " the Car :<>., were /*> long, and ought to be cut Jhcrtsr," % facrilegious hand was found, which Ao'rf/co rtftrtm ! mangled the divine works of the moft divine artift, that they might exactly fit &cir prefeat improper, ignoble fituation, blefling. ( 144 ) blefiing, not as private property? The kings of France and Spain permit their fubjefts and Grangers the view of alithe pictures in their collections ; and fure. Sir, an equal compliment is due to a generous and free nation, who give their prince an income of above a mil- lion a year, even under the greateft public burthens. A remarkable opportunity, Sir, of improving the national tafte m painting, which was lately loft, I hope 1 may now be recovered. The incomparable Sir Jomua Reynolds *, and fome other great painters, who do honour to our country, generouily offered the late bifhop of London -f- to adorn the cathedral of St. Paul's, that glorious monument of the magnificence of our anceftors, with fome of their moft valuable works; but the proposition had to encounter the ab~ furd, gothic prejudices of a taftelefs and ignorant pre- late, which were found to be infuperable. We have the fatisfadlion at prefent of having in the fee of Lon- don 'I a gentleman 7 not only of folid piety, but of the **Sir Jofbua Reynolds has given this iflruid a fair claim to the following beautiful lines Mr. TickeU: See on her Tu'unt and. her Gu'do's urns Her tilling aits forlorn Hcfpir:a mourns ; While Britain wins each garland from her brow, Her ivit and frttdcmfirjl, utr painting new. f- Dr., Richard Terrick. \ If I "may 'be indulged a conjecture, it Ihould be that not &e filiJ piety, nor the /ot/ learning, nor che clajjlcal taftt, nor the merited correction, which, in the caufe of polite literature, the prefent Bifhop of London gave the mitred cyn'ick of Claucefler, captivated Mr. WUku fo much as that love of liberty, and deteftation of tyrant", which are confpfcu'oUS in the writings of our excellent Diocefan. In his lectures " De facra Poefi Hebrsorum," a wonderful vvwk fmm the Clarendon Preft at Qxfcrii, with tha -rnp- -.matur of the Vice Chancellor Browne in 1753, this worthy Prelate quotes with diftinguilhed pniife the tnfpired verfes fung at all the public fefcivals of the Athenians in honoarofthe Greek heroes, Harmodius and Ariftogitoti, vrhd flew the tyrant Hipparchus. The good Bifhop declares the verfes to be " ingenioli cete poetx, et veldt bow civu" $ >C. .Robert Lowth. Nun* the founded learning, and of exquifitc, clafiical tafte, I hopejat fuch a favourable moment the proportion will be renewed and accepted* As Num verendum erat, ne quis tyrannidem Pififlratidarum Athenis inftaxirare p.u- dieret, ubi in omnibus conviviis, et aeqiie ab infima plebe in compitis, quotklie cantitaretur XxoAwy illud Calliftrati nefcio cujus, fed ingeniofi eerte poets, et valdt bvni (;vit f O?t Iva crffl nr;i TuJijv TS f n Ev /ut/e?B xXa flc-TTio AgfAoJjOf o)' Afiyi7jf tv -S Av^j Tvgflsvwy Ii AH The idea in the Greek verfes, which the Biihop fo juftly admires, of the tw heroes hearing their daggers in branches of myrtle, was taken from, what happened at the feaft of Panathenxa. The Athenians cr.rried large myrtle Lrancbet in all their great lolemnities and facrifices. Among thefe the patriotic darken of Harmodious and ArUlogitpn .were concealed. Undoubtedly they thought with all antiquity, that thofe, who trample on the equal rights of mankind, and rife fviperior to the laws of their country, fo that they cannot be brought to a formal trial, nor made to expiate their crimes by the jiuord ofjufliu, may be righteoufly punifhed by the daggL> uj fat> 10.. im. The Greeks and Romans not only fftke dagger], but ufett tbtm in the caufe of liberty, for they believed that the moft acceptable facrince t* the Gods was an ufurper, or human tyrant. fiSlmf. baud ulla amplior Poteft, magifque opima maclari Jo\i Quam rex intuits. BENECA. When the City of Lodon, in 177:, voted zfilvcr evp to Mr. JVtlkes for his de- fence of freedom in the cafe of the printers, and left the defign and ornaments to his direction, the Death of C#(ar in the Roman fenate w^as the fubject of his choice. It is certainly one of the greateft facrifices to public liberty recorded in hiilory. The tia^ , ; / in the nrft quarter of the City Arms> which of courie were to be embofied on the vafe, does not feem to have fuggefted to him either the idea of the dagger, with which Sir William Walworth ; a Lord Mayor of London in the reign ( 147 ) each other, they will likewife give each other a mil- tual afliflance. The beautiful art of engraving, which is now carried among us to an aftoniihing degree of perfection, will come to the aid of her lifter />. inling. We have fhewn our attention to that art this very ief- lion. I hope hereafter, even in this cold, raw cli- mate, to be warmed with the glowing colours of our own gobelins tapeftry, and I wifh encouragement was given by parliament to that noble manufacture, which in France almofl rivals the powers of painting. The important advantages of fuch a commerce too we may learn from our neighbours. I am not alarmed, Sir, at the great expence, which fome gentlemen feem to dread as the inevitable con- fequence of what I have mentioned. The treafures of a ftate are well employed in works of national magni- ficence. The power and wealth of ancient Greece were moft feen and admired in the fplendour of the temples, and other fublime ftrudtures, of Pericles. He boafted, that every art would be exerted, every reign of Richard II, killed Wat Tyler, or of the " curtana," the " fhort fword" of St. Paul, according to the idle difputes of dull antiquarians ; but probably it furnifhed the hint of The dagger wont to pierce the tyrant's bread. POPS. Julius Caefar is reprefented in the bafs-relief on the vaff, as he is defcnbed by all hiftorians in that important moment, gracefully covering himfelf with the toga, and falling at the hafe of a pedeftal, which rapports the ftatue of Pbmpey the (Jreat. Brutus, Caflius, and the other noble Romans, who confpired to reilore freedom to their country, form a circle around the body of Caefar. Their da^en, after the gnsl'.ke ftrokc, feem reeking with the tyrant's blood, and are raifed to heaven. Every eye is fixed on Brutus, who is in the attitude of congratulating Cicero on the recovery of the public liberty, and pointing to the proftrate and ex- piring ufurper. The figure of Bnitus ftands ou: in very bold and high rc/iw, ii particularly ftriking, and the capital of the whole groups. At the bottom of the Vafe is the following infcription^ encircled with my n't and gives a remarkable inftance t>f an attack on the liberty of the fubjeft by the Houfe of Lord* in the preceding The exercife of any illegal power, much more, when we ' either exercife, or folicit it ourfelves. This the late Houfe " The laft year, gentlemen, has paffed without any attack on our rights an-' pri- vileges from the Houfe of Commons. That arbitrary and unprincipled body has been almoft wholly employed, with the induftry and fpirit of nends, in the vain and wicked attempt of perfecting their plans to eftablifh dtfp'j ifm in N:w England, and Popery in Canada. They have flamed the Britifli laurels with the ^iltleli blood of our fellow-fcibjecls in America. Bat the Houfe ef Li-d* early in the prefent year made a direct attack on the rights of every Commoner in England, aad the effenthd privileges of this city. They ordered a citizen, Mr. Randall, unheard, into cuftody, without any appeal to a Jury, only for difrefpectful words againft a Member of their Houfe [Lord Lyttelton"), AUhough parties, they endeavoured to eft.ibliih themfelve;; judges in their own caufe, in equal violation of the dictates of common fenlc and jirf- tice, and in the firft inftance, not; by an appeal from an inferior court to them, as the fupreme judicature of the kingdom. The Gemltm a Ujbsr of the B'.a k /?^[Sir Francis Molyneux] came repeatedly with his aftiftants here to feize a citizen ; but notwithftanding the exprefs affertion in the order of the peers, that he (Tumid find it zfujjicicnt -warrant for the attachment of the body of a freeman, Mr. Randall remained fafe in his own houfe under the protection of the laws, and your Chief Magiftrate. The officer of the Hcafe cf Lirds preferred an ignominious retreat to VVeilminfter to the certainty of his own commitment in the city by a reai'y fufficis>;t warrant, which i would have ififued if he had perfevered. He made a report of what be b u-l nit j.)// ; and that dif^raceful entry in the J<.u>-nali of the Houfe of Lords gives us another de- monftration, that in this frte country all ufurped authority muft in the end yield to law and the conftitution, for Mr. Randal has ever fmce remained among us in per- fect fecurity, as uiimolefted from the illegal attacks of the Loidi, as Mr. Miller has been from the late fimily outrages of the Commons, &c. From the pre-eminence, gentlemen, to which your favour railed me, I now re- furn with pleafure tq my former itate of one of your magiftmtes, and to mingle with the mafs of my fellow-citizens, &c. &c, &c." Juivui in the letter of May z'i, 1770, fays, <( The arbitrary power they [the Lvrdi] have amimed of imputing fines and i-am-mitting daring t-le-ifurt-, will now be ex- ercifed in its full extent ;" and in a note he adds, " The m "> -VJM 'cfi;i* and overcomes this iniyuitcus power, aj/hmett by the LORDS, mujl bejufported by the un- an order- of imprifonment, nor to impofe any fines at their arbitrary L 4 will C i5 ) Houfe of Commons * did in the Addrefs to his Ma- jelly to difpenfe with the laws by iiTuing a Proclamation for Will for offences Cognizable by Jxriei. Ko man has been committed at their bar for ^vhat their f-t t, not the laws, declare feditious, nor for what they fo readily find a libel on a brother Peer, nor have they ventured to condemn any per fin on the fir/I ori- ginal btartag '.f a Cfuf,, *,btcb ought to cotm Ltfon t'otm /_) by atpealfiont the inferior Ciurtt after the verdict of a Jury. The Houfe of Commons have tacitly accjuiefced in the claim made by many of our worthy fellow-citizens for the ptoplt at largt, that the ronftitueuts have a right to be fully informed of the proceedings of their fervantt in Parliament. Their A*l/f S indeed afiert, " that it is an indignity to, and a breach " of, the privilege of this Houfe for any perfon to prefume to give, in written or * printed riewfpapers, any account, or minutes of the Debates, or other proceedings, " of the Houfe, or of any Committee thereof:" but the usurpation was apparent, as well as the >.- rity to their rnaSers, and the br'acb of the pr'wtltgei of their confti- tuents Their other Rej^lu'i.a in confequence fell into contempt, " that upon difco- " very of the authoi-s, printers, or publifhers of any fuch written or printed newfpa- " per, the Houfe will proceed againil the offenders with the utmoft fe*erity." Se- veral honefl printers, in defiance of their illegal orders, gave, the public all the particulars of their proceedings during the laft Seffion, proceedings which the Houfe prudently endeavoured to hide in a darknefs fuited to their deeds. The moft natural effect followed, a general abhorrence of them through the nation. The fame pcrfons, who alTerted our right the laft winter, have through the prefen.t fefiion continued the exercife of it in its fulleft extent. Notwith- fb.nding the Report of the " Committee to examine into the feveral fails and " circumftances relative to the late obflruaions to the execution of the orders " of the Houfe, and to confider what further proceedings may be requifite to enforce " a due obedience thereto," was, in exprefs terms, that the Houfe jkmld order, that tbejaiJ]. MILLER le taken into (tiftody nf the Serjeant at A'lns attending the Haufe, the faid MILLER is ftill at large, ftill continues the fevereft attack upon them by faith- fully publifhing their proceedings, ftill braves their indignation, and fleeps fecure in the city. Among the number of daily offenders of this kind, the corrupt majority in the Houfe of Commons have not prefumed to commit a fingle printer, although r by * That their practice might be every way conformable to their principles, the Houfe proceeded to advife the Crown to publifli a PrMamM-m univerfally acknow- ledged to be illegal. Mn.Moreton [Chief Juftice of Chefter, and Attorney-General to the Queen] publickly protefted againft it before it was iffued; aqd L,ord Manf- field, though not fcrupulous to an extreme, fpeaks of it with horror. It is remark- able enough that the very men, who advifed the Prcdamatiu:, and who hear it ar- raigned every day both within doors and without, are not daring enough to utter on word in us defence, nor have they ventured to take the leaft notice of Mr. Wtlkpr>rchcnded under it. Letters of JUMKS, vol. II, y. if&. ( '53 ) for the apprehending of two perfons, not felons, but honeft laborious Printers, Wheble and Thomfon, in 1771. by the late Royal Marnagi Bill they have invaded the primary inherent rights of hu- man nature, and the divine inftitutions, in the perfons of the descendants of the late moft excellent King, and, regardlefs of the cries of the ftarving poor, employed themfelves this whole Saftion only to entlave the family of a Prince, whofe memory becomes every day more dear and facred to all true Englishmen. The people are now made the judges of the conduct of their reprefentatives ; and the full exertion of the l-kei-ty of the -ai-t Lords and pious prelates, excellent fjudg't / wit avi potty, aod orderetl to lie on the table, for the clerks of the Houfe "to ( 154 > 177 1 ' Yet I have heard this day, and frequently of late, that very Houfe of Commons, notwithftanding this to copy, and to puWfh through the nation. The whole of this proceeding was, I *' own, a public infult on order and decency ; but was committed by th litufe ef * Lords, not by the accufed Member of the Houfe of Commons." Journals of the Houfe of Lords, Nov. 15, 1763, vol. XXX. p. 415. Complaint was made to the Houfe of a printed Paper, intituled An EJJay on Woman, with n:t.s, to which the name of the Right Reverend Dr. Warburton, Lord Bifhop of Gloucefter, a Member of this Houfe, is affixed, iii breach of the Pri- vilege of this Houfe, ttc. And fome paffages in the faid printed papers being read, It was refolved by the Lords Spiritual and Temporal in Parliament affembled, that a printed paper, intituled, " Jin EJJay on Womam" with the notes, &c. highly reflecting upon a Member of this Houfe, is a manifeft breach of the privilege thereof, &c. &c. Journals of the Houfe of Lords, Jan. 43, 1764, vol. XXX. p. 456* The Lord Mansfield, Lord Chief Juftice of the King's Bench, fat Speaker. Ordered, That Jobn W'lket, Efquire, of Great George Street, Weftminfter, [knion to be then in Paris'] do attend this Houfe to-morrow \in Weflmin/ier']. Journals of the Hovife of Lords, Jan. zq, 1764, vol, XXX. p. 458. The Lord Mamfield fat Speaker. The Yeoman Ufher, being called upon to give an account of the fervice of the .Order of this Houfe for the attendance of Mr. WHkn, acquainted the Houfe, "that " he went, with their Lnrdfhips faid order, yefterday evening to Mr Wilkes's " houfe in Great George Street, Weftminfter ; and that Mr. W-.lkefs fervant told " him, he believed his Mafter was in France, for that he faw a letter from him on " Tuefday lall from Paris ; that he coxild not tell the date of it ; but as he was told " it was fix days in coming, he fuppofes it was dated about the 1 1 th of this month.' ' Refolded, by the Lords Spiritual and Temporal in Parliament affembled, That it appearing to this Houfe, that John Withes, Efquire, of George Street, Weft- minrter, is the Author and PUBLISHER of the " EJfay en Woman," with notes, &c. he be, for the faid offence, taken into the cuftody of the Gentleman UJher of the ELick Red. Accordingly, Ordered, by the Lords Spiritual and Temporal in Parliament af- fevnhled, that the Gentleman UJher of the Black Rod, attending this Houfe, do. FOR-IHWITH [at Paris'] attach the body of the faid Jobn Wilkes, and bring him in -fafe cuftody to the Bar of this Houfe, to anfwer for the faid offence ; And this Jball be ycu>- fujjicicnt warrant in that behalf. To Sir Septimus Robinfon, Knight, Gentleman Ufier of tbc Black Uo^attending thi'' Houfe, his Deputy or Deputies, and every of them. Dominus M-.nifitid, Capitalis Jullicir.rius Banci Regii, declaravit pnefens Par- li;;n\i.'iitum continuandum effe ufque ad et in diem Mercurii, vicefimum quintum diem inftmtis Januariii, hora undecima Auroras, Dominis fie decernentibus. This unconftitutional power of the Gentleman UJber of the Black Rod, an iron ted, fcy which the Lords have frequently and fordy chaftifed the nation, was deftroyed 3 ^ ( "55 ) this and many other violations of freedom, fpoken of here with great applnufe. Gentlemen, Sir, look much difp leafed. There is not, however, Sir, I am fatisfied, one Gentleman of the law, who will now get up in his place, and juftify the illegal Proclamation, which was protefled againft in this Houfe by fome of the ableft Lawyers among us before it iffiied, and has lince been univerfally condemned. It was by me fet afide judicially, and a man apprehended under that Royal Proclamation difcharged *. I obferve by Mr. Wilkts in 1775. Although it may continue a rod of anger, it will be no longer a rod (Aftrength or t>ff> fjfion, a fceptre to rule the people. It is broken , and like unto a rttd. The Lords, Spiritual and Temporal, rcfelving, on the motion of Lord Sand- wich, that Mr, lVillt.es had p--b!:Jh^d a poem, which be conceaaled from every friend, and they gave to the world, demonftrated a tolerable fhare both of folly and falfehood in their Lordfhips. It was properly indeed moved by the father of all fraud and treachery ; rut mankind deemed it in their Lordfhips a retaliation without the leaf* colour of jnftice, very unbecoming the Supreme Court of Ju- dicature in the kingdom, very becoming the Old Bailey. I ftiall conclude this dif- graceful bulinefs with the words of Mr. Wiikei at the Bar of the Court of King's Bench, April 20, 1768. " As to the other charge againft me for the pu&Hcatien of a poem, which has given juft offence, I will alTert that fuch an idea never entered my mind. I blufh again at the recollection that it has been at any time, and in any way, brought to the public eye, and drawn from the obfcurity in which it remained under my roof. Twelve copies of a fmall part of it had been printed at my houfe at my own private prefs. I had carefully locked them up, and I never gave one to my moft intimate friend. Government, after the affair of the North Briton, bribed one of my fervants to rob me of the copy, which was produced in the Houft of Peers, and afterwards before this honourable Court. The nation was juftly of- fended, but not with me, for it was evident that I had not been guilty of the leaft offence to the publis. 1 pray God to fa give, as I do, the Jury, who have found me GUILTY OF PUBLISHING a Potm I concealed ivitb care, and vabicb is not even yet PUBLISHED, if a precife meaning can be affixed to any word in our language." The deepeft guilt Was Lord Mansfield's, for the Jury were partly infnared by the fubtleties and pretended legal dillinclions, partly cajoled by the nods, winks, and fmiles, of that arch enemy of freedom, the artful Scottifh Chief Juftice, who hurried on, and tried this caufe, while Mr. Wilkes was dangeroufly ill in his bed at Paris from the confequences of an affair of honour. * The attack of the late Houfe of Com^nns on the poor Printers, who were pro- tected by Mr. Wdkn and two ether njgiftrates ; is of fo remarkable a nature, and has C '56 ) I obferve, Sir, on all occafions, a Tendernefs * for the proceedings of that Parliament, which is in no refpedt has been attended -with fuch happy confequences to the public, that it ought to be given at large. Since the beginning of that conteft to the prefent time, the penple have regularly been informed of the proceedings of their fervanti in the Houfe of Commons, in the making of laws to bind them. Almoft every newfpaper has during the Seffion of Parliament given us in a formal manner the Minutct and De- lates of both Houfes, under their refpedlive heads, Houfe of Lord^ and Houfe of Commits. This is an acquifition of no fmall importance to the public in a flate, \vhere the people have fo confiderable a mare in the government. It was a vidlory obtained in the caufe of liberty, not indeed fo glorious as that of Minden, nor fo im- portant as that of Culhden, but meriting civic crowns to three magLftrates. The following Refolution of the Houfe of Commons, however, ftill continues on their Journals. Journals of April 13, 1738, vol. XXIII. p. 14?. Refolved, " That it is an high indignity to, and a notorious breach of the ** privilege of, this Houfe, for any News-writer, in letters, or other papers (as il Minutes, or under any other denomination), or for any printer or publisher of * any printed News-paper, of r.ny denomination, to prefume to infert in the faid * letters or papers, or to give therein, any account of the debates, or other pro- * ceedings of this Houfe, or any Committee thereof, as well during the recefs, a the fitting of Parliament ; and that this Houfe will proceed with the utmoft fe " verity againft fuch offenders." Did the court of Inquifition even at Gca ever endeavour to throw a more Stygla* gloom over their horrid proceedings than the reprefentatives of a free people Aid by the foregoing refolution ? The glorious triumph of the friends of the peo- * This is happily accounted for in thofe incomparable lines of the " Epiftle to * Dr. Shebbearc" publimed the laft month, where the poet apoftrophizes th* prefent Houfe of Commons : Thrice has the fun commenced his annual ride, Since, full of years and praife, thy mother died. 'T\vas then J fa\v thee, with exulting eyes, A fecond phcenix, from her afhes rife j Mark'd all the graces of tr-y loyal creft, Sweet with the perfume of its parent neft. Hare chick ! how worthy of all court careffes> How foft, how echo-like, it chirp'd addrcflti. Proceed, I try'd, thy fnll-fledg'd plumes unfold, Each true-blue feather fhall be tipt with gold. Ordain'd thy race of future fame to run, To do, whate'er thy mother left undone. Jn all her fmooth, obfequious paths proceed, for, know, poor opfofu':o wants a head, Page 15* ( '57 ) reTpeft merited. If, however, they had been guilty ef no other outrage againft the freedom of the iub- pie over the left corrupt Houfe of Common? fhall ha given from their own Jour- nals. The chace of a brace of Printers, by the boundt of Lord North, and thf grty-btundi of the King, as his Majefty's meflengers are called, with all the dou- blings and turnings, will perhaps be amufmg. Lord North's fatk of boundi ar? acknowledged to be the moft {launch, and the bell-fed in Europe, as well at lo have the moft expert wUfpw^i** Journal of Feb. 8, 1771, vol. XXXIII. p. 139. Complaint being made to the Houfe, of the printed News-paper, intituled, *< The Gaxftteer and Ncio Daily AdvtJti[tr t Friday Febrvary 8, 1771, printed for " R. Tbompf'M ;" and alfo of the printed News-paper, intituled, " The M:ddlcftx < Journal, or Chronicle of Liberty, from Tutfday, Fekruiry c, to Tblirfday, Februarjf " i~7 l > printed for J. Wbtbl".\" as mifreprefenting . the fpeeches, and retieclinj on feveral of the members of this Houfe, in contempt of the order, and in breach of the privilege, of this Houfe ; Ordered, That the fold R. T/jomffon do attend this Houfe upon Monday morninj next. Ordered, That the faid J. Wbtblt do attend this Houfe upon Monday morning pext. Journals, Feb. n, 1771, vol. XXXIII. p. 154, Ordered, that the faid R, Tbomffon and J. Wbebls do attend this Houfe upon Monday morning next. Journals, Feb. 14, 1771, vol. XXXIII. p. 162. Ordered, That the faid R. Tborr.ffon and J. Wbzble do attend this Houfe upon Tuefday morning next. Journals, Feb. 19, 1771, vol. XXXIII. p. 183 and 184. The order of the day being read, for the attendance of R. Tb.tnpfM and J. IVbtlk ; and the faid R. TLwif.-a and J. WbMe not attending ; the meffenger to whom the erders of the 8th dny of this inilant February were delivered, being called upon to give an account of the fervice thereof, acquainted the House, That he had lerved Ihe orders of the faid 8th day of February, for the attendance of the faid R. Tbsmp- fon and J* Wbsbl;, upon Monday the nth day of tlu's iuftaut February; but that he has not ferved them wich any further order for their attendance, on this day, *CC. &C. Ordered, That R. Thomhfi* do attend this Houfe upon Thurfday morning next. Ordered, That jf. Wbtble do attend this Houfe upon Thurfday morning next. Journals, Feb. 21, 1771, vol. XXXIII. p. 194. The feveral orders of the day being read, for the attendance of R. Tbomffon and J. Wbtkle ; And the fold R. Tbompfon and J. V/btblt not attending, according to order; the meflenger, to whom the faid orders were delivered, being called upon $o give an account of the fervice thereof, acquainted the Houfe, That he wenf fe th hoKte of the kid R. Tbompfon on Tuefday Evening lail ; and being informed ( -58 ) ject, this alone refpe&ing the Middlefex Ele&ions, by which the conftitution is overturned, was fufficient for by his fervant, that he was not r.t home, he left a copy of the order for the at- tendance of the faid R. Tbomffon, with the faid fervant, and defired him to give the fame to his matter when he came home ; that he, the faid meffenger, went again on Wednefday morning to the houfe of the faid jR. Tbomffou, and was again informed, that he was not at home . The meffenger alfo acquainted the Houfe, That he went on Tuefday eveninj laft to the houfe of the faid J. WbMt ; that he was told he was not at home, but was expedted eveiy minute ; that he waited at the houfe of the faid J. Wbek!t fome time, bvit he not returning, he, the mefienger, left a copy of the order for the attendance of the faid J. Wheble at his Houfe, and defired it might be given him oh his return ; and that on calling again on Wednefday morning at the houit of the faid J. iVhtkle, he was again informed that he was not at home. Ordered, That R. Tbompfon do attend this Houfe upon Tuefday morning next. Ordered, That the fervice of the faid Order, by leaving a copy of the fame at the ufual place of abode of the faid R. Tbompjon, be deemed equal to perfonal fer- vice, and be good fervice. Ordered, That the fervice of the faid Order, by leaving a copy of the fame at the' ufual place of abode of the faid y. Wheble y be deemed equal to perfonal fervice, and be good fervice. Journals, Feb. 26, 1771, Tol. XXXIII. p. zoS. The feveral orders of the day, for the attendance of R> Tbompjen and J. Wbtllt^ being read ; And the faid R. Tbompfon and J. Wbeble not attending, according to order, the meffenger, to whom the faid orders were delivered, being called upon, to give an account of the fervice thereof, acquainted the Houfe, that he went to the houfe of the faid J. Whtble, in Pater-nofter Row, on Thurfday evening laft ; aod being informed by his fervant that he was not at home, he mewed the faid fervant th* original order for the attendance of the faid y. W~btblr t and left a copy thereof with the faid fervant, and defired him to give the fame to his mafter when he came home ; which the faid fervant promifed to do. The faid meffenger alfo acquainted the Houfe, that he went to the houfe of the faid R. Thomson in Newgate Street, on Thurfday evening laft ; that he was told he was not at home ; and that then he fhewed the original order for the attendancs of the faid JR. Thmpjon to, and left a copy thereof with, his fervant, and defired him to give the fame to his Mailer, which he likewife promifed to do. Ordered, That the faid John Wheble be, for his contempt, in not obeying th pnler of this Houfe, for his attendance on the Houfe this day, taken into cuftody of the Serjeant at Arms, or his Deputy, attending this Houfe. Ordered, That the faid R. 7b-mf>fon be, for his contempt, in not obeying the order of this Houfe, for his attendance on the Houfe this day, taken into the cuf- tody of the Serjeant at Arms, or his Deputy, attending this Houfe. Journals^. ( '59 ) for their full difgrace in the annals of our country. The prefent queflion has been fully debated twice in this Journals, March 4, 1771, vol. XXXIII, p. 224. The Deputy Serjeant at Arms attending this Houfe, being called upon to give an account of the fervice of the orders of the Houle of Tuel'day laft, for taking into cuf- tody y. Whtblt and R. Tbimt>t"n acquainted the Koufe, that, though he had been fe- veral times at the refpeclive houfes of the faid J. Wktblc and R. Tjomf-fon, and had made diligent fearch after them, in order to take them into cuftody, he had not yet been able to meet with either of them. Refolved, That an humble addrefs be prefented to His Majefty, That he will be jracioufly pleated to iffue His Royal P'-^tam-nivi, for apprehending the faid J. WLt- */ i n :ip a l Sicmranes ; ef State, to the end he or they may be forthcoming, to be dealt withal and proceeded againft according to law. And for the prevention of an efcafe of the faid Jobr. JVhehle and R. Tbomffon, or either of them, into parts beyond the feas, we do require and com- mand all our officers of the cuftoms, and other our officers and fuhjefts of and in our refpeflive ports and maritime towns and places within our kingdom of Great Britain, that they, and every of them, in their refpeclive places and ftations, be care- 1 fill and diligent in the examination of all perfr.ns that jhall pajs or endeav.ur to pafi behind the fens; and if they fhr.ll difcover the faid Job,: Inhibit and R. Ybtmpfon, or ekher ok' them, then to caufe him or them to be apprehended and fecured, and give notice thereof as aforefaid. And we do hereby ftriftly charge and command all our loving fubjeds, as they will anfwer the contrary at their perils, that they do not any ways conceal, but do difcover him or them, the faid John Wbible and R. Thompfon, to the nd he or they may be fecured. And for the encouragement of all perfonr. to be di- ligent and careful in endeavouring to difcover and apprehend the faid J-.hn Wlebh and R. Tbompfon, we do hereby further declare, that whofoever fhall difcover and apprehend the faid John Wbeble and R. Tbwpfon, or either of them, wichin three weeks from the date hereof, and fhall bring him or them, the faid John Wbcble and R. Tbompfon t before fome juftice of the peace or chief magiftrate as aforefaid, fhall have and receive, as a reward for tbt tyco-vsy, affrebauG^, and bringing the fcid ytt*m#Ut*aA R. ra 9 p/i, or either of them, ktfare fucb jujtice ef 'it, peace or chief magiftrate as aforefaid, the fum of Fifty P^.Jsfor < a .b : which our Commifuca^ers of our Treafury are hereby required and directed to pay accordingly. Given at our Court at St. James's, the eighth day of March, 1771, in the doventfc year of our reigtit GOD fave the KIN G. Jetn WleUe was apprehended, and difcharged by Mr. Wilkes, March n;, 1771. If adminiftration had wifhed to have tried th legality of the King's Proclamation, they had the fulleft evidence againft Mr. Wilkes under his hand, for he wrote the fame day an account of his conduct on that occafion to LV Halifax, one of His Ma- jefty's principal Secretaries of State. This was certainly the fpeeJy notice required t be given to a Secretary of State by the Preclammht, Mr. Wilkes took this oppor- tunity Of mtrwing bit arrfffoa^nfe. >v>h the Eari of Halifax. Cuildhall' could be produced, from times the moft favourable, as well as the moft hoftile, to liberty, from the re- markable Guildhall of London, March 15, 1771. My Lord, I had the honour of officiating this day as the Sitting Juftice at Guildhall. Join H'btble the Publifher of the Middlesex Journal, a freeman of London, was appre- hended and brought before me by Edward Txvine Carpenter, who appears to be neither a Conftable, nor Peace-Officer of this City. I demanded of what crime V.'heble was accufed, and if oath had been made of his having committed any felony or breach of the peace, or if he lay under a fufpicion ftrong enough to juftify his ap- prehenfion or detention. Carpenter anfwersd, that he 'did not accufe Wheble of any crime, but had apprehended him merely in confequsnce of L'is Ma'jtjly't ProcL* math*, for which he claimed the reward of 50!. As I found there was no legal caufe of complaint againfl Whtblt, I thought it clearly my duty to adjudge,- that he had been apprehended in ths City illegally, in direct violation of the rights of an Englishman, and of the chartered privileges of a citizen of this metropolis, and to.df- cbarge him. He then made a formal complaint of the affai.lt upon him by Carpen- ter. I therefore bound him over to proiecv.te in a recognizance of 40!. and Car- penter to appear and anfwer the complaint at the next Quarter Sellions of the Peace for th s City in a recognizance of 40!. himfelf, with two lureties in recognizance, of 20!. each. I am, My Lord, Your Lordfhip's moft obedient, Right H'r.vumbk the humble Servant, Sari cf Halifax;. JOHN WILK1A Extraa from the Guildhall P.ota Book. Guildhall, March 15, 1771. Jubn tf'bill'j the Publifher of the Middlefex Journal, xvas this day brought before. Mr. A luci :nan W-.lktt at Guildhall, by Edward Twine Carpenter, a Printer, being ap- prehended by him in confequence of a Proclamation in the London Gazette of Satur- day the 9th of March inftant ; but the faid Edward Twine Carpenter not having any other reafon for apprehending the faid Mr. Wbeblt than what appeared in tliat I'riciaixation, the faid Mr. Wbekls was difcharged; and then the faid Mr. Wheble eh.irged Carpenter for affaulting anil unlawfully imprifoning him, and on his making oath of the offence, and entering into a recognizance to profecute Carpenter at the tiext Seffion in Lonc'o i, Carpenter was ordered to find fureties to anfwer for this offence, which he did, himfelf being bound in 40!. and his two fureties in 20!. each, and was thereupon difcharged. Carpenter requefted.a Certificate of his having apprehended Wattle, which was given him. Guildhall, March 15, 1771. this is to certify, that Jabn Whcbldfos Publifher of the Middlefex Journal was this day apprehended and brought before me, one of His Majefty's Juftices of the Peace for the City of London, by Edward Twine Carpenter, of Hofier-Lane, Lon- 4o nj Printer. JOHN WILKES, Alderman. M On ( i6z ) markablc cafe of Wollafton in the reign of King WiK liam, to that no lefs celebrated of Walpole, in the lat- ter On the application of Carpenter to the Treafury for the reward of 50!. promifed in the King's Proclamation, and producing the above certificate, he was difmiifed with iniblence, and that, with many other royal debts, is ftill unpaid. A'. Tbtmpfon, the rtber perfon defcribed in His Majefty's Proclamation, was afterwards apprehended, iiml carried before Mr. Alderman Oliver, whodifcharged him. The circumftances of the whole bufinefs of Miller, and the tontmitment of Mr. Wil- liam Whitham, one of the meffengers attending the Houfe of Commons, are given in the " Report from the Committee appointed to examine into the feveral facts "' and circumftances relative to the Lite obftrudlions to the execution of the orders ' of this Houfe," publifhed by order of the Houfe of Commons. 1 mall however" add fome other particulars not given at large in the Journals. of>v of the Warrant for apprehending J. Miller, the Printer of the London F.veniirg Pojt. WHEREAS the Houfe of Commons did, on Thurfday the i4th of this inftant March, adjudge and order, that J. Miller (for whom the news-paper intituled Ths London Evening Poft, from Thurfday March 7, to Saturday March 9, 1771, pur- ports to" be printed, and of which paper a complaint was made in the Houfe of Commons on the faid fourteenth day of March) be, for his contempt in not obeying the order of the faid Houfe upon Thurfday the fourteenth day of this inftant March, taken into the cuftody of the Serjeant at Arms, or his Deputy, attending the fsid Houfe. Thefe are therefore to requite you forthwith to Jake into your cuftody the body o the faid J. Miller, anil him fafely keep during tbt pleafure of tie faid H-ntfe and all Mayors, Bailiffs, Sheriffs, Under Sheriffs, Coiiftables, and Headborowghs, and every other perfon are hereby required to be aiding and afiifting to you or your Deputy in the execution thereof. For which this fhall be your fufficient war- ran'. Given under my hand, the fifteenth day of March one thoufand feven hundred and feventy-oue. FLr. NORTON, Sp:aker. To Nicholas Bonfoy, Efq; Serjeant at Arms, attending the Houfe of Commons, or John Clementfon, Efq; his Deputy, or to William Whitham, ona of the meffengers attending the Houfe of Commons. To all and every the Conftables and other Officers of the Peace for the City of Lonr don, and the Libeitie? thereof, Whom thefe may concern, and to the Keeper J Wood-Street Compter. London to wit^ Thefe are in his Majefty's name, to command you, and every of you, forthwith Jafely to convey and deliver into the cuftody of the faid Keeper, the body of Wil- liaiji Whitham, being charged before w, three of his Majefty!s Juftices of the Peace in and for the faid City and Liberties, by the oath of John Miller, Henry Page, John Topping, VM! Robert Pag*, for aflauUiaj and unlawfully imprifoninj; liim the faud Joh? ( 1 63 ) ter end of Queen Anne. An Archangel defcending among us would fcarcely give a new, original idea on this John Miller, in breach of his faid Majefly's peace ; whom you, the faid Keeper, are hereby required to receive, and him in your cuftody fafely keep, for want of lureties, until he fhall be discharged by due courfe of law ; and for your fo doing this lhall be to you, and to each of you, a fufficient warrant. Given under our hands and fe*ls this J5th day of March, 1771. BRASS CROSBY, Mayor, L. S. JOHN WILKES, L. S. RICHARD OLIVER, L. S. Journals, March 20, 1771, vol. XXXIII. p. 275. The Order of the day being read, for the attendance of Morgan, Clerk to the Lord Mayor of the City of London, with the Minutes, taken before the Lord Mayor, relative to the meffenger of this Houfe giving fecurity for his appearance at the next General Quarter Selfions of the Peace for the City of London to anf\ver to futh indictments as may be preferred againft him, for the fuppofed afiault and falfe unprifonment of J. Miller. Apd Jr.mes Morgan, Clerk to the Lord Mayor, attending accordingly, hs was called in ; and the Book, containing the faid Minutes, being produced by the faid James Morgan, was brought up to the Table ; and the Eiitiy of the faid Minuses therein contained, was rend ; Ordered, That James Morgan, Clerk to the Lord Mayor, do at the Table txpungt the faid Entry. And the faid James Morgan expunged the faid Entry at the Table accordingly. Junius obferves, By mere violence, and without the jhadvw of right, they have EX- PUNGED tht record of a judicial preceding. Nit Ling remained but to attribute to tbiir vain l r fte a fewer tffcpfixg tie ivMe dijlrib-.ttion if criminal and civil jujlict. Lird. Cbatlat very properly called tbit the ACT OF A MOB, net of a Senate. Junius, vol II. p. i6c. Journals, March 20, 1771, vol. XXXIII, p. 276. Ordered, " That no other profecution, fuit, or proceeding, be commenced, or ,oarried on, for or on account of the faid pretended aflault, or falfe imprifon ment." Notwithftanding this Order, Mr. Wdkti on the 8th of April 17-1 delivered in at the Court of Qu-irter Seffions of the Peace at Gwildhall the two following R-corni' Kr:.-ts, together with thofe (jijobn Wbtblc 2nd E divard Tvi'au Carpenter, and another for a felony committed fay Sarah Ferrand. London to w't, Jikn Miller, of Pater-noiler Row, London, Printer, rcL I'pon condition, that if the above bounden Job n Miller fhall perfonally appear .Jt the next Seflions of the Peace to be'holdcn for the City of London, and then and there profecuto the law with effect, and give evidence on his Maiefty's b-.hatf, upon a bill Me C '.64 ) this fubjech I fhall therefore referve myfelf, Sir, for the reply, if I hear any material objections to the motion of incli<5lment to be exhibited to the Grand Jury againft. WiniamWbitbam, for af faulting and falfely imprifoning him the faid J-bn Militr, in breach of his fakl Majefty's peace: and in cafe the feme ftiall'be found and returned by the faid Jury to be a true Bill ; then if the faid Jtt Millo- fhall perfonally appear befoi* the Jurors that fhall pafs on the trial of the faid W.lixm WLiiba., to be holder for the faid city at the Guildhall- of the fame city, then and there to profecute and give evidence upon the faid indictment,, and not depart tke Court without leaver Then this Recognizance to be void, or elfc to remain in full force. Acknowledged at the Manfiou Honle, London, the 15:!! day of March 1771* before us BRASS CROSBY, Mayor, JOHN WILKES, RICHARD OLIVER. London to wit, WilRam irblthawfof College-Street in the siry of \Veftminfter, Gentleman, 40!. William Hurford, of the City of London, Coal Merchant, 20!. Robert Withy, of Ifling-ton- hi the County of Middlefex, Gentleman, 20 1. Upon condition, that if the above bounder* William Wb;tb\.m do personally appear at the next Seffions -of the Peace to be holden for the City of London, then ami there to anfwer fuch matters and things as fhall be objected againft him on his Ma- jefty's behalf, and in particular fen' aflaulting and falfely imprifoning Jobn Miller, ;md in the mean time to k.ef tbi feact of our Sovereign Lord the King, and to be cf good btba-viour. and not depart the Court without licence ; that then this Recog- nizance to be void and of none effect, or otherwifc to be and remain in full forc and virtue. Taken and acknowledged at the Manfion Houfe, Loilon, this i^th Day c? March, 1771, before us BRASS CROSBY, Mayor, JOHN WILKES; RICHARD OLIVER. the Grand Jsir/ at Guildhall found the Bills of Indictment' again ft MU'xm D'bttkam and hdvfeni Tl*?i*t Carpenter. All the proceeding?: were afterwards moved by Cotkrar', into the Kitig's Bencai. The fccae of tlic Houfe of Commons and the Printers was finally doled by the Attorney-General's, 'J/.cr for n coaten:pt of the Lid ( '65 ) motion which I fliall have the honour of fubmitting to the Houfe. I can forefee only one objection, which I fhall endeavour to obviate, and I hope the Houfe will think that delicacy ought to yield to juftice. Houfe, was carried by n conftahle upon a charge made againft the faid Meflenger by the faid J. Miller", for an alliuilt aiul fulfe imprisonment made upon the fr.id J. Miller in the laid arreft, before Brafs Crofby, Efq. Lord Mayor of the City of -London, where y a H^ik't, E;'q. Alderman, and Ricliard Oliver, Efq. were prefent ; when the Deputy Serjeant at Arms, attending this Houfe, acquainted the ud M&giftrates that the faid arreft of the faid J. Millar was made hy the faid Mef- .fenger under a warrant figned.by the Speaker of the Houfe of Commons; which . warrant was then produced aud fhewa to the (aid Magiftrates, and demanded of them that the faid Meffenger fhould be difcharged, and the fa : d J. Miller delivered up to the aiftody of the faid meifcnger ; and that the fttd Lord Mayor, Jtibn Wilkesj F.J, with warmth and energy, but he fpoke to an audience grown callous to all feelings for the public, to a fet of men dead to every fentiment of humanity and love of their country, alert only to feize its plunder. He convinced the judgement by the cleared proofs and ftrongeft arguments before he made an appeal to the paflions. Among the variety of fnfts, by which h fupported his motion, one only was futncient to unite all the hardened fharers of the national fpoil againft the humans Bill, wliVh hi- j-ropofed on principles ftriclly juft and conftitutional. The fingle article ot percjuifitcs, extorted from a deferring part of the public, to the Board if Admiralty, uid th;ir 4ijini:rtfi:d firft Lord, for fraufihr.t during an lvprcf<, us reform their errors. If they have eftablifhed a wicked precedent, we ought to reverfe it. If we have our- ielves committed injuftice, let us afford all the repara- was ftated to amount to above 14,000 1. a year. The intended Bill would have been highly beneficial to the failor, by augmenting bis wages, limiting bit time of fir-vice, and providing for him undtr the ittfirmitiet of age, and the fubjects of tho Hate would have enjoyed that fecurity, to which they are entitled under every go- vernment ; but the Board of Admiralty and Lord Sandwich would have loft an- nually 14,000!. Mr. Temple Luttrell was ably fnpported by Governor Johnftone, an officer of diftinguilhed merit in the Royal Navy, a wife and fpirited Senator, as weJT as a friend to the liberty of the fubject. Sir George Savile, Sir Edward Aftley, the right honourable Thomas Townfhend, Sir George Yonge, and feveral ether gentlemen fpoke in favour of the motion ; but the majority refufed even to receive 'the Bill, and to give it zfirjl reading. The generous hopes of Mr. Luttrell to ferve the caufe of this free conftitution and the Royal Navy were at that time blaftcd by the peftilential breath of corruption. The public, however, look up to his firm virtue, and the Englifh failor hopes merited rexvards and protection, from his future efforts at a favourable moment, when the people may have it in their power to vindicate all their rights. Votes of March n, 17.77. A motion was made^ and the queftion being put, " That leave be given to bring in a Bill, for the more eafy and effectual Manning of the Royal Navy, in " times of war* and for giving encouragement to feamen and fea-furing perfons t owev(r inconfiderable, which be acquirei from violence aud itfurfativn. The exeTcife of an illegal power is in the prtjjing of feamtn tacitly permitted in the crown ; and though k has frequently been under deliberation, how that power might be ren- dered icgal, and granted under proper restrictions to the fovereign, no fafe ex- pedient could ever be propofed for that purpofe, and the danger to liberty always appeared greater from law than from ufurpation. [Mr. Hume did not live to fee Mr. Luttrell't pla.i~\. A continued and open ufurpation of the crown is permitted, amid the greateft jealoufy and \vatcbfuloefs in the people ; nay proceeding from thofe Tery principles. Liberty, in a country of the higheft liberty, is left entirely to its own defence, without any countenance or protection. The wild ftate of nature is renewed in one of the rnoft civilized focieties of mankind ; and great violences and disorders among tbe peofle, the me/ft humane and tbe bejt natured, are committed with impunity ; while the one party pleads obedience to the fupreme magiftrate, he other the fanfiion of fundamental laws. Jiflay and Treatifes on feveral Subjects. By David Hwme, Efq. vol. I. p. 408. M 4 tion tion in our power. We have given the world a re- markable inftance of our repentance this very feffiori in the cafe of Mr. Rumbold and Mr. Sykes. "On the 22d of November laft the Order to the Attorney-Ge- neral to profecute Thomas Rumbold, Efq. and Francis Sykes, Efq. as principal promoters and foborners of cor- rupt and wilful perjury at the election for Shaftefbury, was difcharged, on the motion of as refpeclable a Gen- tleman * as ever fat in parliament. The Order, how- ever, was made by ourfelves in the very Jaft feffion, on the 1 4th of February preceding the reverfal. I have not yet, Sir, an inclination to quit the com- pany of Meffieurs Sykes and Rumbold. Their cafe will ferve me farther in my reafoninp-s. It is a ftronor J O t> argument againft Expulfion neceffarily including hca- facitation. I will fuppofe, Sir, that, inftead of the Houfe haying determined, in April 1775, in the firit feffion of the prefent parliament, that neither of thofe two gentlemen, on account of their notorious bribery and corruption at Shaftefbury, were duly elected, it had been voted that they were guilty of being the prin- cipal promoters and fuborners of wilful and corrupt Per- jury, a Refolution the Houfe did aftuajly come to in Feb. 1776, and in confequence of fo black a crime they had been expelled. Subornation of wiful and cor- rupt Perjury is furely a moft atrocious fin, and more , j i .. . merits expulfion, than the writing a Libel. After- wards let me likewife fuppofe the Houfe change their opinion, and find 'that they proceeded without fuffi- cient evidence, a Refolution the Houfe did actually cpme to in November 1776. By the courtly, but un- '* Sir George Savile, Baronet. parliamentary, parliamentary, doftrine now pretended to be eftab- lifhed, that Expulfion means Incapac'itation, you would not have it in your power to re (tore them to their feats, although you were perfectly convinced of their innocence. Juftice would call aloud upon you to do it, becaufe it appeared that no Itgal proof, no fufficient evidence, was given, en which, you had founded fb ralli, fo unjufbifiable a judgement. The cries of juf- tice, however, would little avail with a venal fenate againft minifterial defpotifm, or a royal edift in the form of a parliamentary refolution. My firft expulfion, Sir, in January 1764, was for being the A uthor of the North Briton, No. 45. Where is to this hour the legal proof, by the oaths of twelve of my countrymen, to be found of that charge ? I have never even been tried upon that accufation. A court of law determined on a dif- ferent charge, that of the republication, a charge, which might have been brought againft five hundred other perfons. As little delicacy, Sir, has been Ihewn by us to the flfls of former parliaments, as to our own rcfohttions. Have we manifefted any tendernefs to the memory of the firft parliament, which was called in his prefent Majefty's reign ? That parliament declared, and de- clared truly, in the Civil Lift Act, that 800,000 1. was " a competent revenue for defraying the expences of " his Majefty's Civil government, and fupporting the " dignity of the crown of Great-Britain.'* Within thefe few days we. declared that 800,000 1. was not a competent fum, and " that for the better fupport of (( his Majefty's houfehold, and of the honour and dig- (( nity of the crown, there ,be granted to his Majefty, * l during his life, out of the Aggregate Fund, the " clear ** clear yearly fum of 1 00,000 1. to commence frora " the 5th of January 1777, over and above the yearly " fum of 8oo,oool. granted by an act made in the * firft year of his Majefty's reign." If the fum of 00,000 1. was competent to thefe great purpofes, we had no right to vote more of the peopled money. We were improvident, and prodigal Truftees for the nation, not to ufc a more harm expreffion. Let us hear no more of the amazing depth in finance of any modern Sttlfy *, or of a pretended oeconony in the management of the public, or the royal, revenues. We likewife voted the laft week above 600,000 1. as the laft parlia- ment had above 500,000!., much above a million in all, on the fame pretext; of paying the debts of the King, when his Majefty had enjoyed a competent re- venue of 800,000 1. clear of all deductions and con- tingencies, and thofe debts were of the moft fufpicious nature, even as to the independency of this Houfe. Let us not, therefore, Sir, affect more tendernefs for the laft parliament info flagrant an inftance of injuftice, as the cafe of the Middlefex Elections, than we have fhewn to them, and to ourfelves too, in other refpects. We ought, if we are men of honour and principle, to do juftice to all the electors of this kingdom, and by a formal repeal, to make fat isf action to thofe zealous * Henry IV. and S,,I>j, his great Miniflcr of finance, were facrifked by all the mercenary writers of the court in 1763 to George III and the Enrl of Butt, bis ferit Lord of the Treafury, with his incomparable croupier, Sancb,, the Chancellor of the Exchequer, then Sir Francis Daft-wood, now Lord Lt Defrwer. The *roonfhine beams of the two laft falellites only foured our exdfed Cyder and Perry, and then they funk to all appearance beneath our horizon at the fame moment, n the lamented i6th of April 1763. But the glorious luminary round which tbey moved, con'iimes to warm us en this fide the Atlantic with his refulgent rays, perhaps, he fcorchcs our American brethren with his fierce beams. defenders C 171 ) defenders of liberty, the fpirited freeholders of this injured and infuked county. I defire, Sir, to recall to the memory of many gen- tlemen, what patted in this Houfe in the laft parlia- ment on one of the great debates refpecting the Mid- dlefex Elections. A noble Lord, the darling of his country, as well as the favourite of our army, whofe memory is dear to every Englimman, for he joined to the bravery of Casfar all the mild and gentle qualities of our Englifh hero, Edward the Black Prince, that no- ble Lord, Sir, Hood up in his place here, and folemnly alked pardon of his country for having, as he faid, wounded the conftitution, and violated the rights and privileges of thisr kingdom by voting as he had done in this Houfe in the bufinefs of the Middlefex Elections. He did not Hop there. He was anxious to make pub- lic * reparation for a mi (taken opinion but of fuch moment and he afterwards joined the Oppojition in an important queftion reflecting the difcontents of the people on this very fubject. We may all, Sir, imitate the love of juftice and candour, if we cannot reach the high courage of that illuftrious, immortal character, the late Marquis ofGranby. While the Refolution, which I have mentioned, is fufFered to continue on our Journals, I ihall believe. Sir, that the elective rights of the nation lie at the mercy of the Minifter, that is in fact of the Crown, and that the dignity and independency of parliament are in danger of being entirely deftroyed. It is evident, that * L^d Granby himfelf thought proper to condemn, retract, and difavow, by a rnofl folemn declaration in the Houfe of Commons, that very fyftem of political con- " His Majefty, that, in conlideration of the High " rank and dignity of their Royal Highneifes the " Dukes of Glouce/hr and Cumberland, He would be " graciouily pleafed to make fome addition to their " annual income, out of the revenues chearfully " granted His Majefty, for the expences of the Civil " Government, and better fupporting the Honour " and Dignity of the Crown ; and to allure His Ma- 6( jefty that this Houfe will enable His Majefty. ef- " fectually to perform the fame, as nothing will " more conduce to the ftrengthening of His Ma- " jefty's government, than honourably fupporting " the Dignity of the diiferent branches of the. Royal " Family." And the previous Queftion being put, " That that ff Queftion be now put ;" It pafled in the negative* Mr.Wilkes obferved, that the * tivo honoured gen-- tlemen with the blujhing Ribbands, who oppofed the Motion, declared that they did it chiefly from what they thought a want of delicacy to the Crown, but that in his opinion the real honour and delicacy of the Crown were effentially and deeply wounded by the prefent un- * Sir John Griffin Griffin, Member for Amlover, and Sir George Howard, Member for Stamford, have both regiments in his Majefty's fervke, batk of cavaky, Lieutenants-GenenJ, and bttb Knights of the Bath. Fortunati amio Ambo awimis, anbs infijnes praeftantibHS annis, happ/ < '74 ) happy fituation of our Sovereign's own brothers, which, was of the moft univerfal notoriety, and highly to be lamented ; that the elder had been driven into a kind of honourable exile at Rome, and the younger was not enabled to fupport the dignity of his high birth and rank among us ; that as to the cafe of the late Duke of Cumberland,, which had been mentioned, although he enjoyed an income of above 4o,ooo/. a year, he lived with his royal * Father, that great patron of liberty, by whom * So excellent a King, that waste this SHAKS p E ARE- Long his lofs fliall Englai$ weep, Ne'er again his likenefs f.e ; Long her ftrains in forrow fteep, Strains of immortality. GRAY. This humane Prince on many occauons ventured his life in the caufe of libtrt*. Hisdiftinguifhed braver)' at the battles of Oudenarde and Dettingen was the frequent fubjedl of the unfufpecled praife of our inveterate enemies, the French. He was always a fteady friend to the liberties of mankind, and like the farmer princes of bis fcoxvfe, and of the Noffau line, kept a watchful eye over the Houfe of Bourboa, well knowing their determined enmity to this free government, and their long meditated fthemes for grafping at univerfal monarchy. He often checked the reftlefs ambit-ioa of France in its mad career, by the moil firm, wife, and fuccefsful meafnres. At his death he left England in poffelfion of the capitals of the French in Afia and Anierich, and of many other important conquefts there, as well as in Europe and Africa. The moft valuable of thefe conquefts were loft foon after by a flroke of his grandftn't pen, uhich proved more fatal to England than all the fwords of all our eneraicsi It is jUttice to the memory of the late King to declare, that he no lefs endeavoured to nuke his people free and happy at home, than to carry the glory of the Britim arms to the higheft pitch every where abroad. During his reign the I, were re- q*cle4and obeyed. Li, erty and juJUtt fat with him on the throne. The execution cf Earl Ferrer, impielfed all-foreign nation? with the' greateft idea of the facrednefs of pur laws, and the protection they afford the meaneft fuhjedt, under a firm and juft fovcrcign. It was likewife believed, that if the Cwn Martial on Lord George Sackv illc hiid pronounced the fentence, which was expecled by all Europe, ?!.e /// of his late Majefty would have ordered it to have been' carried into ex- ecution. The penfind Doctors, Shebbeare and Johnfon, and all the other minifterial wri- e court, have beeu indefatigable for many yeare in vilifying the memory of PAwereign, and tearing the laurels from his tomb. The/fry? addrefs of the ZW, to the prefe.it King, on Nov. ,8, I7 6o, is the beft confutation of all t># voinwes oi u ItgUn of ri.ele hirelui^v. "The whom all the expences of his houfehold were defrayed, and that he died unmarried, whereas the prefent King's Brothers were both married, and had, with very incom- petent revenues, feparate, families and eftablifhments, which conftituted no part of his Majefty's houfehold arrangements or expences. He added, that we ought not to be prodigal to the Sovereign, and penurious to his Brothers ; that the whole illuftrious Houfe of Brunf- wick claimed our regard and gratitude; that the wif- dom of Parliament mould carry the Houfe into a view of futurity, and of poffible contingencies, to provide in all events for the public fafety, good order, and tran- quillity ; that what the honourable * gentleman, who made the motion, had mentioned with due horror, of .our being obliged to fetch from Rome a Sovereign bcrn and educated there, was not fo wild and abfurd an idea as it had been reprefented by other gentlemen ; that purple fevers, and various epidemical difeafes, had fometimes in a very Ihort period fwept away whole families ; that towards the beginning of this century fcveral Dauphins gf France had died within a few months of each other, and the Bourbon line was believed to be in fome dan- ger of being extinct; that the -\- numerous, immediate pofterity of George II. had been reduced to a very (mail The long experience which yve had of his royal virtues, the tetiigriy of hk " government, and his uniform care of our law and liberties, rot inteiruptrd in any or.', *' inf.er.ct, during the courfe of fo many years, demand from us the moft grateful ac- " knowledgements ; and will make his memory as dear to us as the height *nd " fplendor to which hi had raifed the rreatnefs of thei'e kingdoms will render it glo- " rious to ail pofterity." After the demife of the crown, will tlure he found any I.irA proftitrte eno'wjb, will Shere be a SanrfwV^ to move fuch a paragraph in they?-^ Addrefs of As Houft of Ltr " cere part in the confidence which his Majefty ex- " prefTeSy C '77 ) tc preffes, that the conduct and courage of his oflkers^ f< and the fpirit and intrepidity of his forces, both by " fea and land, will, under the divine providence, be " attended with important fuccefs That we learn " with much fatisfa&ion, that his majefty is for that " purpofe purfuing the proper meafures, for keeping " his land-forces complete to their prefent eftablifh- " ment; and that, whenever his Majefty {hall be pleafed " to communicate to this Houfe any new engagements, " which he may have entered into for increasing his. " military force, we will take the fame into our confi- " deration; and we truft his Majefty will not be dif- " pointed in the gracious fentiments which he enter- < tains of the zeal and public fpirit of his faithful " Commons," &c, &c. The following amendment was moved by Lord Granby, and feconded by Lord John Cavendifh, " That " this Houfe does moft humbly advife and fupplicate '* his Majefty to be pleafed to caufe the moft fpeedy " and effectual meafures to be taken, for reftoring " peace in America, and that no time may be loft in " propoiing an immediate ceffation of arms there; in or- " der to the opening of a treaty for the final fettlement '" of the tranquillity of thofe invaluable provinces, by " a removal of the unhappy caufes of this ruinous ci- " vil war, and by a juft and adequate fecurity againft " the return of the like calamities in times to come. *' And this Houfe defire to offer the moft dutiful affur- " ances to his Majefty, that they will, in due time, " chearf ally co-operate with the magnanimity and " tender goodnefs of his Majefty, for the preservation and every concomitant borr&r. Not -the fword of even- handed juftice, falling only on the guilty heads of the bold rebels, but the favage tortures of a tomahawk from the thoufands of Indians under his direction, on the innocent women and children. I remember, Sir, an honourable gentleman -f, whom I fee in his place, a gentleman very high in the law, not only humanely propoiing, according to the ideas, and in the language of bis country, but dwelling with rapture on what he clafiically called a jlarvation bill for the poor Ame- ricans. I rely, however, Sir, on the fpirit and prow- efs of the Americans., that they will neither fuffer the fate of the Amalakites, nor retaliate the attempt on the favages of Europe. * i Samuel, chap. xv. v&r. 3. f Henry Dundas, Efq. Lbrd Advocate for Scotland, member far Etfinburg- tnre. This This year, Sir, we have again in the fpeech rev peated affurances from foreign powers of their pacific difpofitions. The noble .Lord*, who moved the ad- drefs, thinks France will not change, and the honour- able gentleman -f*-, who feconded the motion, aflures the Houfe of the perfect amity of the neighbouring powers. Can any change, Sir, be equally advantageous to Frame as a perseverance in the prefent fyftem ? America now pours all her wealth into the lap of the Houle of Bourbon, which fees her ancient enemy daily perifhing by a fatal civil war. Even the Mi- nifter feems to awake from his long lethargy ; for the fpeech fays, " at this time, when the armaments in the " ports of France and Spain continue, it is thought * c advifeable to make a coniiderable augmentation to " our naval force." Parliament ought to have been informed of the whole truth with refpec~b to the trea- chery of France. 1 am fure, Sir, I mail not be con- tradicted, when I affirm, that France, the government of France, not covetly, nor underhand, not fecretly by merchants only, but directly and openly as a go- vernment, affift the Americans. The two Congrefs Ihips of war, which had the engagement with the' Druid, are now refitting at L'Orient, on the coaft o Britainy, and .furnimed with every neceffary from the French King's ftores at that place. The faft is well known to the Minifter, and tamely fubmitted to ; but this open inlult on the nation is endeavoured to be carefully concealed. The old ally of this nation, Portugal, is not ho- noured with the flighteft mention in the fpeech. I will * Lord Hyde, member for Chriflchurch. 4 \ S.T Gilbert Elliot, Baroaet, member for Roxburghshire. give C 19 ) give the Houfe the reafon. Portugal is not only loft t$ us, but is become an acquifition to the Houfe of Bour- bon, by acceding to the Family Compact *. By that treaty, Sir, the fubftance of which was published in the French Gazette, all the fubjedts of the Houfe of Bourbon were to be equally favoured with the natives of each refpe&ive ftate, as to every privilege of navigation and commerce. Such a treaty, Sir, directly militates againft many former treaties, of Utrecht, Aix-la- Chapdle, and others, particularly thofe with Spain rf% It will be a fatal blow to the commercial inierefts of * The Famt'y Comfafl is a Treaty of the mnft alarming nature to all Europe* An abftraft of it is given in the u Journal Hiftorique ou Faftes du Regne de Louis XV." printed at Paris in a vol. Svo. in 1776, with the French King's privilege. "15 Aout, 1761. R Le Roi et le roi d'Efpagne concluent un traite on fa^e Aefa;niiie, taut pour eu " quepour le roi des deux Sidles, et 1'infant Due de Parme, contenant z8 articles, " par lefqucls ils etablilfent entre eux une alliance perpetuelle, convenant tie re- ** garder a 1'avenir comme ennemie toute puifiance ennemie de Tun d'eux, et * fe gnrantiffant reciproquement leurs etats dans qnelques parties du monde qu'ikf " foient fitues, fuivant 1'etat ou ils fe trouveront en paix avec les autres-puillances ; " s'obligeantde fe fournir les fecours n^celTaires, de faire la guerre conjuintemont, " et de ne point faire de paix feparee l.nn de 1'autre. Ce traite poite encore fup- ' preflion du droit d'aubaine ea France, en favOijr des fujets des rois d'Efpagae er tl de Sicile; et convention expreffe queles fwjetsdes trois couronnes jor.iroat, dans " leurs etats reciproques, des meme droitb, privileges et exemptions cute les na- * tionaux par rapport a la navigation et au commerce, fans que les autres puill'aTnces 4< derEurope puiflent etre admifes a cette alliance de famille, r.i j>rg'tett4>-t, j,qur ** leitrs fujets, le tnemt tratement dans les etats des trois couronnes. ** Les ratifications de ce traite furent echangees le 8 Sepaembre." Vol. II. p. 700* f The 9th article of the treaty of peace between Great Britain and Spain, con- cluded at Utrecht the 1310 of July, 1713, is in thefe words. IX. It is further agreed and concluded, as a general rule, that all and fmgular the fubjedts of each kingdom lhall, in all countries and places, on both fides, have and enjoy the fame privileges, liberties, and immunities, as to all duties, hnpufi- tions, or cuftoms whatfoever, relating to perfons, goods, and merchandizes, fhips, freights, feamen, navigation, and commerce ; and (hall have the like favour in all things as the fubjefis cf Frame, or any other foreign nation, the moft favoured, $)4ye, jpoffefe, and enjoy, or at cvty time bsrcaf:er m-y have, fjfifsj cr tajy. 3 this thii kingdom, whenever it is carried into execution by the whole Houfe of Bourbon. An univerfal gloom, Sir, feems to be fpreading over our political hemifphere ; yet we are called upon by Minifters to addrefs the throne in fuch terms, as if we were only differing a flight and tranfient misfor- tune, not groaning under the load of exorbitant and enormous taxes, and on the brink of ruin. Since the late augmentation of the Civil Lift, we feem to bo wonderfully improved in chirping addreffes. This is not, however, a piping time cf peace. Compliments during the calamity of a wide extended civil war, brought on by minifterial oppreffion, are abfurd. The profped: from America is covered with clouds and dafknefs. A pleafmg ray of light feems at the prefent moment to beam upon us from the noble Lord's pro- pofition for an immediate ceffation of arms. If that is rejected, I fear the nation will fink in defpair. Teat proportion I confider as the firft, mod necefTary ftep to a reconciliation. After nceffation of arms, I hope our fleets and armies will be withdrawn, all the jate unjuft adts repealed, and the charters reftored. Let us treat with the liberal fpirit of freemen and Eng- lifhmen. Unconditional fubmijfion 9 is umonftilutional fub- tnijfion, and becomes only the flaves of an arbitrary monarch. Force againft the vafl American con- tinent, we have found, avails us nothing. All coer- tion appears to be irnpoffible. The attempts of vi- olence have been followed with deep diftrefs, difgracc, lhaine, and difappointment. Let us, therefore, at laft hear, and obey, the voice of reafon, which calls aloud upon us to fave ourfelves and our brethren. The times teem with events, which muft determine the fate C 19* ) fate of this once great and powerful empire." Let us be guided by the principles of lenity and juftice, that the bleffings of peace and union may be reftored, and permanently remain, to the whole empire* VOTES of Dec. 10, 1777- The Houfe was moved, That an Aft, made in th* 6th year of the reign of his prefent Majefty, intituled, " An Act for the better fecuring the dependency of " his Majefty's dominions in America, upon the'' " Crown and Parliament of Great Britain," might be* be read. And the fame being read accordingly ; A motion was made, and the queftion being pro- pofed, that leave be given to bring in a bill, to repeal the faid Aft. And the previous queftion being put, that that queftion being now put, It pafled in the negative; Mr. Wllkes faid, Mr. Speaker, I chofe, from motives of policy, to delay the mcx tion, which I mean now to fubmit to the Houfe, till the eftabliftiments both of the navy and army for the enfuing year were compleated. After fuch pro- digious preparations for war^ after every fmgle article which;, ( '93 ) which the Minifters have afked, has been granted, we are armed at every point for the vigorous profecu- tion of hofhilities, we may, with more appearance of dignity, hold out propositions for peace. This Houfe, Sir, has voted 60,000 feamen, including near 12, oo marines, above 20,000 effective landmen, commiffion and non-commiffion officers included, for guards, gar- rifons, and the forces to be kept up in Great Britain, Jerfey, and Guernfey. We have befides in our pay five battalions of Hanoverians, actually in garrifon, to the eternal reproach of England, at Gibraltar and Minorca ; the various troops of Hefle Caffel, Hanau, Waldeck, Brandebourg-Anfpach, and Anhalt-Zerbft, amounting to above 69,000 of thofe mercenaries ; in all, a land army of more than 89,000 men. This Houfe has not yet been affembled three weeks, and we have already voted away of the people's money no lefs a fum than 8,643,004!. I believe this is only the fixteenth day fince the opening of the Seffion. Every day of the prefent Seffion has therefore, on an average, coil the people above 500,000 1. What a relief to their fears, Sir, will be the adjournment, which Mi- nifters have juft mentioned, of near fix weeks ? How much it will augment the feftivity of the feafon ? Yet I fear, Sir, it will prove only a temporary relief; and that Minifters retreat for a ihort time, to return with redoubled force and fury, to lay frefli burdens and ad- ditional impofitions on this exhaufted nation. Amid ft all thefe amazing preparations for war, fcarcely a thought of, or a figh for, peace, feems to obtrude upon, or efcape, any one of our Minifters. What fingle ftep has been taken by adminiftration to put an end to this ruinous war, and to prevent the farther effufion of O human ( '94 ) human blood ? A noble Lord * on this fide the Houfe, who is the worthy heir of the patriotic virtues of an illuftrious father, propofed on the firft day of this Sef- fion an immediate ceffation of arms ; but the proposition ivas rejected by a great majority. Scarcely a hint of a wifh for peace has been made by any member of admini- ftration. I will not, however, Sir, be difpirited. Some late events, unknown to the Houfe at that time, may induce the molt violent to liften to thofe healing mea- fures, which, in the infolence of our imagined tri- umphs, we rejected with difclain. The preliminary of peace, which I mail take the liberty of fubmitting to the Houfe, ftrikes at the root of the evil, the con- fefled caufe and origin of the American war. I mean, Sir, the right of taxation, which is enacted in the Declaratory Aft, the repeal of which I, (hall prefently move. I believe, Sir, according to the forms of the Houfe, I muft firft defire the clerk to read that act. It is the fixth of the King, chapter the twelfth. [The Clerk reads]. To make laws to llnd the Colonies and people of America in all cafes ivhatfoever ! I believe, Sir, this is the ihorteft compendium of ilavery ever given. It is the broadeft bafis of tyranny. In all cafes wbatfoever / therefore in taxation. Three millions of freemen to be taxed at the arbitrary will and pleafure of this Houfe, without a fingle perfon to reprefent them, or to con- trol the expenditure of their money ! If the Ame- ricans could tamely fubmit to this, they would de- ferve to be flaves. They ought to be more contemned than the Cappadocians of infamous memory, who re- * The Marquis f Cranky, member for the University of Cambridge. fufed ( '95 ) fufed the liberty, which was offered them by the Ro- mans. If we can take a part of their property without their confent, we can take the whole. It is impoffible to draw the line. This Houfe might vote away the whole property of America without the confent of one man on that vafl continent. The very fuppofition is not only repugnant to every idea of the common rights of mankind, but /'/ is agnin/1 the franckifis of .the land for freemen to be taxed but by their confent in. par- liament, as Lord Coke declares. We know by the law of England, that the proteflant fubjedts of our Colonies in America are intitled to all the liberties, privileges, and immunities, of the natural-born fub- jefts of this kingdom. The next ftep to taxation na- turally follows. Minifters might apply an American revenue to the advancement of their own profligate plans, perhaps to the fame bafe purpofes as the taxes levied among us, to the augmentation of an enormous . civil lift, to increafe the overgrown influence of the Crown, and corrupt the reprefentatives of the people. Even without any taxation we have experienced that .the whole produce of American ind.uftry centered in . Great Britain. I do not intend, Sir, to go into a difquifition of the ftale queftion of taxation and reprc- fentation, nor the wretched nonfenfe of a 'virtual repre- fentation here of three millions of fubjedts on the other fide the Atlantic. I remember once before to have fully argued thofe queftions. I lhall now confine my- felf to the repeal of the Declaratory Att, and the other acts injurious to the freedom of America. Without this repeal we cannot, I am fatisfied, have peace, nor I believe would the Americans treat with you on any other terms. They proceeded^ at the beginning, with O 2 won- wonderful temper and coolnefs ; but at laft they fum- med up all their , injuries as comprifed in the Declara- iwy Act, which they reprobated with fpirit. While this act remains in the Statute Book, you never can think of any negociation with the Congrefs. The firft Congrefs, which met in 1774, acted with pru- dence and calm dignity, with moderation and magna- nimity. They did not directly attack the Declaratory Aft. They knew it had palled in an administration compofed of men who had declared themfelves friends to American freedom, and had actually repealed the " Stamp Act." They conlidered it as a brutum fulmcn on the part of this country. They, in dutiful terms, folicited the repeal of the " Bofton Port Bill," the *' Maffachufet's Charter Bill," and that monfter of clefpotifm and popery, the " Quebec Act ;" but they pailed over in filence the " Declaratory Act." Yet, Sir, although no exprefs mention was made of that Act, they put in the ftrongeft proteft againft the claim, or exercife, of any fuch powers in their very^fr/? re- folution. It is of Oct. 14, 1774. " The inhabitants of " the Englifh Colonies in North America, by the im- " mutable laws of nature, the principles of the Eng- " lifti conftitution, and the feveral charters or com- " pacts, have the following rights. Re/bived, ne- " mine contradicente, that they are intitled to life, li. " berty, and property, and they have never ceded to " any fovereign power whatever a right to difpofe of ** either without their confent." In the year following, the fecond Congrefs, finding all their endeavours here for a redrefs of their grievances in- effectual, thought it neceffary to hold out a kind of ulti- matum 1 ti. It ( '97 ) mattim to this country, and to fpeak the plain, full, manly language of injured freemen. In a " Declara- " tion by the reprefentatives of the United Colonies of North America, now met in Con*refs at Philadelphia, ferting fortrh the caufes and neceffity of their taking up arms," July 6, 1775, it is faid, " we for ten " years inceffantiy and ineffectually befieged the throne " as fupplicants; we reafoned, we remonftrated with " Parliament, in the moft mild and decent Iang;ua2;e. ' O O Parliament have undertaken to give and grant our t_J *j money ivithout our confent, though we have ever exercifed an exclukve right to difpofe of our own property, &c. &c. &c. But why fhould we enume- rate our injuries in detail ? By one Statute it is de- clared, that Parliament can of right make laws to bind us in all cafes wbatfoever. What is to defend us againft fo enormous, fo unlimited a power? Not a imgle man of thofe who aflume it, is chofen by us, or is fubjeft to qur control or influence; but on the contrary, they are all of them exempt from the ope- ration of fuch laws, and an American revenue, if not diverted from the oftenfible purpofes for which it is raifed, would actually lighten their own burdens in proportion as they increafe ours." This one Statute, the Declaratory /Iff, is the fountain, from which not only wafers of bitternefs, but rivers of blood, have flowed. I ought, Sir, in juftice to the Congrefs, to take no- tice, that even after this they prefented a moft humble and dutiful petition to the King. From the ill-judged reply of the American Secretary, that no anfwer would be given, I fuppofe every idea of obtaining a redrefs of their numerous grievances vaniihed. Yet in this very O 3 Decla- C 198 ) Declaration they fay, " we fhall lay down our arms, " when hofiilities fhall ceafe on the part of the aggref- " fors, and all danger of their being renewed Ihall be " removed, and not before." I will venture, Sir, to do this much injured body of men juflice on another fub- jeft againft the falfe and malevolent affertions of the noble * Lord at the head of the American department. His Lordfhip declared to us in the moft explicit terms, ft that the Congrefs had endeavoured to engage the In- " dian favages in their fervice, and would have em- " ployed them in the war." It is well known in what manner they mufl always be employed, not in the ufe of the fword and bayqnet, of which they are ignorant, but of the fcalping knife, and tomohawk, in which they are expert. The Cwigrsft, Sir, in the true heroic fpirit of bravery^ which mercy always accompanies, re- probated the idea of torture and cruelty. They deter- mined on fair, honourable war, unftained by murder or maffacre. I will convict his Lordfhip on the fulleft evidence of the groffeft impoiition on this Houfe, and of a violation of truth. The Journals of the Congrefs, Sir, both that of 1 774 and 1775, have been as regularly publifhed to the world, as the Votes of the Houfe of Com- mons are by you, Mr, Speaker. In the Journal of June 30, 17/5, I find the following words, " Refolved, that " the Committee for Indian affairs do prepare proper f< talks to the feveral tribes of Indians, for engaging " the continuance of their friendfhip to us, andneutra- (f lity in our prefent unhappy difpute with Great Bri- '* tain." This was, Sir, after the provocations of the repeated flaughter of their friends at Lexington, Con- cord 3 and Bunker's Hill. But, Sir, although the Con- * Loul George Germaine, Member for Eafl Grinfteai grtfy ( 199 ) grefs refufed to afk the barbarous aid of the favages, the King's general moft readily and with eagernefs em- ployed them. He boafts of it in his Proclamation of lafl June. No man, Sir, who has read that Proclama- tion, and Major General Gates's letter, will flied the tear of pity over the misfortunes of Mr. Burgoyne. Major General Gates fays in his letter of Aug. 28, to Mr. Prefident Hancock, " the horrid murders andfcalp- " ings pitid for and encouraged by Lieutenant General BUT- " goyne, previous to his defeat at Bennington, will for " ever flain the honour of the Britilh arms. In one t( houfe the parents with fix children were rw.ft cruelly " butchered" Is this, Sir, the mercy of the King, which General Burgoyne in his Proclamation fays, his Ma- jefty's numcrvUi -r mies and fleets in every quarter of Ame- rica were to diiplay as well as his power and jujiice?. He fucceeded to irritate, not to intimidate, his enemies. But, Sir, although I do not feel the lead fpark of com- paffion for the fate of Mr. Burgoyne, I truly commife- rate the fituation of the troops with him. I regret the lois of the brave foldiers who periflied in the action^ and I pity thole who lurvive. I am forry that 800 valiant Englilh and Germans were killed in a bad caufe, in fighting againft the bed constitution on earth. Sir, it was infcribed on the tombs of the 300 Spartans, who at TbermopyLs devoted themielves to a glorious death for the liberties of Greece, Pajfcnger, go tell at Sparta, that ive died for having obeyed her holy laws. It ought to be engraven on the tombs of the 800 who fell in the late action, Piffinger, oo tell in England, that we died for having violated bit bo/y con-Illation \ for fuch, in my opi- nion, is the cafe of every man, who has in this civil war drawn his fword againit our brethren in America, and O 4 perilhed ( 20O ) perifhed in the conflict. The fituation, Sir, of thofs who furvive, is to be commiferated, not fo much for the calamities which they have fuffered, calamities brought on by themfelves, as for the lofs of honour, which, if we are rightly informed, has accompanied the circumftances of their defeat and furrender. The terms of the Capitulation for General Bnrgoyne, and the vete- ran troops under his command, are ftated to be, deli- vering up their arms, being permitted without molef- tation to embark for Europe, and not ferving againft the Americans .during the war. They have then put themfelves hors de combat. They have agreed no more to face thefe cowardly Americans. They confent, not to meafure i words again with their conquerors during the war ; not to make a fmgle effort to recover their loft laurels. If they had furrendered prifoners of war, they might have been exchanged, and the fortune of war crowned them with future victories. That chance they have given up as well as their arms. We have now fcarcely a company of foot in arms in all the nor- thern Colonies, except Canada. The Englilh at the battles of Prefton-Pans and Falkirk fuffered two mod ignominious defeats. There was however no capitula- tion that the vanquifhed troops fhould not ferve ao-ainft the fame enemies during the remainder of the war. At Culloden they warned away the foul {lain of that nati- onal difgrace in the blood of thofe perjured Scots, re^ bels againft a mild prince, and an equal fyftem of laws, It is, Sir, very remarkable, that the fame men, who ftyled at that time the Scotilh rebels 'infurgents now call the American infurgents by the name of rebels, I will never, Sir, adopt the. appellation. I think the Ame- ricans are fighting in a good cay ft for the defence of their ju& privi/cges, and chartered, as well as innate, rights. I am fure the proudeil and moft defpotic court in Europe, that of Vienna, would not have treated their fubjects in the manner this court has treated the Ame- ricans, I mean as revels. When the prefent Emprefs Queen, then only Queen of Hungary, fucceeded her father, the Emperor Charles VI. in 1 740, Ihe iecured the affections of her Hungarian fubjecls by readily tak- ing the old oath of the Sovereign of that country, eftablilhed in 1222. The greateit * genius in Europe gives it us at full length. If I, or any of my fucceffbrs, at any time, /hould attempt to infringe your PRIVILEGES, you, and your polierity, are permitted, by virtue of this promife, to defend yourfehw, without being liable to be treated as REBELS. If the anceflors of the prefent Em- prefs Queen had been as wife, the Houie of Auftria would not have loft Switzerland, as they did by injuf- tice and oppreflion. The Americans, Sir, I think, are now defending the privileges of every fubject. of the Britim empire, as well as their own. If this country did juftice to the fame fpirit of freedom in them, which we applaud in our anceflors, we fliould admire their heroifm, and be eager to repeal all thofe ads which are undoubted badges of flavery, particularly the De- claratory Aft, which I fhall always conlider as an inva- lion of the people's rights. Till we do that, we can have no rational hope of any reconciliation. The def- * Voltaire fays, Marie-Th'refe, epoufe du Grand Due de Tofcane Franjols dt Lorraine, gagna furtout 1'efprit des Hongrois en fe foumettant a preter 1'ancien fer- ment du roi Andre II. fait i'an 1212. Si moi ou quelques tins de mes fucceifeurs, en quelque tems que ce foit, veut enfraindre vos privileges, qu'il vous foit permis ea vertu de cette promeffe, a vovis et a vos defcendans, de vous defendre, fans pouvair ptre traites de rebtlles. In the margin he adds thefe words, ferment [ingulitr et quint devait fai I'slre. Vol Si.cle de Louis XIV. Tom. iii. p. 419. ( 202 ) perate fituation of our affairs, from the variety of cir- cumflances which have been ftated, and the late capi- tulation of a whole army, prove this abfolute neceflity of terminating the bloody civil war, this general favage Indian maffacre. The Declaratory Aft, which we had no right to pafs, will never be fubmitted to by the freemen on the other fide the Atlantic. The fpirit of it is hoftile in the ex- treme to liberty. To hind the fubjeft in all cafes whatjb- ever / It is a charter of flavery. I deny the principle of this act as much at home as in America. We ridi- culouily of late bewilder ourfelves with frantic, high- ilown, fonorous expreflions of the omnipotence of Parlia- ment. The gentleft natures appear too fond of power, although they do not abufe it. There are many things, which Parliament cannot do ; many cafes, in which it has no power. We cannot vote ourfelves perpetual. We cannot fill up our vacancies, as the late Houfe of Commons indeed did in the cafe of the Middlefex elec- tion, but all good men abhorred the ufurpation, and the nation were almoft unanimous in their remonftran- ces againft it. We are merely a delegated power from the people, and in that capacity only a third part of the legislature. We cannot therefore furrender their ihare of power, by whofe favour alone we acquire the right of giving any vote in this Houfe. It would be treachery, and even rebellion, in the fervant againft the matter, Can we, Sir, repeal Magna Cbarta? Has rliis Houfe the power to eftablifh the Mahometan religion ? Government is only a truft from the people for tneir good, and in feveral inftances fo far from poffeffing .an abfolute power, we ought to acknowledge, that we have no power at all. I will never admit arbitrary power to be ( 2 3 ) be lodged in any man, or body of men. Many things are fo clofely woven in with the conftitution, like the trial by jury, that they cannot be feparated, unlefs the body of the people expreflly declare otherwife, after free and full coniideration. There are fundamental, inalienable rights, land-marks of the conftitution, which cannot be removed. The omnipotence of Parliament therefore, which is contended for, feems to me a falfe and dangerous dodtrine. I have great reverence, Sir, for the memory of that whig adminiftration, which paiTed the Declaratory AEt* I fpeak as a public man. I honour them for their fpi- rited refolutions againft general warrants, and ihefeizut'A of papers, by which the perfonal liberty of the fubjedT:, and the moft important fecrets of life, were rendered facred and inviolable. I highly applaud the turning the excifeman out of private houfes by the repeal of the Cyder-Tax. The negociation for the Manilla ran- fom, which fo deeply intereiled many of our braveft men in the navy and army, revived under their au- fpices ; but alas! after many faint and feeble efforts it languilhed and expired. Many excellent regulations of trade and commerce were made by them. But, Sir, I Ihould have thought all their glories fullied by the paffing of this Declaratory Aft, which pretends to efta- blifli a claim of unlimited authority over the Colonies, if I did not believe it was a kind of force on that ad- miniftration, a fort of compromife with the traitors at home for the repeal of the Stamp- Att, which had thrown the whole empire into convulfions. The Stamp-Aft ought, in my idea, to have been re- pealed on the firft great principles of juftice, not on the ( 204 ) the narrow ground of political expediency, or from any commercial motives. I was abroad at the time, and may have 1 been mifmformed ; but if I am not, the re- peal was abfolutely neceflary to lay the florm, which raged with the greateft fury, both here among the mer- chants, and in North America, after the paffing of the Stamp Aft. The repeal was warmly oppofed by * fome of the royal family, and the favourite in the Houfe of Lords, by his family and friends in both Houfes, by the whole cabinet, the Lords of the Bed-chamber, and almoft all the King's and Queen's houfeholds. Per- haps the repeal had not been carried, but by the com- promife of this Declaratory Act. I am Satisfied, that the adminiftration, which patted that Aft, never in- tended to inforce it, at leait by taxation. The new miniflry however in the fucceeding year built on this folid foundation of a right to taxation, which they faw was eftablifhed for them. They laid duties on tea glafs, red and white lead, painter's colours, and other things. The right had. been afcertained by their pre- deceifors. The only objedions, which could now be made, were the inexpediency and impolicy of the ex- * The Duke of York, the Had of Bute, Lord Mount Stuart, Right Hon. James Stuat Mackenzie, EarlTalbot, Lord Steward of his Majefty's Houfehold, Duke of Ancafter, Mailer of the Horfe to the Queen, Earls of Oxford, Denbigh, Buckin-. hamfhire, Orford, Coventry, Eglingtown, and Lord Robert Bertie, Lords of the Bedchamber to the King, Earl Harcourt, Lord Chamberlain to the Queen, William Blackftone, Efq; Solicitor General to the Queen, Right Honourable Gilbert Elliot, Treasurer of the King's Chamber, Thomas Gilbert, Efq; Comptroller of the King's Wardrobe, David Gr^me, Efq; Secretary to the Queen, Charles Jenkinfon, Efo- Auditor of Accon, r ts to the Princefs Dowager of Wales, John Manners, Efq; Houfe- keeper at Whitehall, Samuel Martin, Efq; Treafurer to the Princefs Dowager of Wales, Honourable Archibald Montgomery, Efq; Equerry to the Queen, R to his Majeflv, General Bamngton, & c . , &, voted againft the Repeal of the Stamp Act. ercife ercife in thofe inftance*, and at that period. If I had been in England, Sir, at that time, and in parliament, I fhould ilrenuoufly have oppofed the principle of the Declaratory AR ; but I was forced into a cruel exile and outlawry by the wickednefs and injuftice of one admi- niftration, and kept abroad by the tamenefs and timi- dity of another. I was perfecuted with extreme rage and violence by a fet of men who thought themfelves injured, and abandoned by thofe I had effen- tially ferved, who before eucouraged me, and ap- proved my conduit. I was made their fcape-goaf, doomed to bear into the wildernefs the fins and iniqui- ties of a great political party, when in oppofition. Surely, Sir; their iins and iniquities muft have been of a deep dye, and remain ft ill unexpiated, for ipfe aries etiam mine vellerajiccat. I would, Sir, in this impor- tant bufinefs of the repeal of the Declaratory Aft, per fuade myfelf that there is not an obftinacy of opinion, a tenacioufnefs of adhering to what we have once done, merely becaufe we have done it. It feems very clear, that we can have no peace, till the accurfed tbing is re- moved fr^m our camp. From that happy moment I Ihould hope the rude clamours of war would ceafe, and the gentle voice of peace be heard. I truft therefore in this time of general conjlernation, in this day of diftrefs and difgrace to our country, that there will be a per- fed union of fentiment among us, an univerfal concur- rence in this firft preliminary of peace. I have only mentioned, Sir, the repeal of the Declara- tory Act, but I mean afterwards to fubmit to the Houfe ano- ther motion for the repeal of the whole fyftem of new fta- tutes and regulations refpe&ing America fince the year 1 763. I fix on that period, becaufe the Congrefs complain of (f (.i ( 206 ) of nothing prior to that sera. They have never hinted at the repeal of the Navigation Aff, nor any otuer acts be- fore that year. In the petition of the Congrefs to the King, in October 1774, they fay, " from this deftruc- " tive fyftem of colony adminiftration, adopted Jlnce ff the conclufion of the loft war, have flowed thofe clif- " which trade and intercourfs brought into Great Britain, cov.mimih'us anriis, near two millions annually. The laft adt I ihall mention i3 worthy of completing the black' catalogue. It is the Adt of the laft feffion, " to impower his Majefly to fe- 4f cure and detain perfons charged with, or fufpedted " of, the crime of High Treafon, committed in any of " his Majefty's Colonies or Plantations in America, " or on rhe high feas, or the crime of piracy/' which is now continued another year. It is fufficient to fay of this Adr., that it fufpends the Habeas Corpus Adt, which Judge Blackitone declares to be a fccond Magna Cbarta , end Jtable bulwark of our liberties ; not very jlable how- P ever, Sir, in this reign, no more than our liberties. There arc, befides thofe which I have mentioned, three other Ads complained of by our brethren in America. The firft is the Bofton Port Adt, which palled in 1774. It was repealed in 1776 ; but the fubftance of it was re- enadted in the fame general Adt, the fifteenth of the King, ch. 5. The Adt likewife " to reftrain the " trade and commerce of the Provinces of MalFachufet's " Bay and New Hampfhire, &c. &c." is exactly in the fame predicament. It was repealed and re-enacted in the fame moment. The third Adt alluded to is " for " providing fuitable quarters for officers and foldiera " in his Majefty's fervice in North America." Ic palTed in 1774, and expired at Lady-day, 1776. Thefc three Adts 1 therefore omit. Perhaps I may have pafled over fome other obnoxious ftatutes fmce 1763; but 1 mean v Sir, to propofe the repeal of the whole fyfteni of the late American ttatutes and regulations, without which it is my fixed opinion you can have no perma- nent tranquillity, nor lhall we fee the dawn of peace in our time. I believe the repeal of the Declaratory Aft, and the other ftatutes, to be the necefiary foundation for ?. negociation, if we are really in earneft to fave a finking ; ftate, if we hope to regain our Colonies, not to ruin or abandon them, nor to extirminate their inhabitants. I would treat America as the fitter, not the fubjeft, of .Eng- land. Bologna in Italy is ttyled the fitter, not the fub- jcdt, of Rome. I remember the city of Bologna has the* word Libertiis in the firft quarter of her arms, I wiih that qoddefs all-powerful in every quarter of Italy, of America, of the world. I was not prefent, Sir, in the 'Houfe laft Friday evening, but I have heard of the curious political race here at that time between two diftinguijhed parties in the ( 2" ) oppofition, as if the minifters were now fairly run down, and all that remained was to divide the fpoil. I was told of very dextrous management, of much cutting and fhuffling, of a variety of propolitions hinted at, on one fide of abandoning the Colonies on certain terms of advantage, on the other of giving up fome rights, and enforcing others with vigour. I have no connection with either party, nor with any party of the (late. Pravoco ad pcpulum will ever continue my motto. But may I venture, Sir, to give both thefe parties a hint or two ? I think that they need not quar- rel yet, for hitherto I obierve no vacancy on the trea- fury bench. Another thing I would juft mention. Perhaps it might be prudent for both the parties to at- tend a little to the opinion of our common mailer. Lord Hilllborongh's circular \eiter to all our gover- nors on the continent and inlands has been brought into this Houfe for various purpofes. I fhall now make ufe of it to convince both parties, all parties, every gentleman, of the necetfity of a fpeedy recon- ciliation with the Colonies, from the declared,,fenti- ments of our Sovereign. The conclufion of that fa- mous letter. is in the following words; " His Majefty " relies upon your prudence and fidelity for fuch an " explanation of his meafures, as may tend to remove u the prejudices which have been excited by the mif- " reprefentations of thofe who are enemies to the " peace and profperity of Great Britain and her Co- " lonies, and to re-eftablifh that mutual confidence and " affeftion, upon which the glory and fafety of the Britijh tf empire depend." I believe, Sir, that I have demonstrated to the Houfe, how abfolutely impoffihle it is that mutual con* P 2 fdcnce fidence and affeftion can return between Great Britain and her Colonies, till this Declaratory Aft, the foun- dation of the conteft, the root of the evil, is done away. We are evidently in a declining, and lhall foon be in a defperate, ftate, if this remedy is not immedi- ately applied. I therefore think it my clear duty, not only for the glory, but the very fafety of the Britiih empire, to move, " That leave be given to bring in " a bill to repeal an Act, parTed in the fixth year of " his prefent Majefly, intituled, An Act for the better Sf fecuripg the dependency of his Majefty's dominions " in America upon the Crown and Parliament of " Great Britain." VOTES of March 2, 1778. Ordered, That the order of the day, for the third reading of the bill (now ingrofled) to enable his Majefly to ap- point Commiffioners, with fufficient powers, to treat, confult, and agree, upon the means of quieting the dif- orders now fublifting in certain of the Colonies, Plan- tations, and Provinces of North America be now read, &c. &c. Ordered, That the order of the day for the third reading of the bill (now ingrofled) for declaring the intentions of ' the Parliament of Great Britain, concerning the exer- cife C 213 ) cife of the right of impofing taxes within his Majefly'4 Colonies, Provinces and Plantations, in North America, be now read. And the faid order being read accordingly; The faid bill was read the third time. Refolved, That the bill do pafs, and that the title be; An Aft for removing all doubts and apprehenfions concerning taxa- tion by the parliament of Great Britain, in any of the Colo- nies, Provinces, and Plantations in North America and the Weft Indies, and for repealing fo much of an Aft made in tbefeventh year of the reign of his prefent Majefty, as im- pofes a duty on Tea imported from Great Britain into any Colony or Plantation in America^ or relates thereto. Mr. Wilkes faid, Mr. Speaker, I have not given the leaft oppofition to the progrefs of any one of the conciliatory bills, which have been brought into this Houfe by adminiftration. I thought it the part of candour to acquiefce, to fuffer the bills to go through the committee without interruption, and to receive every improvement, which the noble * Lord with the blue ribband, who firft introduced them among us, or any of his friends on the other fide of the Houfe, chofe to fuggeft or adopt. We are now, Sir, in poffeffion of a plan, with much care revifed and cor- rected by the ojlenfible Minifter here, in the full expec- tation of its being equally pleafing and palatable on * Lord North, Chancellor of the Exchequer, Member for Banbuiy. P 3 both ( 214 ) both fides the Atlantic as well as this Houfe. The great outlines indeed, Sir, opposition mufl approve, for they are undoubtedly their own. They were long ago traced out by themfelves, although the fpirit of them is now gone. Other means than thofe of coercion have been long fleadily urged. The noble Lord with the blue ribband has as liberally borrowed their ideas as the Chancellor of the Exchequer means to borrow their money on Friday, when he opens the budget. The gentlemen on this fide the Houfe have frequently pro- pofed a revifion of all the acts complained of by our American brethren. Above three years ago a parlia- mentary revifion of thofe ftatutes was warmly preffed on the Minifter ; and it is not three months fmce I had the honour of fubmitting to the Houfe a motion for the repsal of thofe very Ads, which, in a lefs conftitiK tional mode, Commffioners are now authorized toy?//- fend, 1 made that motion, Sir, while America was ftiil free to negotiate, ftill free from all foreign treaties, or folemn engagements as independent ftates, with any of the great powers of Europe. There is fcarcely an idea in the as, for gentlemen feem to agree to confider them together, which has not been fuggefted by oppo* fition. the ' CeiTation of hoftilities on the part of (f his Majefty's forces by fea and land/' the grant- ' ing a pardon or pardons to any number or defcrip- :( tion of perfons within the faid Colonies, Provinces ; < or Plantations," the treating, confulting, and '' agreeing with any body or bodies politic and corpp- < rate, or with any affembly or aflemblies of men, or ' with any perfon or perfons whatfoever, of or con- ' cerning any grievances or complaints of grievances, < exifting or fuppofed to exift, in the government of :< any of the fajd Colonies, Provinces, or Plantations w, offer and promife, his moft ** gracious pardon to all perfons who fh.ill forthwith lay down their arms and return " to the duties of peaceable fubjeds, excepting only from the benefit of fuch pardon, *' Sim-Jtl Adams and Jcbn Hancock, ivbnje offences are of toojiagitious a nature to admit *( of any ctbtr ccujidcration than that of condign pLiniJhmtnt,'' In this manner have two of the moft deierving friends of the Britifh conftitution been treated on account of their fteady opposition to every attack of defpotifm. The real fentiments of Mr. Adams, and his affectionate regard for the parent ftate, are happily expreifed in a letter to Mr. Wilkes of the year 1770, the original of which h.as been feen by the editor. When Mr. Wilkes was Lord Mayor, he read to the Livery of London from the huftings on Michaelmas-day a letter from Mr. Hancock^ as Prefident of the Congrefs, although he had been proclaimed a rebel and tmitur in the name of his mifguid^d Sovereign. The two letters are here exadliy copied. "SIR, Bofton, Dec. 28, 1770. Having been repeatedly foli cited by my friend, Mr. William Palfrey, 1 embrace this opportunity of making my particular compliments to you, in a letter -which he will deliver. My own inclination has coincided with his requeit ; for I fhould pride niyfelf much in a corrrel'pondence with a gentleman, of whom I have long enter- tained fo great an opinion. No character appears with a ftronger luftre in my mind, than that of a man, who nobly perfeveres in the caufe of public liberty, and virtue, through the rage of perfecution. Of this you have had a large portion ; but 1 dare fay, you are made the better by it. At Icafl I will venture to fay, that the fharpeft perfeqution for the fake of one's country can never prove a r,al irjurylo an honed man. In this little part of the world, a land, till of late happy in its obfcurity, the afy- hipn to which patriots were formerly wont to make their peaceful retreat ; even here the flern tyrant has lifted up his iron rod, and makes his inceflant claim as Lord cfiL:ja>l: but I huv'e a firm perluaiiua in my mind, that in every itruggle, thi country will approve herfelf, as glorious in defending and maintaining her freedom, as fhe has hitherto been happy in enjoying it. Were I a native and an inhabitant of Britain, and capable of affording the leaft ao- v'icc, it Ihould conftuatly be ; to confirm the Colonies in :he fulicft exercife of their rights, longer grates on our ears. Peace, harmony, reconcili- ation with our brethren, are the enchanting founds, with which we are now raviflied. The terrible, exter- minating minifter of wrath no longer alarms the re- volted Colonifts with Quos ego The noble Lord, with no lefs policy than pity, fooths them, and in mild ac- cents fays, motos pr&ftat componere fluftus. I much fear however, Sir, the Colonies will never be gathered to- gether again under his minifterial wing. rights, and even to explore for them every pofiible avenue of trade, which Ihoulii not interfere with her own manufa&uru. From the Colonies, when (he is wora with age, fhe is to expect renewed ftrength. But the field I am entering is tot* large for the prefent : may heaven forbid, that it Ihould yet be truly faid of Great Britain, %uam Deui vult perderc- ! I am with ftricl truth, S I R, Your mofl humble fervant, John Wilkes, Efq;" SAMUEL ADAMS, " My Lord, Philadelphia, Ju'y 8, 1775. Permit the Delegates of the people of twelve ancient Colonies to pay your Lord- fliip, and the very refpectable body of which you are head, the juft tribute of grat> liule and thanks fqc the virtuous and unfolicited reientmeut you have Ihewn to the violated rights of a free people. The City of London, my Lord, having in all age^ approved itfelf the patron of liberty, and the fupport of juft government, againft kwlefs tyranny and opprefiion, cannot fail to make us deeply fenfible of the power- ful aid our caufe muft receive frona fuch advocates ; a caufe, my Lord, worthy the fupport of the firft city in the world, as it involves the fate of a great continent, and jns to flir.ke the foundations of a flourilhing, and, until lately, a happy empire. North si:crica, my Lord, ivijhcs twjt ardently for a hfling citiaifiion ivith Great Kri- tet:>:, on term of jufl and ejual liberty ; lefs than which generous minds will not ofter, nor brave and free ones be willing' to receive. A cruel war has, at length, been opened again/I us, and, whilft we prepare to de- fend ourfelves, like the defendants of Britons, we flill hope that the mediation of .-, ife and good citizens will at length prevail over defpotifm, and reilore harmony -uid jx;ace, on permanent principles, to 'an opprel&d and divided empire, \Ve have the honour to be, MY LORD, To the Ri-ht Ho- With great efteem, nourabie the Lord Your Lordfhip's Mayor and Livery Faithful friends and Fellvto-fuljtfli. of t he City of L* n^ . By Order of the Congrefs. *>"" JOHN HANCOCK, Prefident. The ( 218 ) The conciliatory bills are in my opinion more calcu- lated for this country than America. They appear only meant to keep the minds of the people quiet here, and to amufe this kingdom, not to regain the Colo- nies ; but I trufl the day of reckoning and exemplary punilhment approaches. The prefent dead calm fore- bodes a furious tempeft. The bills hold out what mi- nifters know to be a fallacious hope, a reconciliation with the Colonies on terms fhort of independence. The object is merely to fcreen miniftry from the indigna- tion of the public, and the vengeance of the people. There can be little doubt of this, when the very words of the acts, in the ftate they firft appeared here, are confidered. The premable of one of the acts was, f< Whereas the exercife of the right of taxation by the tf parliament of Great Britain for the purpofe of railing " a revenue in his Majefty's Colonies, Provinces, and t( Plantations in North America, has been found by " experience to occafion great uneaiinefles and diibr- " ders, and has by fundry mifreprefentatlons been " made the means of miileading many of his Ma- "jefty's faithful fubjects." Thefe words are a kind of fecond Declaratory Aft, in which the right of tax- ation is aflerted at the inftant you give Cotnmfffonert power to fufpend it. Was this meant as a healing meafure? Could Minifters really intend to confer a fa- vour, as they affected to think, and yet chufe the moft offenfive, the moft obnoxious, the moft galling expref- fions ? The preamble to one of the other Conciliatory Bills is liable to the fame ftrong objection. It is, " for the quieting and extinguishing of divers jealou- " fies and mifreprefentations of danger to their liberties " and legal rights, which have milled many of his " Majefty's " Majefty's fubjects in the Colonies, Provinces, &c." Muft not fuch exprefiions be neceffarily confidered by the Congrrfs as the laguage of high and direct infult ? The Cojiwiifancrs mult derive all their powers from chefe acts of the legiflature, in which the Americans were accufed and upbraided. Are thefe the winning, per- fuafive arts of peace and reconciliation? Was a recon- ciliation really intended, or have Miniiters only in view to delude the nation, and to incenfe them againft the Americans, with the abfurd hope of at laft compelling them to an unconditional fubmiffion ? Adminiftration, Sir, thought the game defperate, and had only in view their own fafety, the prefervation of their power, and perhaps a facility in the enfuing loan. They knew the folemn declarations of the Con- grefs to fo.iie of the greateft powers of Europe fb early as December 17/6, and confirmed laft November, the baiis/of which relied folely on their independence. They poflefs it de fatto. I fear we ihall be obliged to give it them de jure. If the prefent proportions are rejected, we cannot hefitate in preferring the acknow- ledgment of their independence to an expenfive and bloody war, in which at laft conqiiejl is admitted to be an impoffible and frantic attempt. We ought to enter into a federal union with them, and endeavour to fe- cure the advantages of the moft important trade with America by a commercial treaty, which would be re- ciprocally advantageous to both countries unlefs, iiv deed ? the eloquence of our CommifftQntrs can effedt what {he force of our arms has in vain attempted, their re- linquiftung the claim of independence. The adminiftra- tion are perfectly acquainted with the various commer- cial engagements of tli^ Colonifts, frpm "which they cannot ( 220 ) cannot recede. It appeared likewife that the military - as well as the civil have concurred in reprobating every idea of a dependance on this country. The fceptre of America is departed from Britain. Three months after the Britilh army had taken their capital, the feat of the Congrefs, Philadelphia, Wafhington gave it out ia general orders from head quarters, December 17, 1777. " We may on the bed grounds conclude, that " by a fpirited continuance in the meafures neceflary " for our defence, we lhall finally obtain the end of our " warfare, independence , liberty, and peace." In Oc- - tober 1 7 74, the Congrefs humbly fupplicated his Ma- jefly for peace, liberty^ and fafety. S}nce that period, fafety had been fecured to them by their own prowefs, except indeed on fome parts of their very extenlive icoaft. They had fince been driven into independence ', and began to tafle its fweets. We had cancelled all the ties by which the two countries were long held to- gether ; and fince we had forced them into a very re- lu&ant warfare, they held to the people and the army, as its great end, the manly language of independence, liberty, and peace. America was driven to defperation. It is now, as to us, a bofom friendfhip foured "to an implacable hatred. We have wantonly burnt her towns, butchered her men, women, children, evert infants at the breaft, maffacred the captives in cold blood, fcalped the dying and wounded, and carried lire and fvvord through her moft fertile provinces. What a contrail has her conduct been to a whole Bri- tiih army, and general, who capitulated ! What a no- blenefs in turning away from the humiliating fpedtacle of Englijh foldicrs piling their arms by word of command from their own officers ! Are our Minifters weak- enough to , ( 221 ), to expeft to cajole America with a parchment 3t the moment they ;declare that they defpair of con- queft by the fword ? The idea imtft to them be per- fectly ridiculous, when the Americans recollect that the noble Lord with the blue ribband, at the beginning of the war, had prophefied that they would be fooq at our feet, and the noble Lord at the head of the, American department had infilled on unconditional fub- ntiffion. The Americans had now tried their ftrength, and found their refources, both on their own con- tinent and in Europe, adequate to all their views.. They faw the world in admiration of their lirmnefs and fortitude, in the warmeft applaufe even of their mili- tary achievements. The zeal of the French nation in their caufe rofe to the higheft pitch of enthufiafm ; and even this ifland might fay to America, in the words of Horace, " te c&de gaudentes Entanni compojiti$ vene-, and that no tie, even of our own intereft, could bind us to any terms of future fecurity for. them. It is im- pofiible, without the higheft indignation, to reflecl: from what a height of profperity we are now in con- fequence fallen into an abyfs of mifery and ruin. The difpofitions of America in 1766 were moft friendly and affectionate. The wife meafure of the repeal of the Stamp Act diffufed univerfal joy through the thirteen, now revolted, Colonies. At Philadelphia in May 1766, they unanimoufiy came to the following refo* hit ions : " That to demonftrate our zeal to Great Bri- *' tain, and our gratitude for the repeal of the Stamp " Ad, each of us will, en the fourth of June next, " being the birth-day of our moft gracious fovereign " George the Third, drefs ourfelves in a new fuit of " the manufactures of England, and give what home- " fpun we have to the poor.'* What were the una- nimous refolutions of the Congrefs not ten years after, in the very fame town ? Our enemies have published them to the world with mockery and triumph. With what perfidy has the province of the Jerfeys been treated ! When that province returned to its allegi- ance, was it reftored to the free exercife cf its trade and commerce, and to the fame protection and fecu- tjty as if it had never revolted ? Or did that province continue under the ban of the empire, as a lucrative job to the friends of the Minifter \ Yet the Minifler, in the King's name, at the opening of the feflion of parlia- ment in October 1775, folemnly held out fuch promifes to the Americans. It is impoffible that the Colonies can ( 223 ) can have any confidence in fuch Minifters, or their agents, or CommiJ/iomrs ; and uniefs men, as well as meafures, are changed, no permanent reconciliation can be effected. Our perfidy may, indeed, poflibly be retaliated upon us in a mock treaty and a deluiive ne- gotiation ; but no {table, folid peace can be obtained with the Americans by the authors of their grievances. The ear of England, Sir, is rankly abufed by Mi- nifters who pretend to affure us of pacific difpofitions in the Colonies, and a defire to return to their de- pendence on the parent ftate, when not the leafl fymptom of fuch a nature has appeared. Has the Congrefs, or . any one colony, made the leaft overture to a reconciliation, iince their declaration of indepen- dence ? Have not the Americans exp relied the utmoft abhorrence of the Ministers, who are to nominate the CommiJ/ionerSj inftead of a difpofition to treat with them ? and will they entertain a more favourable idea of their creatures ? I muft declare that I fee nothing in the intended negotiation, but difgrace and humili- ation on our part, after our repeated injuries, except indeed a lucrativejob for five bold, hungry dependents of the minifter. Would to God, Sir, I may be mif- taken, and that the Commiffioners may return to Eu- rope with unenvied wealth and bloodlefs laurels ! Their grateful country will honour them to its lateft pof- terity, and their fame will be immortal. An honourable gentleman *, one of the greateft or- naments of this Houfe, fays, that he cbferves great be- nevolence among us towards the Americans. I heartily wifh that I could difcover it. Among three fets of gentlemen, mentioned by him, I fear the Americans * Sdmsmd Burke, Eftj. member for BrlftoL have C 224 ) liave very few friends* All the dependents of admi- niftration, the large majority in this Hou(e, who have voted all the cruel and opprefiive a&s now to be fuf- pended, have certainly no great benevolence towards the .Americans. Thofe, who are accuftomed to pace in the trammels of a defpotic Minifter, and to be obedient to his fovereign nod, naturally abhor the enthuiiaflic Jove of liberty, the uncontrouled fpirit of the fons of freedom in America. I fufpe&likewife that there is not much good-will toward our fellow-fubjects in the Colo- nies, among the inhabitants in the northern parts of our own iiland. It would be a curious fpeculation to in- veftigate the caufes of the marked hatred of the Scots in general to the Americans. Is it, Sir, that although fome fmall parts of America are almoft over-run with lories, as others are with different deftrudtive animals, yet there fcarcely ever was found a iingle Jacobite in all our Colonies? Are the Scots in defpair, becauie they have not been able to find any thing in North America congenial with them ? They cannot there mingle treafon with treafon. Is it that, believing the prefent reiiftance in the Colonies to partake of the nature of a true rebellion, they are jealous of fuch an ulurpation of the Americans on their peculiar preroga- tive ? Scotland feems, indeed, the natural foyer of rebellion, as Egypt is of the plague; but, Sir, no monopolies in this commercial country are permitted. Manchefter and Liverpool would oppofe fuch a mo- nopoly, and juftly claim no fmall lhare in it, from their vigorous efforts in favour of the Pretender in 1745. It will, Sir, be a new and curious fpedtacle in 1-778, to mark the North pouring forth her hardy fons to quell an American,: not to aid a native, rebel- z lion, lion, carefully nurfed in our frozen bofom, and after- wards in a tainted part of England kindly tendered and follered in its progrefs to the South. The third let df perfons, lately mentioned, are the country gentle- men. I refpedr, the character, but I fear many of them, are hoitile to America and American rights. They are for the moft part iteady, not burthened or per- plexed with many ideas, and perhaps with few of a very liberal nature. A fingle principle appears of late to have governed them. They hoped to throw off from their fhoulders on the poor Americans a confider- able part of the enormous burdens, under which they groan, of the debts of their late adopted German, and the prefent American, war. The noble Lord with the blue ribband had allured them of a folid and fubjian- ttal revenue from America. On this plan of private ceconomy to them the Minifter bargained for their fupport. Their difappointment, and the fenfe of his jockeyfliip, has undoubtedly much chagrined them but I will not dwell on this fubjecl:. Their eyes feem to be opening, juft as they are drowning. Another honourable gentleman * complains, tf that " every thing refpeting the public is in a great de- Ry [the fiejent King] ftrongly recommends it to your care, to fnrnim both " expeditions with good and fufficient bodies of thofe men [Canadians and Inu'iam."'] Boileau obferves very truly : (i Un fot trouve toujours un plus fot, qui 1'admire." Thus the dull Suffolk becomes an object of admiration to the duller Bute. That grave Scottish peer condemns in the lump the whole Englifh miniftry. He has no relifh for the wit of Lord North, but he tells Sir James Wright that he finds Lord Suffolk ftffitienttyjerwu. The epithet of learned given in the fpeech to Lord Suffolk can hardly be read ferioufly, when it is recollected that his Lordfhip began to learn French after he became fecretary of Hate. Our fathers were taught by Swift to fay, / know no mere than my Lord Mayir, This reproach on the city is now done away, for the common expreiljou isj, / knew no more than my Ltrd i'l^/.c. ef you lc you, that his Majefly is fully fenjilk of the conftitu- " tional zeal and loyalty which dictated thefe refolu- S( tions" The moft important of thefe refclutions, which were agreed to at Norwich, is the raifing mo- ney by a private fubjcription for feveral avowed public purpofes reflecting the army. The fubfcribers not only gave liberally from their own purfes, but pro- mifed to ufe their bejl endeavours, and to exert their ut- jjwft influence in that county and city towards carrying thofs refolutions into execution, contrary to what has been de- monftrated to be the eftabliihed doctrine of the confti- tution, that the crown cannot receive the money of the fubject, for public purpofes, but through the me- dium of Parliament. It otrgfet-fer'ely. Sir, to be the confent of the whole people by their reprefentatives, not the partial benevolence of a few interefted indi- viduals. A few private dilmterefted men may imagine a favourite meafure of their own to be a common con- cern of the ftste, while others make it a lucrative jobb for themfelves and their dependants, by the gift or traffick of commimons, with the reverlion of half-pay for life entailed on the nation. I confefs, Sir, that there is one circumftance with refpect to the Manchefter, Liverpool and fome Scottiih regiments, which gives me pleafure. I rejoice that they are to be fent to Gibraltar and Port Mahon, to replace the Hanoverians; for I think not only the fpirit of the conftitution groflly violated, while the (electoral troops of Hanover remain in pofleffion of thofe fortreifes, but the ftatute law of the realm may be evaded. In the " Act for the further limitation of " the crown, and better fecuring the rights and privi- " leges of the iubject," it is declared, " that all and R " every cc every pcrfon and perfons, who iliall or may take and ** -inherit the faid crown, by virtue of the limitation of " this prefent aft, and is, are, or fhall be, reconciled " to, or fhall hold communion with, the fee or church " of Rome, or fliall profefs the Romifh religion, or '* fliall marry a Papift, ihall be fubject to fuch incapa- " cities, as in fuch cafe or cafes are by the faid recited " Ac! provided, enacted, and eftablifhed." We all re- member, Sir, a very near relation of the crown, the Hereditary Prince of Heffe, married to a daughter of England, openly embracing the Romiih religion. If a mifguided prince could ever be fo far perverted as to follow the religion, as well as the maxims, of the laft Stuart king, and the Hanoverian troops fhould then be in poffeffion of Gibraltar and Port Mahon, although the Crown of England would be forfeited, the Elector of Hanover might ftill fecure the poflemon of thofe important fortrelFes, which belong only to the Imperial Crown of this realm. I approve likewife the departure of thofe regiments on another account. I recollect what pafled in the march of the Scottiih rebel army fouthward in 1746. I fhall be glad to hear of their abfence, becaufe I do not think an invafion of this country, at the prefent crifis, quite fo chimerical a project as the conqueft of America. I have read in the London Gazette, where truth was found in the laft reign, a " Lift of rebel of- " fleers, in the Manchefter regiment, taken at Carlifle/ by the hero of Culloden. I am aware, Sir, that at the period, to which I hav( alluded, many fubfci iptions were carried on, and regi- ments raifed, without a previous application to Parlia- ment. At the breaking out of that rebellion the legif- lative body was not fitting. A long prorogation in the Autumn ( 2 43 ) Autumn had taken place, as ufual. The capital of Scotland had furrendered to the rebels even before the Parliament could be aflembled, and never was a more eafy, or perhaps willing, conqueft. The rebels were in full march into the heart of the kingdom. Every thing dear and valuable to Englilhmen was at ftake. Without the moft vigorous exertions, the caufe of pub- He liberty muft have funk for ever. The greatnefs of the crifis called for thofe fpirited meafures, meafures which could not be warranted in times of profound peace and public tranquillity* In this fenfe only ought the famous paffage in Lord Hardwicke's celebrated fpeech to be understood. The firft law of every Hate is the falus populi. When he as Lord High Steward pafled fentence of death on the Scottim peers in 1 746, he obferved, " men of property, of all ranks and or- " ders, crouded in with liberal fubfcriptiom, of their <{ own motion, beyond the examples of former times, " and uncompelled by any law ; and yet in the moft " legal and warrantable manner, notwithstanding what " has been ignorahtly andprefumptuoitfly fuggefted to the " contrary." He delivers the diftum with unufual and indecent warmth, with the furious zeal of a convert ; for of this ignorance and prefumption his Lordfhip had unluckily been himfelf guilty. A well-known letter, \vhich is {till extant, from him to a gentleman in Sur- rey, a near relation of a * worthy member, whom I fee in his place, in the moft exprefs terms condemns all pn- \ttsfubfcriptions to the Crown for public purpofes, as abfoltftely illegal. But, Sir, I confefs that I very little value the fentiments of lawyers in general on the great topics of government. We have indeed in this Houfe * James Scawen, Efq ; Member for Surrey. R 2. three three or four gentlemen of the law, of the mod en- larged understanding, and extenlive genius ; but the common obfervation dill holds good, that lawyers, of all profeffions, feem lead to underftand the nature of government in general. They are like under- work- men, who are expert enough at making a fingle wheel in a clock, but are totally ignorant how to adjuft the various parts, or regulate the movement. A truly wile- and deeply learned whig, Lord Hardwicke's profeiled model, the great Chancellor Sommers, would not, I believe, have delivered fuch a doftrine as law. Yet, Sir, in my humble idea, tbofe fubfcriptions were not only justifiable, but meritorious, I will venture to fay pa- triotic, for they tended to the falvation of the country. Perhaps, Sir, after the extinction of that wicked, un- provoked, rebellion, we ought to have adted as we did in the cafe of the embargo on all mips laden with wheat or wheat flour in September 1766. The order of the King and council was certainly irregular, illegal', but it faved the people from famine, and therefore was fanctified by an Aft of the whole legiilature. The preamble of that indemnity bill fays, " which order " could not be juftilied by law, but was fo much for " the fervice of the public, and fo neceiEiry for the " fafety and prefervation of his Maje&y*s fubje&s, that " it ought to be juftified by Aft cf Parliament " I expe&, Sir, to hear it objected, that the prefen-: time is by no means a proper feafon for fuch a motion, as we are probably on the eve of a war with France, and the whole houfe of Bourbon. This objection will have no weight with me; for no man can be more zea- lous to ftrengthea the hands of government, even to {train every nerve of the ftate, in a juit war againft 4 France, France, our ancient enemy, the common enemy of the liberties of Europe. I would however do it in a par- liamentary way. I wifh this Koufe, in a good caufe, to grant the ampieft fupplies agamft that ambitious, formidable, and encroaching power, although I think the prefent Miniflers wholly inexcufable in being thus long duped by her flimCy pretexts, and unmeaning verbal aifurances. The meflage to this Houfe, of March 1 7, tells us, that the conduct of France is " con- *' trary to the moft folemn affurances, and fubverfive of " the laiv of nations" Thofe ir.oft fokmn affurances de- ceived none at the time but the credulous court of England, and the Miniflers on the other fide of the Houfe, who wiihed to be deceived. As to the law of nations, in my opinion it clearly juftified the late con- duct of France. I call on any gentleman, the deepeft read in Grotius, Puffendorf, and the other writers on the rights of war and peace, and the law of nations, to prove from a fingle paffage, that the French ambafla- dor's late declaration \s fubvcrjive cf the law of nations. The United Slates of America were, at the conclufion of the late treaty, on a footing with all other ilates. They had by the moft public acts, with a full chorus of ap- plaufe from almoft the whole northern hemifphere, af- ferted their Independency, of which they had at that time near two years full poffcffion* The prefent conduct of France to America likewife receives the fulleft jufti- ficanon from the former conduct both of England and France to Holland and Portugal, when they feparated from the Sprmifh monarchy, and became independent frates. We both went further than France has done in this inftance. France and England at that time fur- o nilhed entire regiments, ihipsofwar, ammunition, and R 3 U all warlike ftores, to the revolted fubjeds of the Spanilh monarch. The immediate caufe of complaint at the prefent period is only that France has concluded a treaty of a?nity and commerce with America. Is this an unjujl aggrejfion on England ? Is this a juft caufe of hoflilities on our fide, and will it warrant the involving this country as well as France in all the horrors and calamities of war ? France feems indeed to be taking a dreadful revenge on us, by fecuring to herfelf the com- merce of America, as an indemnity for all ftie fuffered during the laft war; but in the treaty fhe has acted ac- cording to the law of nations.. Yet, Sir, if we muft be forced into a war, I do not defpond. With the fame * great Minilter, who fo glorioufly conducted that war, and * This great Minifter paid the debt to nature on the i ith of May 1 778. On the fame day we find by the fotcs of the Houfe of Commons, " The Houfe being in-r *' formed by a member in his place, that the Earl of Chatham died this morning ; Refolded, neiniat cintradicer.ee, 11 That an humble addrefs be prefented to hisMaiefty, that his Majefty will be gra- (" cioufly pleafed to give directions, that the remains of lYlllla. Pitt Earlaf Cbjtbam, " be interred at the public charge ; and that a monument be eredled, in the Colle- ' giate Church of Saint Peter's, Weftminfter, to the memory of that excellent " ftatefman, with an infcription expreffive of the public (tje of fo gnat and iirep*-, f< ruble a lofi 5 and to affure his Majefty, that this Houfe will make good the expen- " ces attending the fame." His Majefty 's anfwer was on the 1 3th by Lord North. It did not exprefs the royal fenft of, or the leaft concern for, fo gnat and rreftarav/e a lafi to the nation ; but coldly ftated, " that his Majefty had commanded him to acquaint this Houfe, that he f will give directions as defired by the faid addrefs." The funeral was indeed public, but conducted with fo difgraceful parfimony and meannefs, that the enemies of Lord Chatham's fame confidered it as an infult from the Coxnt on his afhes, after the unanlmom refolution of the Commons of Great Brir tain, and the known fenfe of the nation. The language of the Sheens H-,i,je at th time was, that a man would make bu covt very ill by atttnding L.'ird Cba'.boui'i f nrr&i. This hint fent half the courtiers into the country, and confined the other half at home by \uddtn ilinejs. The laie Earl was employed very little, and never trufted, by the prefent King. JL*>rd Bute's forbearance in the beginning of this reign was indeed wonderful, for af- t^r lit ,icceffion he fuffered Mr- Pitt for feveral months fp continue at the head of ( 47 ) and the fame noble efforts in the people, I fhould not doubt of equally brilliant fuccefs, provided we had peace with America, to whom in no fmall degree we owe what fhare of confederation we have among the powers of Europe. The navy of this country, which is its fureft bulwark, owes its greatnefs to our colonies, has grown with their growth, and ftrengthened with ibeir itrength ; a navy which has ungratefully and bar- baroufly laid their towns in afhes. Trade and com- merce, the fupport of moft nations, the chief care of affairs. I fufpect it proceeded from political timidity, and perhaps other arrange- ments not being fully fettled. His removal was determined from the evening of the demife of the good old King, but the artful Scot employed all the low cunning of his character to bring it about as the fpontaneous act of Mr. Pitt himlelf. in this he fucceeded. The great Minifter was over-ruled loltb regard to tuafsret to It taka again/I Spain, and refigned O<5t 9, 1761. His meafures \vere however adopted inyt fhort time, and war was at laft reluctantly declared againft Spais the fecorid of Ja- nuary following : but a glorious opportunity of making prize of the Galleonihadbeea loft. In the Houfe of Lords, Lord Chatham declared, that tobev be va: employ :d, kit royal mailer appeared all grace, goodn-j', and cendefcoi/io* to Lim at fae>y uf!ifnce t and gave the iuarme/1 affuranccs cf hit fvwerfvl fufp art a>:d cowitmance to a/I bh rmafurei ; yet every thing feemed hollow, and toot made uneafy to him. fit al<-juvyi found liafiif tiuelly deceived, tften betrayed, anil declared that be bad no jcrnple to aiffitt t that tbtst-uiat fame one about the court greater than the King blmfelf. In the Houfe of Commons he had formerly defcribed Lord Bute as wanting ivijdnm, and holding principle! in.tir.pati- ble with freedom. In the February preceding his death he gave it under his hand, in the correfpondence with Dr. Addington, that Lord But: bad brought the King and kingdom to ruin. The late teftimony of Lord Bute in the fame publication is very expre^ in favour of Lord Chatham. He told Sir James Wright, " Lord Chatham was one of the very " few he had ever acted with in adminiftration, who had (hewn great honefty and. " generofity of fentiment, with a fincere coudnct, and intention for the King's and " the public welfare." This evidence, given by his moft intldious and concealed enemy, is remarkable ; but the declaration at Madrid of a fair and open foe, of the Spanim Minifter to the Englifh ambafiador in Auguft 1761, not two- months before Mr. Pitt's refignation, is his nobleft panegyrick. General Wall obferved, that at that time the Court of London ivai in the mc.fl JLcurijhiti* and txtft exalted jilxai tin it tad ever knvwti, octaf.ontd ty the great f ft feries of profferititi that cviy fitgh aatn* bad n>er met -with. Lord Chatham lived to fee all our glories pafs away, England covered with fhame and ridicule in the eyes of all Europe and America, above half her em- pire loftj the proud Gaul triumphing, and the King and kiigfaK bnuvbt fa ra, R 4 the the wifeft, have derived their late vigour and fpirit from America. What dreadful commercial calamities have we fuffered fince the unhappy conteft with her ? If Ihe joins the whole houfe of Bourbon againft us, I fhall begin to be alarmed for our own- independence. At leaft the power and glory of England, which have not, till this fatal period, withered like a fair flower, nor. been mowed by the fey the of all-devouring time, that flrikes empires from their root, will be in danger of being cut off by the fword of her juftly incenfed ofF- fpring. We have been found unequal to the conteft with America alone. A Congrefs worthy of Rome, while Rome was free, luvridas contudit minas of an info- lent Minifter, and the venal majority of a Britifh parlia- ment. All our Minifters, Sir, have been groflly ig- norant as to the real ftrength of that vaft Northern Continent. Even the great man, who is now removed into the other Houfe, delivered a very weak and ill- founded opinion here in the debate on the repeal of the accurfed ftamp aft, that tbe force of this country could crujh America to atoms. The force of this country, aided by Heflians,. Hanoverians, and all the other German mercenaries, has effected nothing, but unfoldier-like retreats, in three years. The united force of Europe, Sir, cannot crufh America to atoms, if we coniider the natural ftrengtli of the various component parts of that immenfe continent. Peace, Peace > therefore with Ame- rica ought to be our object. Force has been found as pnavailing, as ill directed, I fear our conduct has cemented the union between America and France. Since the affair of General Bur- goyne, and the French acknowledgement of their Inde- pendence^ it cannot be fuppofed that the Americans will ever ( 2 49 ) ever think of returning to a Dependence on this coun- try. The experiment, however, Sir, might be made, of endeavouring to detach the United States from France, by an acknowledgment of their Independence, and a league of more than amity and commerce, a treaty offenji-ve and defenfive with the mother country. The fame religion, language, laws, love of liberty, the fame common (lock and progenitors, the genus Latinum, Al- banique paires, a reciprocity of the important interefts of commerce, all thefe might confolidate the bafe of a firmer, more compact alliance than ever yet was form- ed between two Empires. But alas ! perhaps thefe are only pleafing vi lions, mere phantoms of the imagina- tion, unfubftantial mockeries ; and the reality will be an obflinate and bloody war, to be concluded poflibly, even in this reign, in a farther difmemberment of the Britifh monarchy. I heartily wifh, Sir, a war with France could be avoided. I know we are unprepared, and that the people have no confidence in government. They have even a horror of Minifters,who have loft more than half our empire. The provocation of the day cannot juf- tify a war. The treaty is only of amity and commerce with America, not of hoftility againft Great Britain, or any power. England, in my opinion, ought to have done what France has done. But has me, Sir, afted again/I us in a manner to juftify hoiblities on our part ? Is the principle, or the policy, of our conduct quite afcer- tained to be juft wife, or expedient? An ignorant and incapable fet of Minifters, have brought us into fo dif- graceful a fhuation, that we can neither proceed with fafety, nor rtcreat with honour. In fuch contempt is this nation now held, that even Portugal, which was lately almoft a province of this kingdom, looks down upon us with infolence. Sir, C 25 ) Sir, the fpirit of liberty is a fpirit of jealoufy. It ought to be more fo than ever at the prefent sera, which feems peculiarly fatal to the caufe of public free- dom in Europe, while it is victorious in the Weftero world. Every man, who wimes well to the free Enolifli government, muft be alarmed for its fafety, when he reflects on the fate of the neighbouring nations, of the inoft conliderable ftates. A late event ought always to be in the perfpective of the true lovers of public liberty. The kingdom of Sweden, by its conftitution one of the freeft monarchies in the world, has recently fallen under the galling yol^e of defpotifm by the treachery and per- jury of its King, The moft folemn legal obligations, and explicit compacts, enforced, as it was fuppofed, by the moft facred fandtion of oaths, were found in- fufficient to fecure the liberties of that brave people from the invafion of the military, at the inftigation, and by the command of a monarch, to whcm every fpecies of fraud and deceit feems familiar. No fove- reign, in any age or country, ever made Wronger and Jefs equivocal promifes to his people, cemented by all the holy ties of religion. The fycecbes from the tbron& always held out a profound veneration for the laws, an inviolable attachment to the eftablifhed conftitution. The pious hypocrite not only exprefled his own abhor-, rence of arbitrary power, but declared that he would confider thofe as the worft enemies of his perfon and government, as the vileft traitors to their country, who ihould in any way, and under any pretence, feek to add to his power, or to introduce an unlimited autho- rity in his perfon. He even pretended to think it his greateft glory to be the firft citizen of a free country ; and he afierted a that to govern it free and independent was was his higheft ambition. He repeatedly, with great parade, reminded the Swedifh nation- of the oaths he had taken to them, and the excellence of the conftitu- tion, to which he was fo religwujly attached, while at the fame time he was meditating the means of enflav- ing his people. Bv the afliftance of the army he has ac' quired the moft abfolute aud defpotic power. Ac- cording to the new * form of government the States of * From the LVDN GAZETTE of Sept. 5, 1772. S'tflbotm, A->g. 21. Yefterday being the day when the form of government, fwarn to by tb- Kif.v, of the 2gth of May, and by the ftates the ift of June, isocit to be aMiflied) and a new one to be produced in a plenum plenorum of all the orders, a large detachment of guards tuai ordered to take fojlejjion of the fyuare cohere the btuft of Ncb/es ftar.ds ; and the palace iujs invtfted on all fdei iuitb troops, and cannon were f laced in the ccur- near the ball where the flates vitre afflmklej. The fcene was opened by a fpeech from the throne : his Majefty had in his band the filver hammer of Guftavus Adolphus, with which he made a fignal for filence, an office ufually performed by a i-natv, but none "were prcfent. His Ma- jefty concluded his fpeech by alluring the plenum, that he did not defire the fo- rereignty, and would take a folemn oath to renounce it, which he immediately did, His Majefty then ordered the new form of government to be read by a Secretary of revifion. This piece confifts of above forty articles ; the effential ones are ; i ft. The- King is to cbu/e tbt fen-.itt himfelf. zdly. His Majefty is to call the ftates together whenever he pleafes, and to fe- jiarate them alfo when he pleafes, after three months. 3dly. The contributions are to be given by the ftates, but, if not granted within three months, the old ones are to remain ; in cafe ofinvafion, or pr effing necejfitj, its Majffty may impcjefome faxes for raifmv money till the Jieses can be nffembltd. 4thly. iVbtn the flat et are ajjtmblcd, they an ft deliberate upon nothing but what lit Miyejly pleajet to lay before them. 5thly. His Majgfty has the fole difpofitiou of the army, navy, and finances, and of all employments, civil and military. As foon as the whole of this piece was read through, his Majefty afked the ple- num if they would give him their oath to obferve this form of government j which being anfwered in the ammative, he required them immediately to fwear to it, which they did accordingly. His Majefty then required the Speakers of the re- fpedtive orders to come to the table and fign and feal the new form. After all this ceremony was over, the King ftood up and faid, that it tvos proper it ibank ^iimi^bty God for bis aj/iftaiice, in bringing about fo happy an event; and pulling Pfalm Book out of his pocket, he began to fing Te D*nm, in wliich lie Wai accompanied by the affembly. His of Sweden cannot afiemble but by the royal permimon. The King is to chufe the fenate. They have no right to deliberate upon any thing but what the King pleafes to lay before them. If the contributions are not granted within three months, the old are to re- main. In cafes of neceffity the King may impofe taxes, till the ftates are affembled, There would have been no neceffity for this, if a flavifh party among his own fubjedts had been willing and able, by any pri- vate aids, loans, benevolences, or fubfcriptions, to put it in his power to fupport a military efTablilhment, and to raife new levies at his pleafure. He, as well as the fovereign of England, has the fole difpofition of the army, navy, and all employments civil and mili- tary. The perjured fovereign of Sweden, by the af- fiftance of only a fmall part of the military, has en- flaved his people, and made himfelf the abfolute tyrant of a limited monarchy, in which he was born and edu- catedy and whofe conftitution he was fworn to pre- fer ve *. I know, His Majefty then permitted the flates to kifs his hand, after which he left the room, and the Jtates fcpataled it i'.boiit kr.oiv;ng lobttbtr they ivtre to m-.tt again or net, 7iis dependi on his M.-j' fly's plea/tire. * In the King of Sweden's fpeech at the opening of the diet on the a 5th of June, 1771, he declared, " Born and (wand among you, I learned from my early " youth to love my country, to confuler it as my greateft happinefs that / -uai a " Swede, as my greateft glory, that I was the firft citizen of zfrcc people to fee " this nation happy is my fir ft object; to govern a f>ee and independent pe^le, ** the height of my ambition. Do not fuppofe thefe are vain words, rmtradidted perhaps by the lecret fentiments of my h'-'rt. They are the true picture of a *' hear; glowing with the moft ardent love for gloiy, and for my couiitij . A inart u too houeft to dicb'.te what it does not feel, :o--f> :ul r t er . a r> cedi />- an engage*-. .-." On the 28th of February, 177:, liis Swedifh Majefty folemnly' confirmed by oath, and his fignature, the twenty-four articles of the stsi ~f loud cr eAKgattm to tbt ft>f'e t Mr. Sheridan fays, the King t -who that .-n-fnlug [Aug. 19, 1772.] n 'efrtm l.s bed the nKifi linatsd Prince in Europe, in^be Jfate if fwo bwn rindtrtd b'naftlf HO icfs abjilme it f *53 ) 1 know, Sir, that in the important motion Wfiicfc 1 have the honour of fubmitting to the Houfe, I ftand on the firm conftitutional ground of Englifh liberty, and the rights of Parliament. I therefore particularly claim and call for the fupport and affiftance of thofe, whom I love and venerare, the real whigs, and friends of this excellent coniiitution. They are naturally jea- lous of every infringement on the peculiar privileges of this Houfe, as the reprefentatives of all the Commons* The fundamental rights of Englilhmen have always been their peculiar care. Any acceflion of power to the dangerous influence of the Crown, without the fanction of Parliament, they mult reprobate. In this cafe our very exigence, as a legifktive body, is brought into jeopardy* From every principle of duty to the mt Stocfcbtttitf than tie French monarch is at ferfaiHts, or tie Grand Seignor at Conftan- tiniple. Page 300. " Since the eftablifhment of the late form of government in the year 1720, the *' Swedes had hitherto beheld only f-.rtignen on the throne, Frederick the Firft, and Frederick AUolplms." Page 155. A hiftory of the late revolution in Sweden, by Charles Francis Sheridan, Efq. of Lincoln's Itai, .and Secretary to the Britifh Envoy in Sweden at the time of the late revolution. The King of Sweden ^L-'inly copies the very expreiiions of the King of England; hut every brave Englishman will exert himfelf that no King of England (hall fuccefs- fully follow the coruh-.ft of :h.' King of Sweden. He vas congratulated in the higheft ilrains of natteiy by the comes of France am'. England, which perfectly agreed in their joy on this victory over Liberty. The French Gazette gave a falfe and partial account of this ingleriout revolution, which was faid to be ptu j.>rrp.:' f , and obferved, "tout manquoit a fa Majefte " Suedoife ; el!e ne s'eft pas manquee a elle meme ; fa prudence, fa fermete, fon *' audace, difons mieux, fa <>/ a fupplee a tout. Les fenateurt, affembles dans " leurs lalle ordsiaire, etoient au::fe!ict:-eslcrici?.e des officiersvir.rentleurapporter " 1'ordre tii reft^r tranq>''iles dans 1'appartement ils vov.lurent repliquer, mais " kur pouvoir Ai iftocratique n'impofoit plus ; ils durent obeir." The prefent King of Sweden was in Paris at the time of his father's death, in February 1771. It is agreed, that he planned in that capital the raia of the li- berties of his country. free free fyftem of government under which we live, even of felf-prefervation, this motion ought to be fup- ported ; and in confequence I hope for unanimity, when I fupplicate the Houfe, " that leave be given to bring *' in a bill more effectually to prevent the dangerous " and unconftitutional practice of giving, or granting, tc money to the Crown, as a private aid, loan, bene- " volence, or fubfcription, for public purpofes, with- *' out the confent of Parliament.'* VofEs of April 10, 17 7 The Lord North prefented to the Houfe (according to order) a " Bill for enabling his Majefty to fettle on " their Royal Highnefles the Princes Frederick, biihop " of Ofnaburgh, William Henry, Edward, Ernejl, Au- " guftus, Auguftus Frederick, and Adolphus Frederick, " an annuity of fixty thoufand pounds per annum ; and 5- Louis XV. HiUfe ef Bourkcn. If the Parliament had not changed the order of fucceffion to the crdwn, the HoU<* ef Savoy would have fucceeded, for their right is derived from the daughter o Charles I. whereas the Brunfwick line are defcended from the daughter of James i a degree more removed. The gift of the crown is in the Parliament, in the peopls by their reprefentatives. * The firfl King of the Houfe of Brunfwick appeared to acknowledge this witfa gratitude, when he took for the motto of his coronation medal, folenta per pcpuLi. The motto of the prefetit King, Patrix ovanti^ was not fo happily ehofsn. Th Ovation is defcribed as the fmaller Triumph, of which the poor facrince was a Sheep, Ovis. It ftiould feem almoft prophetic ci the American war, for Aulus Gellius tells xis, " ovandi, ac non triumpbandi^ caufa eft, quum aut bella tion rite indiQa, fl neque cumjufto bojie ptfta funt." At the Ovation a crown of myrtle, not of laurel, was ufed. The fame learned Roman lays, " quod non Martins, fed quafi Peneriui quidam triumphus foret. ' This too may feera prophetic of the prafent raigu, and of the numerous royal progeny. S a The ( 260 ) The people, Sir, in confequence, ponefs the right to be informed of whatever refpe&s the fucceflion. All we know as to the marriages 'of the King's brothers amounts' to this, that they were private and clandeftine, and that no proof of their legality has hitherto been given to the nation. The proofs of thofe marriages ought to be communicated to the two Houfes of Par- liament, while the parties are Hill alive, and the wit- nefles with us may be examined. The fails may now be afcertained with preciiion. If any doufys have been fuggefted in this age, they may be removed by thofe living witnefles, to whom no recourfe can be' had in fucceeding times. I regret that there are fo many bif- toric doubts in our hiftory *. Poilerity has this juft claim on the prefent generation, that our fields may not be again deluged with the blood of a brave people in a fatal civil conteft. Should the fmalleft degree of fcepticifm now exift, the progrefs of it, if not timely checked, is known to be rapid, and it would acquire ftrength even from the general deftroyer, Time. The fulleft light ought now to be thrown on a tranf- action hitherto covered with clouds and darknefs. This enquiry, Sir, I likewife conlider as a point of national honour and juftice to feveral foreign princes, who are allied by marriage to the crown of Great Bri- tain. The Houfe of Naflau, to whom we awe the re- ftorer of our violated conftitution, the King of Den- * Mr Horace Walp'h publifhed .in 1768, an excellent Quarto, intituled, Hifiorit Do*b:t o the Life and Reign of King Richard tbt Third. The intent of this fpeech fecm;; to be the prevention of all bifloric doubts on the events of the reign of George the Third. Mr. Walpole fays, page 40, " the dwbii on the valid-ty of Edivard'i *< Marriage, were better grounds for Richard's proceedings than afperfion of hi; <> rn'iiiir'i t",n?iir. On that invalidity he clattned the crown, and obtained it ; and <*. vuiU foch univerfsd concurrence, that the nation was undoubtedly on his fide." mark, (. 26. ) mark, the Princes of Brunfwick and HeiTe, and others of the Proteflant line, are actually in the parliamentary entail of tl# crown. They will think that we are pro- ' ceeding in a very irregular manner, when we make fettlements on the children of the King's next brother, as legal heirs of the crown after the children of the 1 King, before the marriage of his Royal Highnefs has been publickly recognized. Sir, in this bill I fhould have been happy if there had been a claufe refpecting her Royal Highnefs the Dutchefs of Gloucester, for whom no -eftabliihment is mentioned, although the Bill contains a provillon for her two children. The honour of the nation, and the fplendor of the Britifh Crown, call upon us to proceed to afcertain an adequate provifion during life for the wives of the Royal Brothers. It would have naturally taken place in a bill of this nature, confecrated to the Brunfwick line, the elected of Heaven and the people, as the protestors of our liberties, if minifters had adopted the fame liberality of fentiment, which per- vades the nation. Is this Parliament, Sir, doomed to counteract the wilhes of a whole kingdom ? or is it meant to attempt the fubjedting every branch of the Royal Family to the fame fervility, which has charac- terized the prefent majority in this Houfe ? There is not, Sir, a private gentleman among us, who has not painful ideas from the precarious fituation of the two Royal Ducheffes, almoft unparalleled in any family of diitinctiou. They have ftill to expect, from the merited efteem of the nation, an eftablifhment ade- quate to their high rank, and the additional luftre it has received from their unexceptionable, I might fay exemplary, conduct. I hope fuch a provision will be S 3 made, C made, and I am very happy that ths Worthy * Baronet near me has given the Houfe affurances of his moving it in Parliament, if it continues to be neglected by adminiftration. The motion will come from him with weight and dignity, nor can there be a doubt of his generous endeavours being crowned with fuc- cefs. To facilitate, Sir, fo important a bufinefs, the pre- vious fltp I have mentioned feems neceiij Every communication ought to be made to parliament, which can elucidate a matter at prefent obfcure, that we may know the fure grounds on which we proceed. We lhali then be in poflemon of thofe clear proofs alluded to, without which I do not think we can with propriety enter upon that claufe of the bill in your hand, Sir, which refpefts the defcendants of the Duke of Glou- cefter. I therefore hope, Sir, for the concurrence of the Houfe in a motion for (: an humble and dutiful Ad- " drefs to the King, that hi; Maj'-Jly would be graciovjly felf at the head of i 'be fame Roman legions, and gave the Samnites a total, overthrow* It was no article of the the capitulation at Caudium, that the fame troops fliould not ferve again againft the fame enemy. The Samnite general, Pontius, was the very next year after the af- fair of the Can dine Forks, with the whole Samnite ar- my, forced by the Romans to pafs under the yoke, un- armed, with only one garment each, that the former ignominy might be retaliated by the fame troops on the fame enemy. The high Roman fpirit fbon made a conqueft of the whole country of the Samnites, af- terwards of Italy, of the world. The queftion was put on the amendment ; when the numbers were, 95 for the amendment, againlt it 144. No divifion took place on the motion of Mr. Vyner. General Burgoyne, in his publication, has pafled the higheft compliments on Major General Gates, and on Major General Schuyler, commander in chief of the northern department, whofe family treated him with every pofftble demon/1 ration of btfpitality. Speeches, p. 10, In the " Trial of Colonel David Henley," pub- lifned by Genera] Burgoyne, he tells the court-martial of " the very honourable treatment Ihewn us by Ge- *' neral Gates/' page 57. Let us now hear the charges brought by thefe .two American Generals, Gates and Scbuykr, againft General Burgoyne, and other Britilh officers. In a letter to his Excellency John Hancock, Efq. Prefident of Congrefs, dated " Head quarters, " Aug. 28, 177/5" General Gates fays, u The horrid " murders and fcalpings, paid for and encouraged by " Lieutenant General Burgoyne, previous to his defeat " at Bennington, will for ever ftain the honour of the jaft ice to the opprefibd ( J5 ) oppefied and injured. As an Englifhman, let him ap- peal to the people, and conftitute the Englifh nation the judges of his conduct and honour, in every point jn difpute between him and adminiftration, or even royalty. He obferves, that the time will come for an enquiry. It will certainly come in this mode, whenever he chufes to publifh the papers, which he furniftied to, and are now withheld by, Minifters, papers of the ut- jnoft importance, according to his declaration in this Houfe, to the State, to the Parliament, and to the Public. The amendment made to the addrefs goes ftill far- ther, and takes larger ground, including, however, that of the late American commander. It propofes to enquire into all the late fatal counfels, which have brought on a difmemberment of the empire. The juftice of the nation calls loudly for it, and therefore my feeble voice ihall be for that wife and necefiary meafure. VOTES of March 10, 1779- Refolved, That this Houfe will, immediately, refolve itfelf into a committee of the whole Houfe, to confider of granting further relief to Proteftant dffinting mznifiers and fcbwl-inafters. Mr. C Mr. Wilkes faid, Mr. Speaker, I rife not at this time to enter into the merits of fo important a queftion to religious liberty among us, but to anfwer the objections of the honourable gentleman * jiear me, againft going into a committee for this con- fideration. This early oppoihion is more harm than well-judged. He thinks the queftion mould not now be agitated, becaufe a time of tumult, dijlrefs, and war, is a very improper feafon to make the leaft change in the ftate of religion in any country. Did the worthy baronet forget that a juft relief was the very laft year granted to many opprefled loyal fubjedts, to the Ro- man Catholics, and an important change made in their iuuation among us -j~ ? Yet, Sir, the laft year was equally a year of tumult, dijlrefs, and war. Not the leaft inconvenience of any kind has arifen from the Act of laft Seffion in favour of the Roman Catholicks, from fo great an alteration in our ecclehaftcal police. On the contrary, the nation has more firmly attached to it by the ties of gratitude a very confiderable num- ber of ufeful fubjefts. Not the leaft tumult or diftur- bance has been the confequence of that wife meafure. It is impoffible, Sir, that toleration can create tumults and religious wars* Perfecution is, indeed, a moft active demon, delighting in human facrifices, has * SirWrlliam Bagot, Baronet, Member for Staffbrdfhire. f The Roman Catholicks are fuppofed to be much more numerous than they really are in England. " When the Earl of Radnor moved in the Hoitfe of Lords for an Enquiry into " the number of Roman Catholicks in this kingdom, his Grace (Archbifliop " Seeker) was very active in forwarding that meafure. The return for his own u <}iocefe was no more than 271 ; that for all the diocefes in England and Wales did " not exceed 68,000." Life of Seeker, prefixed to his Sermons, 8vo, 1780. 3 drenched ( 3*7 ) drenched our fields, and dyed our fcaffolds, with tin* Daughter of the victims of religious rage ; but the fpirit of toleration is conciliating, heals diviiions, and teaches. men mutual forbearance, meeknefs, gentlenefs, and univerfal benevolence. The worthy baronet, in the great compafs of his reading, will not give a fmgle proof of the mifchief even of the moft unlimited tole- ration ; but he will find innumerable marks of th bloody footfteps of the revengeful and remorfelefs per- fecutor, lefs intent to fave than than to deftroy. Another objection, which the honourable gentleman has urged, is, that there is no petition before the Houfe from any body of the Proteftant difienters, no complaint of perfecution, no inftance of fe verity againft any of the fedts which differ from the eftablifliment. When the Houfe proceeded the laft year to give relief to the Roman Catholics, was any petition previoufly prefented ? Was a committee appointed to ftate the various fads of perfecution, or even harfh ufage ? Were any cafes of that nature urged in proof? No, Sir ; the Houfe proceeded on the liberal idea of re- moving all unjuft and impolitick reftraints, on the juf- tice of leaving the fubjedt free as to all opinions merely religious, on the natural rights of every man to worlhip his Creator in the manner which he thinks moft ac- ceptable to the Deity. The Roman Catholicks ha'd not been harrafled by any legal profecutions ; but the laws were unrepealed which put them in the power of every infamous informer. They were fubjecl' at any time to the moft rigorous penalties, at all times to the moft mortifying reftraints. The wifdom and equity of Parliament at laft interpofed, and reftored them to feveral of their natural rights. Surely, Sir* the. the Proteftant diflenters have a much ftronger clairri on government. They have fteadily fupported the caufe of freedom. They have acted on almoft every occafion with fpirit and vigour againft thofe, who have* endeavoured to overthrow this free conftitution, and bury liberty in its ruins. As the confequence and proof of their attachment to the caufe of liberty, they have been among the molt zealous for the fucceflion in the prefent illuftrious family, a fucceflion often fecretly at- tempted to be undermined, and openly invaded by the tools of arbitrary power, both at home and abroad. At this hour, however, the Diflenters remain fubjedt to feveral barbarous and cruel laws, enacted on the fpur of a prefent neceflity, as it was thought, and therefore acquiefced in almoft without murmuring, but laws, which difgrace a thinking people, and are a contradiction to every principle of found policy. The honourable gentleman near me has oppofed the motion on another ground, the danger of it te the cftablilhed church at this alarming period. He pa- thetically laments the progrefs of Atheifm, and the publication of many atheiftical books within the laft twenty years. I think this accufation on our country ill founded. I believe, Sir, I have read more books of religious controverfy than the worthy baronet, and I deny the publication of the numerous atheiftical works, which have engaged the public attention, in this country, even for the laft half century. I might call for the proof of a fingle atheiftical book, of the leaft note, publilhed in the eighteen years of this pi- ous, if not glorious, reign. Deifm indeed, Sir, found, pure Deifm, has made a rapid progrefs, not only in this but in every part of the continent. It is al- C become the religion of Europe *. Atheifm is certainly not the prevailing, fafhionable error of this enlightened age or country, but every year adds to the number of the difciples of Deifrn. I have not heard of any outrages or violent per-fecutions among the Deifts, although certainly they are greatly multiplied of late ; but we have to lament the uncharitable fpirit of moft feds of Chriftians, and even of not a fmall number of the eflablilhed church of our own countrv, of which . 7 I am a member as well as my good neighbour. The honourable gentleman is not well informed. It is a miftake to impute all the late publications againft the received fyflem of the Chriftian religion to the Proteft- ant dhTenters of any denomination. The fad: is, that the authors of the greater part are members of the cftablifhed church of England. As the laws now Hand, a PifTentmg preacher is ob- liged, in order to avoid fevere penalties, and to enjoy the benefit of the Act of Toleration, to fubfcribe the 39 articles of the church of England, that is of another church, except the 34th, 35th, and 36th, and a part of the 2oth article. I hope we mall go into a com- mittee to confider of the repeal of fo unjuil and un- charitable a lyftem of laws. I will not now, Sir, exa- mine the orthodoxy, or abfurdity, of the doctrinal parts of the 39 articles ; but I defire to proteft againft any man's being compelled to fubfcribe them, becaufe they militate againft the firft great principle of Chriilian charity. In the 8th article we find, " that the three ." creeds, Niwne creed, Atbanafius's creed, and that * L "adoration pxire de 1'Etre fupreme commence a etre aujourd'hui la religtoa de tous les honnete gens ; et b;entot elle defcendra dans vine partle feme du peu- f>le mems. Le Diner du Compte de Boulainviliicrs, page 52. " which ( 3 20 ) ** which is commonly called the Apoftjes* creed, ought ke thoroughly td be received and believed : for they " may be prved by moft certain warrants of Holy " Scripture.'* Now, Sir, one article of faith in the Athanafidn creed is, that " except every one do keep " whole and undefiled the Catholick faith, as fet forth " in that creed, 'without doubt he Jhall perijh everlajl- et ingly" I want words, Sir, to exprefs my horror at the total want of Chriftian charity, the indecency, the foolilh prejudice, and even infolence of fuch a decla- tion. A much higher church authority than St. Atha- tiafius, the Apoftle Peter, aflures us, that " in every nation he that feareth God, and ivorketh right eoufncfs^ is accepted with him ;" and the great Apoftle of the Gentiles, St. Paul, feems to hold a very different doc- trine ; for he tells us of three beautiful lifters, the three Chriftian Graces, Faith, Hope, and Charity, which abide, thefe three, but he adds, the greatejl of thefe is Charity. I hope the committee will exempt the Pro- teftant diflenting minifters and fchool-mafters from be- ing called upon to fubfcribe this monftrous propofition, of St. Athanafius. I think it our duty, for thefe con- liderations belong directly to the jurifdi&ion of Par- liament. By the very writs of election, we are called together to confider of certain arduous and urgent af- fairs concerning the State and the Church. The moment likewife appears to be happily chofen, for the bandage is at laft fallen from the eyes of fuperftition, and per- fecution drops her iron rod. I am not ftruck by the dread of the danger to the Church, with which fome gentlemen feem alarmed. On the contrary, I think it would do honour to our Church to treat with tendernefs all thofe, who are nn- . happy happy enough not to be in her bofom. I admire the temper with which the late indulgences to the Roman Catholicks were received, and moft certainly a Re- formed Church mult be flill more kindly difpofed to their Proteftant brethren. Our Mailer has told us, in the Urged and moft general terms, that where tW9 or three are gathered together in his name, he was in the inidft of them. Sir, I honour the ingenuity of the worthy * Baronet, who made the motion, in contriving to oblige us to hear many pages of a fermon, by reading them as part of his fpeech. It was happily imagined, for I understood on a late occafion that not one member of this Houle attended you, Sir, to St. Margaret's; and I believe the Chancellor likewife on that day was left without a fin- gle Lord. Surely, Sir, it is then high time to difcon- tinue the obfervance of that annual faft for the death of a tyrant. Many other fermons have this day been quoted by gentlemen; but the proof arihng from them only goes to the private fentiments of the preacher, or of the few who hear, or read, and approve thofe fermons. I really think the general opinion of the clergy at this day is for a liberal toleration, and I truft that a majority even of the epifcopai order will now aflent. They have acqui- efced in the juftice done to the Roman Catholics, and I hope the prefenc relief intended to the Proteftant dhTenting minifters and fchoolmafters will not be given with reluctance, nor in the leafl delayed, but cordially adopted both by clergy and laity, and that the Houfe will immediately refohe itfdf into a committee of the izkole Houfe, to confider of granting further relief to Protejlant diffenting minijhrs andfchooimsjicrs. * Sir Henry Ho^hton, Baronet, Member for Pxefton. Y VOTES VOTES of March 15, 1779. The * Lord Advocate for Scotland having taken his feat for the firft time this feffiori, Mr. Wilkes faid, Mr. Speaker, I am glad to fee now in his place the fu'ft law officer of the crown for Scotland. I have a real refpect for his Very fuperior abilities, and am always charmed with his manly eloquence. I waited with impatience for his ar- rival to call upon him to make good his promife laft year to the Houfe, to bring in a bill this feffion for the relief of the Roman Catholics in the northern parts of this ifland. I remember his obfervation the laft feffion, that the penal laws of that part of the united kingdom ap-ainft the Roman Catholics had been enacted orevi- O A ous to the Union, and were of fo complicated a nature, that it would require a good deal of time fully to invef- tigate them, in order to frame a bill for their total, or partial, repeal. He therefore declared it advifeable to defer the relief of the Scottilh Roman Catholics till the next feffion of Parliament, when he pledged himfelf to the Houfe that he would have a bill ready for that pur- pofe. The idea was approved by both fides of the Houfe, " * Henry Dundas, Efq; Member for Edinburghftiire. and a'nd warmly recommended to the honourable gentle- man's peculiar attention. So much of the prefent fef- fion is already elapfed, that I think it my duty on his flrft appearance to remind him of that parliamentary engagement, which I doubt not he is ready immedi- ately to fulfil. The Lord Advocate then went into a detail of the peculiar circumftances of his fituation, of the late tu- mults at Edinburgh and Glafgow, and concluded that he believed the Scottilh Roman Catholics rather wifhed the bufinefs to be deferred. Mr. Wilkes then added > Mr. Speaker, I think it is now apparent that the honour and inde- pendency of this Houfehave been meanly facrificed by the friends of adminiftration to the feditious populace in Scot- land. An example of a fatal nature has been given by the mobs of Edinburgh and Glafgow to the mobs of London and Weftminfter to rife, and endeavour by fimilar out* rages to prevent any matter of moment difpleafmg to them from ever being brought into Parliament. The magiftrat.es of Edinburgh appear to have been apprized of the intended riot fome days before. They at leaft connived at the tumult. If the accounts publiihed there are to be credited, they actually aided and abetted the rioters. They faw with pleafure the various cruelties exercifed by a lawlefs banditti. They exerted their authority only againft thofe, who endeavoured to quell the riot *. By a proclamation in their name, four days after * la the pamphlet publifhed by CogWan, it is laid, " The Duke of Bnccleugh " and his officers were fhocked at what they faw going on, and exprefied their in- Y a " dignatio* C 3*4 > after the riot, they feem to plead guilty, for they de- clare, " after this public affurance, the Lord Provoft and- " magiftrates will take the mofl vigorous meafures for tf repremng any tumultuous or riotous meetings of the- i( populace, which may hereafter arife; being fatisfied " that zny future diforders will proceed only from the " wicked views of bad and defining men," a very hand- fome, although indirect, compliment to the good views of the former well-meaning rioters. A folernn promife- had been made in the name of government to the mob by the * Lord Jujlice Clerk, that no bill in favour of the " dignation in the ftrongeft terms ; and as the riot aft had Been read feme time be- " fore, only waited Lord Provoft's (Walter Hamilton 1} orders to repel force by force,, " arid fave the Houfe. " When his Grace favv what the mob was intending, he defired the Lord Provo/l " to give him leave to act with the neceffary vigour, and undertook, if he was al-- "lo\vud, to prevent all future mifchief; but this leave being refufed, he rufheJ " among the mob, and took five prifoners with his own hand, whom he delivered to 1 " his men, but the Lo-d Pro-v.,/1 immediately defired they might he releafed. Upon " this his grace replied, that being there as a militaiy man, under the command of " the civil magiftrate. he would not releafe them without exprefs orders* Thofe " orders bis Lordfb p immediately gave, and the prifoners were releafed.. " Hay, ftraw, tar barrels, and other combuftible matter, which the mob had al- " ready prepared, were fet on fire in different parts of the Houfe; .which, when " Major Sir James Johnfton perceived, he immediately ordered fome of his men tp. force their way into the Houfe, and extinguiih the flames. This they chearfully " did, and in a fhort tiir.e liad r-lmoH: got the fire under ; but the Prevofl, feeing this^ " defired Sir James to recall his men. The Major expreffed his utmoft furprize at " fuch orders, and refufed to recall them, unlefs his Lordjhip fhould give Iiim pofitive ".orders to do fo. The orders were immediately given, the men were withdrawn, " rhe flames foon prevailed, and in a fhort time ths whole houie was reduced to " afhes, with the beft part of tlie furniture of five families who dwelt in it." Pages az, 23, 24. A Dey of Algiers offered r:i burn his capital for half the fum, which the Bom- bardment of it by Louis XIV. would coft ; but a Lard Pro-vofl of Edinburgh u th. tirft Chriftian magiftrate who gave directions, as an incendiary, for the progrefs of devouring flames ia his capital. If a Lord Mayor of London had aclcd in this manner, he would mor>aiiurjtiiy have held up his hand at the Old Baily, and been <,!] 'itally convidted. , the Right Hon. LrJ Jrfici Clerk. Edinburgh, Feb. 12, 1779. This day a letter v.us received frcm L rd rifcount IJ'ymutb, his Majefly's Princi- pal Secretary ef State for the Southern department, ibted Sc, James's, Feb. 8, 1770, ( 3** ) the Scottiih Roman Catholics fhould be brought into the Houfe of Commons this feflion. Is it poffible, Sir, Xo imagine a more ignominious furrender of the dig- nity of Parliament, or a more perfect annihilation of our legiflative rights ? A Britilh Parliament is con- trolled in their proceedings by an Edinburgh mob, and we are forbid even beginning an a& of juftice and hu- manity by an ignorant and infolent mob, by a mad and Jawlefs rabble. The public faith, pledged in the moft folemn manner by government to the Roman Catholics of Scotland, is groflly violated. The Attorney General ,was proceeding capitally againft fome rioters, who, in the general joy for the triumph of virtue and bravery over malice and perfecution, had broken windows in this metropolis ; yet the mob of Edinburgh, who had pulled down and fet fire to houfes, and totally ruined fome innocent individuals, are unnoticed by the law of- ficers of the Crown. Inftead of punifhment, they meet applaufe ; they obtain the object for which they had riotoufly aflembled, England, Sir, has relaxed her pe- nal laws againft the Roman Catholics. Ireland has re- laxed her penal laws ; but Scotland obflinately refufes, although her penal laws are much more barbarous than thofe of the other two kingdoms *. It becomes then the ruMrelTed to Lord J^ice Clerk, in \vhlch, after informing him of the imufpofition of the Farl of Suffolk, to whom, as Secretary of State for the Northern department, Lord Juftice Chrk't letters had been addreffed, and after expreffing great concern for the alarms which had been raifed in the minds of the people of Scotland, upon the iv.bjeet of an intended repeal of the laws againft Papifts, his Lordfhip givei the mjl fifitivc aj/iirxnce, that no fucb billii intended to be brnuglit into Parliament by any mem- ber of Government, or by any other perfon known to his Lordfliip, and defirts Lord Jujlict Clerk immediately to take fuch courfe as he fhall judge moft expedient to quiet the minds of all ranks of people on that fubjeft. Tho. Miller. * The kirk of Scotland appears to be a cenforious, ill-bred, abufive, perfecuting prude, who can give nobody a good word. She is always talking againft her lifter ef England, a fober, decent matron, whom fhe reviles for wearing clean white fcnen, and liftening to the frufant organ. But the greateft object of her rage is a Y 3 flaunti g the wifdom and juftice of Parliament in this crifis. to act with fpirit. The conduct of adminiftration appears to me highly criminal, and the legiflature ought there- fore to interfere. Every government owes protection to its fubjects, or forfeits their allegiance. When I am informed that the peaceable and loyal Roman Catho- lics of Scotland find no fecurity even in their capital for their lives and property, I do not hefitate to aflert that there is a. diffqlutiqn of all Government. VOTES of April 20, 1779. The Houfe refolved itfelf into a committee of the whole Houfe upon the Bill for the further relief of Pro- left ant diffcnting minifars andfchoolmafters. Frederick Montague, Efq; member for Higham. Ferrers, took the chair of the committee. Mr. Wilket faid, Mr. Montague^ I am a Heady friend to religious liberty and the righ$ of private judgment, and therefore I hope to fee this bill go through the committee, undogged by either of the tefts propofed by the noble * Lord in the blue rib- baqd, or the honourable -j~ gentleman near him. . Nei- flaunting Italian lady, with whom fhe ;s in a real ftnte of warfare. She would not pnly tear all the fine cloaths from her back, but fhe wouW tear the lady herfelf limt> from limb. She delights in the fouleft and moft opprobrious expreffions, and on fo- lemn qccafions, a? well as in common convert'atiun, calls her Wbvre, and the Wbtrt ef Babylon. * Lord North. f Sir Henry Ho^hton, Baronet, Member for Preflon, ( 3 2 7 ) ther of them has advanced a fyllable to prove the 'claim of the civil magiftrate to interpofe in matters of pri- vate opinion, to over-rule the rights of confcience, or to dictate a creed for the reft of the community. I deny that the civil magiftfate has the leaft concern with the falvation of fouls, or that any power of that nature is delegated to him. Men affemble in fociety only for the fecurity of their civil rights, for the prefervation and pofleffion of life, liberty, houfes, goods, effects, all kinds of property. The magiftrate is therefore armed with the whole force of the ftate to affift the weak againft the violence of the ftrong. Here his power ends. It need not, it cannot be carried further. My faith, whether robuft or feeble, muft depend on the perfuafion of my own mind, on the ftrength or weak- riefs of my underftanding, on the conviction, which reafoning may operate. A perfon cannot be privileged to think and examine matters of faith to be believed by another. So far only as I know, can I give a full affent. Some gentlemen near me are miftaken, when they talk in fo confidential a {train of the lincerity and certainty of their faith, for no man could ever actually believe every thing in the 39 articles, becaufe no man ever could under-Hand the whole. In every unintelli- gible proposition, it is impoflible to decide as to the truth or falfehood. Vain felf-love makes a bigot think any opinion different from his own to be herefy, but every man is undoubtedly orthodox to himfelf. The power of compulfion in points of faith would lead to the enacting of error no lefs than of truth. Such a claim is attended with this plain abiurdity, that the ci- vil magiftrate muft every where have the fame jurifdic- o> and that the fole right of judging muft be in him. Y 4 I ihall ( 3*8 ) I {hall therefore be commanded at London to fubfcribc the Old and Ne-w 'Tejiament ; but if I were born in the latitude of Conftantinople, the Mufty might equally claim my belief of the Koran. If I were a native of Indoftan, the Veidam, the Gentoo creed, and the Ordina- tions of the Pundits, muft be acknowledged of di- vine authority; but in the north, all the various na- tions of the old Scandinavia, would have held out to me the infpired Edda, or fyftem of Runic mythology *. The civil magiftrate can clearly have no right to prefcribe error ; and we fee how infinitely it varies, while truth is fimple as well as uniform. It cannot then depend on the magiftrate to enact truth, for we find how fallible he is, that he often enacts error, and no man will aflert that I ought to be compelled to embrace error. But, Sir, no other man can think and determine for me in matters of confcience. The fame argument, which brings conviction to the mind of one man, often ope- rates very feebly on another. If I am not convinced,, can I fairly aflent or believe ? Or am I to be compelled to the declaration of a falfhood ? The portion of reafon which God has given every man, can alone decide for him on the truth or falihood of any propoiition held out to him by another. By his own reafon alone can he judge, and will he be judged. * An impudent Frenchman has called the eftablifhed religion of every country, la retiiri'jn dn Ixntrreau. Voltaire has placed this in a ftrong point of ridicule in nis Efiire au Roi de la Chine. Quand la troupe ecarlate a Rome a fait un choix> L'elu> fiit-il un fot, eft des-lors infaillible. Dans 1'lnde le Veidam, ct dans Londres la Bible, A 1'hopital des {bus ont logj plus d'efprits, Que Gri?,el u'a trouve de dupes a Paris, I am ( 5*9 ) I am at a lofs to guefs on what pretence, except tliq luft of power, in fome countries the civil magiftrat^ has ufurped the claim of decreeing articles of faith for the reft of the community. If I am a good fubjecl. of the State, loyal to the Prince and zealous for the wel- fare of my country, is not the great end of my aflfoci- ating in civil fociety fully anfwered? I have ftipu- lated for protection to my perfon and property from the laws, and the return is obedience to them. I am to defend the State, which defends me; but has this the leaft connecTrion with my believing the religion of another man, with any mode of faith? In all cafes where the public weal is not interefted, I preferve my natural li- berty. Four or five French wits fome years ago facri- ficed a goat to Bacchus. They had a right to make a burm>ofTering of their own goat to whom they pleafed ; to eat any part of it themfelves, and confume the reft, according to their private caprice. But if a man ihould attempt to facrifice his fon to Molock, the ci- vil magiftrate ought to interpofe, and punifh not the facrifice, but the foul murder. The diftinftion is clear and founded in reafon. The one is a foolilh, but harm- Jefs a6t, not attended by injury to any perfon. The other is a horrid breach of the neceflary police of every flate, a violation of a moft important law. The great Locke puts a fimilar cafe : " If any people congre- " gated upon account of religion, ftiould be defirous to " facrifice a calf, I deny that they ought to be prohibited " by a law. Melibceus, whofe calf it is, may lawfully " kill his calf at home, and burn any part of it he ** thinks fit. For no injury is done to any one, no * c prejudice to another man's goods. And for the fame if reafon he may kill his calf alfo in a religious man- 2 '< ner. C 33 ) (< ner. But if the intereft of the commonwealth re. (( quired all ilaughter of beafts fhould be forborn for * e fome time, in order to the encreafing of the flock of * ( cattle, that had been deftroyed by fome extraordi- " nary murrain ; who fees not that the magiflrate, in " fuch a cafe, may forbid all his fubjetts to kill any * f calves for any ufe whatfoever ?" Such, Sir, are the found principles of toleration; and yet Locke was fo alarmed by the bigotry and ran- corous oppofition of the Oxford Tories, then too in high credit, that he did net venture to fpeak out, and to ar- gue with all the powers of his enlarged underftanding. He fays, that he would tolerate the idolater, not the Atheift. I cannot affign any caufe of difference, fup,- poiing each to be equally a peaceable fubjecl:. Was David Hume, the profeffed Atheift, one of the moft humane of our fpecies, an irreproachable denizen, not to be allowed to reikle quietly in his pwn Houfe ? Could fuch a prcfcription come from a Locke ? Can a man forfeit all his franchifc-s for a miftaken point of fpeculation? As to the Atheift being admitted into places of truft or profit, that is a further cpnfideration. Locke argues, " that promifes, covenants, and oaths, (( which $re the bonds of human fociety, can have no " hold upon an Atheifl." I admit the obfervation 2,5 to oafhs, rnoft fhockingly multiplied among us on every occaiion. Perhaps penalties of a heavy nature might be as effectual with mankind in general. The reafon- ing does not hold good as to promifes and covenants. This is the dodtrine of mere violence. I would not, Sir, perfecute even the Atheift *. J think he has a * There is a beautiful jiafiage in the fscond book of Efdras, ch. I. ver. 22, i^. Thus faith the Almighty Lord, Wbt* yt were in thi ivildti-nefi, in tLe *iy<. jtrxcrhes, being atbir/'i, andbtaffbeming my mm, I gave ytiit not fire fir your iKiti t tut (aft a trie in tin iy*iir t and madt ike liwrjweti. right to toleration, and, for my own part, I pity him* for he wants the confolation, which I enjoy *. I would fupport the fublime dome of St. Paul's, but; J would not deftroy a beautiful Pantheon. I wifli to fee rifmg in the neighbourhood of a Chriflian cathe- dral, near its gothic towers, the minaret of a Turkilb mofque, a Chinefe pagoda, and Jewilh fynagogue; with a temple of the fun, if any Perfians could be found to inhabit this ifland, and worfhip in this gloomy cli- mate, the God of their idolatry. The fole bulmefs of the magiftrate is to take care that they did not perfecute one another, for priefts of all religions are the fame. I fpeak not individually, but generally, as too fond of power, ambitious, grafping at wealth, honours, and preferment, luxurious, indolent, intolerant. Even the toleration aft appears to me incomplete, and in a degree to breathe the fpirit of perfecution. I agree with the honourable f- gentleman who fpoke laft, that it has great need of amendment. There is an abfurd intolerance remaining even in that aft, as if nothing human could be perfect, as aftronomers remark fpots in the fun. One of the claufes enads, that // flail not extend to give any eafe, benefit, or advantage, to any perfon that foall deny, in his preaching or writing, the doftr'me of the bleffed Trinity, as it is declared in the aforefaid articles, that is, the thirty- * Voltaire fayt, in a letter to a friend, Nov. 10, 1770, Je vous fais bien boa grede reprouver I'^ibeifmt, et d'aimer ce vers, Si Diai n'exiftait pas, il faudrait 1'inventer. Je fuis rarement content de mes vers, muis j'avoue que j'ai une tendreffe de pere pour celui-la. ' Les ennemis des caufes finales m'ont toujours pmi plus hardis que ralfonnables, S'ils rencoiitrent des chevilles et d^slroui, ils avouent fans hefiter que les unes ont etc faites pour les autres, et ils ne veulent pas que Ic foleil foil fait pour les pla- , &c. &c. < Thomas Powys, Efq. Member for Northamptonfhire> C 33* ) nine articles. Now, Sir, many learned and pious have been of opinion, that the Atbanaftan doctrine of the Trinity, enjoined to be believed by the thirty-nine articles, is direct polytheifm. It is certainly a fpecula- tive opinion, uninterefting to the welfare of the com- munity, and therefore I ought to be left at liberty to reject or adopt it, according to thte ftrength or weak- nefs of my private judgment. Notwithstanding the ptefent forbearance of the church, which we are now reminded of, we know from fuch examples as Wbifton, Clarke, and Hoadly, that even in this century good and exemplary men have fuffered perfecution on ac- count of this very doctrine, and various fpccies of pre- tended herefy, who were preferred merely by the in- terpotition of the humane rulers of the ftate. According to the prefent fyftem of laws, there is not only a real perfecution of the Proteftant dirtenting minifters, but a direct invafion of the natural rights of the laity, of every man who has the happinefs of a father's name in this country. I fuppofe, Sir, it will be readily admitted, that the good education of chil- dren is the mod important duty of every parent. I will then fuppofe, as I am told is actually the cafe of a noble Lord * diftinguifhed for his great political knowledge, and refined tafle in the polite arts, that a father is of opinion a certain Diffenting Clergyman \vill educate his fon better than any other perfon. It becomes then the duty of a father, under fuch a per- fuafion, to commit the education of his fbn to that tutor. Is he then to fubject the Diffenting Clergyman to the moft ridiculous reftraints, not to come wit brn five miles cf a city, town corporate, or borough, unlefs only in * It is thought that tliis alludes to Lord Shelburne and Dr. Prieftlcy. C 333 ) faffing upon tie road, or unlefi required by legal p to imprifonment without bail or mainprize, or to heavy pecuniary penalties ? or is- he to violate the ftrongeft ii%+ j junctions of nature ? I will venture, Sir, to affirm, that there are not in Europe men of more liberal ideas, more general knowledge, more cultivated underltand-* ing, and in all refpedts men better calculated to form the riling generation, to give the ftate wife and virtu- ous citizens, than the doctors Price, Prkitley, and Kippis. Yet the rod of perfecution hangs over then* by a (ingle thread, if they do not fubfcribe thirty-five articles and a half of our church. A mercenary in- former y or a blind zealot, may bring, under the laih of the law, men,, who do honour to the age in which we live, and the moft abandoned of our fpecies have it; now in their power to perfecute virtue and genius, when exerted for the benefit of mankind. The noble Lord in the blue ribband, and the honourable gentleman near him, with a curious in- coniiftency, are for abolifhing one religious teft, and fubftituting between them two others, for each pro- pofes a different teft to be added to this bill. I am againft the old teft ; and when we have got rid of that, my voice will never be for freih faackles on tender con- fciences* I maintain the doctrine of the magiftrate not having a right to interfere, except to preferve the peace and order of fociety, and to protect our civil rights. Are the thirty-nine articles connected as to doctrinal points with the civil duties or rights of the fubject ? Certainly not. Whence then can arife the right of compulfion to the fubfcription of them ? They, are even hoftile to civil liberty, and therefore unfit to be impofed on the fubjccts of a free ilate. The article whicli ( 334 } h enjoins the Homilies to be received as a godly and wholefome doElnne will be confidered as a libel on thh free conflitution by every man who has read the Homfy againji rebellion. That Homily declares, that, for con- fcience fake, we muft fubmit to a " Caligula, a Glau- *' dius, or a Nero, foolijh rulers, or moft cruel tyrants" Then was the Revolution unjuft. Is a free-born Erig- lifhman to be called upon to fubfcribe a doctrine, which no man in Turkey believes or acts upon ? Abfurdities will in vain be preached and enjoined. In every ex- treme! cafe we find Nature re fumes her rights, and Juf- tice triumphs, in one country by the bow-Jiring, in another by the axe. All points of fpeculative doctrine ought to be equal to the civil magiftrate Will it be aflerted that a perfon, who believes only in the Divine Unity, and whofe religious worfhip is reftricted to the one fole felf-exiftent Creator, may not be as faithful a fubjedt, as another who believes the Athdnafian doc- trine of the Trinity, and pays divine honours to in- ferior, to derived beings. They both may contribute equally to the enormous taxes, which the noble Lord is year after year enforcing for this iniquitous and ac- curfed American war. So far both ought to be held O in the fame eftimation by our political rulers. Is a per- fon to be deemed factious for not believing the fubjec- tion of every individual of the human race to everlafl- ing damnation for a crime to which he was not con- fenting, committed before his exigence ? May I not hold the univerfality and impartiality of the divine goodnefs, if I live peaceably, and obey the laws of my country ? Surely, Sir, a good fubject may doubt that every man is of bis own nature inclined to evil, and that even perfon born into this world defervetb God's wrath and C 335 ) &nd damnation. I may be zealous for the Proteftant (uc- ceffion in the Houfe of Hanover, and yet not believe that the laft fweet prince of that illuftrious line, the very young Oftaviits, had in fo few days abode among us deferred God's wrath and damnation. Upon my word, Sir, the doctrine of fome, who call themfelves orthodox, and deal out damnation fo liberally, makes an humane man tremble. Let us no longer think of impofmg thefe, or any other, articles of faith. Expe- rience tells us, that terrors and rewards may create temporary profelytes and hypocrites, but reafon only can make a fincere convert. It is high time to pro- claim religious liberty in 'its full extent to a people, who have long abjured the fpiritual tyranny of Rome. The honourable gentleman near the noble Lord fays, that he " is for the declaration againft Popery r , becaufe " it is a civil teft, x and as fuch it forms a claufe of the " bill on our table." There is not, Sir, in that decla- ration a iingle fyllable refpeding the civil rights of mankind. Tenets of religion only are laid down in. that declaration. The words of it are, " I do believe " that in the facrament of the Lord's Supper there is " not any tranfubftantiation of the elements of bread - Ionian univerfally adopted as infpired writings by all Proteftants ? The exqu-ifite poetry of them will always be admired ; but fome fober Chriftians have doubted whether the fpirit of godlir^efs and true devotion was to be found in many of the, luxurious wanton defcrip- tions in the Eaftern flyle. It has been objected, that they rather fuggefted too fenfual ideas, and that the colouring was too warm. In the New Teftament, the epiftle of St. Jude has been doubted of as part of the infpired writings, from the account of Michael the archangel contending with the Devil about the body of Mofes* Are our own divines univerfally agreed about the authenticity of all the books received as Holy Writ ? Have no doubts been entertained by them even of the Gofpel of St. Matthew, as we have it in the Greek ? We find then, that this propofition of the noble Lord is by no means, like his propofitions for taxes, clear and precife, to fubfcribe the Holy Scrip- tures, as received by Proteflants, for it is not yet fet- tled which are the canonical books. If all Proteftants were agreed as to the authenticity of the volumes, yet another difficulty would occur. Is the text in fo Z pure ( 338 ) pure a ftate that I am certain it was dictated by the" wifeft and beft of beings, that it is truly the word of God? We all know of the thirty thoufand various read- ings in the New Teftament, fome of them confefledly important ; and moft of the Bifhops have encouraged a learned Divine of our Church, Dr. Kennicott, to ex- amine the various manufcripts of the Old Teftament, to reftore the genuine reading of the Hebrew text. It is not therefore perfect, and confequently ought not to be impofcd as the faultlefs work of the Author of every good and perfect gift. The indefatigable Doctor has already difcovered many thoufand various readings in the Hebrew, and it will be lucky if he does not double the number of the Greek. Our claf- fical Diocefan candidly confeffes the various imper- fections, the corruptions, the perhaps wilful, miftakes" of copyifts, the additions and interpolations of the Hebrew text, in his excellent lectures, De facra Poefi Ilebrte- vrum, and in the judicious Differtation on Ifalah ; nor does he confine himfelf to that fublime prophet. The fame remarks are made on a great variety of paflages in almoft all the books of the Old Teftament. We ought not then to be called upon to fubfcribe every error of a copyifl, every interpolation of an ignorant writer, as the immediate infpiration of the Holy Ghoft. The idea of impofing this teft, Sir, the noble Lord, probably as a complaifant chancellor, has adopted from the petition of the Univerlity of Oxford. Their con- duct has been uniform, to abridge, on every occafion, as far as they could, both religious and civil liberty- The noble Lord is defervedly -at their head. Their lifter Univerfity has more liberal and enlarged fenti- ments. Cambridge refufed to petition againft a clear right ( 339 ) right of their brethren ; but Oxford perfeveres in the fatal maxims of arbitrary power in church and ftate. The Oxford decree of 1683 Hill remains un- repealed *. It is entered in perpetuam ret memoriam in the regiftry of the convocation, and publickly affixed in the halls, libraries, and refectories. It not only condemns every principle which can juftify the glo- rious Revolution , but even felf-prefervation, as a funda- mental law of nature, is declared to be a Propofttion falfe, feditious, and impious. In 1685, the Univeriity of Oxford acknowledged, in a folemrt recognition, James II. to be fovereign, 'without any reftriflions or li- mitations. No wonder, Sir, that from this poifoned fource have flowed the molt polluted ftreams. Uncon- ditional fubmijfion from our American brethren, is na- turally exacted by men who have been taught that a king of England is not a limited monarch, but a fo- * The Oxford Decree of 1683 ftill, indeed, remains unrcfsaled) but not unlumt by the common hangman. Extract from the " Journals of the Honfe of Lords, vol. XlX. page 122. Diejovis, 23 Martii, 1769. The Hoiife taking into confideration a judgement and decree of the Univerfity of Oxford, paffed in their Convocation, the one and twentieth of July one thoufand fix hundred and eighty-three, given in evidence by Doctor Henry Sacheverell at his trial, upon the impeachment of the HoUfe of Commons, and thereupon lately re- printed : It is refolved, by the Lords Spiritual and Temporal in Parliament af- fembled, That the faid judgement and decree contains in it feveral />/?/ /'c, contrary to the conftitutian of tbii kingdom, and dejiruflive to the Proteftant juccejflion, as by law eftabliftied. It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament affembled, that the faid judgement and decree, lately printed and publifhed in a book or pamphlet, intitnled, " An entire confutation of Mr. Haad/y's Book of the 0>igia*/if *' Government, taken from the London Gaxette, fuhlijhed by authority, L'>r.d>jn, * "printed in the ytar i?io," fliall be burnt by the hands of the common hangman, in the prefence of the Sheriffs of London and Middlefex, at the fame time and place, when and where the fermons of Doclor Henry Sacheverell are ordered to ba burnt. Totjic Sheriff* ot London and Middlefex. Z a vereign < 340 ) vereign -without any reftriftions or limitations. It is lucky for England that all our generals and admirals: were unable to enforce it in the new World. The Ox- ford petition on our table exprefsly complains, that the Bill does not provide that Minijlers and Schoolmajlers Jhall make any profejpon whatever of their belief in the fundamental doSrines of Chrijlianity, or even the authority of the Holy Scriptures, and prays, that the Bill may not be permitted to pafs into a law in the unlimited form it was at Jirft propofed. What the fundamental doftrines of Chriftianity are, and what is the canon of the Holy- Scriptures, the Univeriity left to their Chancellor *,. and bis majority in this Houfe to determine. The Aft of lad year in favour of the Roman Catholics extended to " Papifts, or perfons profeffing the Popifh reli- the Holy Scriptures impofed by that Act. The pre- fent Act is " for further relief of Proteftant diflenting, " minifters and fchoolmafters," and a teft is infifted upon for our Proteftant brethren. Whence this marked partiality and tendernefs to the Roman Catholics ? this ungenerous treatment of Proteftants ? Are the Ro- i_> man Catholics thought fo generally tories, and the Difienters whigs, that a political friendfhip at Oxford is formed with the firll, and an ill-diffembled rancour feems to prevail againft our Proteftant brethren ? A Bill fimilar to this pafTed the Irilh Parliament in 1719, a 'critical period, in which religious toleration was not fo well underftood as at prefent. The peace * L>rd North is Chancellor of the Umverfit-. of Oxford. < 341 ) of our neighbouring kingdom was not endangered by that relief given to a worthy body of men, nor in a courfe of lixty years has the leaft inconvenience been fuggefted for an attempt at its repeal. Here then is a forcible argument from fact, that all the imaginary mifchiefs fuggefted by gentlemen againft the Church of England, as being again in danger from the Bill, deferve no attention. This Bill can affect neither the .exiftence nor the profperity of the Church. It leaves ^11 archbiihopricks, bifhopricks, fat deanries, and gol- .den prebends, to their lucky pofleflbrs. It only fe- cures the DilTenters from perfecution. They do not afk for the fabrick of a fingle filver ihrine of Diana. They acquiefce under the State patent granted to others. Sir, I contend for the moft general and unlimited tole- ration, and I wiih the Bill ftill more extended, to take jn all fedts and all religions. An univerfal toleration might, in a good degree, anfwer the important pur- pofes of a general naturalization bill. It might recruit this unpeopled and impoyerilhed empire. After the' infinite drains of this American war, the prodigious wade of blood and treafure, and we are ftill bleeding at every vein, it might call under the mikt protection of our laws numberlefs inhabitants from every part of the world. It might pour frefh vigour into a weak and feeble nation, nearly exhaufted, and altnoft fink- ing under a variety of oppreflions. The vvifeft prince in Europe has found this theory confirmed by a long happy experience. The king of Pruffia has faid, le faux zelc eft un tyran qui depeuple les Provinces. La to- lerance eft une tcndre mere qui les rend for ffantes. Hol- land owes its rank among the firft ftates of Europe to Z 3 one ( 342 ) one finglc circumftance, civil and religious liberty flourifhing fo greatly in the United Provinces. By this fhe has rifen to an amazing height of power in the worfl climate, and under every natural difadvan- tage. In a commercial light let us be inftrufted by the wary Hollander, that the direct road to popula- tion and wealth, is entire fecurity, and freedom of private judgement, to every peaceable inhabitant. I have obferved in fome parts of Europe, that divine fer- vice to the fame Deity is performed in the fame church by the Roman Catholics in the morning, and the Pro- teftants in the evening, and that they live together in perfect harmony. Surely then, Sir, Proteflants of all denominations might be on equal terms of good-will and charity to each other. Peace on earth and good-will towards men } are the bed political maxims for fociety ; and if we go further, we are told that the tares fuould be fujfered to grow with the wheat till (he harveft. The progrefs of knowledge in almoft every nation has foftened the rigour of their Jaws refpefting reli- gious worfhip, or at leaft has, in a degree, fufpended their execution, Scotland alone excepted. Some have adopted a general principle of toleration. France has a Proteftant at the head of her finances *. The lad * There is a remarkable circumftance with refpeft to the prefent ftate of the Jews in France, related in the feeond volume of " Vo} ages en differens pays tie ' 1'Europeen 1774, 1775, &; 1776. A La Have 1777,'' page 387. " La leigneurie c'.e Picquigny, qui appartenoit auparavant au Due de Channes, et qni eft ime des plus conndeVables tcrres de la France par les prerogatives qui lui font attachees, par le nombre d'habitans qu'elle contient, par la quantite de paroilfes et de fjefs qui en relevent, appartient aftuellement a im Juif Allenand venn de Hollande, et le Sieur Gainer, qui ert cet heureux Hebreux, y exerce tons les draits qu'avoit exerce avant lui le Due de Chaunes : il con fere, a qui bon lui femble, les Cures qui en dependent, et il crce des Chanoines dans 1'Eglife Epif- 1 popale d'Aniiens, dout il eft Vicomte" 1 diet ( 343 ) diet of Sweden, by the unanimous confent of all the orders, granted a full toleration. Even the clergy preached it as found dodtrine no lefs of the Church than of the State. I hope a fpirit of wifdom will go- vern this Houfe, and make us embrace the prefent aufpicious moment of convincing all foreign nations, that this ifland will be the afylum of perfecuted re- ligion and virtue. Among our greateft glories let it be recorded, that every foreigner as well as native here, in full fecurity, enjoys all the natural rights of mankind, and the ineitimable privileges of civil and religious liberty, unclogged by penal tefts. This Bill, fuppofing it to pafs without the tefts, is laying a folid foundation, on which a fair fuperftrudture may be raifed, and therefore I give it my hearty fupport *, * In confequence of this Speech Mr. Wilkes was honoured with the following thanks from the general body of Pi-oteftant Diffentiug Miuifters. " By order of the general Body of^Proteftant Dilfenting Minifters,' affembled at " the Library, Red Crofs Street, the'.fecond inftant, Dr. Kippis, Dr. Stennet, Dr. " Harris, and Mr. Toller, wait on Mr. Wilkes, with the unanimous th nks of that " Body, for his kind attention to their Bill, and his generous and a&ive zeal in fup- " port of the caufe of religious liberty." The following card was left at at Mr. Wilkes's houfe in Prince's Court, Weft- minfter, oil the. 234 of June 1780, after the fuppreffion of the riots in the Me- tropolis. " Lord Petre, Sir Edward Swinburne, Mr. Stapleton, Mr. William Sheldon, (* and Mr. Homyhold, have been to wait xipon Mr. Wi|lt s, to thank him. for his *< fupport and protection," Z 4 VOTES ( 344 ) The Houfe being informed that jT. Matthews, prin- ter of the news-paper intituled " The Englifh Chro- *' nicle," (of which complaints were made to this Houfe upon the ift and 3d days of this inftant Decem- ber, for " groffly mifreprefenting afpeech, and reflecting " on the character, of a member of this Houfe, in *' breach of the privilege of this Houfe) had attended fe the committee of privileges, to whom the faid com- " plaints were referred, and had made fubmiffion to, " and afked pardon of, the faid member for the faid of- " fence.'* Lord George Gordon declared to the Houfe, that he was fatisfied, and forgave the printer. Mr. Wilku faid, Mr. Speaker, I am exceedingly happy to find the pleafing effects of that humanity, which is fo linking and beautiful a feature in the noble Lord's charadter, extended to the poor printer. To his many other chriflian virtues his Lordfliip has added that capital one of forgivenefs. I heartily approve and applaud fnch generous conduct. At the fame titTie will my noble friend permit me to fuggeft a hint, which, if attended to, may poffibly in fave this Houfe aad the committee of privileges much ( 345 ) much time and trouble ? The complaint has been of the mifreprefentation of a fpeech, and the remarks in confequence of that mifreprefentation. His Lordfhip brings this complaint before us, who are the party faid to be injured, that we may decide on the merits of our own caufe, and at our own option punifh the accufed, I think his Lordfhip fhould have fought a legal re- medy, and been fuperior to this partial, and evidently fufpicious, appeal. The courts of law are open, where redrefs may be reforted to for every injury of moment, which would be afcertained by a Jury of our country- men. His Lordfhip has with much patience and can- dour heard thefe fentiments from me in private. I de- precated from him this attack, as I deem it, on the li- berty of the prefs in a very tyrannical, unfair, and un- conflitutional manner. It has given much pleafure to the enemies of freedom, to a majority among us, whom his Lordfhip is not, I believe, anxious to pleafe. When the liberty of the prefs is invaded, it will be foon fol- lowed by an ufurpation on all our other rights. The prefs being once filenced, the firfl great barrier againft def- potifm is taken, and all oppofition to a wicked minif- ter, or arbitrary monarch, would be faint and languid, perhaps ineffectual. Upon all occalions, in every fta- tion of life, and at the rifk of what I hold mofl impor- tant, perfonal freedom, I will continue the ftrenuous defender of the liberty of the prefs, the bulwark of all our liberties. I beg pardon, Mr. Speaker, for this di- greflion. I was going to remark, that his Lordfhip's justification to the public would have come more full and fatisfactory by the publication of the genuine fpeech than by a complaint to this Houfe of mifrepre- fentation, or a profecution in a court of law. We have often ( 346 ) often been charmed within thefe walls with the manly fentiments, the honeft effulions of the heart, which characterife my noble friend's fpeeches. I therefore venture to fupplicate his Lordfhip to gratify the impa- tience of the public at large, as well as of his own con- ilituents, and the numerous and zealous fynods and prefbyteries of Scotland, with the permiffion of read- ing what you, Sir, and the Houfe heard with fb much pleafure. This will not only confute the wicked libel- lers of his Lordfhip (for Matthews is not the only one, they are legion), but remain a weighty obligation on the prefent age and pofterity. It will furnifh a clear de- monftration that in thefe times, and in this Houfe, we poilefs one noble fenator from the north, who has told minifters the boldeft and moft unwelcome truths, with- out the final left amendment hitherto in a fingle member of adminiilration. Page 84 of the VOTES. " A petition of the freeholders of the county of Mid- " dlefex was prefented to the Houfe, and read; fetting " forth, that your petitioners, in juftice to them and the " electors of Great Britain, &c. &c. &c." The petition is given at length in the Votes. After the petition had been read, Thomas Wood, Efq; one of the knights of the fhire for the county of Middlefex, moved, " that leave be given to bring in a bill to enable " members of the Houfe of Commons to be eligible " to ferve in Parliament for any other county, city, " borough, town, or place." Mr. ( 347 ) Mr. Wilkes faid, Mr. Speaker, The Houfe is at prefent fo thin, that I mall now content myfelf with little more than feconding the mo- tion. I referve to a future day the full difcuffion of the neceflity of this meafure, to which the late fhame- ful tranfaftions in this county, the wanton and arbi- trary abufe of power in the minifter, have given birth. I underftand that the bringing in the bill will not be oppofed. The proper feafon of debate will be the firft, or fecond, reading of the bill itfclf ; but I truflthat it will be generally approved. I hope gentlemen will freely give their fentiments on this great -conftitutional queftion, on the prefervation of our moil valuable fran- chife, and find a mode effectually to prevent fimilar flagrant abufes of the power of the crown. A perma- nent law mould be provided, in my opinion, for the fta ble fecurity of our rights and privileges, and a certain equal rule be eftablimed for vacating the feats of mem- bers chofen to reprefent the people in Parliament. We cannot be too much on our guard againft fuch an arbitrary interference of minifters. It introduces a control and fpirit of party fubverfive of the free- dom of ^election. It creates a power greatly liable to abufe, and unknown to the conftitution. There is, Sir, another part of the Petition which claims the moft ferious attention of the Houfe in the prefent critical moment. I mean an enquiry into the true caufe of thofe misfortunes which have reduced this pnce powerful and flourifhing empire to a ftate which words ( 34 ) words cannot defcribe, and of which hiltory affords no example. This calamitous fituation we all feel, and it calls for a fpeedy and thorough enquiry. To give the greater weight to the enquiry, as foon as the prefent motion is difpofed of, I fhall move for the call of the Houfe foon after the holidays. The motion of Mr. Wood parTed without oppofi- tion ; and Mr. Wood, Mr. Wilkes, Mr. Thomas Townf- hend, and Mr. Byng, were ordered to prepare and bring in the bill. Mr. Wilkes then moved, " That the further confideration of the faid petition " be adjourned till Thurfday the 3d day of February " next. " That this Houfe be called over upon Tuefday the t( firft day of February next. " That fuch members, as lhall not then attend, be " fent for in cuftody of the ferjeant at arms attending " this Houfe. " That Mr. Speaker do write circular letters to the " Sheriffs and ftewards of the feveral counties of Great " Britain, requiring the attendance of the members of " this Houfe upon Tuefday the firft day of February next." Page 86 of the VOTES. * f The Houfe was moved, that the refolution of this " Houfe, of the 26th day of November laft, 'That it tf is a high infringement of the liberties and privileges of ' the Commons of Great Britain, for any Lord of Par I: a- * ment, or any Lord Lieutenant of any county, to concern " themf elves ( 349 ) " tbemfehes in tie elections of members to fewe for tfa: ff Commons in Parliament," might be read. (C And the fame being read accordingly ; " The honourable Temple Luttrell moved, " That it is highly criminal in any minifter or mi* " nifters, or other fervants under the Crown of Great " Britain, diredtly or indiredtly, to ufe the powers of " office in the election of reprefentatives to ferve in " Parliament; and an attempt at fuch influence will at " all times be refented by this Houfe, .as aimed at it's " own honour, dignity, and independence, as an in- tc fringement of the deareft rights of every fubject " throughout the empire, and tending to fap the bafia * f this free and happy conftitution." Mr. mikes faid, Mr." Speaker, I rife to fecond the motion of my honourable frr-end, l>ecaub I think it is grounded in true conftituuonal principles, and expreffed with his ufual^learnefs and energy. It is not the refult of a fine-fpun theory, or curious fpeculation, on the nice balance of the dif- ferent powers of the conftitution, but grows out of fa&s^ rong fafts of a very recent date. 1 think it, Sir, my particular duty to fecond this motion, for I am in pof- feffion of proof that the prefent eleftion for Hampfhirc has produced feveral daring violations of the ftanding order of this Houfe refpe&ing the free eledions of the Commons. Very unconftitutional attacks were made in the late reign on the freedom of elediion in that county, although not then direftly from the Crown. At the prefent period the power of the crown is directly employed to z control ( 35 ) control the freedom of ele&ion in Hampfhire, and the rights of the Commons are invaded by the Lord Lieu- tenant of the county, the Duke of Cbandos. I will, Sir, with, your permiflion, read to the Houfe a letter from his grace, figned Cbandos, franked Chandos, fealed with die Ducal arms of Chandos, and dated from Cbandos- houfe. It is addreiled to a gentleman of fortune in Hampihire. "SIR, Chandos-Hoa/f, Nov. 23, 1779. Sir Richard Worfley having offered himfelf as a can- didate for the county of Southampton, in the room of the late Sir Simeon Stuart, I take the liberty to requeft ibe favour of your fuppcrt jor him ; and you will greatly add to the obligation, if yourfelf and friends can attend the county meeting whenever it is fixed by the fheriff, as a numerous appearance on that occafion will be the molt likely means of preferving the peace of the county. I am, Sir, Your faithful, and obedient fervant, CHANDOS." T beg the favour of you, Mr. Speaker, to direct the mode in which I may regularly bring before the Houfe this complaint againft the Duke of Chandos, a Lord of Parliament, and Lord Lieutenant of Hampfhire, whom 1 accufe of concerning bimfelf in the eleflion of a member tofervefor the Commons in Parliament, and confequently of a high infringement of the liberties and privileges of the Commons of Great Britain. The motion of the honourable Temple Luttrell palled without a diviilon. The Speaker then obferved, that the regular mode of proceeding was to refer the matter of the complaint I againft againft the Duke QfCbandos to the committee of privi- leges, to examine, and report, with their opinion there-* upon, to the Houfe. " Complaint being made to the Houfe [by Mn " Wipes'], that the Duke of Chandos, a peer of Parlia- " ment, and Lord Lieutenant of the county of South* " ampton, had figned a letter with his own hand, re- ff fpecting the enfuing election for the faid county, *' thereby concerning himfelf in the faid election, in " breach of the privilege of this Houfe, and in in- fc fringement of the liberties and privileges of the Com- " mons of Great Britain ; " Refolved, Nemine Contradicente, " That it be referred to the confideration of the committee of privileges, to examine the matter of the faid complaint, anld to report the fame, with their opinion thereupon, to the Houfe." ({ VOTES of December 17, 1779. Complaint being made to the Houfe [by Mr. that the Duke of Chandos, a peer of Parlia- " ment, and Lord Lieutenant of the county of South- " ampton, had figned feveral letters with his own hand, " refpefting the enfuing election for the faid county ; " which letters were directed to the reverend Mr. Tay- " lor, ( 35* ) * c lor, reftor of Crawley, Hants, dated December 64 " 1779 ; to the honourable and reverend Mr. St. An- " drew St. John, Somerdy, Fordingbridge, Hants, " dated December 6, 1779 ; to the reverend Mr. Toll, (e vicar of Kingfclere, Hants, dated December 6, 1 779 ; Church, Hants, dated No- < vember 23, 1779 ; and to Mr. William Woodward, " Winchefter, dated November 23, 1779; thereby " concerning himfelf in the faid election, in breach of " the privilege of this Houfe, and in infringement of sc the liberties and privileges of the Commons of Great " Britain ; " Ordered, 66 That it be referred to tne confideration of the " committee of privileges, to examine the matter of tc the faid complaint, and to report the fame, with theif " opinion thereupon, to the Houfe. " Ordered, " That it be an inftrucYion to the faid committee, " that they do fit upon Wednefday the 26th day of " January next, at twelve of the clock, and proceed " upon the feveral matters referred to their conlidera- " ticn." VOTE! ( 353 ) VOTES of January 28, 1780; Ordered, That the report from the committee of privileges^ touching the feveral complaints made to the Houfe- upon the loth and iyth days of December laft (that the Duke of Cbandos, a peer of Parliament, and Lord .Lieutenant of the county of Southampton, had figned feveral letters with his own hand, refpecting the then enfuing. election for the faid, county, thereby concern- ing himfelf in the faid election, in breach of the privi- lege of this Houfe, and in infringement of the liberties and privileges of the Commons of Great Britain) be re- ceived upon Wednefday morning next. From the Journals of I-eb. 2, 1780^ vol* XXXVII, page 557. Mr. Bacon, according to order, reported 'frorfi the committee of privileges, the matter, as it appeared to them, touching the feveral complaints made to the Houfe, upon the tenth and feventeenth days of De- cember, laft (that the Duke of Chandos, a peer of Par- liament, and Lord Lieutenant of the county of South- ampton, had figned feveral letters with his own hand fe- fpectmg the then enfuing election for the faid county.; thereby concerning himfelf in the faid election, id breach of the privilege of this Houfe, and in infringe- ment of the liberties and privileges of the Commons of A * Great ( 354 ) Great Britain) together with the refolutions of the committee thereupon ; and he read the report in his place ; and afterwards delivered it in at the clerk's table: where the fame was read, and is as followeth ; viz. To prove what is alledged in the faid complaints, the feven letters mentioned therein, were delivered in to your committee ; and five of them being {hewn to the perfons to whom they were addrefled (the other two not attending the committee) four of the faid per- fons faid they had received them by the poft, and the other perfon faid, he had received a letter to that pur- pefe ; but could not fay that was it, as it had been out of his cuftody, but he believed it was. The faid five letters were traced by your committee from the hands of the perfons to whom they were ad- drefled, into the hands of the member who delivered diem into your committee. Then Mr. William Lawlefs, being called before your com- mittee, and the feveral letters mentioned in the com- plaints being fhewn him, faid, that he wrote them all himfelf, and faw the Duke of Ckandos fign them; and that he had written 3 or 400 fuch letters, moil of which were ilgrsed in his prefence. Mr. Coklftm, infpector of the bye-days at the General Poft Office, being examined, faid, he had never feen the Duke write. Being fhewn the fupcrfcriptions of the letters, faid, he believed from the number he had feen, they were the Duke's hand-writing ; that he had pafied them as franked; and that when he taw any which he fufpcfted, he charged them. Then five of the faid letters were read, and. appeared to relate to the faid election. And the refolution of the Houfe, upon the 25th day of November laft, " That ( 355 ) ** That it is a high infringement of the liberties and " privileges of the Commons of Great Britain, for any " Lord of Parliament, or any Lord Lieutenant of any " county, to concern themfelves in the elections of " members to ferve for the Commons in Parliament,'* was alfo read. Upon the whole, your committee came to the fol- lowing refolutions : Refolved, That it appears to this committee, M\\at James Bridges, Duke of Chandos, a peer of Parliament, and Lord Lieu- tenant of the county of Southampton, has concerned him- ielf in the late election of a knight of the Ihire for the fa id county. Refolved> That it is the opinion of this committee, that James Bridges, Duke of Cbandos, a peer of Parliament, and Lord Lieutenant of the county of Southampton) has been guilty of a breach of the privilege of this Houfe, and an infringement of the liberties and privileges of the Com- mons of Great Britain. And a motion being made, and the queftion being propofed, that the faid report be taken into further consideration upon this day four months. The Houfe was moved, that the refolution of this Houfe, of the 26th day of November lafl, " That it is " a high infringement of the liberties and privileges of " the Commons of Great Britain, for any Lord of Par- 07 I Mr. Love/ Stanhope, j Tellers for the Noes -, I Sir Jofepb Mawbey. J So it was refolved in the affirmative- A motion was made by Daniel Parker Coke, member for Nottingham, feconded by Lord Lewifh- 3 ham, ( 357 ) ham, member for the county of Stafford, ind after va- rious amendments put by the Speaker in the following words, " That the thanks of this Houfe be given to " Sir Henry Clinton, knight of the mod honourable or- " der of the Bath, and commander in chief of his Ma- " jetty's forces in North America ; and t6 Vice- Admiral (< Arbuthnot, commander in chief of his Majeft's fleet " in North America; and to the right honourable Lieu- " tenant General Charles Earl Cornwallis - 9 for the emi- ",nent and very important fervices performed by them (( to his Majefty and this country, particularly by the " reduction of Charles -Town by the army and navy un- " der the command of Sir Henry Clinton and Vice-Ad- " miral Arbuthnot, and by the late moft glorious vic- " tory obtained by Lord Cornzva/lis at Camden." Very early in the debate Mr. Wllkes Mr. Speaker, I rife to exprefs my hope, that the honourable gen- tleman, who made this motion, will confent to its being withdrawn, becaufe I think it is impoffible that the united efforts of the noble * Lord in the blue ribband, and the feveral gentlemen, who have attempted it, ihould fucceed to render it palatable to both fides of the Houfe, and he has declared, that he had rather it JJjould bs withdrawn, than meet a Jingle negative. I think it, Sir, my duty to op.pofe this motion, as originally in- tended, of which the notice was given, refpefting only Lord Cornwallis as well as all the fubfequent amendments, becaufe in my idea every part of it conveys an appro- * Lord North, Chancellor of the Exchequer, and Member for Banbnry. A a 3 bation batiqn of the American war ; a war unfounded in prin- ciple, and fat in it's confequences to this country. I condemned it at the beginning, and have regularly op-* pofed it's progress in every ftage, both in and out of parliament. The eryinent and very important fervices lo his Maj_ejly and. this country, mentioned in the motion, I entirely difapprove, and confequently fhall withhold the poor pittance of my thanks and gratitude, where I do not think them merited, in a war of glaring injuf- tice and wretched policy. I do not mean, Sir, to dero- gate from the high heroic courage, and fuperior mili- tary virtues, of Lord Cornwallis. I admire the fplendor 9nd brilliancy of thofe qualities., which dazzle in my countryman as they did in Julius Csefar ; and I equally lament that they are called forth to aftion in the fame bad and mifchievous caufe, the attempt to overturn the liberties, of his country. The Roman too poffeffed, as the honourable gentleman fays of Lord Cornwallis, nice and delicate fentiments of Honour and valour. He was cer- tainly an accompliihed gentleman, perhaps the mod ac- eompliflied of any in the hiftory of mankind-, but he car- ried on a wicked war againft the conftitution of the free country in which he was born, and therefore lay under the ftrongeft obligation to fupport. In the fame light I confider the war now carrying on againft our brethren in North America; and if an arbitrary, but incapable, adminiftration had fucceeded in the plan of dragooning the colonifts into unconditional jubmijfion, I believe that the liberties of England would not long have furvived thofe of America ; and the vital principle of freedom, which now prevades and animates this ifland, except perhaps a few clans very far North, muft have been ex- Every friend of the Conftltution faw early . . * , . . .... i ( 359 ) in the fupport of the American cauie a vindication of the rights of Englifhmen againft an old exploded ufur- pation of the Stuarts, revived under the third prince of the Houfe of Brunfwick. Sir, I hope to be forgiven, if I repeat at the begin- ning of this new parliament the fentiments, which I more than once fubmitted to the laft, and even in the firft feffion of 1774. I am ftill convinced that the war with America originated in tyranny and ufurpation, in the unjuft attempt of taking money from the fub- jedl: in the colonies without his concurrence, in levying taxes on the people there againft their confent. This has ever been a favourite maxim of defpotifm. In oppofidon to this illegal claim the immortal Hampden ihed his blood. Such an attempt againft the funda- mental rights of the people fully warranted our virtu- ous and free ancestors to begin the civil war, which brought the tyrant Charles to the fcaffold* The Ame- rican caufe therefore, I mean the primary caufe of this deftn.ic~r.ive civil war, is the caufe of every Englifhman, who values our excellent conftitution; a conftitution for feveral years in a decline, but which has of late received many ftabs in its vital parts. This right of the peo- ple to withhold, or grant, their own money, this power pf the purfe, which includes that of the fword, alone fecures the exiftence of Parliament, our annual meeting within thefe walls. This marks the difference between the limited monarch of our ifland, in a mixed govern- ment, and the eaftern defpot, or the arbitrary fove- reigns of France and Spain. We then in a particular manner, with a fingular propriety, ought to ftand forth the guardians of this right to all the fubjecbs of this A a 4 The The Sentiments, Sir, on the "rights of our brethren |n the Colonies, which I have now the honour of de- Jivering here, I imbibed from Lord CcrnwaUis, who enforced them with great energy a few years ago in another Houfe of Parliament. His Lordfhip, in a fo- Jemn argument in the Houfe of Peers, in conjunction with four '* other refpedtable characters, flrenuoufly denied any right we had to tax the Americans, white they continued unreprefented in the Britiih Senate. It was in the debate on the motion for the commitment of the Declaratory Aft. His Lordfnip's opinion like- wife of the wifdam of the meafure, after condemning the theory, may be gathered from his words in the examination before this Houfe in May 1779, I never fazv a jlrongtr country, or one better calculated for the .defenfwe. Mr. Pitt in this Houfe, with a boldnefs of imagery and glow of colouring which his eloquence always gave, did juflice to the diftinguiiiied patriotifm of the band of the five illuftrlous heroes, as he named the fmall number of peers, who, on occafion of the pppofidon to the Declaratory Aft, approved themfelves the friends of freedom. He did not foreiee the ilaugh- ter of our fellow-fubjects in the fame caufe by one of that band of "illuflrious heroes at tbegloriomv'.ftory at Cam- den. If there is any change of fentiment on this impor- tant queftion in his Lordihip's mind, we have no parlia- mentary evidence on which it can be founded.' It can only be furmifedfrom his Lordfhip's eagerly foliciting a com- mand againfi the Americans at the rirft breaking out of a war, which originated from the unworthy purpofes of paffion and party, and fince, endeavouring by fire and * The Ea)-ls Poulet, O*7fc'/> and Shelburne, Vifcount Torrington, and terd Camden. fword^ fword, to enforce a taxation of the Colonies, although as a member of the legiflative body, he formerly did not heiitate to pronounce it equally impolitic and ini- quitous. If arguments of great and irrefiftible weight have been urged for fo total and wonderful a change, they are carefully concealed. The motives of convic- tion, or rather of this miraculous converhon, are eafier gueffed than with delicacy explained. As a Peer, his Lordihip fupports American freedom, and votes againft an ignominious badge of bondage on the Colonifls ; as an officer, the fame Earl folicits a command in Ame- rica, to enforce that injuilice of which he complains, and is active to rivet the chains of ilavery on the free- born inhabitants of the new world, and the defcend- ants of Englishmen. In fuch a caufe I will not give thanks to Genius and Courage united, but ill-directed, productive of no good, but infinite mifchief. I will never fail, Sir, to exprefs my concern and anguifti, when I fee great military talents thus triumph over, the fuperior civil virtues of the citizen, when I ob- ferve mere lawlefs force and violence receive the aid of valour and diflinguiihed ability to overturn a fa- irick of freedom and juftice, cemented by the beft lood of our anceftors. Such military glory is pur- lafed too dear. It is a kind of wretched anti-civic own, which muft difgrace the fanguinary brow of rvery unfeeling, unprincipled conqueror. A good tan will indignant turn his eyes from laurels and palms if victory ftained with the blood of deferving fellow- fubjects who have been facrificed to the fordid views, to :he luft of power, to the rage of a tyrannical adminiftra- :ion. The palm of confiftency at leaft, the honourable gentleman who made the motion will, at all events, ( 36* ) fcarcely think of offering to Lord Cornwallts. That will be worn, and I hope long with the applaufe of his grateful country, by another noble Earl *, who rofe fuperior to the falfe glory to be acquired from his pro- feffion, when called upon in an unjuftifiable caufe, who honourably preferred the line of duty to his coun- try and jts constitution, to the fame and renown of military atchievements, which his natural ardour panted after. Lord Cornwallis, Sir Henry Clinton, ami Admiral Arbutbnot, I will not confent to thank^ for \ confider them as having drawn their fwords again ft their innocent American fellow-fubjeds, and without provocation bathed them in their blood. The noble Lord -j- who fpoke laft fays, that our thank* would come with great propriety to Lord Corn- wallis, and the other two officers, becaufe the thanks of this Houfe were voted on the taking of Quebec, and the late fuccefs of the gallant Rodney. Does not the noble Lord obferve a ftriking difference in the three cafes ? The furrender of Quebec was, perhaps, the moft important and brilliant triumph over France of all the fplendid victories of the laft glorious war. It was the conqueft of the capital of the perfidious Gaul in the new world. Sir George Rodney's late defeat and capture of the Spanim men of war at that critical moment, merited the warmefl thanks, and moft ef- teemed rewards of his country. In both cafes we were deflroying the overgrown power of the houfe of Bour- bon, the inveterate, avowed enemy of this nation. I think with Hannibal, hoftem qui feyiet mibi er'it Car- . I hold that man to be the beft JLnglilh- * The Earl of Effinghatn. j- LoriTBea-uciiasi-jp, Member for Oxford, Cofferer of his Majefty's man * man, whofe efforts fliall be the boldeft, the moft fpirited and fuccefsf ul, againft France and Spain,efpecially againft: their naval power, which by the criminal negligence of our Minifters has rifen to fuch an alarming greatnefs. I will from my heart thank that man. I will vote to decree him every honour of the fenate and people. On the houfe of Bourbon fhould we call down all the thunder of the war. We ought, Sir, to blulh at the cruel ravaging and defolation of the country, and the mercilefs flaughter of the inhabitants of our Colonies, in a foolilh, angry quarrel, carefully fomented at laft to a bloody war, raifed on a bafelefs fabrick, which, perhaps, in the end, may fcarcely leave a wreck behind. Our Generals and Admirals have already totally ruined fome of the moft flourifhing parts of this convulfed empire, and deftroyed numberlefs induftrious, brave fellow-fubje&s, equally jntitled with themfelves to the protection of the laws, and executive power. Are thefe, Sir, the eminent and very important Jcrvices to his Majejly and this country, for which the honourable gentleman flattered himfelf with obtaining for our commanders the unanimous thanks of this Houfe, of the reprefentatives of the peo- ple of England ? It ha$ been faid, Sir, by the honourable gentleman who made this motion, that the Americans are now actually leagued with France and Spain againft this country. I do not doubt the exiftence of a triple league between America, Spain, and France ; but I know the provocation, and I have good reafon to believe the alliance is only defenfive and temporary. I do not allude to commercial treaties. France and Spain now appear to the wprld as auxiliaries to the United Stafej of Xortb America. The firft alliance with France was made made with great reluctance by America on the fptir bf the prefent neceffity. It was not thought of until in our domeftic quarrel we called in foreign forces to cut their throats, until the mercenary German, or rather Cappadocian, Princes fold their fubjects, like cattle, to an adminiftration expert in every fpecies of bribery and ruinous contract, until long after our negotiation for Ruffian troops to be fent to North America had been rejected in terms of contempt and horror. The late union between America and France is fo unna- tural, that I am fatisfied, whenever you offer, with fincerity and cordiality, honourable terms, accompa- nied with the fecurity America will expect, it will be diiTolved. Your conduct hitherto has drawn clofer every tie between them. If you improve the late inoft glorious victory at Camdcn> to bring about this necef- fary peace with America, then will be the moment to rejoice, to join in tbdnkf^iving for the falvation of Great Britain, as well as America. Sir, I will not thank for victories, which only tend to protract a deftrudtive war. I fhould rather have faid for fome tranfitory, clelulive gleams of fuccefs in this unjuft, and providentially unfortunate American ccnteft, this bcllumjine hojle, as fuch a flate of arms was defined by the ancients. Not a fmgle Frenchman or Spaniard in arms againft us fell at this mo ji glorious uittory at Camdcn y but Romans mifcent acies. Is it pro- bable, that this mo ft glorious rift ory \\i\\ lead to an ho- nourable peace ? If it does not, but is the caufe of continuing the war, I lhall deem it a public calamity. Peace, peace with America only can fave this finking Hate, and give us permanent profperity. We are al- ready nearly exhaufted, yet continue bleeding at every vein- ( 365 ) vein. Peace ought to be had on almoft any terms, for from the eftimates on our table, the expence of this war continued a few years longer, will bankrupt this nation, the population, commerce, and navigation of which are vifibly decreafmg. I coniider peace as of ab* folute neceffity for ourfelves, for the internal flate and independence of our own iftand, in the prefent criiis of horror and almoft defpair. I would fubfcribe to almoft any conditions to obtain it, becaufe I believe the North Americans would then readily quit an unnatural alliance, into which they have been driven by our more unnatural conduct. Neceffity brought forward ther- new idea, formed, iigned, and has hitherto obferved that ftrange treaty. America, detached from her pre- fent connections, and in a real union of interefts and ftrength with Great Britain, is more than a match for the confederate houfe of Bourbon. In fuch a fituation the Family Compaft would not dare to be avowed. The laft war gives us the proof in point. We had then an able and enterpriling Minifter, in full pofleflion of the moll active genius and vigour of mind, feconded by the whole ftrength of the Britifh nation and America. What is our prefent profpecl: ? America is at this moment thrown into the fcale of the houfe of Bourbon* Muft it not then weigh us down ? It furely, Sir, be- comes Minifters to lay afide all paffions and prejudices, and endeavour to heal this unhappy breach between two powerful friends, when every conceffion to Ame- rica, either as a fubject, or an ally, may win her to us, reftore the balance of power in our favour, and compenfate the lofs of all our other allies. The independence, Sir, of the Colonies has been fre- quently mentioned in this debate, but with a poiitive decla- ( 366 ) declaration, that it is a point never to be conceded. Whe- ther it is granted, or not, by a Britilh Parliament, de jure, feems to me of little moment and avail. It is mere- ly an amufmg, curious theme of fpeculation among a fet of idle, liftlefs, loitering, lounging, ill-informed gen- tlemen at Weflminfter, who remark the diforders of the flate, to combat which they poffefs not vigour of mind or virtue. A country, much larger than ouf European empire, which we flill love to call our co- lonies, does, and will, poflefs it de fafto, notwith- ftanding all the prefent delufive aflurances of Minifters within thefe walls, notwithftanding the late exploits of a Cornwallis and Clinton, notwithftanding all the former repeated victories of Gage and the Howes. It is in this ifland only that perfons are found, who doubt that the prefent war will end in the acknow- ledging of American independence. The hiftory of this war warrants me, Sir, in the fufpicion that all thefe boafted fucceffes do not tend to any real emolument to our country, to bring nearer the wifhed-for moment of a re-union, and fmcere re- conciliation with our alienated brethren in the Colo- nies. After the evacuation of Bofton, Rhode Ifland, and Philadelphia, for the acquifition of which no thanks, I believe, were given by this Houfe, a fmall degree of fagacity might lead any man to fufpedt that the reduction of Charles-Town, by the army and navy under the command of Sir Henry Clinton, and Vice Ad- miral Arbuthnol, and the late moft glorious t v'ilory ob- tained by Lord Cornwallis at Camden, will, in due time, be followed by the evacuation of Charles-Town, and the two Carolinas. A future Gazette will probably an-> nounce it, to fcreen the Generals, in the fame terms 4 as ( 3*7 ) as with refpet to Philadelphia, and with as much cold indifference as any play or farce at either of our theatres, by bis Majefty's command. Sir, I can never feparate in my mind the rotten foundation on which the whole fyftem of the Ame- rican war is built, from fome fpecious parts of it, by which the unthinking are at the firft view allured and dazzled. As I reprobate the want of principle in its origin, I the more lament' all the fpirited exertions of valour, and the wifdom of conduct, which in a good caufe I Ihould warmly applaud. Thinking as I do, I fee more matter of grief than of triumph, of bewailing than thankfgi-ving, in this civil conteft, and the deluge of blood, which has overflowed America. Would to God, Sir, we could leave perfecuting, even to death, thofe of our own blood, who only defired to be re- ceived as friends and fellow-fubjects, to ihare our fortunes, to fight our battles, as before, by our fide, and to enjoy at home peace, liberty, and fafety I Public thanks from this Houfe on the prefent occafion will only widen the breach, and demonftrate how far we are behind other nations in the knowledge of true po- licy. The wifeft and moft poliihcd nations of anti- quity drew a thick, dark veil over the horror of civil commotion and bloodihed. I will admit .for a mo- ment, merely for the argument, that all, which has been urged by the Noble Lord in the blue ribband, and the gentlemen on the other fide of the Houfe, is well founded, that the American war originated in juf- tice and policy, and that the Colonies have rebelled : ftill I object to every motion like the prefent, becaufe I wifti to hide the nation's fear, and to forget all deeds of valour, not againft the common enemy, but our feU IOVY- Iow-fubje6rs, whom I defire to fave and conciliate* The Romans, undoubtedly the firft people in the univerfe, granted no triumphs for the victories of their Generals in civil wars. They wished not to record and perpetuate, but to conceal and deliver to oblivion, the memory of Romans falling by the fwords of Ro- mans. They thought it the direfl effect of the ven- geance of the incenfed Gods. That example of en- lightened policy will, I truft, be adopted by the ho- nourable gentleman who made the motion, I am fure, that no man feels more than he does for the prefent calamities of both countries in this cruel, civil conteft. I know the humanity and tendernefs of his nature, and thought it rather furpriling that he fhould chufe to bring himfelf into the unpleafing, awkward iituation of Burrus in Tacitus, et mcerens Eurrus ac laud am. Such a conflict of different pamons is highly diftreffing. I will endeavour to extricate him by the moft earner! fuppligation, that he would ivithdraw a motion, from every part of which I find it my duty to diffent, while I deeply lament that the, luftre of fuch fplendid victories is obfcured and dark- ened by the want of a good caufe, without which no war, in the eye of truth and reafon, before God or man, can be juflified. Extract from the London Courant, Morning Chro- nicle, and other Newspapers. At a Meeting of the Weftminfter Committee of Affbciation* King's Arms Tavern, Palace Yard, Nov. 30,1780. Refolved, That the Thanks of this Committee be given to Mr. Wilkes, and fuch other friends to public liberty as joined itt ( 369 ) iii oppofmg the Vote of Thanks to General Clinton and Lord Cornwallis, upon Monday laft, on the ground that fuccefs in the American war would be the ruin of the liberties both of America and England. C. J. Foxy Chairman* VOTES of April 5, 1781. A motion was made, and the queftlon put, That the refolution of this Houfe, of the iyth of February, 1769, " That Jobn Wilkes, Efquire, having been, in " this Seffion of Parliament, expelled this Houfe, was " and is incapable of being elefted a Member to ferve " in this prefent Parliament," be expunged from the Journals of this Houfe, as being fubverlive of the rights of the whole body of electors of this kingdom : Mr. Wilkes faid, Mr. Speaker, I do not rife to put the patience of the Houfe to the fevere trial of hearing from me a long and tedious recapitulation of all the arguments which I have fub- mitted to the candour of gentlemen for feveral years, in the great caufe of the rights of the electors of Middle- fex in 1769. I am truly grateful for the indulgence, which I have fo often experienced. It would be a very ill return indeed in me to weary the patient ear of the Houfe with the more than thrice-told tale of the B b injufticc injultice done a private gentleman, the infult offered to a moft refpectable body of freeholders, and the out- rages committed againft all the electors in the king- dom. I find no difficulty in freely confeffing, that even on a fubject in itfelf fo animating, to me fo pe- culiarly interefting, I have not a new idea to prefent to your conhderation. I might even doubt whether there is a fingle cafe relative to the whole buimefs, which has not been brought to public view, and fcrupuloufly examined. No frefh matter has arifen from the trial of the various petitions, which many different com- mittees of election have gone through and reported upon to the Houfe in the prefent Seffion. Almoft every man in the kingdom has been informed and convinced of the goodnefs of a caufe, which deeply interefts the deareft rights of the people, and every friend of the con- ftitution has been alarmed at the fatal precedent, which to our difgrace flill remains on the Journals of this Houfe. If, however, any objection, which has not been already made and fully anfwered, can be now ftarted in this much-agitated queftion, I claim the indulgence always given to the firft mover of referving myfelf for the reply. It is true, Sir, that we are now in a new Parlia- ment, with feveral new members among us ; yet, I am inclined to think, there is not a fingle .gentleman in the Houfe, to whom any thing new on this quef- tion can be offered. Perhaps there is not any im- portant conftitutional point, on which more has been laid, written, and pubiifhed. The noble Lord * with the blue ribband, has made us all perfect in arithmetic, and accuftomed us to the * Loi J North, Chancellor of the Exchequer. cal- C 37 1 ) Calculation of many millions, which he has raifed ori a diffrefled and impoverished people. We are be- lides fo lately come from cafting up our profits, or what is called without doors the wages of corruption, from the late fcandalous loan, that I fuppofe it muft now be a clear proportion in the Houfe, that 1143 is more than 296. I might then venture to draw the corollary, that fuch a majority of legal votes had given a feat in Parliament to the reprefentative of the freeholders of Middlefex, although their rights, with thofe of the people at large, were facrificed by a bought majority of Borough Members in a former Houfe of Commons. It is, Mr. Speaker, a very pleafmg confideration ta me, and I truft, a good omen, that a queflion of this magnitude will be decided under your happy aufpices. The noble Lord * who moved to call you to the chair, Sir, was warm in his commendation of you, from your perfect knowledge of the conftitution, your zeal for the fupport of it, your regard for the laws of the land and the law of Parliament, and above all your attachment to the rights of the people. No particular mention, indeed, was made of the fpirited fupport which you, Sir, as a private Member of the Houfe of Commons, through a courfe of many years, gave to the very motion in my hand, but it was perfectly un- derftood, and the noble Secretary himfelf had always voted with us in that queflion for the people. The prefent majority mud certainly have intended your ele- vation to the chair as the reward of your confident pa- triotic conduct in the conftitutional caufe of the free- holders of Middlefex, a conduct ft ill remembered by them with affection and gratitude. I Ihould, there- * Lord George Germaine, Secretary of State for the American Department, B b 2 fore, ( 37 ) fore, believing in the fleadinefs of the minority, hope for unanimity on this momentous occafion, and that I lhall very foon congratulate you, Mr. Speaker, on the pe- culiar pleafure you will feel in declaring from the Chair, that this favourite motion of yours has met with the univerfal concurrence of every gentleman on both fides of the Houfe. With extreme fatisfadion I remark, that every day fince you have prelided among us has afforded a frefh proof of your meriting the noble Lord's encomium, by an upright and impartial line of con- duct, in defiance of influence of every kind, by fup- porting the rights of our conftituents, and the rnoft tender regard to every petition of the people. But while I am feebly endeavouring, Sir, to do juflice to that merit, which is too confpicuous to want, and too fuperior to any praife I can give, I am delaying your enjoyment of the heart-felt pleafure you cannot fail of receiving this day, and therefore I {hall, in compli- ance with our forms, only defire the clerk to read the refolution of the iyth of February 1769, and then move, " That the refolution of this Houfe of the " 1 7th of February 1769, That John Wilkes, Efquire, " having been in this Sejficn of 'Parliament expelled this " Houfe, was and is incapable of being eletted a Member " toferve in this prefent Parliament, be expunged from " the Journals of this Houfe, as being fubverfive of " the rights of the whole body of electors of this " kingdom*" VOTES ( 373 ) VOTES of May 3, 1782. The Houfc was moved, that the entry in the Journal of the Houfe, of the lyth day of February, 1769, of the refolution, " that John Wilkes, Efquire, having been " in this Seflion of Parliament expelled this Houfe, " was and is incapable of being elected a member to " ferve in this preient Parliament," might be read. And the fame being read accordingly ; Refolved, That the faid refolution be expunged from the Jour- nals of this Houfe, as being fubverfive of the rights of the whole body of electors of this kingdom. And the fame was expunged, by the clerk, at the ta- ble, accordingly. Ordered, That all the declarations, orders, and refolutions, of this Houfe, refpecting the election of John W~dkes> Efquire, for the county of Mtdalefex, as a void election, the due and legal election of Henry Lawes Luttrell, Efquire, into Parliament for the faid county, and the incapacity of John Wilkes 3 Efquire, to be elected a mem- ber to ferve in the faid Parliament, be expunged from, the Journals of this Houfe, as being fubverfive of the rights of the. whole body of electors of this kingdom. B b 3 And ( 374 ) . And the fame were expunged, by the clerk at the table, accordingly. Mr. Wilkes faid, Mr. Speaker, I think myfelf peculiarly happy at the prefent mo- ment, that I have the honour of fubmitting to the Houfe an important national queilion refpecting the rights of election, when the friends and favourites of the people enjoy, with the fmiles of our Sovereign, the offices of truft and power in the Hate, accompanied with that fair influence, which is neceflarily created by great ability, perfect integrity, the pureft political vir- tue, and the remembrance of their former upright con- duct in the caufe of the people. If the people of Eng- land, Sir, have at any period explicitly and fully de- clared an opinion reflecting a momentous conititu- tional queilion, it has been in regard to the Middlefex, election in 1768, and the fubfequent molt profligate proceedings of an adminiftration, ho (tile by fyfiem to the rights of. this country, and every part of the Britifh empire. An inftance cannot be found in our hiftory of a more general concurrence of fentiment among the Freeholders of England, and they were joined by almost every borough and corporation in the fouthern part of the ifland. I am fatisfied therefore that I now fhall find the real friends of the people determined and zea.- lous in the fupport of their juft claims and undoubted privileges. Hitherto, Sir, every attempt for the recovery of this invaluable franchife has been rendered fruidefs by the I arts ( 375 ) arts and machinations of power in the hands of wicked men; and I may with truth aflert, that the body of the people long addreffed, petitioned, and remonftrated with manly firmnefs and perfeverance, but without the lead effect, or even impreffion. The full redrefs de- manded by this injured nation feems referved to diftin- guiih the prefent propitious sera of public liberty among the early and blooming honours of an adminif- tration, which poffeffes the confidence, and daily con- ciliates the affections, of a brave and fenfible people. Their voice was never heard in a more clear and dif- tinct manner than on this point of the firft magnitude for all the "electors of the kingdom, and I truft will now be heard favourably. The general refentment and indignation ran fo high againft the Houfe of Com- mons, which committed the outrage, that their imme-r diate diffolution became the prayer of -numberlefs peti- tions to the throne. No man fcrupled to declare them unworthy to exift in their political capacity. The public pronounced them guilty of facrificing and be- traying the rights, which they were called upon by every tie pf juftice and duty to defend. The noble fpirit of the freeholders of Middlefex, prefevering in the beft of caufes, undaunted by all the menaces of power, was the fubject of the rnoft general applaufe and admi- ration. The voice of the people was then in the harm and lharp tone of paffion and anger againft mi- nilters. It will, I am perfuaded, foon be in the foft and pleafmg accents of joy and thankfulnefs to our der Jiverers. It is fcarcely poffible. Sir, to ftate a queftion in which the people of this free country are more materially in- terefted than in the right of election, for it is the fhare, B b 4 which V ( 3/6 ) which they have referved to thcmfelves in the legifla- ture. When it was wrefted from them by violence, the conftitution was torn up by the roots. I have now the happinefs of feeing the Treafury Bench filled with the friends of the Conftitution, the guardians and lovers of liberty, who have been unwearied and uniform in the defence of all our rights, and in particular of this in- valuable franchife. I hail the prefent aufpicious mo- ment, and with impatience expect the completion of what I have long and fervently deilred for my friends and country, for the prefent age, and a free pofterity. The former conduct of thofe now in power affords me the moft fanguine hopes of this day feeing juftice done to a people, to whom they have fo frequently appealed, who now look up to them with ardent expectation, with pleafure and efteem. Confiilency, Sir, has drawn the right line of their political conduct to this period. It will now point out the fame path of public virtue and honour. May I be indulged in a hint, which I mean to extend much beyond the bufmefs of the day, when I fay that confiftency will be attended with that {lability and perfect fecurity which are the objects of every good man's wiihes for them ? They have given us a fair earned of their reverence for the Conftitution by their fupport of two bills, elfentially neceilary to reftore the purity and independency of Parliament ; I mean, the Bill fir preventing ccntrafton fitting in tbe Houfe of Commons, and the Bill for disabling officers of the Revenue from voting at eleffions Mr. Wilkes was here interrupted by a meffage by Sir Francis Molynettx^ gentleman ulher of the Black Rod, defiring the immediate attendance of the Houfe of Com- mons in the Houfe of Lords. ( 377 ) The Speaker then went up to the Houfe of Peers : and after his return and report ef what had parTed ; Mr. Wilkes faid, Mr. Speaker, I return my thanks to the Black Rod for fo luckily in- terpofing in favour of this Houfe, when I might poffi- bly have again tired them with the important, however ftale, cafe of the Middlefex eleftion, which their patient ear has for feveral years with much good-nature fuf- fered. 1 will now make fome return to their indul- gence, in profiting by the circumftance of this happy interruption, and not faying a iingle word about Walpole or Wollajlon, Coke or Blackjlone. I will not detain the Houfe longer than by obferving the parliamentary form of defiring the clerk to read the refolution of the i yth of February, 1769, which I fhall then move to be ex- punged from the Journals of this Houfe, as being fubver- Jive of the rights of the whole body of elettors of this king- dom, and afterwards propofe the necefiary Orders. VOTES of December 8, 1783. w A motion was made by the right honourable Charles James Fox, member for Weftminfler, Secre- tary of State for foreign affairs, and feconded by the right honourable Lord North, member for Banbury, ** Secretary * ( Secretary of State for the home department, that the << order of the day for the third reading of the Biti " (now engroffed) for vejling the affairs of the Eaft-ln- " dia Company in the hands of certain Commijfioners for f( the benefit of the proprietors (ind the public, be now " read," Mr. Wtlkes faid, Mr. Speaker, I rife with the deepeft anxiety to endeavour to pre-? vent the further progrefs of this 5/77, becaufe in my opinion it deftroys the ancient, eftablimed forms of all parliamentary proceedings in this Houfe, violates the national faith, fubverts every principle of juflice and equity, and gives a mortal flab to this free conftitu- tion. Sir, the forms of proceeding in this Houfe were wifely eftablifhed by our anceftors, after the moft ma- ture . deliberation, as a guard againft furprize by any minifters, and to give our conftituents timely informa- tion of what was doing in Parliament, that the collected wifdom of the nation might be appealed to and known on every occalion of moment. This accounts for the flownefs of our proceedings compared with the mode of paffing bills in the other Houfe of Parliament. Their Lord (hips have no conftituents, whom it is a duty to confult. In the progrefs of this Bill, the invariable rules and orders of the Houfe have been fet alide with- out the leaft fhadow of neceflity, almoft without the flighted pretence; and the Bill continues to be hurried on with indecent hafte. When the right honourable Secretary moved for leave to bring in a Bill for the- bet- tec ( 379 ) ter regulation of the Eaft-India Company, he flated- the defperate condition of the Company's finances as the fole ground on which he flood. He reprefented it as a cafe of abfolute and immediate neceffity for the interpo- fition of the Legislature. He expreffiy difclaimed every other motive, although he invidioufly went at large into every fuppofed delinquency of Mr. Haft- ings *, and almoft every other fervant of the Com- pany, for many years. He did not indeed in terms af- fert that the Company were in a flate of bankruptcy ; but he declared that they owed five millions more than they were able to pay, and went into a variety of accounts * Warren Haftlxgs, Efq. the moft confummate politician of this age, who made the various, complicated, and difcordant interefts of the many Princes and States of India tend to one common centre, the advantage and profperity of his country. While the Britifh empire was mouldering away in America and Europe, while our Generals and Armies were laying down their arms, and becoming prifoners of war, he not only preferved our Afiatic territories, but conquered every French and Dutch fettlement upon the continent of Uindnflan, except Cuddahre, which was befieged, with Buffy's army, at the time of the laft peace. Lord North, in the Houfe of Commons, frequently dwelt on Mr. Haftiogs 9 vigour and abilities ; but, to gratify the rancour of fome members of the Coalition, his Lordfhip never once mentioned that fpotlefs integrity and tender humanity, which are ftriking and beau- tiful features in that gentleman's character. On his return to Europe, after having been more than thirty-three years in confiderable offices, and more than twelve Go-vert.orrGtntrai of Bengal, he received the unanimout thanks of his conftituents, the Eaft India Company, for his important, faithful, and fuccefsful fervices; and indeed to him the Cii[>,ti>y owed its exiftence. By the nation at large lie was honoured with general and high applaufe ; but the fame envious faclion which recalled the brave Rod- ney in the moment of victory, dared not only to calumniate, but to treat the fortunate Hafiingi, as a delinquent of the firft clafs, and to purfue him with unexampled vi- rulence. He muft certainly have been wearied with wading through the v.:ft, heterogeneous mafs of crude and indigefted materials, which, under the name of charges, were exhibited againft him in the Houfe of Cortlmoas,JJand the many folio pages of the trifling, inconclufive, and inconfiftent evidence taken before the Com- mittee. The calm and ferene philofophy of his mind however, an happy temper, and confcious virtue, kept him from being ruffled a fingle moment. He pitied the extravagance' and madnefs of party and faction, and looked forwards to the day of juftice, if not of gratitude, from usj and of full approbation from an impartial pof- Cerify. without ( 38 ) without any attempt at the fmalleft proof of what he advanced, or calling for a fingle paper, in ib great a variety of matter. He pledged himfelf for the moil fcrupulous accuracy, yet in the very moment forgot to give the Company credit for an immenfe floating pro- perty, for all their {lores, goods and merchandizes in the warehoufes at Calcutta, Bencoolen, Bombay, Fort St. George, and other factories in the Eaft. An omif- fion of this importance could not proceed from igno- rance, where infinite pains were taken to examine into the rnofl minute particulars, nor from carelefsnefs, where no trace of a heedlefs inattention, or forgetful- nefs, was ever obferved. It argued a total want of good fait b, a deliberate refolution of taking the Houfc by furprize ; and it fucceeded with a weary, puzzled, and embarrafled audience. Leave was given to bring in the Bill. Sir, I not only complain of an omiffion of this mag- nitude on the credit fide of this pretended account of the Eaft-India Company's affairs, but likewife of the fuppreffion of fome interefting fadls, which ought to have been brought forward, and placed in a ftrong and full light. It appears by the printed accounts of the " general flate of the affairs of the Eail-India Com- " pany," publilhed by order of the general court, that the arrivals have been put fo much out of their ordinary courfe^ tliat only thirteen Jhips arrived in the feafon 1782, and e truer* in the feafon 1783, while forty -five are left to arrive in 1784, be/ides ten more, which are now abroad, and will be kept in India, fo as to arri-ve in 1785, at the fame time with moft ofthofe now under dif patch from hence* Was it, Sir, confident with candour, cr even juftice, to fupprefs fads of this moment, in a long and la- boured ( 38' ) boured inveftigation of every circumftance refpecYmg the firft commercial company in the world ? The rea- fon however is glaring. The property, which thefe ihips will bring home, cannot fail of placing the finan- ces of the Company on as folid a foundation as the moft interefted proprietor could vviili, or the moft avari- cious and grafping mmifter defire ; but alas ! it is a diftant day, and the moment is preffing, big with rhe fate of minifters. Needy dependents grow importu- nate and clamorous, as being ufed not to give but to fake credit. Prefent plunder is preferred to future golden dreams of all the treafures of the Eaft, and with confum- mate prudence, amid all the chances and changes of this political minifterial life. It was artful to keep back, and out of light, the refources of the Company, and enlarge only on their prefent difficulties, which were brought on by the late war, and the reftraints laid by Parlia- ment itfelf on their power of extricating themfelves by extending their credit in the circulation of bonds to a moderate amount. The unfairnefs of the whole pro- ceeding muft ftrike every man. A noble Lord * near me, with an honeft zeal, has called the Bill an infamous Bill. No epithet can in my opinion reach the enormity of its guilt ; and therefore I fhall content myfelf with calling it a fwindling Bill; drawn and prefented by the right honourable Secretary to obtain money on falfe pretences. A lawyer -f- on the floor, who fpoke laft, has told us, that the Company are actually bankrupts, becaufe they have not paid their debts, nor can they at prefent. Is then every man, who does not, or cannot, at a parti- * Lord Mahon, Member for Chipping Wycombe. f John Nichols, Ef(j$ Member for Bletchuiglejr. cular ( 38* ) time, pay every legal demand, a bankrupt ? Has the worthy member no more tendernefs and delicacy .for the characters of fo many illuftrious perfons all around him ? I refpedt the honour of the majority here too highly to (after them to be called bankrupts. Such an affertion mall not go forth to the world uncontrad idled. Is the learned gentleman yet to be taught the dif- ference between bankruptcy and infohency ? The right honourable Secretary was more cautious. He did not pronounce the Company bankrupt. He only endeavoured to make them out infohent at prefent to the amount of five millions, with little chance of a future day of payment without his generous affiftance. The fame lawyer allures us, that the prefent Bill is neither a Bill of confiscation, nor disfranchifement. He will excufe me for flating to the Houfe my reafons for believing it b otb* What is the idea of conff cation ? Is it not the feizing by violence the property of one in- dividual, and transferring it to another ? It is impof- fible for this to take effedt in a fuller and clearer man- ner than is directed by the Eajl India Bill. I defy any lawyer to ihew me an ad of confifcation more forcibly and explicitly drawn. The words of the fourth claufe of this Bill are, The directors, of the faid united company, and all other officers and ?ninijlers, and fervants thereof, are hereby enjoined ', immediately upon the requijition of the faid commijfioners, fignified under their hands and feals, to de- liver up to them [the new commifiioners], or to fuch perfon or perfons as they fliall for that purpofe appoint, all fuch lands, tenements, houfes, ivarehoufes, buildings , books, records, documents, charters, aRs, inftrumcnts, papers, faips, vcffels, .goods, wares, and merchandizes? money, fecurities for money, and all other efecJs what- foever t pever. Imagination is at a lofs even to guefs at the mofl infignificant trifle, which has here efcaped the harpy claws of the hungry and ravenous Coalition. One idea, indeed, generally precedes the word confifcation, and that is a prefumption of guilt. In the preient inftance no crime whatever has been alledged. The argument of the right honourable Secretary for the Bill was only the actual po- verty and defperate condition of the Company ; but the real motive we all know is the certainty of the prefent fpoils, with future accruing wealth, and imtnenfe pa- tronage, to enrich an Indian heptarchy of his creation, and, through his tame viceroys, the Trinculo viceroy of Afia. In the Bill, Sir, as drawn and prefented to the Houfe by the right honourable Secretary, there is no claufe inferted of any truft created for the benefit of the proprietors. In the Committee, indeed, the words have been added, in truft for, and for the benefit of the proprietors ; but, in cafe of the grofleft abufe of truft, to whom is the appeal ? To the proprietors ? No, Sir, they are to have no further concern with their own property. Is it not then confifcated ? The appeal is to a majority in either Houfe of Parliament, which the moft drivelling Minifter could not fail to fecure with a patronage of above two millions fterling given him by this very Bill. Sir, the Bill is likewife faid not to be a Bill of dlsfran- chifement, becaufe it does not take from the proprietors their right to an exclufive trade, or monopoly. Was this monopoly the only franchife of the proprietors ? There is property in this kingdom to which ^franchife is annexed. The franc bife may be taken away, yet the property remain. To a freehold, for inftance, is an- nexed ( 3*4 ) nexed a right of voting for members of Parliament. We have feen that franchife taken away, and yet the freehold remained untouched ; but the fpirited free- holder of Middlefex, and the nation at large, loudly and juftly complained of the disfrancbifement. The cafe is parallel as to Eajl- India Jhck. Perfons poflerTed ofjtock to a certain amount are entitled to vote for the appointment of their own fervants both at-home and abroad, to manage their own property, in which they are clear-fighted enough, and to direct and fuperintend all their commercial concerns, with a general power of controul. This furely is a moft valuable franchife. It was underftood to be purchafed with the flock. The purchafe-money was more confiderable from this in- triniic value, which it was fuppofed to poffefs. This franchife is to be taken away by the Bill, and yet one gentleman among us can affcrt that the Eajl-lndia pro- prietors will not be disfranchifed. God forbid the peo- ple of England Ihould have many fuch defenders of their francbifes and liberties in a Houfe of Commons 1 If the Houfe, Sir, will attend to what has palled lince the introduction of this Bill among us, they will fee that if we mean to preferve our ancient parliamen- tary forms of proceeding, we cannot fuffer the farther progrefs of fuch a Bill. When leave was moved for its introduction, the right honourable Secretary, as the fole motive of his conduct, gave an alarming account of the defperate flate of the finances of the Company. He painted in the darkeft colours the flate of their debts and incumbrances, which he made amount to feveral millions. A worthy member of this Houfe *, a Director of the Eaft India Company, flatly contra- * Samuel Smith, Ef Such a conduct marked the partial and feeble hand of the law at koine ; for furely, Sir, fuch crimes called for tevertty againft the daring perpetrators, as well as to deter future delinquents. They may from this le- nity learn with perfect fafety, and immenfe profit, to perpetrate the trifling crimes of mutiny, rebellion, and murder, dHgorging only a fmall portion of their ill- gotten wealth. I have no objection, I confefs, to retraining the Eaft-India Company to the primary object of thdr Char- ter, to their original vietos of commerce, with a pro- per power over their own fervants. I little relifh the idea of a few merchants governing, as fovereigns, the three powerful Hates of Bengal. Bahar, and Orifla. It is inconliftent with political order, and the fubordi- nation of Britiih fubjects. The Jefuits were juftly ex- pelled from almoft every government in the old and new world, not from a fyftem of filly tenets, which not one in an hundred of them believed or cared about^ but from their attempting to eftablifh the imperium in imperio, which no ftate ever fuftered with impunity. I venerate the wife maxim of a commercial policy, that, while it is adding to the national wealth, forms an invincible bulwark by the flrength of a powerful navy ; but I deteft a fcandalous, heterogeneous traffic of war and trade, plunder and commerce, peculation and murder, extortion, rapine, and corruption. The na- tional character has been loft in Hindoftan. Provinces and kingdoms have been bought and fold by the Afiatic Generals and Governors of the Company, againfl the ftrongefl orders of the Directors and Proprietors, and ( 3*9 ) and the lives of fome of the moil harmlefs princes, who have ever reigned, fet to fale. The mifchief foon gains Europe ; and we experience at home all the calamities, which Rome fuffered in the declenfion of her empire, and from the fame quarter, from the Eafl. We are ruined by the luxury and venality of our own wretched, defpicable offspring, and all the vices of the Eaft, which they propagate here too fuccefsfully, when they return to purchaie protection and indemnity for their crimes, or a feat in this Houfe for fale to a corrupt Minifter. I therefore, Sir, highly approve a Bill for the government of the territorial poilcliions and reve- nues of India, which ought to depend on the flate, but the regulation of all commercial concerns I fhall ever think ought to reft with the Proprietors and Direc- tors. This is their province ; and to this they are as com- petent as they are inadequate to dominion and the rule of empires. Sir, I look upon this Bill as the bitter fruits of the Coalition. After the fatal confequences of the noble Lord's attack on the American Charters, I cannot think he would have ventured on this diredt violation of the franchifes and property of a great Company, if he had not been in impious league with fo daring a colleague. Not a man, who hears me, can believe that fueh a Bill had ever appeared, if the wordy war had gone on between the two Secretaries. The noble lord indeed had made fome former faint attempts, and for a good while caft a longing eye on the fair prey, but he dreaded his op- ponent. When he had 4-ecured a fit accomplice, the plan and lhare of the plunder was adjufi^dj and then the robbing of the EaJl-Jndia Company refolved. The Duumviri, auro, argento, aie, not fla n do, or fcriundo, C c 3 but ( 39 ) but ratiiundo, meant to proceed by this- Bill to the lei- zure and conftfcation of all monies, fecurities fur money , goods, wares, merchandizes, &c. &c. &c. with as lictle icruple as in elder times any triumvirate, or decemvirate, ever ufed. I proteft, Sir, I do not feel the lead perfonality againft either of the chief members of the Coalition ; but I dread the monftrous, unnatural union of fuch incon- gruous, difcordant particles, becaufe they could only be brought to coale/ce for the divifion of the public ipoils, and the iharing of all power among themielves, to the deftruction of the public liberty, and the independency of this Houfe. I believe that the noble Lord poireiles perfect perfonal integrity. His own probity is unble- mifhed ; but a luft of power, and an unhappy indolence of temper, combined to make him through the courfe of the lait war connive at almoft every man in every de- partment fleecing the public beyond the example of all former times. His own hands were clean: not fo thofe of the whole tribe of his contractors and depen- dents. The noble Lord has a rich vein of pure, elegant, claffical wit, the moft eafy manners, and unaffected good -nature, with every amiable and companionable quality. He is formed to be admired and beloved as a private nobleman. Would to heaven I could com- mend his reverence for the conftitution, his love of li- berty, and his zeal for the'prefervation of thofe noble privileges and franchifes, which are the birthright of Englilhmen ! With his colleague I have acted againft his lordihip for many years, I fought by his fide through the whole American war, and in all the fpirit- ed ftruggles againft the too great power of the crown, I have frequently beei> in raptures from the ftrains of his ( 39 1 ) his manly eloquence, the force of his reafoning, and the torrent of his oratory. So perfect a parliamentary debater this Houfe has never known. I grieve when I recolleft how unavailing all our tedious ftruggles have been, and that fo large a part of the empire has been torn from us ; but I am indignant when I fee the no- ble Lord in one of the higheft offices of the ftate, brought back to power, and carefled by the very man, who undertook to impeach him> as the great criminal of thejlate, the corrupter of Parliaments the author and con- triver of our ruin. He protefted that he could not truft bimfelf in the fame room with him. At another time he faid, he confented to pafs for the moft infamous man in this, or any country ', if ever he made part of an adminijlration with the noble Lord in the blue ribband. I do not forget, Sir, attending my Sovereign the laft year, by the com- mand of the Freeholders of Middlefex, to thank his Ma- jejly for having removed from his counfels, men., under whofe adminijlration calamities, fo many and fo great, have befallen this kingdom, and for appointing mlnijlers, in whom this country had, and are willing to have, the fulleft con- fidence. That confidence could never have been loft, but by the dereli&ion of every principle, and every pro- mife. The right honourable Secretary affured us in the firft week after his acceffion to power, that he found every thing much worfe than he could have fuf- pedted. Has he inftituted the leaft enquiry into the caufes of the difmemberment of the empire, and of the difgraces of the Britifli fleet during fo great a part of the laft war, for which he has fo often folemnly pledged himfelf ? In breach of repeated public engagements, and almoft daily pompous professions, he has joined the C c 4 enemy ( 39* ) enemy of America, by which he has loft the confidence of every man on the other fide of the Atlantick, which he had acquired in fome degree, and might have made ufeful to this country. Sir, another flrong objection to this Bill arifes from the enormous power, in the end neceflarily to accrue to the crown, and perhaps directly by collufion with a minifter. It is, Sir, a patronage of above two mil- lions flerling a year, of which the Company will be deprived. Wherever fuch a patronage falls, it cannot fail to overturn the balance of power in this well-poized conftitution. All the Governor Generals, Lieutenant- Governors, Counfellors, Prefidents, Council of Com- ,merce, Factors, Writers, every thing civil and mili- tary, from the General to the Subaltern, in the various eftablifhments throughout Afia, and at home every thing of profit in Leadenhall- Street, to the very ware- houfemen, clerks and porters of the Houfe, are in- cluded. Such an influence in this age of corruption could never be withftood. I confoled myfelf, Sir, un- der the lofs of America, becaufe as the firft object of my wifhes was the immortality of the liberties of my country, and I had always thought that the Influence cf the crown had increafed, was increafing^ and ought to be diminifaed, three propositions regularly fupported by one half of the Coalition, and regularly oppofed by the other half, I imagined that the coniiderable diminution of re- gal power by the lofs of the appointment of thirteen Governors, thirteen Lieutenant Governors, Chief Juf- tices, Judges, Attorney and Solicitor-Generals, Re- ceivers, Collectors, Comptrollers, Cuftom-houfe Offi- cers, &c. &c. &C. with the military government of Minorca, ( 393 > Minorca, and the two Floridas, no longer rendered the Crown an object of terror. If, however, the immenfe patronage of Ada is to be given to the Crown, its over- grown power muft foon fwallow up the two other branches of the legiflature, aud the fovereign of En- gland will become as perfect a defpot as the monarch of France, Spain, or Pruffia. If it is to be feized by a Minifter at the head of a proud and hateful ariftocracy, both the Sovereign and the people will be the llaves of a faction. One only refource will remain in the great revolution of human events, which the womb of time may bring forth, a circumftance not to be regretted, perhaps to be wilhed, by the real friends of humanity. It is an event pofllbly not very diftant, that the French, Dutch, and Portuguese, as well as the Englifh, may be entirely fwept away from the countries in the Eaft, which they have cruelly laid wafte, and made the the- atre of the moft flagitious enormities. The peaceful natives will then be at reft, happy under the mild go- vernment of their own princes. Commerce will then no longer be fettered by a monopoly, but fpread its fwelling fails as freely over the Gulph of Bengal and the Indian feas, as on the coaft of China and Japan, on the Atlantic, or the Mediterranean. May I beg the indulgence of the Houfe for a very few more words ? We have an AEl to prevent officers of the Cuftoms and Excife from voting at elections of members to ferve in Parliament, a truly wife and ex- cellent regulation, dictated by the fpirit of liberty. Should this Bill pafs into a law, I will move the fame kind of reftraint with refpect to every man employed under the intended Eaft-India commffion, to diminifh in fome degree the incredible weight of influence, which ( 394 .) which it will create. I will brino- to the teft the con- O iifiency'of the great Whig families, of whofe fupport we have heard ib much from the right honourable Secretary ; and I doubt not of the effectual affiftance of every independent character in the Honfe. I do not, however, defpair of the total rejection of the pre- ient Bill. I will only add, that if we do not ftrangle the monfter in its birth, it will deftroy the freedom both of the Parliament and people. APPENDIX* ( 395 APPENDIX, N I. THEPROTESToF THE EARL OF A B 1 N G D N, Entjered February 24, 1777, On the JOURNALS of the Houfe of Lords. Dffintient, F. I R S T, Becaufe I look upon this Bill, not only as a part of that fyftem of Colony-Government, fo ini- mical to Civil Liberty, fo repugnant to the firft and fundamental principles of the Conftitution, fo ruinous in its meafurcs, fo fhocking to humanity, and fo averfe from that now exploded virtue of univerfal benevolence, but becaufe t fee herein that fyflem com- ing home to OURSELVES, and with hafty fleps point- ing its dangers, even towards the heart of the king- dom,, Secondly, Secondly, Becaufe the Bill itfelf is attended with powers fubverfi ve of and unknown to the laws of the land, by apprehending perfons, it may be, on ground- lefs SUSPICION, by imprifoning perhaps the innocent, without the ufual and neceflary form of a (ingle oath ; and not too in the common gaol of the county, but in whatever part of the realm, be it ever fo diflant, that perfecution fhall think fit to adopt. Thirdly, Becaufe, although the ryder, which has been added by the other Houfe, does in forne degree abate the rigour of this harfh and alarming Bill, yet it does not fufficiently provide for the fecurity of his Ma- jefty's loyal fubjects, the inhabitants of the Weft India Iflands under its baneful operation ; nay, even any in- dividual of this country, who fhall venture on the High Seas, if only to make the tour of the Hebrides, may become the object of fufpicion, and the victim of ven- geance. Laftly, Becaufe the hour is come, if from mo- tives of policy only, that coercion to lenity ihould give way. (Signed) ABINGDON*. *' This noble Earl has been one of the mod fteady and intrepid affertors of liberty n this age. England has ellential obligations to the family of the Earl of Abingdon. 's lie 11 the prince of Orange was at Exeter in great difficulties foon after his landing, tv hen, " both the clergy and magiftrates of Exeter were very fearful, and very back- " ward, when the Bifhop and the Dean ran away, and the Clergy ftood off,'' as Bifhop Burnet fays, Lord Almgdon came in and joined our glorious deliverer. The fame ardour for freedom glows in the breaft of his noble descendant, with an almoft unexampled ipirit and activity. The citizens of Geneva, as well as the people of Eng- land, dwell with pteafure on the praife of a peer, who has made the moft generous efforts for both in the caufe of public liberty, and often facrificed the pleafures and eajoyments of focial life to their interefts. No gentleman was evermore formed to pleafe and captivate in private life than the prelent Lord Ab'tngdon, or has been more deservedly, more generally efteemed and beloved. He poffefies true honour in the higheft degree, with generous fentiments of friendfhip. To fuperior manly fenfe he joins eafy wit, with an amiable gaiety of temper, which diffufes univerfal chear- fuinefs. It is impollible not to be charmed with the happy prodigality of nature in bis favour, font every confideration yields with him to a warm attachment to tlis Laws and conftitutiou of England. N* ( 397 ) N II. The PROTEST of the LORDS, On the 1 6th of April, 1777. Dijfentient, For the reafons contained in the amendment pro- pofed and rejected, viz. in lieu of the Addrefs, to fubftitute the following : To affure his Majefty of the inviolable affection and loyalty of this Houfe ; and that it is with the fincereft affliction we find our duty to his Majefty, and out country, entirely incompatible with our compliance with the requeft made to us in his Majefty's name. That at a time when the increafe of Public Debt, attended with a decreafe of the Britifh empire, mani- feftly required the utmoft oeconomy in the manage- ment of the Revenues of the Crown, we cannot be- hold, without aftonilhment and indignation, a profu- fion in your Majefty's minifters, which the greateft profperity of our affairs could fcarcely excufe. That this Houfe, with the moft zealous devotion to your Majefty's true interefts, beg leave to reprefent to your Majefty, that we humbly apprehend the clear revenue of 800,000 1. a year, which fupported the go- vernment C 398 ) vernment and court of your Majefty's grandfather of happy memory, in great authority and magnificence, is fully fufficient (if managed by your Majefty's fer- vants with the fame integrity and oeconomy) to main- tain alfo the honour and dignity of your Majefty's Crown, in that reverence in which we wifh, as much at leaft as thofe who have fquandered away your re- venues, to fee it always fupported. Parliament has already, in confideration (we fuppofe) of fome expences at the beginning of your Majefty's reign, difcharged the debts and incumbrances on the Civil Lift to a very great amount. Again to exceed the revenue granted by Parliament, without its au- thority, and to abufe its indulgence in paving one debt, by contracting, in fo iliort a time, another, and a greater, is, on the firft view, a criminal aft. Your Majefty's minifters ought to have laid fome matter be- fore this Houfe, tending to ftiew that your Majefty's government could not be reputably fupported on the provifion made by Parliament ; whereas they have only laid before us the heads on which they have exceeded, without any thing which can tend either to juftify or excufe the excefs ; and the only reafon given to us for paying that debt is, that your Majefty's minifters have incurred it. With regard to the further increafe of your Majefty's Civil Lift revenues, we muft decline any concurrence therein, not folely from motives of oeconomy (though at no time more ftrictly required), but from a dread alfo of the effect of fuch an augmentation on the honour and in- O tegrity of Parliament, by vefting fuch large Aims with- out account in the hands of minifters. When an opi- nion 399 ) nlon is known to prevail, and which we have no means of contradicting, that your Majefty's Civil Lift reve- nues are employed in creating an undue influence in Parliament, it would be extremely unbecoming of us to vote, without manifeft reafon, great fums out of the property of your Majefty's fubje&s, which are fup- pofed to be applied to our private emolument. It is our duty to attend to the reputation of Parliament ; and we beg leave to reprefent to your Majefty, that a further increafe of the prefent overgrown influence of the Crown would be a treacherous gift from Parlia- ment even to the Crown itfelf, as it -will enable the minifters to carry on thofe delufive fyftems which have been fatally adopted, and which, if purfued, mud lead to the ruin, as they have already produced the diftraclion of this once great empire. ABINGDON, ABERGAVENNY, ARCHER, KING, THANET, TORRINGTON, STAMFORD, EFFI^GHAM, PORTLAND, RICHMOND, BUCKINGHAM, FlTZWlLLIAM a DEVONSHIRE, MANCIIESTSS. N' III. N III. The PROTEST of the Earl of RADNOR, On the firit of May, 1777. Becaufe, though I admit, and zealoufly contend, that the fplendorand dignity of the Crown of Great Britain, and the credit of the royal houfehold, ought, for his Majefty's perfonal fatisfaction, no lefs than for the ho- nour of the nation, to be maintained by liberal grants of Parliament (liberal beyond the charge of parfimony, or a minute calculation of the demands on govern- ment) ; yet, when no confideration is had, and no ac- count whatever given in of various productive funds, of which his Majefly's iervants are in the receipt, and which are never accounted for in Parliament, I muft infift that all calculations of a deficiency in the arTumed fum of 800,000 1. only, are fallacious and abfurd. Becaufe thefe funds produce either the exact fum of 78,000!. or more, or lefs. If they produce that fum, the produce more than liquidates the prefent ftated debt. If they produce lefs, but yet producing fome- thing, the accounts upon the table cannot be true ; for fuch produce would then either have been accounted for in diminution of this debt, or fuch produce is Hill in in hand, and the means of difcharging fuch , debt re- main; or there has been fome fecret expenditure to which it has been applied, and which adminiftration have not thought fit to mention. If they produce, as I cannot but think they do produce, confiderably more, it furely reds upon miniilers to ihew the application, rather than becomes the credulity of Parliament to ac- cept thefe accounts a complete, or its generofity to fupply with fuch readinefs, and confequently encou- rage the wantonnefs of t % heir profuiion, as to the amount, and perhaps their criminality in the deilina- tion of the fums. And becaufe, when (exclufive of the enormous fums flated to be lodged with certain perfons who are mem- bers of the Houfe of Commons, for fecret and fpecial fervices, words calculated to perplex and not inform) the extravagant amount of falaries and acknowledged D O penfions (to which parliamentary jealoufy claims a right of making a large addition on account of the general belief, amounting with many perfons to an in- ternal convidtion of considerable dilburfements for fe- cret and unacknowledged purpofes) is confidered ; I hold it my duty, as a member of the legislature, to withhold the additional means, afforded by this bill, of corrupting the integrity of Parliament. RADNOR. D d N IV. N 4. Extract from {i A report from the Committee ap~ " pointed (upon the 2/th day of March 1771) to " examine into the feveral facts a-nd circumftances " relative to the late obstructions to the execution " of the orders of this Houfe; and to conhder what " further proceedings may be requifite to enforce a "due obedience thereto; and to report their pro- " ccedings, together with their opinion, from time " to time, to the Houfe." The Committee appoited to examine into the feveral facts and circumftances relative to the late obftruc- tions to the execution of the orders of this Houfe, and to confider what further proceedings may be re- quilite to enforce a due obedience thereto, and to re- port their proceedings, together with their opinion, from time to time, to the Houfe, have, in obedience to the order of the Houfe, begun by examining in- to the facts and circumftances relating to the late obftru&ions to the orders of the Ho-ufe ; and, in or~ der thereto, called before them, Whilbam, one of the meifengers attending, this Houfe ; who faid, " That he had had no other 44 warrant but that for taking J. Miller into cuftody, " on the 1 5th of March, 1771 : it was directed to Mr. <* Bonfoy, Mr. Clement f on, and himfelf, with orders to "go C 403 ) (C go and take Miller into cuftody ; and he proceeded, " and came to Miller's houfe about 2 o'clock ; and he " aiked if Miller was at home, and was informed he " was above ftairs, and would be down in a little time; " that he waited about a quarter cf an hour, when " Miller came down, and went into his compting- " houfe ; that he (Whitham) followed him, and told " him, he hoped he would not be furprized, that he " had the Speaker's warrant for taking him into cuf- " tody, and offered to fhew the warrant to him ; and " that he (Miller) juft. caft his eye upon it, and faid, " that the meffenger had no authority to take him-, f( and he fhould take no notice of it ; whereupon he " (the meffenger) laid his hand upon Miller's arm, and " told him he was his prifoner, and that he mud go " with him. Miller faid, that he had affaulted him in " his own houfe ; and thereupon told one of the per- " fons prefent to go and fetch fuch a one, but does " not remember the name of the conitable, who came " in a few minutes, and Miller charged the conilable " with him for the affault, and required the conftable " to carry him before the fitting alderman; that as he " (IVhitham) was going into the court where Miller f Exeter, that Ihe was married to his Royal Highnefs the Duke of Gloucefter, at her houfe in Pall-mall, on the fixth of September, one thoufand feven hundred and lixty-fix, between the hours of feven and nine in the evening. But immediately upon her acknowledg- ing her marriage me expreffing great anxiety of mind, declaring me had promifed his Royal Highnefs the Duke, never to reveal her marriage till me had his ap- probation for fo doing ; and on the twenty-fourth of the fame month of March, me told the faid Lord Biihop of Exeter that me was married by Mr. Morton (fmce deceafed), whom the Bifhop knew to be one of her domeftic chaplains ; and that there were no wit- nefles prefent. (Signed) F. EXETER. IT ( 4*6 ) IT appearing by the aforegoing declaration of their Royal HighnefTes the Duke and Duchefs of Gloucefter, that the clergyman who performed the marriage cere- mony was deceafed, and that no other perfon was pre- fent at the marriage ; the Archbiihop of Canterbury, the Lord Chancellor, and the Bifliop of London, thought it advifeable to take the two aforegoing depositions of Lieutenant Colonel Charles Rainsford, and of Frede- rick Lord Bifhop of Exeter, as a confirmation of the above declarations of their Royal Highnefies the Duk<$ and Puchefs of Gloucefter, At Cumberland Houfe. Sunday the 23d of May, 1773. Two in the Afternoon. His Majefty having been pleafed, by his order ix| Council of the twenty-firfl of this inftant, fpecially tq appoint the moft Reverend Father in God Frederick Lord Archbiihop of Canterbury, the Right Honour- able Henry Lord Apfley, Lord High Chancellor of Great Britain, and the Right Reverend Father in God Richard Lord Bifliop of London, forthwith to make enquiry into the legality of the marriage of his Royal Highnefs the Duke of Cumberland, and to certify to his Majefty in Council their opinion thereupon, toge- ther with the feveral proofs of the faid marriage; their Lordihips did this afternoon attend his Royal Highnefs at Cumberland houfe, at two o'clock; and his Royal Highnefs being aiked feveral queftions by their Lord- ihips, he gave anfwer, and figned a declaration thereof, in ( 4*7 ) fti writing, and depofed the feme upon oath as fol- Joweth : I HENRY FREDERICK, Duke of Cumber- land, do folemnly declare, that I was married to theHo* nourable Anne Horton, widow, on the fecond day of October, one thoufand feven hundred and feventy-one, in the afternoon, between the hours of fix and eight, at her houfe in Hertford-ftreet, by William Stevens, clerk, fellow of St. John's college in Cambridge, ac- cording to the rites and ceremonies of the church of England, in the prefence of the Honourable Mifs Eliza- J^eth Luttrell : no other perfon being prefent. (Signed) HENRY. SEVERAL queftions being likewife put to her Royal Highnefs the Dutchefs of Cumberland by their Lord- Ihips; fhe gave anfwer and ligned a declaration thereof \n writing, and depofed the fame upon oath as fol- loweth : I ANNE, Dutchefs of Cumberland, do folemnly declare, that I was married to his Royal Highne(s Henry Frederick, Duke of Cumberland, on the fecond day of O&ober, one thoufand feven hundred and feven- ty-one, in the afternoon, between the hours of fix and flight, at my ho.ufe in Hertford-iireet, by William Ste yens, clerk, fellow of St. John's college in Cambridge, according to the rites and ceremonies of the church of England in the prefence of the Honourable Mifs If lizabeth Luttrell : no other perfon being prefent. (Signed) ANNE. WILLIAM C 4*8 ) WILLIAM STEVENS, clerk, fellow of St. John's col- lege in Cambridge, doth depofe upon his oath, that he did on the fecond day of October, one thoufand feven hundred and feventy-one, marry his Royal Highnefs Henry Frederick Duke of Cumberland, to the Honour- able Anne Horton, between the hours of fix and eight in the afternoon, at her houfe in Hertford-ftreet, ac- cording to the rites and ceremonies of the church of England, in the prefence of the Honourable Mifs Eli- zabeth Luttrell : no other perfon being prefent. And did immediately after the ceremony performed make a memorandum thereof, which was figned by all the par- ties, and has ever fmce been in his cuflody, and now produces the fame, (Signed) WILLIAM STEVENS. THE Honourable Elizabeth Luttrell doth upon her oath depofe, that ihe was prefent on the fecond day of October, one thoufand feven hundred and feventy-one, between the hours of fix and eight in the evening, when the marriage ceremony was performed between his Royal Highnefs Henry Frederick, Duke of Cumber- land, and the Honourable Anne Horton, at her houfe in Hertford-ftreet, by Mr. Stevens, according to the rites and ceremonies of the church of England : no other perfon being prefent. (Signed) ELIZABETH LUTTRELL. A marriage was folem- ^ TT r . . 9 r \ HENRY FREDERICK, 4771. mzed this fecond day of V ANN HoRTON> October, between us, By me WILLIAM STEVENS, fellow of St, John's college, Cambridge, In the prefence of ELIZABETH LUTTRELL. I the ( 4*9 ) I the underwritten Stephen Cottrell, one of the clerks of his Majefty's Moft Honourable Privy Council, do hereby certify that the above memorandum of the mar- riage of their Royal Highnefies the Duke and Duchefs of Cumberland, is the memorandum produced by Wil- liam Stevens, clerk (the minifter who performed the office of marriage between their faid Royal Highnefles) and was delivered by the faid William Stevens, this 23d Day of May, 1773, as refered to in his depofition. (Signed) STEPHEN COTTRELL. (L. S.) At the Court of St. James's, the 26th day of May, 1773. PRESENT. The KIN G's moft Excellent MAJESTY Archbifhop of Canterbury Vifcount Clare Lord Chancellor Vifcount Hmchinbroke Duke of Ancafler Lord North Lord Chamberlain Bilhop of London Earl of Denbigh Lord Edgcurnbe Earl of Sandwich Lord Hyde Earl of Rochford JamesStuartMackenzie,Efq; Earl of Marchmont Wellbore Ellis, Efq; Earl of Dartmouth Sir Gilbert Elliot Earl of Briftol Richard Rigby, Efq; Vifcount Townfhend Sir Lawrence Dundas. Vifcount Falmouth WHEREAS ( 43 ) *-" TT T H E R E A S there was this day Order directing the \ \f > whole of the pro- read at the board, a report from the enquiry^nto thl the moft Reverend Father in God Fre- KEsTci^eier derick Lord Archbilhop of Canterbury, and Cumberland, to tne Right Honourable Henry Lord Apf- be entered in the J council books, ley. Lord Chancellor of Great Britain, and the Right Reverend Father in God Richard Lord Bifhop of London, upon enquiry by them made (in purfuance of his Majefty 's order in Council, bearing date the twenty-firft of this inftant) into the legality of the mar- riage of his Royal Highnefs the Duke of Cumberland, which report is in the Words following : "To the KING'S moft excellent MAJESTY in Council. (t In obedience to your Majefty's command, fignified" " by your order in Council, bearing date the twenty- " firftof this inftant, directing us forthwith to make en- " quiry into the legality of the marriage of his Royal " Highnefs the Duke of Gloucester, and to certify to " your Majefty in Council our opinion thereupon, to- " gether with the feveral proofs of the faid marriage, " in order that the fame may be recorded in the coun- " cil books; we did on the twenty-fecond of this in-. I I &> 107 > half paft 1 2. o'clock. S I R, MARRIAGE. I am ordered by the Lords of the Letter, tranfmitting Council to tranfmit the inclofed packet Copy of the whole "' /- -r-v of the above Pro- to his Royal Highnels the Duke of eeedingstothe Dnk r ,-,, , , ,- of Gioucefter. Gloucefter ; and am to defire that you will be pleafed to prefent the fame to his Royal High- acfs accordingly. I have the honour to be, &c. (Signed) STEPH. COTTRELL, To Lieut. Colonel Charles Rainsford, at Gloucefter Houfe. (foiio2o8.) MEMORANDUM. The papers contained in the above-mentioned packet to his Royal Highnefs the Duke of Gloucefter, were a duplicate of his Majefty's order in Council, of the 2ift of this Inftant, direct- ing the Archbilhop of Canterbury, the Lord Chan- i cellor, ( 433 ) celtdr, and the Bifhop of London, to make enquiry into the legality of the Marriages of their Royal High- neffes the Duke of Gloucefter and the Duke of Cum- berland ; A copy of their Lordihips' report in purfu- ance of their faid order ; A copy of the proceedings at Gloucefter Houfe and Cumberland Houfe ; and Tike- wife a Duplicate of the aforegoing order of his Ma- jefty in Council, of the z6th of this inftant, direfting the whole of the faid proceedings to be entered and recorded in the books of the Council Office. MARRIAGE. Like letter with the foregoing was Letter, tranfmitting fent to Lieut. Col. Deaken at Cumber- a copy of the whole i i r T / , , r i r> i of the above pro- land Home, with a packet for his Royal Highnefs the Duke of Cumberland, con- taining the fame papers with thofe in the aforementioned packet to his Royal Highnefs the Duke of Gloucefter. A true copy from the original papers and minutes, preferved in the Council Book, Whitehall (beginning ift Jan. 1773, and ending 29th April, 17/4, indorfed Geo. III. N lo.), examined in the prefence of his Royal Highnefs the Duke of Gloucefter, who acknow- ledged the iignature to his own declaration. And the Rev. Mr. Philip Duval attending at this Exami- nation, and viewing;; the federal fi^natures, did declare, * O O ' * that he was prefent and did fee their Royal Highneffss the Dukes and Dutcheffes of Gloucefter and Cumber- land, the Bifhop of Exeter, Charles Rainsford, Efq. the Rev. Mr. William Stevens, and the Honourable Mifs Elizabeth Luttrell, fign the faid original papers, to which their names are refpedively fubfcribed. The F f whole < 434 ) whole examined by me, and figned at the bottom of each page, with the initials of my name and office, this loth Day of April, 1 7 75. (Signed) ISAAC HEARD, Norroy. The preceding, from page i to page 25, inclu- fively, is faithfully copied from the Regifter, 5 D. 14, in the College of Arms, this 22dof October, 1778, by FRA S . TOWNSHEND, Rouge-Croix, in waiting* His ( 435 ) His Royal Highnefs WILLIAM HENRY, Duke of GLOUCESTER. WILLIAM HENRY, third: Son of Frederick j late prince of Wales, and brother to his Ma- jefty, born 14 Nov. 1743, in L. Houfe, in the parilh of St. Anne, Weftminfter, and bap- tized the 2j|th of the faid month. Elected knight of the moft no- ble order of the Garter, 27 May, 1762. Inftalled 22 September following; Created by patent, dated 19 Nov. 1764, Duke of Gloucefter and Edinburgh in Great Britain; and E. of Con- naught in Ireland, to him and the heirs male of his body. = MARIA WALPOLE, Coun- tefs Dowager Waldegrave, re- lit of James W. Earl Wald. knight of the moft noble order of the Garter. Married to his Royal High- nefs the 6th day of Sept. 1766, at her houfe in Pall-maji, by the reverend Mr. Robert Mor- ton, her domeftic chaplain. i SOPHIA MATILDA, eldeft daughter, born in Gloucefter Houfe, in the parilh of St. George, Hanover-fquare, 29 May, 1773, baptized 26 June following. 2. CAROLINA AUGUSTA MARIA, 2d daughter, born i'\ Gloucefter Houfe aforefaid, 24th June, 1774, baptized 22 I July following ; died 14^1 March, 1775, buried 22d of the faid month, in the choir of the chapel of St. George, at Windfor, in the county of Berks. This pedigree proved before the committee of privileges in. the Houfe of Lords, nth of April, 1775. ISAAC HEARD, Norroy. At the fame time delrvered into the Houfe the proofs of th? marriages of their Royal Highnefles the Dukes of Gloucefter and Cumberland, which I examined in the prefence of his Rpyal Highnefs the Duke of Gloucefter, witii the originals in th? books of the Privy Council, Whitehall. ISAAC HEARD, Norroy. JM VII. To the Gentlemen, Clergy, and Freeholders of the County of Middlefex. Gentlemen, I moft heartily congratulate you on the fuccefs of your fteady, fpirited, and generous efforts, in n: caufe of the firft confequence to every elector in this king- dom, the caufe of the right of election, fo long de- pending between you and a former Houfe of Com- mons. After many years unavailing ilruggles againft a defpotic adminiftration, and a corrupt majority in parliament, your public virtue has, by perfeverance and unremitting energy, at laft brought a queftion of infinite moment to a final decifion in favour of liberty, We have now obtained a direct and unequivocal vin- dication of our moft effential rights, rights coeval with the Engliflj conftitution, that perfection of human wif- dom, that nobleft work of man. You have the high fatisfaction of observing an upright fenate alfert the privileges of an injured people againft the encroach- ments of power, and decide in favour of their fair and jufl claim to a fhare inthe legiflature. The proceed ings of this Houfe of Commons I ihall with rapture tranfcribc from their Voles *. You will, I am fure, ac- cept of them as the only atonement which could ba * The J'ct-s are printed in the former part uf this volume. made ( 437 ) made under a good government for the violation of your franchifes, and the injuries of former flagitious administrations. This branch of our con ft i tut ion is now reftored to its original form, and eftablifhed on a foundation not to be fhaken. No precedent can now be drawn from the injuftice and violence of arbitrary minifters. An incapacity, for the exprefs purpofe of defeating your declared intentions, will not be again created by a vindictive and venal majority in one part only of the legiflature. A minifter will not again no- minate the reprefentative for this refpectable county to the great council of the nation. The man of your free choice will have the diftinguifhecl honour of re- prefenting you, and the glory is yours of having fe- cured the fame invaluable franchife to every elector in the iiland. Not the leaft trace will now remain of the various deep laid plans of fraud and violence, of fub- tle insinuation, alarming menace, and direct infult, to which your calm and undaunted fpirit always rofe fu- perior. The hiftorian's page will, however, record the wickednefs and infamy of your enemies, the public robbers of the rights of freemen, and will hold up the fleady virtue of the freeholders of Middlefex as an objedt of imitation to all future ages, My excellent colleague Mr. Byng *, feconded and fup- * This gentleman afterwards forgot his duty to his conftituents. He refufed, in 1784, to prefent to the King, in conjunction with his colltague, the /Udrefi of the County of Middlefex, notwithstanding the orders of a -vnal ambition. You have, Sir, thus early in your Minif- terial Career commanded the efteem and admiration of this City and Nation, by a noble Adt of Dilintereft- ednefs iri favour of the public, for which I believe you iearcely could find a precedent, nor I fear will you be imitated by any future Minifter. We look up, Sir, to that fuperior ability, and pu- rity of Public Virtue, which diftinguim you, for the reformation of many abufes, as well as the fteady pro- tection of our Chartered Rights, Property and Free- dom. The Admihiftration of your Noble Father gave* las fecurity at Home, carried the Glory of this Nation to the utmoft Height Abroad, and extended the bounds of the Empire to Countries where the Romari Eagle never flew. A late Adminiftration undertook an un- juft and wicked War, which difmembered the Empire by depriving us of our mod valuable Colonies, and has almoft brought us to the brink of Bankruptcy. To reftore this kingdom to any degree of profperity and greatnefs, demands the utmoft exertions of Virtue and Ability, with every fupport both of the Crown arid People at large. I hope you will meet with both, and I know how high you Hand in the Confidence of the Public. Much is to be done ; but you have Youth *, Capacity, and Firmriefs. It is the charac- teriftic of a true Patriot, never to defpair; and we have a well-grounded hope of your making us again a great, powerful, happy, and united People, by a fleady, * Adolefcens gravjs fenili judicio. Cic. pro P. Sextio. G 2 uniform ( 442 ) uniform, wife, and difinjerefted conduct. Your Noble Father, Sir, annihilated Party ; and I hope you will in the end beat down and conquer the Hydra of Fac- tion, which now rears its hundred heads againft you. I. remember his faying, that for the good of the People lye dared to look the prcudejl connections of this Country in the Face. I truft that the fame fpirit animates hi$ Son, and as he has the fame Support of the Crown and the People, I am firmly perfuaded that the fame Succefs will follow. Mr. P I T T's ANSWER T O Mr. CHAMBERLAIN W I L K E S. I beg to return you my befl Thanks for your very obliging Expreflions. Nothing can be more encour- a S' n g to me > m tne difcharge of my Public Duty, than the countenance of thofe, whom, from this Day, I may have the honour of calling my Fellow-Citizens. E END, MR. W I L K E S's S P E E C H ON THE IMPEACHMENT O F WARREN HASTINGS ESQ. [Price One Shilling.] THE SPEECH O F MR. W I L K E S I N T H E HOUSE OF COMMONS, On the NINTH of MAY 1787, RESPECTING THE IMPEACHMENT O F LONDON? PRINTED FQR G. G. J. AKD J. ROBINSON, PATER-NOSTER Row, I ( s ) VOTES of the Houfe of Commons. Page 615. Mer curtly 9 die Matt, 1787. The order of the day being read for taking into further coniideration the [firft~\ Report which was made from the Committee, to whom it was referred, to prepare Articles of Impeachment againft Warren Haftings Efquire, late Governor General of Bengal, Refolved) That the faid Articles of Impeachment be now read a fecond time, article by article. Lord Hood oppofed the fecond reading of the Report. After which, I Mr. Wilkes faid, Mr. Speaker, Am very happy to hear the firm negative of the noble Lord to the fecond reading of what is called the frjl Report of the Committee. I rife to give every fup- port in my power to his Lordlhip's propofition, for upon A 3 the ( 6 ) the moft careful inveftigation of this Report, I do not hefitate to aflert that it is built on a falfe and rotten foundation. The Articles ftated in the Report are in manifeft and direct contradiction to the documents, and all the evidence, on the table of the Houfe. Mr. Hafiings is charged by the Report in exprefs terms, with not regarding the f acred obligation of his oath t nor the important duties of the high offices to which he was ap- pointed, but entertaining baje_ and corrupt mews of procur- ing for himfelf and his dependants exorbitant wealth > &c. by many unjuflifiable afts ' by htm done and committed, whiljl he was Preftdent and Governor General of Bengal, by various unwarrantable and criminal praclices^faithleff^ ly, illegally, and tyrannically violate the duties of his Ra- tion, by each and all of which -practices the welfare of the Eaft India Company has materially fuff ere d> the happinefc ef the native inhabitants of India been deeply ajfecJed, their confidence in Engliflj faith and lenity Jhaken and impair ed 9 and the honour of the crown, and character of this nation^ as far as in him lay, wantonly and wickedly degraded. Thefe are indeed, Sir, heavy and atrocious charges, and therefore ought not to have been brought forward without the fulleft, and moil incontrovertible evidence- I jhall proceed to prove, that the whole is unfounded, mere rant and declamation, of which the papers, which have been read by the clerk, give a clear and irrefra- gable proof. I will not fatigue the Houfe with volu- minous extracts from the many folio volumes now on our table, but content myfelf with the unexceptionable evidence of the late Governor General of Bengal, Sir John Macpherfon, fo late as the loth of Auguft 1786, and the records of the Eaft India Company. Sir ( 1 ) Sir John Macpherfon in a letter to the Court of Di- rectors, dated from Calcutta the loth of Auguft 1786, fays, The condition in which Earl Cornwallis will receive the government of India, is creditable to the Company, and cannot but be fatisfaflory to the Nation. The nativt in- habitants of this kingdom are 9 I believe, the happieji and beft protected fubjeRs in India-, our native Allies and Tri- butaries are fatisfied, and confide in our protection ; the Country Powers are enmloujly afpiring to the friendjhip of the Englijh; and from the KingofTidore, towards New Guinea, to limur Shaw y on the banks of the Indus, there is not a State that has not LATELY given us proofs of con- fidence and refyeff. With what pride and exultation will an Eriglifliman contemplate, and dwell upon, this pleating picture of the happinefs of the inhabitants of India, a picture drawn on the fpot the laft autumn ? With what a mixture of horror and indignation will he turn away from a falfe, coarfe, and wretched daubing made at home by a Weftminfter Committee, and heightened with all the gloomy and frightful colours of mifery and defpair, inftead of the fcenes of chearfulnefs, which nature in reality prefents ? Two or three more quotations of no confiderable length I beg leave to fubmit to the Houfe. The Re- fort ftates, That the welfare of the Eaft India Company has materially fujfered by the various unwarrantable and criminal praftices of Mr. Haftings. Now, Sir, the moft natural judge to decide this queflion muft be the Eaft India Company. Let us examine their fenti- ments, whether they think that they have materially fuf- fered, or been highly benefited under the government of A 4 Mr* ( 8 ) Mr. Haftings. I defirc, Sir, to read the unanimous Rc- folution of the 28th of June 1785. Refolded unanimcujly^ fhat the Chairman be dire ft ed in the name of the Court io congratulate Governor Haftings on his fafe arrival, and to return him the thanks of this Court for the long, faith- ful, and able fer vices he has rendered to the Company. There was but one opinion at that time among his con- ftituents of the merits of the late Governor General ; and the above honourable teftimony was given to Mr. Haft- ings after he had clofed the long glories of his go- vernment, for he failed from Bengal in the Barrington on the 7th of February 1785. The two preceding years had borne the like grate- ful evidence to the fervices of Mr. Haftings. The General Court of Proprietors on the 7th of November 1783, came to the following Refolution. Refolved> That it is the opinion of this Court, that Warren licft- ings Efquire, Governor General of Bengal, and the other Members of the Supreme Council^ have dif played uncommon zeal, ability, and exertion in the management of the affairs cf the Eajl India Company, during the late hoftilities in In- dia, particularly in finding refourcesforfupporting the war in the Carnatic under fo many pr effing difficulties, when that country was in danger of being lojl, through the fuccefsful irruption of Hyder Ally Cawn, AIDED BY THE POWER- FUL ASSISTANCE OF THE FRENCH ; and alfo in con- cluding the late Treaty of Peace with the Marattas at a perkd ( 9 ) period fo critical, and on terms fo honourable and advanta- geous to the. permanent interefts of the Company. Refolved, Therefore that the thanks of this Court be given to Warren Hajiings, Governor General, and the other Mem- bers of the Supreme Council, for the above fpecified great and diflinguifhed ferviceS) and further, that this Court doth requeft the faid Warren Hajiings Efq\ Governor General not to refign the Jlation he now holds until the tranquillity of our pojjejjions in India Jh all be rejlored, and the arrange- ments neceffary upon the re-ejlablijhment of Peace Jhall have taken place. The laft quotation I beg the Houfe to indulge me with reading, is that of the 28th of October, 1784. i Refolved unanimou/ly ^ That as peace and tranquillity are now perfectly efta- blijhed throughout India, and this court being fsnftbk that this happy event has been principally owing to the very able and fpirited exertions of our Governor General and of our Supreme Council, that the thanks of this Court be con- veyed to Warren Hajiings Efquire, for his firm, unwearied, and fuccefsful endeavours in procuring the late Peace witk the feveral powers in India. I now, Sir, leave the Committee to the management of this new Indian war, which they have declared againft a powerful confederacy, in perfect harmony and unani- mity among themfelves. The manifefto of our Com- mittee ftates, that the welfare of the Eajl India Company has bas materially fuffered by the practices of Mr. tiajlings* The Eaft India Company publifh to the world, and confign it on their records to pofterity, that Mr. Haftings has rendered them long, able, great, dijlinguijhed, and faithful fervices, and concluded a Treaty of Peace on terms honourable and advantageous to their permanent interefts. Mankind in general, Sir, I believe, will have little difficulty in determining that a great body of mer- chants muft understand, and confult, their own perma~ nent interefts, rather better than any Committee of this Houfe not quite fo deeply interefled in the event. From the papers which I have taken the liberty of reading to the Houfe, I now claim the right of afferting, that the charges againft Mr. Haftings in this_/r/? Report* have received a fatisfadtory and compleat anfvver. Inftead therefore of their obtaining the fanction of our approba- tion, truth and juftice call upon us to reject them as cruel calumnies againft a gentleman, who has deferred high- ly of his country, as a rude and bafe attempt to tear the well- earned laurels from his brow. Sir Eyre Coote and Sir Edward Hughes were honoured with the thanks of this Houfe for particular fervices in the Eaft during the late war. They both attributed their fuc- cefs in a great meafure to the wifdom and vigour of the councils of the Governor General of Bengal. It is, Sir, a reproach to this Houfe, that for thofe, and many othef greater fervices, Mr. Haftings ftill remains untbankcd here, although the applaufe of his conftituents, and the people at large, have in a liberal manner given that fame which a faction among us deny. Sir, as an Englifhrrmn, I avow my gratitude to Mr. Haftings, for I think him a diftinguilhed benefactor of this ( it ) this nation. During the late inglorious war, we fully triumphed no where but in the Eaft, under his happy aufpices. There the perfidy of the French, and the treachery of the Dutch, were mod exemplarily chaflifed* He preferved entire all our Afiatic provinces, and left unimpaired the extenfive empire, which he governed. His conquefts over our enemies comprehended every French and Dutch fettlement, except Cuddalore, which was faved only by the Peace, It is without a precedent that fo important conquefts were made at no expence to the mother Country. Lord Clive had frequent and large remittances from England, to the amount of fome hundred thoufand pounds. Without thefe he could not have carried on the wars, in which he was engaged. No complaint has been made of the danger of our be- ing impoverilhed, or exhaufted, by Mr. Haftings's In- dian wars. The wonderful refources of his mind made the war fupport itfelf. The expences of it were borne by our enemies, by the traitors and rebels in our own provinces, or by ambitious neighbours, who had leagued together for our deftruction, I might fay ex- tirpation* Sir, the various overt acts of fedition and rebellion in Cheyt Sing, and the Begums, are recorded at large in the volumes on our table. Their rooted hatred to the Englifh is fully eftablifhed. I believe that I fhall not be contradicted, when I maintain that all property of every kind, jaghires, grants, revenues, and life itfelf, are forfeited to the ftate by delinquencies of this atroci- ous nature. The largenefs therefore, or fmallnefs, of a fine in fuch a cafe muft be out of the queftion, nor can there be any pretence to complain of grievous penalties, ( I* ) penalties, or exorbitant exaftions, when the whole is confiscated. Whatever is left to the culpable party mud proceed from mercy and compaffion, all poflef- fions and treafures of every fort being forfeited. Every wife government, with equal policy and juftice, will ap- ply to the prefervation of the ftate what was deftined for its ruin and annihilation. On thefe great princi- ples of found legiflation Mr. Haftings appears to have acted. He well knew the treachery and deep diffimu- lation of the Begums. I have heard indeed, Sir, of one Britifh Officer's life being faved by them, a captain Gordon. No mention is made of the many officers and foldiers facrificed in the tumults and rebellion, which they excited. I do not exactly know on what account the captain was fpared. Much flrefs is laid on the cir- cumftance, but the inftance only proves that the Begums had ufurped the government of a country, in which they were only fubjedts, A folitary a<5t of mercy is pleaded with an ill grace, and deferves little weight, againft very many inflances of cruelty. The rebels it is plain paid obedience to the Begums, whofe ufurped power at that time was fupreme. Much ridicule has been thrown on the number of affidavits taken in India on occafion of the late infur- redtions, revolts, and rebellions. The cafe is not clearly underflood, nor the intention explained. The critical and dangerous lituation of our government called for immediate and vigorous exertions. Our provinces and dominions were fecured by inftant fpirit and courage, without which all had been loft. Every perfon on the fpot was convinced of the rebellious practices of many natives of high rank and power, and of the ur- gency of our fituation. Prudence afterwards dictated the ( 13 ) the meafure of giving all the minutise of legal proof to thofe concerned in the affairs of the Eaft Company at home, at the diftance of 4000 leagues from the fcene of action, to whom many particulars of moment and magnitude were unknown. It became almoft neceflary for the fatisfaction of fome men of ftrict form, and mi- nute detail, who canvafs enlarged plans of government, and the comprehensive fyftem of empires, in the rigid mode they do caufes of petty larceny. They arraign the Saviour of an empire on the narrow principles and with the little chicanery of the Old Bailey. Happily for this country, the decifive moment of action was not loft by an idle attention to trifling forms. Sir, when the Englifti under our immortal Henry V. landed in France, the year of the battle of Agincourt, there was a Pre- fident of the Parliament of Paris, who has been con- figned to eternal ridicule, a Monfieur Louvet, grand per- fonage, au msmtien grave ^ et quon cut pris pour fcge. He remonftrated in all the forms againft the French troops marching, till there was an Arret de Parliament againft the Englifh Monarch and his army, figned by the Greffier en cbef'm the name of all the Chambres. Mr. Haftings appears to underftand bufinefs rather better than Monfieur Loyvet, and to have defpifed mere forms and cold caution, when the moment of important action arrived, which he carefully watched. The {uccefs, which followed, was adequate to the wifdom and courage of all the meafures of a great ftatefman. The family of Monfieur Louvet I fufpect emigrated to England, and made a profs breed with thofe, who, ftrictly obferving all forms of Votes , Refolutions, and ARs of Parliament, loft thirteen provinces in America, with Minorca, yet dare o perfecute the Saviour of India, 7 Sir, Sir, I am likewife ready to admit, that Mr. Haflings, has fometimes gone beyond the flrid letter of the powers, with which he was intrufled ; but I add a provifo, that he has always been warranted by the emergenc y of the occafion, and the general inductions under which he acted, and that in no inilance has he been actuated t>y corrupt or felfiih motives. He never loft fight of the General Injlruftions from his condiments of the 2pth of March, 1774, that in all your de liberations and refolu- lions y If he has been loaded for years with the execrations of the natives > as was afferted in the fpirit of rancour, not of truth, why has not a fingle perfon, in the fpace of more than two years and a quar- ter, lince the total extinction of his power, complained to this Houfe ? With what pomp, with what an air of infolent triumph would fuch Petitions have been offered to you, Sir? What tedious, elaborate com- ments fhould we have fuffered on every word in them ? You would have been left almoft ro zfolo in that chair. If Mr. Ha/lings be tie mojl notorious delinquent India ever Jaw, how has it happened that no one fufferipg inhabitant n'Atc hommc. 11 ajouta qu'en effet il s'etoit battu en duel avec I'hommo qu'il pourfirivoif ; mais qn'on etoit le meilleur ami decelui avec qui 1'on fe battoit lorfijue le combat n'avoit pour objet ni une maitreffe, ni une rivalite decidee ; quc par consequent, puifque la feule guerre des Marattes avoit arme fon bras centre M. Haftings, un fi noble fujet de querelle etouftbit toute idee de refentiment, poftcrieur i 1'inftant ou elle avoit etc \iiidefi ; qn' enfin, ayant etc blefsc et rendue a la vie |ar fun antagonize, il n'avoit pas cm pouvoir mieux lui temoigner fo reconnoifiancc, t, fur-tout, le feu de fon patriotifme, qu'en le harcelant d'altercations, d'accufa- tions, de libelles, et d'intrigues pendant fix ans. Toute extraordinaire que cette conduite pouvoit paroitre, la Chambre n'y verroit que mieux la puretc de fes inten- tions, la verite fon aele, et la vertu d'un homme public. II eft vrai qu'on 1'avoit accuse de n'avoir tracafsc et cnlomnic M. Haftings au Bengal et en Angleterre, que par destfpoir de n'avoir pu lui arracher fa place, d'avoir manque le projet de lui fuccedir, de s'etre fait expnlfer de la direction de la Compagnie deslndes; mais fon caraftere etoit au-deffus de pareils foup^onj ; et 1'on f^voit bieu qu'il n'ctoit ras homme a fc laifler enfrainer pai' de femblables motifs. Of ( 19 ) of India has preferred a Tingle complaint againft fo long protracted a tyrannical adminiflration ? What ialif/aant has Mr. Haflings employed ? Has he fafcinated all the ancient and venerable prieftbood, all the nobility of great antiquity and renown, all the multitude of cities, not ex- ceeded in population and trade by thofe of the firjl clafs in Europe, all the merchants and bankers, all the millions of manufafturers, and mechanics, all the millions of the tillers of the earth ? Mr. Haflings muft certainly be the greateft forcerer, who has ever appeared, beyond all the fabled magicians and necromancers of antiquity. He mufl be our Englifh Merlin revived with fuperior powers. He; muft have practifed with the nioft wondrous charms and philtres. What fpells, what magic arts, what en- chantments, have been fo potent, founiverfal? I cannot trace out in all the folios before us a {ingle line of com- plaint to the right honourable accufer from the poor Be- gums, although fuch a correfpondence would have been more valued than with any Princefs in Europe. He would tenderly have echoed all their fighs and groans, pitied their hideous outcries, added his own jeremiades, and deplored their wretched fate, fallen, fallen, fallen, in- llead of rejoicing, as all India did, at the punilhment of their feditious and rebellious pra&ices. The fact. Sir, is, that no man was ever more be- loved throughout Indoftan than Mr. Haflings. His departure was lamented by all the natives and Eu- ropeans as a general calamity. They gave him every public and private teflimony of affection and efteem as their common father and friend. The voluntary tribute of tears was paid him by a whole people. It was re- B 2 fetvcd ferved for a fa&ion and party * in this Houfe, and in this annus mirabilis, to hold us out to the ridicule of mankind, by this parliamentary inquifition, this per- fecutton of exalted merit by an impeachment. But, Sir, if we muft of neceffity find a comparifon of thefe proceedings among the Romans , 1 fhall bring for- ward that of Scipio. He too was impeached by a defpi- cable faction, envious of his glory, not emulous of the great actions by which it had been acquired. On tho day of the accufation, he with fovereign contempt left his accufers and revilers in the Forum, and marched, followed by all the people, to the capitol, to the temple of Jupiter, to return thanks to the immortal Gods for his fuccefles over the enemies of Rome, and to pray far more friends to his country, equally faithful and fortu- nate as himfelf. With the fame honeft zeal for my native country, I will pray heaven, Sir, to continue to ble& England with fuch men as Rodney and Hajlingj> Much has been faid, Sir, about the accepting of pre- fents by Mr. Haflings, in direct violation of the Act of Parliament. The fact is admitted, but let us examine the law. By the (t Act for eftablifhing certain Regula- " tions for the better management of the Affairs of the " Eajl India Company, as well in India as in Europe, &c." the 1 3th of the King, ch. 63, f. 23. which pafled in 1773, it is enabled, that *' No Governor General, or " &c. lhall directly or indirectly by themfelves, or by " any other perfon or perfons for his or their ufe, or an " his or their behalf, accept, receive, or take, of or from * Notwithstanding this, and fome other ftrong fymptoms, I hope that the reign of party is nearly at an end. Mr. Francit aKwed us in his Speech of July 2, 1784, paje 1 6. 7 am not a party ir.an in ti>?s, tr any other quefticn, and his conduft ever fince has fhewn how well founded wae that aiTertion. Mr. Francis then not being frty~man t there can be nof try-matt left ii; the Houfe of Commons. " any ** any perfon or perfons, in any manner, Or on any ac- " count whatfoever, any prefent, gift, donation, gra- *' tuity, or reward, pecuniary or otherwife ; or any " promife or engagement for any prefent, gift, dona* " tion, gratuity, or reward, &c." This, Sir, is the A& by which Mr. Haftings was firft appointed Gover- nor General of Bengal. Now, Sir, I alk, where is the proof that Mr. Haftings has violated this law in a fingle inftance ? Has he taken for his ufe, or on his behalf, any prefent, gift, donation, gratuity, or reward ? Let the evi* d.ence be produced. It is true that various prefents were at different times received by "him, and in particular 100,000 from the Nabob of Oude ; but it is equally- true that they were always carried to the account of the Eaft India Company, and actually formed a regular head of revenue after the Aft took place. A fecond Act the 24th of the King, ch. 25. f. 45. which declared l( ikat the " re ceiv'tng prffents for the ufe of the Eaft India Company " Jball be deemed and taken to be extortion" did not take place till Jan. i, 1785, the month before Mr. Haftings embarked for Europe. The laft mentioned fum of 100,000 was fpecifically entered as a prefent. Thefe gifts and prefents were afterwards iffued for the pay of the army. Without thefe, and other extraordinary aids, the army had difbanded, perhaps maffacred their em- ployers, but the Indian empire would certainly have mouldered away. The offering of prefents is thought in the Eaft a neceflary preliminary in all negociations be- tween a higher power and an inferior, or dependant. If the prefent is not accepted, the fuit is underftood to be rejected. It has been afferted, Sir, that during the late contefts in India, many, Various, and fhocking cruelties were committed by the Britifh troops, during the government of ef Mr. Haftings, if not by his orders, at leaft not with- out his knowledge. Thefe vague affertions have not been corroborated by the flighteft evidence. No fuch ftam has at any time been fixed on our Officers and foldiers. Their humanity, and generous feelings for an enemy, have ever been celebrated in grateful drains. It is a fine fea- ture in our national character. I do not mean to extend this praife to every fepoy in our pay. Thefepoys of Afia may poflibly be at times as ungovernable, as brutal, as inercilefs, as the Croats and Pandours of Europe ; but no fingle iuftance of cruelty has been brought home againft any European in our fervice, nor any evidence offered to the Houfe, which can warrant the imputation en any of the troops in our employ *. * In a late Publication, intituled, " An hiftorical relation of the Origin, Progrefr, " and final Difiblution of the Government of the Robilla Afgam in the Northern " Provinces of Hindoftarij" by Charles Hamilton Efq; an Officer in the fervice of the Honourable Eaft India Company on the Bengal eftabliftiment, is the following excellent paflage. " Of all the events which have been made ufe of for the purpofes of crimination. " againft the fervants of the Eaft India Company, none have made a greater figure " either in the national proceedings, or in the perifh;ible publications of the day, " than the Robilla war, and various efforts have been made to paint both the con- *' duft and the confequpnces of it in the moft horrible colours. 44 When, in the perufal of hjftory, we read of vibole nations being extirpated by the 44 Goths, or reoted out by the Vandals, we pidhire to ourfelves a country invnded by 44 a band of fierce and favage conquerors, who purfue the haplefs inhabitants with " indifcriminate maflacre, carry off the few they fpare from the fword into per- " petual captivity, and proceed in their deftruclive career, until the whole ter- " ritory exhibits nothing but a dreary, filent wafte ! 44 Similar to this is the opinion which (from the force and extent of the expref- ' (ions that have b;en applied to it) has been, by many, conceived of the conqueft 44 f f R'ibilciimi. u God forbid that Brlttfb traopt ihould ever be employed in als of fuch deteftable 11 atrocity With refpecl to thofe in particular who effected that refolution, it may ' with confidence be affirmed, that, however high their fenfe of fubordination, how- ever ready at all times to obey the moft perilous orders of their fuperiors, had fuch * a fervice been allatcd to them, they v/ouJd have torne J from it with abhorrence." Preface, p. iz. Sir, Sir, I was very happy laft monday to be in my place, when a right honourable gentleman, one of the Commif- faners for the affairs of India, opened his Indian budget. I heard with great fatisfactionh is juft, perfpicuous, and accurate account of the profperous ftate of the Eajt India Company, both at home and abroad. His fadts were founded; his reafoning ftrong and mafterly. It was a compleat anfwer to all we heard two years ago from a gentleman* near me, againft the temporary fup- fort of a trading Company, wbofe affairs be was PER- FECTLY SURE, would be found on examination, fo compleatly and irretrievably ruined, as to be beyond the reach of any effectual relief, and that ive could not, by any efforts this nation could make, prevent the ruin of tbe Company. I rejoice, Sir, at the prefent flourifhing flate of our affairs in the Eaft, fo truly given by the right honour- able gentleman ; but I defire to remind him, that to the uncommon abilities of Mr. Haflings he owes the fcene, where he may triumph, and that in fpite of all the rivals of Mr. Haflings's power, he will acknowledge with me that the late Governor General of Bengal could alcne have preferved India. I cannot entirely join in his ex- preffion that India is the brigbte/l jewel in our crown. It is undoubtedly a very fine jewel, of great fplendour and * In the introductory part of a Speech in the Houfe of Commons on July z, 1784, publifhed by Philip Francis Efq; it is fakl, page i r. " Mr. Burke earneftly conjured th Houle (June 16, 1784) to be very cautious how they confented to give away the property of their conftituents, for the temporary fupport i -fa trading Com- ' pany, whofe affairs, bt -was ftrft&ly furr, would be found on examination, jo com- f pleatly and irretrievably ruined, as la it btynnd tbi reach of ary tftSual re!i:f\ that 1 by giving it to the India Company, they could only protract the period, but could ' not, by any efforts this nation could make, prevent the ruin of the compaoy." The Coalition in January 1784, lunk Indian Stock tu- T 18. Mr. Pitt raifed it t 171 in May 1787. The Proprieten cannot be at a lofs to decide who are their beft friends. bril- ( 24 ) brilliancy, butfurely not the brigbteft jewel in the triple crown, which our monarch wears. It may indeed equal In value all the jewels in the diadem of one of his three kingdoms, for it is certainly of high intrinfick worth. What acknowledgements therefore are due to the man, who preferved fuch a jewel in the crown, muft be left to the gratitude of his country, and of the Sovereign, who wears the Crown. The Houfe, Sir, will naturally conclude from all the reafoning I have ufed, and the facts ftated, that I lhall ne- ver plead the pitiful and falfe doctrine of zfet-of, of which fo much has been faid. The doctrine of great merits balancing great crimes can never be admitted in a judicial procefs. In the prefent cafe it is entirely inap- plicable. I ft and aloof, and for my part reject it with dif- dain. I think that fer vices of fo important a nature deferve rewards and honours. I maintain that there is no proof before us of Mr. Haftings's guilt, but ample evidence of hisinceflant labours for his country, of his fignal fervices, and merited fuccefs. Juftice, policy, honour, gratitude, plead then ftrongly with us, furely not to impeach, but to diftinguifh and reward national merit in our country- man. I regret, Sir, that the conftitutional word, impeach- ment, fliould now be proftituted to the purpofes of party and faction. The word coalition is fcarcely become mere hackneyed, more odious. We have been amufed with flowery harangues on no lefs than three threatened impeachments. The frjl occupied our attention for feveral years. It was the watch-word of the prefent ac- cufer of Mr. Haftings. He made the walls of this Houfe reverberate the found till a little before he joined the the noble Lord in the blue ribband. He declared that the Articles of Impeachment againft that noble Lord were ready drawn, and in his pocket They have flept there ever fince. The grounds of thofe Articles were not trifling. The noble Lord was accufed of the lofs of half our em- pire, and of the fouleft corruption. Thofe crimes, he faid, were only to be expiated on the public f caff old > to which it was certain, that the tribunal of Juftice would doom the noble Lord. The noble Lord, and the right honour- able gentleman, now join hands in high good humour in the coalition dance. The fecond impeachment was declared againft the brave and fortunate Rodney, on the perfuafive eloquence of fome Dutch Jews, whofe evidence met with implicit faith on a variety of accounts. The Admiral had been recalled in the very firft month of the new adminiUra- tion, almoft in the hour of victory. We have heard no more of that impeachment, but our grateful countrymen are loud in the applaufe of the courage and conduct of the Englifh hero, who captured three foreign admirals, and took fixteen iail of the line from the enemy. The prefent impeachment is in my idea almoft as ridi- culous, but I remember an obfervation of the prefent accufer of Mr. Haftings, which appears to me perfectly juft, that obloquy is a necej/ary ingredient in the composition of all true glory. Sir, I truft that the day of delufion is paft. I have been dazzled with the brilliant eloquence, and capti- vated with the beauty and variety of an honourable gentleman's wit on the fourth charge, lamenting at the fame time the indecent rancour, and coarfe abufe, of fe- C veral ( 26 ) veral expreffions *. But, Sir, he trufted entirely to the rich ttores of a luxuriant imagination, and chofe to in- dulge in all its happy Tallies. The warmth of his glow- ing colours was more to be admired than the truth of his outline. He never condefcended to reafon clofely, nor concerned himfelf about any grave argument, or dull matter of fade. Every auditor was highly amufed : no man was convinced. I waited with no fmall impa- tience, but in vain, for a detail of clear well-eltablifhed fadts, for the evidence of hiftorical truth, fupported by unexceptionable witneffes. No fuch appeal was made; the fole reliance was on the feducing arts of a powerful meretricious eloquence, which was, as it generally is, too fuccefsful. Sir, from the evidence on our table it has been de- tnonftrated, that this/r/2 Report is totally unfounded. I therefore give my hearty negative to its being now read a fecond time. I wiih, Sir, we were fairly rid of this difgraceful bufinefs, which, if purfued, will cover * Mr. Sheridan often loft fight of the refpeift, which every Member owes to the Englifh fenate, as well as to his own character. He brought a raiting acevfatiot againft Mr. Haftings, called him a traitor and a trickfttr, afcrftnt, A fnake, and a /I/a* kite. He compared the Governor General of Bengal's progrefs to Benares and Oudc t to a bigbtujyman 'i Tallying out to Bagjbet and Hounjlow, talked of his wielding & blaedy fee] ttf in one hand, and with the other picking a pocket, and afTerteJ, that, inftead of the fword of Government, he ufed the affaffin'i Jogger, with much other ribaldry. The urbanum, the e/egans, the liberate, which Cicero ftrongly recommends, and Mr. Sheri- dan perfectly vmderftands, were facrificed by him on this occafion to party rancour, at the very beginning of a profecution. He copied too faithfully the modern Cicero. In the printed fpeech of Feb. z8, 1785, page 87. Mr. Burke fays, Benfitld toes a criminal, v>bo Itng finct ought to ba-vt fattened the region kites lu'ttb hit offal. The expreffion is Shakefpearean, adapted to the ftage, to tragedy, to the character of Hamlet againft the inceftuous murderer of his father, but furely highly indecent in the fenate againft an abfent roan, lately a member, not under any accufation. It placet raillery in railing t & Swift fays, and is a favage Indian Warfare, like throwing the tomahawk. 4 US fc with confufion. In order to extricate the Hotlfe e& fectually from the labyrinth of error, in which we are wandering, I (hall, as fodn as the negative, has been given to the prefent motion, according to Parliamentary form, move that this Report be read afecond time on this day fix months* FINIS. Lately put In one Volume, large Oftavo> THE SPEECH O F I L K HOUSE OF COMMONS. pro Libertate. VIRGIL. University of California SOUTHERN REGIONAL LIBRARY FACILITY 305 De Neve Drive - Parking Lot 17 Box 951388 LOS ANGELES, CALIFORNIA 90095-1388 Return this material to the library from which it was borrowed. ELES