ilifornia ional lity UNIVERSITY OF CALIFORNI/ AT LOS ANGELES C: A LETTER TO THE DUKE OF NEWCASTLE, LORD L1EUTEN 7 ANV OF THE COUNTY OF NOTTINGHAM, AUDITOR OF THE EXCHEQUER, &c. &c. Sec. f RESPECTING HIS GRACE'S CONDUCT IN THE DISPOSAL OF COMMISSIONS IN THE MILITIA: TOGETHER WITi'/SOME REMARKS TOUCHING THE FRENCH REVOLUTION; A REFORM OF PARLIAMENT IN GREAT BRITAIN, AND THE ROYAL PROCLAMATION OF THE 2 1 it OF MAY. TO WHICH IS ADDED AN APPENDIX, CONTAINING AN EFFECTUAL PLAN FOR PROVIDING NAVY TIMBER; OPPOSED TO THE DANGEROUS AND UNPROFITABLE SYSTFM OF CULTIVATING THE PUBLIC FORESTS UNDER THE MANAGEMENT OF OFFICERS OF THE CROWN. .By MAJOR C A R T W R I 6 H T. L fTD A': PRINTED FOR J.S. JORDAN, No. 166, FLEET STREET. MDCCXCII. (PRICE T\VO SHILLINGS AND SIX-PENCE.) A LETTER TO THE DUKE OF NEWCASTLE* My LORD, BB g TT)ATIENT as I have been of wrongs -L received at your hands for a long courfe of years, you ought not to be furprifed, that I mould at length, in this public manner, V? 2? addrefs your Grace on the fubject. Although I ever confidered your conduct towards me as highly unconftitutional, and could aflign o for it no other original caufe, than my enter- 9 taining principles of government too found * for thofe abufes and corruptions which you B had 899987 had an intereft in upholding ; yet, until the lad act of your opprefiion, it was difficult to bring forward a direct, unequivocal proof of your motive. It is now in my power : It is in my power alfo to prove, that in the cafe to which I now allude, your conduct was not only illiberal, but illegal ; not only op- preflive, but dimonourable, and unconftitu- tional. Thefe, my Lord, are the charges which I exhibit againft you at the bar of the public : And that public is interested in judg- ing impartially between us. But poflibly your Grace may alledge, that the public, not being your peers, are not your judges. And, for ought that I know, this accufation may be metamorphofed into a breach of privilege; and I, the accufer, may be called before the bar of that right honorable Houfe of which you are a member, to anfwer to that com- plaint. Should it fo happen, my defence, my Lord, would ftill be your crimination ; and at that bar 1 would ftill afTest, that your conduct has been illiberal, illegal, oppreffive, dimonourable, and unconftitutional. I grant, in its fulleft latitude, that difcre- 2 tionary ( 3 ) tlonary power, by which the Lord Lieutenant recommends to, and difpofes of, commiflions. But you, my Lord, in your turn, muft grant, that it is a moral and a constitutional difcre- tion ; a difcretion for the fele&ion of ability and merit ; a difcretion to prevent the ad- vancement of grofs vice or unfitnefs, or to remove them altogether ; a difcretion fo to temper military cuftom, as not to fuffer the dead letter of promotion to deftroy the fpirit which its regularity is intended to cherifh ; in fhcrt, a difcretion to fupply all the defects of law, fo as to animate and invigorate the militia in its duty of national defence. And during the late war, there was another di- tincl: branch of difcretion in your hands, given by an at of parliament, iince repealed, and which difcretion I do not fee in the new militia law ; it was a power of rewarding military merit in time of war, by raifing an officer to a rank above that in which his property qualified him to ferve. Charged as you now fland, it becomes you, then, my Lord, to ihew, that in your conduct towards me from the commencement of the late war to the prefent time, during which you have feveral B 2 times ( 4 ) times denied me promotion, it has been fuch a moral and conftitutional difcretion as I have defcribed, that has uniformly been your guide ; and not fuch a baftard difcretion, the offspring of pique, prejudice, and malice, as ufually occupies the breaft of a narrow- minded man, who is opprefled with a con- fcioufnefs of having acted injurioufly, but wants the fpirit, candour, and generofity to make a manly reparation. More moved than I ought to have been at the paltry intrigues which firft produced a divifion in the corps, I once had fome fmall {hare in over-ftepping what, upon cooler re- flection, I thought the bounds of ftrict deco- rum towards your Grace. But, did I hefitate a moment in making you a conceffion ? the conceffion of a gentleman who, although he could bear, with much indifference, the wrongs of official power, could not fo eafily bear any confcioufnefs of blame in his own breaft. About the time of the firft promotion of an inferior officer over my head, in Janu- ary 17795 I wrote you my thoughts on what had then pafTed. Your Grace anfwered me. <( ( s ) me. My reply and your rejoinder were as follows : " MY LORD, " UPON a reconfideration of the regimental bufmefs of the iyth of December, I am become of opinion, that a tranfmijjion to the Lord Lieutenant of the officers' fenti- ments, as they flood worded in their re- folves, was fomewhat deficient in reipect. So far, therefore, as I was a party to that inadvertency *, (for an incivility was not intended,) I very readily make your Grace every conceflion that can be due from a gentleman ; and on that account I fhall alfo forbear to fay your Grace did wrong in denying me the Lieutenant Colonel's com- " miffion. But obferve, my Lord, I do not *' condemn the Refolutions themfelves, as I * 6 think they were proper ; neither do I re- <( tracl: all my opinion in thinking myfelf injured. I flill referve to myfelf the liberty of judging upon every proceeding which (I iC it * Although prefent at the meeting, the writer was not a fcaeraber of the meeting, as will hereafter appear. " took ( 6 ) " took place from firft to laft, relative to the " matter ; and the fole intention of this let- " ter is to free my own mind and conduct " from 1 every feeling and imputation that u does not meet with my own intire appro- " bation. " I have the honour to be, " My Lord, " Your Grace's " Moft obedient, " Humble fervant, " JOHN CARTWRIGHT." " Marnham, 1779." " SIR, Exchequer, Feb. 18, 1779. " I CANNOT but fay your letter has " given me much fatisfaction, as I am con- " vinced it proceeds from the confcious dic- " tates of an honeft mind. I certainly have " thought myfelf very ill ufed, and I flatter " myfelf I did not deferve it ; and though " you Jlill think, Sir, tfre refolutions them- " felves ( 7 ) " felves were proper, I am happy to find, " in this unfortunate affair, that you difclaim " all intentional incivility to me. " I am, Sir, * " With great concern, " Your moft obedient, " Humble fervant, " NEWCASTLE. " P. S. I hope (notwithftanding all this) my good old friend, your father, will accept my beft wifhes to him." HERE, my Lord, I will keep my word with you. I will not fay, that, after my fhare of the indecorum, fmall as it was, which I acknowledged, you did wrong on that oc- cqftoti in not granting me the lieutenant colo- nelcy. But you muft permit me, in my own j unification, to fay, that the indecorum, fuch as it was, was the confequence of hav- ing feen your Grace at the bottom of the intrigue which I have mentioned, and of a confcioufnefs in rnvfelf that I did not merit 4 the the flight intended to he put upon me. Pof- fibly the indecorum that has been mentioned made it necefTary, in your Grace's judgment, to the vindication of your authority on that occafion, not to permit my claim to fucceed, notwithftanding my juft pretenfions. But let us fee if the officer to whom you actu- ally gave the commiffion, flood wholly free from the charge of indecorum. The fhort hiftory of the bufmefs is this. In the Au- tumn of 1778, the lieutenat colonelcy fell vacant ; I had not at the time a fufficient qualification : It having been always under- ftood, that it was a point at firft fettled and agreed onbetween your Grace and the late Lord George Sutton, our Colonel, that the regular courfe of promotion, unlefs for demerit, mould never be broken ; and his lordfhip having been, until that period, uniformly and uncommonly warm in that fentiment, as eflential to the good of the fervice, there was an evident difficulty in the way of introducing any ftran- ger over our heads, without giving great diflatisfaclion, and doing a ferious injury to the public fervice. Thefe confiderations, however, did not difcourage your Grace from the the undertaking. A plan was formed, and during the abfence of Captain Cooper and myfelf, a meeting of officers was aflembled on the 1 3th of November of that year. The proceedings of that meeting are given in the Appendix *. By the concluding part of them, your Grace's defign was fufficiently evident. I muft alfo give you credit for well underftanding one maxim of policy divide and conquer. I have faid, that on the firft vacancy of the commiffion, I had not a fuf- ficient qualification : I therefore afpired not to the commiffion until parental partiality conveyed to me a fufficient eftate, with an injunction not to wave my claim f. This being done in good time, in anfwer to the query put to me by the aflembled officers at * No. I. f My firft knowledge of the matter was communicated in the following fhort letter from my father : " The inclofed [Appendix No. i.] was this morning re- C eived from Hull, by which you will fee what is hatching " againft you in that quarter. On the receipt of this I beg " you will return hither immediately, a"s I will give you fome- " thing to take with you to Hull, which will inevitably, I " hope, flop their career, &c. I am, &c.'* C the the regiment, I fet forth my pretenfions as~ cordingly. It was then foon feen that fenio- rity and fervice were very fhadowy claims to promotion, and that the intrigue, for break- ing through the rule which had been laid down, was periifted in. The cornmiffion in queftion not being offered to me, and the matter being held in fufpenie, to the dif- fatisfaction of moft of the corps, a fecond meeting of officers, but not at my inflance, nor of which I t was a member , although pre- fent, was aflembled on the iyth of Decem- ber, the proceedings of which will alib be found in the Appendix *. After fome un- pleafant diflentions in the corps, the bufmefs ended in the appointment of Captain Nevile to be the lieutenant colonel. Captain Cooper threw up his commiflion in difguft, but defired to receive intelligence whenever there fhould be a probability of our having to deal with an enemy. On the threatning appear- ance of the combined fleet in the channel, he pofted two hundred miles to join us, and did me the honour to take up his abode in my tent. Such, my Lord, were the men * No. II. whom ( II ) xvliom your conduct drove out of the fervice! Lieutenant Colonel Nevile ferved that cam- paign, and then refigned. Now, my Lord, for the offence taken and exprefled by your Grace at the Regimental Refolutions of the iyth of December in fa- vour of my claim ; the complacency with which you contemplated the former Refolutions of the 1 3th of November, favouring the intro- duction of your fon over all our heads ; and the -corifijlency of that appointment in which the bulinefs ended. By a letter to me, dated the 3Oth January, 1779, (to whic"h mine of the 1 5th of February was in reply,) it ap- pears, that your Grace thought the Refolu- tions of the 17th of December " highly " impolitic, and greatly interfering with the " powers of a Lord Lieutenant ;" and you very properly maintain, " that the " power of filling up vacancies in the regi- " ment is vefted in you alone, and not in " the officers fitting in confultation among " themfelves." Here I am ready once more to repeat my acknowledgement, that fending to the Lord Lieutenant the Refolutions of C 2 the the I yth of December was an indecorum^ and fo far I grant that the officers were " im- " politic ;" but I muft deny that the Refolu- tions themfelves interfered with the power, (by which I mean the moral and coiiftitntional dlfcretion) of the Lord Lieutenant ; whereas thofe of the 1 3th of November, to which I was in no fenfe a party, (and for which caufe, therefore, it feems they gave you no offence^ had very improperly indeed interfered with your authority. I had, it is true, been merely prefcnt^ when eighteen other officers of the corps, with a particular reference to my claim of promotion, had joined in faying, that where there was no demerit, " all rife ought " to go in the regiment ;" whereas Captain Nevile, as a member of the meeting of the 1 3th of November, had concurred in refolv- ing, and even without an exception to demerit^ " that all promotion of officers JJoall go in *' the regiment;" and then, with perfect con- fiftency, but at the fame time paffing by all authority and all difcretion whatever in the Lord Lieutenant, proceeds to join in another refolution, declaring, That in cafe the Major and eldeil Captain mail not qualify, " the " lieutenant ( '3 ) * { lieutenant colonelcy will then devolve to *' Captain Nevile." If that gentleman ever made your Grace an apology for fuch his unqualified invafion of your difcretionary power , (which I never heard of his doing) his forgive- nefs was loon fealed. Not fo that of him who, although not even, ftridly fpeaking, a party in the ad, yet neverthelefs did apologize for a mere indecorum, which he barely (from a fenfe of ill treatment) did not ufe means to prevent. How amiable all this confiftency of conduct ! How noble this proud integrity in the diicharge of official duties ! Nota bejie, by way of Poftfcript to the going Narrative. In a converfation but a few months or weeks prior to thefe tranfac- tions, I was allured by the Colonel, in the prefence of two other officers, that /;/ cafe any thing JJjould happen to Lord Lincoln^ it was a point fettled between the Duke of New- cajlle and him^ that I was to fucceed to the lieutenant colonelcy. The converfation referred to, was on the fubjecl: of the propofed ad- vancement of Enfigns Sutton and Byron fo higher commiilions, on which the Colonel 3 alked 4 afkecl my opinion. I endeavoured to per- fuade him from recommending them, on the folid ground of their being children in- capable of performing even the duties of their inferior commiffions, and therefore by no means intitled to rife by feniority until a little more age had cured that defect. In anfwer, the colonel declared, that " if the " rule was once broke through, there would " be an end to all emulation, and the regi- " ment would be ruined ; that, as Colonel, " it was incumbent on him to ftand up " for the rights of the corps ; and that, not- *' withstanding the Major's objections, which " were ftrong ones, as he himfelf thought " the rule with regard to promotion was of " the firft importance to the regiment, he " muft act according to his own judgment, " &c." How your Grace's notions and mine on the conjlttutional discretion of a Lord Lieutenant are feen to differ ! Thefe youths, to whom I thought it an indulgence to hold the commiliions of Enfigns^ you appointed Lieutenants-, doubtlefs agreeing with the Colonel in the facrednefs of the ride on which their pretentious ftood. But ( '5 ) But at a very early period your attention to the honour of the corps, and your invio- lable attachment to rule in granting com- miffions had been difplayed. Having laid it down as a rule, that, in order to avoid giving offence, the original commimons fhould be difpofed of in regular order, according to the priority of the offers of fervice in each rank refpetively, you perfifted in giving a commiflion to a worthlefs fellow, notwith- ftanding / had informed you of his char after. The fellow afterwards refigned his miffion, to avoid the difgrace awaiting him for a defertion of his duty in a time of danger. Defpairing of ever being able to do jufticc to your fteady adherence to the rule of regu- lar fucceffion, with thefe remarks I mall dif- mifs the account of the firft inftancein which I was fet afide. Not that there is not matter enough behind for a volume, but to the public the tale muft be too difgufting to read, as it would be to me to relate. I have faid that Lieutenant Colonel Nevile ferved ferved in that capacity one campaign, and then refigned. To the beft of my recollec- tion, he quitted camp a day or two before the regiment went into winter quarters ; but I think his refignation did not take place till late in the fpring of 1780. The precife time i$ of no confequence. Your Grace, who, as it has appeared, had relinquished your firft attempt at introducing Lord John Clinton, having however fucceeded in deftroying the regimental harmony, and in a precedent alfo for treating the rank, pretenfions, feelings, and characters of officers with unfeeling con- tempt, no longer reforted to fecret manoeuvres' for affecting your purpofe, but, without cere- mony, appointed his Lordfhip to the vacant commiflion. He joined the regiment, in- camped near Darking, in Auguft 1780, did a few weeks duty, and was never, as I think, prefent with the corps again. In the fummer of 1781, the Colonel in a letter to the Adjutant defired he would in- form the corps, then encamped near Gofport, that the Lieutenant-Colonel (Lord John Clin- ton) had exprefled an intention of refigning ; mentioning ( ;7 ) mentioning at the fame time the name of a gentleman, not in the regiment, who had fo- Jicited to fucceed him. The Colonel, however, thinking it unreafonable, oppofed the nomi- nation, " and recommended the appointment " to go in the corps by feniority." On the i gth of June I wrote to your Grace as follows : " MY LORD, "AS Lord George Suttonhas directed the " Adjutant to inquire what officers of the " corps were qualified for the Lieutenant- " Colonelcy, and would be ready to ferve as " fuch provided there were a vacancy ; and " as his Lordlhip, in a letter to another gentle- " man, has, to my furprize, fignified that he " has been informed by my family, that I " have not put in my claim, by which I con- " ceive he means that I have waved my pre- " tenfions to it, I take the liberty of troubling " your Grace with a line, in order to prevent " a poffibility of any mifunderftanding or " miftake refpedling my fentiments. U J[ have only to fay, that Lord George's 4< fuppofed information from my family muft D "be " be fome error ; for ever fmce I was firfl " qualified to hold the commiflion of Lieute- " nant-Colonel, I never entertained an idea of " waving fuch pretenfion as my rank and " conduct in the regiment could be fuppofed " to give me, for fucceeding to it whenever " vacant. " I have the honour to be, &c. " JOHN CARTWRIGHT, " Major to the N. M. w " Camp, near Gofport, igjunc, 1781," To this letter I do not find atnongft my papers any anfwer ; nor do I remember to have received one. Suffice it to fay, that in February 1782, Mr. Gould joined the regi- ment as Lieutenant-Colonel. This gentleman had ferved in the army, which he had quitted fome time before with the rank of Lieute- nant. By the appointment now fpoken of, your Grace drove out of the regiment another Captain, whofe indignant feelings would not permit him to ferve under fuch treatment; and who had too high a fenfe of honour to fiften. to intimations which had been made to him- felf ( '9 ) felf not perfonally to your , Grace that if he would apply for the commiflion over my head, it would be given him. I fpeak, as your Grace knows, of Captain Sherbrooke ; of whom I muft hereafter fay one word more. In confequence, my Lord, of the new ap- pointmentj I wrote to you again. The copy in my hands is without date, and if in any other refpecl: it be incorrect your Grace perhaps can fet me right. It runs thus : " MY LORD, " AS it is now the third time within about " three years, that a Lieutenant-Colonel has " been put over my head ; and as fo marked " a flight on the part of your Grace, cannot " but occafion fome conclufion, or at leaft *' fome fufpicion to the difadvantage of my " character, I am to requeft, my Lord, that *' you will be kind enough to favour me with " the reafons for the fame. If I knew why " your Grace thought me the only officer in " the regiment undeferving of promotion " when vacancies happened, I might hope to Da " have . have it in my power to remove the caufe; " either by explaining any thing that has " been mifunderftood, or by altering fuch " parts of my conduct as may juftly have 44 deprived me of your opinion. " If any thing in my character as a man, " an officer, or a fubject, has fhewn me to be "unfit for a higher truft in the militia than 44 that which I have poflefled for thefe fix " years and a half pad, I intreat your Grace " to mew fo much candour and generofity as " to mention it. As often as an opportunity " may offer of repeating the fame flight, 41 which on every fuch occafion I muft feel " as an intended chaftifement for fomewhat " in which I have given offence, it may pof- " fibly, my Lord, be right, that your Grace's " power, as Lord Lieutenant, mould be fo " exercifed ; but being fure it cannot be right 44 that any man, how guilty foever, mould not 44 only be publickly, but repeatedly punifhed 44 without knowing his crime, I muft, for the 44 fake of that refpect which I conceive is " owing to the corps I ferve in, and the " county I ferve for, once more intreat your " Grace ** Grace to let me know in what regard I " have {hewn myfelf unworthy of a higher " commiffion, without having {hewn myfelf " at the fame time undeferving of my pre- " fent one. But> if your Grace, by paffing " over me in three promotions, have intended " to hint this to me, I can only fay in return, " that I have not yet been able fo to apply " the hint, as to excite in my mind any con- " fcioufnefs that it is time I refigned the ma- " jority ; which you may be afTured, my " Lord, I fhall do, the moment I mall learn " that your Grace has had a juft and fuffi- " cient caufe for not offering me the Lieute- :< nant-Colonelcy when it was vacant. " I have the honour to be, &c. " JOHN CARTWRIGHT." To this expoftulation, I received the fol- lowing anfwer : " Clumber ^ March 3^, 1782. " SIR, "AS Lord-Lieutenant of the county of " Nottingham, I look upon rnyfelf to be 2 " accountable " accountable to nobody but his Majefty, " for my recommendations of officers, to " ferve in the Nottinghamfhire regiment of " militia. " I am, SIR, " Your moft obedient, " humble fervant, " NEWCASTLE." In thefe epiftles, the characleriftic features of a democrat and an arljlocrat will, no doubt, be difcerned. The former, ungrateful for the paft benefits of good government, re- fractory, audacious, and infolently hinting at rights ; " the latter, mild, paternal, and ex- preffive, not only of the moft tender regard to equity in the exercife of authority, but of a generous fympathy in the feelings of thofe afFecled by it. I come next, my Lord, to notice the va- cancy for Colonel which happened, as I think, in December 1782. Being then, by ^an acceffion of property, qualified to hold that commifiion, I loon after regiftered a qualification accordingly. The fame day, in order order to guard againft the poffibility of igno- rance of that event, I informed your Grace of the fame by letter. Here again I entered with as much temper as before into expoftu- lations on paft occurrences ; taking, in parti- cular, fome notice of an uncharitable fug- geftion which I know to have come from one, differing with me in politics as fire with water, that in cafe I mould be nominated to a higher commiffion, the appointment would not be confirmed by his Majefty. Amongft other things I obferved, that I was not confcious of having fhewn myfelf to his Majefty, or to my country, in any other light than that of a good fubjecl:, a faithful advifer, and a zealous promoter of the true welfare of both ; and that I would ufe my endeavours to difcover whether the King did or did not think of me as has been infinu- ated. And I concluded with obferving, that it could not be agreeable to any man, acYmg zealoufly for the beft interefts for his King and country, to experience either through inattention or mifapprehenfion the treatment 4ue only to enemies. What I have preferred, being only the 6rft rough draught of my thoughts, it is not in my power to give an exact copy of the letter. If I have miftated its contents, your Grace will pleafe to fet me right, In anfwer I received the following note : " Exchequer , I3th January , 1783. "THE Duke of Newcaftle's compliments u to Major Cartwright, was much furprized " at his very extraordinary letter ; after what " had palled between them, in regard to pro- " motion in the Nottinghamfhire regiment " of militia, he could not have thought to " have any further applications from him on. " that fubjecV' Which was the moft extraordinary ; my patience under injuries, or the little cere- mony with which they were heaped upon me, is now fubmitted to the judgment of the public. The vacancy now fpoken of was filled, by the honourable Henry Willoughby, who re- llgned it again laft fummer. But before his appoint- appointment, overtures were once more made to Mr. Sherbrooke, whom I have already mentioned to have been driven out of the regiment in difguft at your arbitrary pro- ceedings, when a Captain. To him was again offered the Lieutenant Colonelcy. As before he fpurned at the offer. What, my Lord, not content wrth infulting me as an officer, with meanly cheating me of an ob- ject of honeft ambition; and, through fo many denials of promotion, ftriking at my very character ; but muft you affail me even in my friend! Muft his integrity be corrupted ! mud his honour be ftained ! and confcioufnefs of bafenefs attend him to the grave, rather than that I (hould not receive a mortification. Fie ! Fie ! Had you fucceetfed there, you had con- quered me indeed. You had effectually driven me from the corps. It had been a ftab I could not have reflfted. Where is the man, capable of daily beholding one whom once he honoured, fallen from the dignity of vir- tue, and the nobility of friendship ! My nerves had been unequal to the tafk. But, thank God, the friendfhips of my life have ever been with men of principle. The circle indeed is fmall ; but it is a circle, under E which which I entertain no apprehenfion of ever being deferted or betrayed. If, my Lord, you can comprehend my feelings on this occafion, you will learn that no part of your conduct towards me, ever beyond a moment excited my anger, I never complimented you with the name of enemy j which includes fome idea of equality and fair lighting. And amongft the mixed emo^ tions of my mind, you may be allured, that compaffion has ever been a principal fenti- jnent. Being now come down, my Lord, to a period which extends fome what lower than the end of the war, let us look back awhile. May I here afk, what part of my regimental conduct it was that rendered me thus unfit for higher rank? Was it that I had been at different times collectively, longer commanding officer of the regiment than any other perfon, that I wanted the neceflary experience? Was it that my abfences from the regiment had been fo rare, and of fb fliort duration^ that I could not be expected to give due attend- ance ? Or, was it becaufe, while the Lieute- nant Colonelcy was in the hands of your two fons, whofe joint attendance did not ex- ceed many weeks in two years and a half of the war, that I had done during the long remainder of that time double duty, that I had no claim whatever upon the gratitude of power ? ^Perhaps thofe gad-fly gentry fo ho- nourably mentioned by the eloquent Erfkine at the laft Affizes at Nottingham*, had teazed you into fretfulnefs at the very men- tion of my name : Perhaps certain commif- fioned gentry f whom, as an officer and a gentleman I was compelled to try by martial law, and who therefore found countenance elfe~ where, had convinced you of my unworthi- nefs. Were either of thefe the caufes of your conduct, or was it true, as fome ima- gined, that what you found not in your own bread you could not conceive to exift in any other ; and that it was not in your nature ever to forgive him whom you had once injured ? Here, my Lord, my readers, notwith- (landing the evidence already adduced, may, * See the Newark Herald of 2 1 ft March, 1792. t Since fuperfeded as unworthy to rank amongft gentlemen. E 1 perhaps, perhaps, form different opinions. Some may think with your Grace, that if you dif- liked my political principles, that alone gave you a right to treat me as you have done. Some, perhaps, may fide with the writer, and condemn your conduct as partial and op- preffive. And others again may imagine, that, independent of politics, there muft have been fome defeats or mifbehaviour on my part as an officer, or a man, that, if known, would juftify all your proceedings towards me. If fuch caufe exifted,. I call upon you to pro- duce it. It is due to your own character to make It known. This call has been either exprefled, or implied, many different times. The fingle inftance, however, which I have already produced ought to have fufficed. An uniform denial of promotion for thirteen years is an implied cenfure of no fmall magnitude. It muft be repelled by fuch evidence and ar- gument as I have to produce. In way of argument, I mall only fay, that if any co- lourable charge to my difad vantage as an of- ficer could have been brought forward, it is not very credible that it mould never have been attempted. Here Here it is proper to take fome notice of nimours once circulated in the county. In December 1781, an officer, on returning to quarters from the county, aflerted to me, in the prefence of Captain Sherbrooke and ano- ther gentleman, that your Grace had made to him certain declarations of your opinions on my. conduct, in bringing to trial an officer who has already been alluded to ; which opi- nions, if actually entertained, I know to be utterly unfounded and injurious to my ho- nour ; I thereupon wrote your Grace a very long letter on the fubject. In this letter, I ftated how openly your Grace's name had been mentioned, as taking under your imme- diate protection one lying under no very trifling accufations, and fo mentioned by that man himfelf ; and of your having threatened me, his profecutor, with the lofs of my com- mifiion ; and I obferved, that " I could not " for the fake of your Grace's honour, can- " dour, juftice, and generofity, give credit to " a tittle of fuch indecent aflertions." I alfo preffed you to inform me, if you had made declarations fuch as had been reported to me, and what was your authority. I appealed to your juftice, and challenged inquiry " in the * "face ( 3 ) '* face of day, that I might not fuffej in " reputation by the aflaffin arts of the fecret 44 and cowardly calumniator." The anfwer 1 was from your Secretary, who, after apolo- gizing for your not writing on account of in- difpofition, fays, " I am commanded to write tain manoeuvre, which, iffuccefsful^ might have Jtruckfome terror into this country, I employed, with the General's permiffion, a day in re- connoitering, and at my return prefented him with a plan of defence. It was fubmitted to the confideration of Admiral Pye, who did not do me the honour to confer with me on the fubjecT:, and who pleaded to the General for not co-operating with him on the prin- ciples of the plan, a reafon which, upon ex- amination^ did not appear to me to be well founded. As the General's own obfervations to to me were verbal, I (hall not repeat them ; but if your Grace ftiould have any curiofiry on the fubjed, it is in my power to refer you to two officers now living, who are not without fome (kill in thefe matters, and whofe teftimony, if it fhould agree, might be thought fomewhat remarkable ; I mean Colonel Deb- bieg and the Duke of Richmond. The Colonel, to whom, at Chatham, in 1782, I fubmitted the plan, did afterwards invite me, in return, to perufe one for the fame purpofe which he had then formed, acknowledging at the fame time, that mine was the bafis of his, and what particularly led him to a con- federation of the fubject. The Duke, in No- vember 1 779, had been pleafed to notice my plan by letter in the following very flatter- ing terms: " I AM very much obliged to you for the " very ingenious and noble plan you have " fent me for the defence of Portfmouth, " which, for the moft part, as well as your " reafonings on the fubjet, intirely coincide " with my ideas. Portfmonth, as well as " Plymouth, ( 4 ) " Plymouth, will be beft defended by, " &c. &c. &c." It was thus, my Lord, that the profcribed Major was wont, as an officer, to conduct himfelf ; and fuch were the men who ho- noured him with tokens of their efteem. Between the feelings of this officer, in thus difcharging with anxiety the duties of fidelity to his country, and the feelings of that Lord Lieutenant who abufed the truft repofed in him, and has continued for thirteen years a mean perfecution of the man he dares not charge with blame or unworthinefs ; be- tween the widely different feelings of thefe men, judge, my Lord, if you can. But, if not my military, but my political conduct was the fole ground of your Grace's treatment, I fhall again appeal to the fame nobleman, now a cabinet minifter, who, I believe, did me even the honour to make favourable mention of my name in his place in parliament, when he introduced the beft prqpofal for reforming the reprefentation of this tins country that has yet been fubmitted to legiflative confideration ; and who, in the mod eflential part of his conduct, ran the fame courfe with myfelf. But I can make a yet higher appeal : I can appeal to tbc ri- ti/b nation ; in whofe fervice, as a fincere friend to its liberties and its constitution, I have not been inactive. In a courfe of many years, and in many eflays that I have pub- limed, I can boldly challenge even malice itfelf to point out a fmgle deviation from the true principles of the conftitution, a fmgle act, or a fmgle fentiment, that has marked me as a partizan of any faction, either in or out of place, or that could bring me under fufpicion of wanting attachment to what ought to be the government of this country, againft 'what it //, fo far as concerns the peopled mare of it. I confefs that what I have written has been, what fome would call one continued libel, and the greateft of libels becaufe it was true. Even amongft our re- formers I have never deferted principle-, I have always fleered clear of party ; and fup- ported no interefts but the interefts of truth, G juftice, ( 4* ) juftice, and freedom. It has been my re- proach, that I was fo immovably rivetted to the abftract perfection of our conftitution y that I obftrudled the fyftems for gradually aboli/bing the abufes of reprefentation. That,, in conjunction with a Jebb, a Lofft, a Sharp,, a Batley, a Martin, and many others, I did,, in all feafons, (as I think,) prudently contend for the conjlltution if/elf^ inftead of this man's- fancy or that man's conceit, is now a fatisfac- tion to me that would be ill exchanged for all the coronets upon earth, and a ftiield which no dart your Grace can invent for wounding my political character will be able to penetrate. Nor need I, my Lord, flop here; for I cart farther appeal to both Rritain and America* While ftatefmen and orators concerned them- felves little farther about America^ than as furnifhing pretences under which they covered their own contention for power ; and while with them all turned upon Jtate ex- pediency that offspring of hell it was my employment to {hew, that taxing America by ( 43 ) by the Britifh Commons, was unconftitutional ; that coercion was tyranny ; and that a volun- tary grant of independence would be our greateft wifdom. Before America claimed her independence, I afierted her title to it ; and the popoial prior to tbefpilling of a drop of blood, of An Independent Ftederal League^ was mine. What this Tingle, healing, falutary meafure, continuing the profits and bleflings of peace, faving near two hundred millions of treafure, and preventing the effufion of blood would have effected, is now fufficiently known. It was, however, liable to one objection, which, until pointed out to me by a Prefident of Congrefs, I had not feen in its full force: " It would have rendered the foederated " countries too flrong for the repofe of the " reft of the world." On humbler ground, too, I am not without evidence, that where the public good was con- cerned, I have ever been ready to promote it. To every fucceflive adininiftration, from the year 1771 to the prefent time, I have invariably communicated the plan for dif- G 2 pofmg ( 44 ) pofmg of the Royal forefts, which will be found in the Appendix *. From a voluminous Report of a Committee of the Houfe of Commons in 1771, on the fubjects of forefts and timber, and of re- ftraining the Eaft-India company in the fize of their fhips, it had appeared, that a want of national timber was to be apprehended ; that depredation, abufe, and incroachment, were daily leflening not only the timber of the forefts, but the property of the public in the forefts themfelves ; that full-grown oaks, ftems, limbs, branches, to the very fag- got-ftufF, fometimes dlf appeared in the courfe of one tiight ; and that all the expenfive attempts under ats of Parliament and the fervants of the Crowtiy to effect a profitable cultivation of oak, had uniformly proved in the end vifionary project or lucrative jobs ; for want of its being made men's w r ifdom to be honeft, and for want of a f elf -inferring principle in the plans capable of counteracting the fapping * NO. in, ( 45 ) and undermining influence of private intereft, or the deftructive effects of future indifference and neglect. To obviate thefe inconvenien- ces was the object of the plan. Its merits in that, and in other refpects, are now left for the public to decide on. Many private per- fons have thought well of it. The fentiments of official men have never been made known to me. It was fhewn, by the defire of a friend, many years ago, to Dr. Douglafs, fo eminent for ability and literature, and now one of the ornaments of the epifcopal bench. When the writer afked his opinion of it, his anfwer was, " I fear we are not now- a- days " honeft enough for fuch plans." I (hall only mention two inftances more, my Lord, in matters connected with my original profeffion, wherein I have endea- voured to render myfelf iervicable to the pub- lic* One was, in offering a plan for railing the Royal George ; of which the firft Lord of the Admiralty obferved to the Duke of Richmond, that, in his judgment, it appeared to be the beft which had been tendered. I afterwards heard that fome objections were ftarted ( 46 ) flatted to it when read in the Dock-yard, up- on which, with many others, it was laid afide. But what plan, for fuch a purpofe, ftruck out in a few hours on the firft fpur of the occafion, could be free from defect ? I had not indeed offered it as perfect, but merely as containing the great principle of the operation, and the outline of the execu- tion. If thefe were comprehended, I fuppofed that I might be applied to for removing ap- parent difficulties. Having in view neither job nor reward, I merely tranfmitted it to government without preffing it upon official attention; and, by the countenance afterwards given to the fcheme of an adventurer, whofe propofed power bore no fort of proportion to mine, I fuppofed it might be this caufe that configned my plan, and perhaps ftill better ones, to neglect. I mean no reflections upon the Dock officers, whofe duties, I dare fay, left them not time for difcuffing a tenth part of the plans fubmitted to them. The error, I think, was in the fuperior board, who mould not have impofcd fuch an extra talk upon men who had already more than enough upon their hands ; but ought to 3 have ( 47 ) have collected a fmall number of mathemati- cal men, engineers, and diftinguifhed mecha- nics, for examining and reporting upon fuch plans as might come before them, The other inftance, was, in propofing a mode, explained by drawings, for the taking, in a few feconds, at any time of the day, plans of two hoftile fleets, while manceu- vering or engaging, fo as to be able to lay before government or the public, a ftate of facts fufficiently correct for every neceflary purpofe, particularly on the trials of admi- rals. The great confufion and uncertainty thrown over the trials of Byng, of Mathews and Leftock, and of Keppel and Pallifer, have fufficiently (hewn the want of fuch a plan. This laft, rimmed haftily, was fent to a fea- officer then commanding in chief; but I know not his thoughts of it. Whether thefe feveral plans, or any of them, have any intrinfic' value, is not the queftion : Neither is it to the point, whether any exertions on an object of infinitely more importance have been wifely or unwifely di*- reeled. rented. They are only mentioned merely to {hew, that the author of them was fo far from being unworthy of all truft or encouragement, or hoftile to the public interefts, as your Grace's treatment of him tended to infmuate, that, unfolicited, unemployed, unpaid, and, in fome inftances, at great labour and expence to himfelf, as well as to the neglect of his private affairs, he has long and frequently laboured as a volunteer to promote various public objects, and the beft interefts of his King and country. Ill would it become him to fpeak. of thefe things did he not ftand, by implication, in the fituation of an accufed per- fon ; and accufed of wanting fidelity where he trufts that he has particularly given of it the inoft convincing proofs. Will your Grace be pleafed to inform the public of your vo- luntary and unpaid fervices ? Being now, in your turn, the accufed ; charged with abufing a public truft for private malice, or for ibme caufe you dare not name, it will be no violation of modefty to produce them. Having thus cleared the way, it is full time that we come to your Grace's laft proceed- ings ( 49 ) ings againft me, viz. your giving, in Septem- ber laft, to a Captain in the regiment the Lieutenant Colonel's commiffion j and your attempt, at the fame time, to fuperfede me, by the actual appointment of another Major. It is in the firft of thefe cafes that I charge you with having acted difhonourably ; and in the laft with having proceeded illegally. I fhall alfo fhew that the motive avowed for fetting me afide was nnconjlitutlonal. Let my witneffes fpeak for themfelves. Nottingham^ iqtb May, 1791. " DEAR SIR, " I AM extremely forry to hear the acci- a dent you have met with is the caufe of " our not having the pleafure of feeing " you, &c. &c. " " I received a letter yefterday from the " Duke of Newcaftle, informing me Colonel " Willoughby had refigned the regiment, and " that his Grace intended me the honour, " on his Majefty's approbation, to fucceed " him. I flatter myfelf you will accept the H " lieutenant ( 5 ) " lieutenant-colonelcy ; which the Duke pro- " mifed me in the winter you fhould fucceed " to *, &c. &c. " I remain, dear Sir, " Your moft obedient " Humble fervant, " E. T. GOULD, " Lieut. Col, Nott. Militia. " To u Major Cartwright." In the year 1778, it was only it feems, fettled between your Grace and Lord George Sutton^ that I was to fucceed ; but here, my Lord, on the evidence of a man of honour, is eftablifhed a direct prpm'ffe. " Qottingbaniy Aug. iQtb 1791* " DEAR BROTHER, " I THIS day received a meflage from " the Duke of Newcaftle, through Mr. Jack- * If I were in any degree indebted to the interference of Colonel Gould for this promife, I fhould be glad to know it, and to acknowledge fuch a mark of his attention. " fon, ** fon, to inform me, that as you had attended .** the Revolution dinner of the i3th ultimo, *' he could not, confidently with his political " principles, promote you to the vacant Lieu- * l tenant-Colonelcy of the Nottinghammire *' Militia ; and therefore, as he wiflied not *' to have any correfpondence with you on 41 the fubjedl:, he requefted of me to commu- * c nicate his determination to you. This * l being the cafe, I prefume you will rengn ** immediately. " Your affe&ionate brother, " GEORGE CARTWRLGHT." Refign ! No, my good brother, nothing tike it. It is more agreeable to me to make knaves wince under my correction, than laugh at my pettifh folly, And fo your Grace was heartily tired of my correfpondence. I fmcerely believe it. How unfortunate you are ! The more pains you take to get rid of me and my correfpon- dence, the clofer I ftick to you, and the more I pefter you \ H 2 ( s* ) Extract from the London Gazette, from Satur- day Nov. igtb to Tn -ej "day Nov. 22^, '1791. " Commiffions in the Nottinghainfhire Rer " giment, by the Lord Lieutenant. " LieutenantrColonel Edward Thoroton " Gould, to be Colonel, vice the Honoura- " ble Henry Willoughby, refigned. Dated " June 22, 1791. " Thomas Charlton the younger, Efq. to " be Lieutenant-Colonel. Dated Septem- " ber 1 3th, 1791. " Auguftus Parkyns, Efq. to be Major. " Dated September I3th, 1791. " Samuel Wright, Efq. to be Captain. Dated " May 1 2th, 1791. " Henry Coape, Efq. to be Captain. Dated " September 1 3th, 1791." You know, my Lord, that on the firft va- cancy for a fuperior commiflion, above thir- teen years ago, I regiftered the neceflary qua- lification ; and that, after the deceafe of my father, I likewife regiftered a qualification for ( 53 ) ior ferving as Colonel. Your Grace alfo knows that I have more than once, in order to counteract miftake, report, or trick, written to yourfelf, to mew my readinefs to ferve in a higher capacity. Now, my Lord, I muft requeft to .be in- formed, how my dining at the Crown and Anchor tavern on the I4th of July laft, ab- folved you from your promife to me, made through Colonel Gould ? After all that I have related, doubly facred ought that particular promife to have been held. Does your Grace recollect that in a Peer's honour is included even his religion ? When others de- pofe on oath, he declares on his honour; which is held equivalent to calling God to wit- nefs his veracity. But where the nobility of moral principle is wanting, in vain mail we call on artificial nobility to fill its place. It is but too manifeft, that the promife in queftion was the mere effect of mame for paft con- duct, and not of any regard to juftice; and prompt indeed muft you have been to break it, when you did it on a pretext, which proves only, that a native love of tyranny was fufficient in a moment to obliterate in your ( 54 ) your mind a fenfe of moral obligation. But, to return to the dining bufmefs, I am yet to learn that, for an Englishman barely to re- joice that his fellow-creatures in any part of the globe have obtained a blefTmg, is either criminal, or unconftitutional. It is, how- ever, methinks a little unconftitutional, for ' ' any one avowedly to exercife the powers committed to him by way of punifhing actions fo innocent. And I prefume too, that fuch exercife of power is alfo oppreffive. If the Have traders had had equal power with your Grace, how puniminents would lately have flown round this land ! How the criminal wi/Jjes of the people would have been chaftifed ! But fome perfons are fo eccentric as to think, that criminal perfons are thofe who exercife or abet injuftice or oppreffion of any defcription. Here, my Lord, I would farther afk, in whofe favour, and under what circumftances, was this promife of the Liutenant Colonelcy made ? Was it not one whofe political fenti- ments you perfectly knew ; to one whom you knew to have vindicated American re- fiftance ; and to one whom you knew to have facrificed, ( 55 ) facrificed, to thofe principles, the faireft prc- fefiional profpe&s * ? Had you not alfo known the * It was a facrifice that cod the writer fome tears. But 'tis better to part with' tears than principles. Offered a com- miflion to ferve in the fliip of a commander in chief whofe profefiional character he held in the highefl eftimation ; under whom he had been trained ; and to whom he had at former periods owed great obligations ; and having at the fame time a partiality for a naval life ; it could not be oil flight grounds that he declined the offer ; efpecially when that com- mander expreffed a full perfuafion of being able to bring the American difpute to an amicable couclufion, without making ufe of the force entrufted to him. The event, however, (hewed that the writer judged properly, in declining a com- mifiion which muft have brought him into the dilemma, of either drawing his fword againft America, which he thought unjuft ; or of refigning his commiffion on the eve of battle, which others would have thought dimonourable. He mould not have written this note, had it not been to ex- prefs to Lord Howe, that the impreflions of his goodnefs to the writer on that and many former occafions, have never been weakened in his bread ; although fome untoward circum- ftances unfavourable to the election interefls of his Lordfln'p's brother in the town of Nottingham, might pofllbly excite in his Lordfliip's mind an idea that they had. The writer's firft introduction at Nottingham, as a candidate acceptable to the gentlemen in that town, who interefted themfelves in favour of a parliamentary reform, was at a period when /'/ couu/ r^i interfere with the interefls of Sir William Howe. The con- nexion continued, however, till it did interfere : But it was a connexion ( 56 ) the activity and exertions of that man in the caufe of parliamentary reform ; and that his enmity to the abufes in our reprefentation had never abated ? If to fuch a man, your promife of the Lieutenant-Colonelcy was made at Chriftmas 1 790 ; it is a tafk beyond my {kill in cafuiftry, to fhew how you can juflify the intentional breach of that promife at Mid- iummer in 1791, feeing no alteration what- ever in the principles or practice of the per* ion in quft ion. Is it, then, the honourable tenure upon xvhich every gentleman is to hold his com- miffion in your militia, that he prefumes not to rejoice but when you rejoice, nor to weep but when you weep ? Is he neither to exprefs his fatisfattion when other nations become free, nor to open his lips in favour of the liberties of his own country ? But at all events I conclude, that he muft make no at- tempt to remove abufes in the reprefentation of Great-Britain, be they ever fo fcandalous, connexion on principle ; not on perfonal, or on party grounds. Thofe are motives which, in public concerns, never did, nor he trufts ever will actuate the writer. Even his own debts of private gratitude, he fhould think himfelf a difhoneft man if he could confent to pay at the expence of the public. 5 or { 57 ) or productive of ever fo much injury to the rights, the interefts, and the morals of the people; fo long as your Grace remains a borough-holder, and of courfe one of thofe ******* who defpoil the Commons of that reprefentation in parliament which belongs to them alone f Thefe are ferious queftions which my brother-officers, and thofe of the whole Englilh militia, will do well to confi- ider, as becomes their importance. It becomes them, as well as myfelf, to fpurn at the knavery and infolence of office, employed to root out from the militia all independency of mind. It becomes every man of us to ex- prefs his indignation, whenever treated as the property of a court dependent, pofleffing not fufficient virtue to be himfelf the friend of either civil or religious freedom ; nor wif- dom enough to fliut up and conceal that want of virtue within the dark and narrow cell of his own bofom. I mail not, my Lord, de- fend the propriety of my language, when I fay your militia. I only aflumed on that oe- cafion the language of the court, which will be exemplified in the following anecdote, years ago,, a nobleman, foon after his J acceffion acceflion to the family title, paid his compli- ments at court, where he was thus addreffed ; " You live, I think, in the Duke of New- " caftle's county." He indignantly repli- ed ; "I live, Sir, in the county of Not- '* tingham." With refpedr. to the appointments quoted from the Gazette, I have to obferve, that, not admitting a particle of blame in my own conduct on the I4th of July, I had a claim not only upon the Lieutenant-Colonelcy, but upon the higher commiffion itfelf. It is true, that I could not have had it without paffing over the head of Lieutenant Gould ; but had not I been Major to the regiment fix years and a half before he came into it ? And was not the commiffion then given to him, due to me ? If thefe be truths, my claim to the commiffion of Colonel was as much ftronger than his, as juftice is to be preferred to injuftice ; not to remark, that my claim was equally well-founded, when that com- miffion was before given to Mr. Willoughby. Nor fhall I fpend time in farther obferva- tions concerning the appointment of Lieute- nant nant Colonel Charlton ; but pafs on to that of a new Major. This act, my Lord, does as much honour to your head, as the others have done to your heart ; and that is faying a good deal. Where you thought you had thus accomplifhed at once two favourite ob- jedts to mortify and to difmifs the man whofe long continuance in the regiment had been fo painful to you, great I doubt not was your felf-congratulation. But, my Lord, if I can read plain Engliih, your triumph I think will be fhort ; for, with fubmiffion to your better judgment, I beg le^ive to offer it as my humble opinion, that, your whole pry?^ ceedings were utterly illegal. Your Grace, it is true, had heard of an At of Parliament paiTed in 1786, which fays^ that the Lord Lieutenant of every county, at the end of every five years may remove one Field Officer, and one third of the Captains, Lieutenants, and Enfigns, refpedively ; but either the labour of reading that law, for in- ilrudions how to proceed, was too great an effort ; or you had a mind to {hew the De- puty Lieutenants with how much contempt I 2 you ( '6. ) > you could treat them ; and the world in ge-* neral, that the law of your own will was much fweeter to your palate than the laws of the land, although it were ready to do the very bufmefs you wanted. Or did you, my Lord, really mean to be guided by the fta- tute, and take opinions upon its interpreta- tion ? If fo, your advifers, inftead of being learned in the law, muft have been creatures that could not read. No words can be ^plainer than the words of this Adi. And its fpirit is equally vifible. Refpe&ing the mat- ter under confederation, I find as follows: viz. Extracts from a Statute of 26 Geo. II L, c. 107, entitled, "An At for amending, " and reducing into one Ac"t of Parliament,, " the laws relating to the Militia in that part " of Great Britain called England." i. The Lieutenants " Shall alfo appoint a proper number of Colonels^ Lieutenant- Colonels, Majors, and other officers, quali- fied as hereinafter-dire&ed, to train, difci- pline, and command the perfons fo to be armed ( 6. ) armed and arrayed, according to the rules, orders, and directions hereinafter-mentioned, and fhall certify," &c. xin. And be it further ena&ed, That the clerk of the peace of every county, riding, and place, fhall, and he is hereby required, to enter the qualifications tranfmitted to him according to the directions of this aft upon a roll, to be provided and kept for that pur- pofe, and to caufe to be inferted in the Lon- don Gazette the dates of the commiflions, and names and rank of the offipers, together with the names of the officers in wbofe room they are appointed, in like manner as commiflions in the army are published, &c. xv. And be it further enacted, That the Lieutenant of every county, riding, and place, together with any THREE or more Deputy Lieutenants, and on the death or removal, or in the abfence of any fuch Lieutenant, and FIVE or more deputy Lieutenants, may, at the end of every five years, at their an- nual meetings to be holden as hereinafter is directed, in cafe the militia of fuch county, riding, a riding, or place, mall not be then embodied, difcharge fome one field-officer of each regi- ment or battalion, and fuch a number of ' officers of each inferior rank, in each regi- ment, battalion, and independent company, as fhall be equal to the number of perfons who fhall have given notice in writing to the Lieutenant of fuch county, riding, or place, one month at leaft before fuch meet- - ing, that they are willing to ferve as Field- officers, Captains, Lieutenants, or Enfigns, as the cafe may require : Provided always, that the number of vacancies to be made by difcharging fuch officers fhall not exceed one third of fuch officers who fhall have ferved for the fpace of five years in each rank re- fpecliively : Provided alfo, that nothing here- in contained fhall prevent any officer ferving, or who has ferved in the militia, in an infe- rior rank, from offering himfelf to ferve in a higher rank, if he be qualified to ferve in fuch higher rank. xvi. The Lieutenant fhall appoint a clerk of the general meetings. XVIII, ( 63 ) xvin. And be it further enacted, That general meetings of the lieutenancy of every county, riding, and place, fhall be holclen in fome principal town of every fuch county, riding, or place ; and fuch general meetings fhall confift of the Lieutenant, together with t'wo deputy Lieutenants at the leaft, or, on the death or removal, or in the abfence of the Lieutenant, then of three Deputy Lieu- tenants at leaft, of every county, riding, and place refpectively ; and one fuch general meeting fhall be holden within every county, riding, and place, ANNUALLY, upon the LAST TUESDAY which ihall happen before the 24th DAY OF OCTOBER in every year; and the Lieutenant, together with any tivo Deputy Lieutenants, or (on the death or re- moval, or in the abfence of the Lieutenant) any three Deputy Lieutenants of any county, riding, or place, when and as often as they Ihall find neeeflary for carrying the purpofes of this Act duly and fully into execution, may fummon, or caufe to be fummoned, other general meetings of the Lieutenancy, on any days to be fixed by fuch fummons, pf which days, and the places of holding fuel} ( in whofe room Lieutenant-Colonel Gould was appointed Colonel : And at the point of time now in queftion, when I ivas to be re- moved) there were but two field-officers in the regiment ; of which number one is fome- what ( 7' > what more than a third part. Hence, as it fhould feem to me, there was neither a ne- ceffity for the removal of a fqcond field-offi- cer, nor was it warranted by the act. But I will not fay in what light that neceffity nor the meaning of the act, might appear to your Grace, who feem to have entertained fuch accurate notions of the fpirit of the law, and to have ftudied its letter with fuch lauda- ble induftry. As the cafe now ftands, and provided the appointment of Major were legal, inftead of the removal of one field offi- cer, all three have been removed. Colonel Willoughby removed himfelf; Lieutenant- Colonel Gould was removed, when advan- ced ; and then the Major was removed, when he was fmuggled out of the corps. But, to refume a little ferioufnefs, I would now defire your Grace to reflect, whether a Lord Lieutenant acting upon thofe public, difmterefted, and dignified principles, which out to be infeperable from the execution of every high national and conftitutional truft, would not act with true confiftency, and agreeable to a juft fenfe of the peculiar deli" cacy ( r- ) required in carrying into effect that par- ticular part of the militia-aci: now under con- federation, were he to requeft the attendance at the annual general meeting above-men- tioned, of all thofe officers whom it appeared f roper to change. Would it be too much, my Lord-, after the honeft labours of many years, to be treated at their removal like gen- tlemen ; to receive a formal, folemn, honour- able difmiffion in the public meeting of Lieu- tenancy, appointed for the very purpofe of t'.^ir removal. Would it be too great a fa- vour that the words of the difmiffion mould convey to their minds a fatisfactory aflurance, that it was a removal necefTarily flowing from the operation of the law itfelf ; and that fuch acknowledgements mould then be made of their fervices, as they might be en- titled to receive from their country, through its official organ the Lord Lieutenant, either inperfonor by deputy? Methinks, my Lord, that feme fuch decent ceremony would have fugg'rlted itfelf to an honourable and feeling mind, called upon to officiate on an occasion of fo much delicacy. But what a contrail do the late proceedings exhibit ! The Lord Lieutenant ( 73 ) Lieutenant refpects neither the officer to be removed, the Deputy Lieutenants to be con- fulted, nor himfelf bound to fupport an high official character: The fpirit of the law is flighted; the letter, difregarded. But iuppofmg your Grace's intuitive know- ledge, as an hereditary legiflator, to prefent thefe matters to your mind in a different light from that in which they ftrike mine ; yet furely, my Lord, the habits of your life, as a nobleman, inuft have impofed it on you as a mere act of good breeding, to have di- rected at leaft an official notification to have been fent to a Field officer whom you had fu- perfeded in confequence of the Act of Parlia- ment! If I am to underftand that, by the appointment of another Major, I am fuper- feded, to this hour I have received no fuch mark of your politenefs. I mould humbly conceive, that your fteward is not quite fo deficient in good manners, when he gives his difmiffion to one of your fcullions. But what civility am I to expect, when no one provifion of the Act of Parliament, which it was your duty to have obeyed, met with the L flighteft ( 74 ) flighteft refpect at your hands. Even the very form of the publication of the five ap- pointments in the Gazette, is contrary to the exprefs words of the Act, and to ufage in fix particulars. Sure never poor Act of Par- liament was fo contemptuoufly dealt with! The Act pofitively requires, that in the pub- lication of the changes in the Gazette, it fhall be expreiTed in tvbofe room each officer has been appointed. This tingle injunction is difobeyed in no lefs than four inftances; and, in particular, my name no where ap- pears. This feems the moft extraordinary of all your omiffions. No Roman victor ever forgot in his triumph, to exhibit at his cha- riot wheels the principal perfonage whom he had fubdued. But perhaps your magnani- mity made you rather make free with an Act of Parliament, than cruelly expofe to the public eye, him whom in your imagination you had vanquilhed. It is amufing to ob- ferve how ufage is attended to, in mention- ing the rank of the officer who is made Co- lonel, viz. Lieutenant Colonel Gould; but when the officer now made Lieutenant Co- lonel is mentioned, bis rank of Captain is not noticed. ( 75 ) noticed. The refigning Colonel Willoughby, as the Act enjoins, is properly mentioned : But \kzfnpcrfeded Major is, as I faid before, fmuggled and kept out of fight. Having thus followed your Grace, ftep by ftep, through the Militia Act of 1786, and through the London Gazette, I cannot avoid making one obiervation; although it is fo obvious that it muft occur to the mind of every attentive reader. To all fuch as, like your Grace, may have only heard of this Act without having read it; and who may have known no more of it, than could be collected from your manner of carrying it into execution, it might well be taken to be, " An Aft for garbling the Militia of England " once in every Jive years, fo as to render the " officers of the fame completely fubfervient to " the 'will and pleafure of his Majejly s Lieu- " tenant of each county refpettively" Am I to fuppofe, my Lord, that you bad read the ftatute in queftion, but would not venture before the Lieutenancy of the county, to bring forward your meafures ; nor to give L 2 me ( 76 ) me an opportunity of facing you in a Gene- ral Meeting? If this were really the cafe, it will only aggravate what is already too bad to look on. When the national militia is to be thug garbled; and when, in fo doing, the law of the land for preventing fuch practices is to be thus trodden under foot, it is high time that thofe to whom it belongs to preferve refpect to the government, mould look to fuch grofs abufes of delegated power. For the mere acceptance of the Lieutenancies of counties, where the abufe of power in mak- ing the changes lay with the minifter, we re- member to have feen Lords Lieutenants themfelves removed. They mould not, therefore, be too certain that their own abufes of power and difgraceful acts, will efcape without rebuke. In the cafes alluded to, noblemen *, in- deed, were the injured perfons ; whereas, in * The Earl of Pembroke and the Marquis of Caermarthen, now Duke of Leeds ; and, I think, alfo, the Duke of Bolton, had been treated in the fame way. ( 77 ) the prefent cafe, it is only a mere private gen- tleman. What difference that may make in the eye of the cabinet, I am not able to judge: But if my perfonal and oft-repeated injuries be not alone fufficient to bring down the fcale of juftice to a balance; there re- mains to be put in, the infringement of the authority, and contemptuous treatment, of the whole Deputy Lieutenancy of the county of Nottingham; and the infult given to the dignity of the legiflature itfelf, in the direct and indecent violation of an Act of Parliament. In a cafe cognizable only by a body ofjuf- tices^ in Quarter Seffions, fhould &fmgle ma- giftrate prefume, in his own clofet, to pre- judge the point, to pronounce a decifion, and thereupon illegally to injure any man, in his office or his reputation; on afllgned motives utterly unconftitutional; and with he fouleft fufpicionsof premeditated malice; would not the Court of King's Bench foon teach that corrupt magiftrate the difference between legal oppreffion, and an upright ad- mininration of law ? For other corrupt ma- j there are other controuling powers. It ( 78 ) It now only remains that I fum up the evidence adduced in fupport of the charges exhibited in the opening of this letter ; viz. that your Grace's conduct in appointing a Captain of the regiment in September laft to be Lieutenant Colonel ; and at the fame time fuperfeding me by the appointment of another Major, was illiberal, illegal, oppref- five, difhonoitrable, .and unconstitutional. I have proved, under your own hand, that at the very commencement of the period I have reviewed, viz. in January 1779, you yourfelf bore teftimony of my integrity as a man, I have alfo produced fome other teftimo- nies equally refpectable, in fupport of that character ; and which likewife tend to mew, that, as an officer, my conduct was not barely unimpeachable ; but had, indeed, met with fome fmall tokens of approbation from perfons of high reputation. I have fhewn too that, notwithflanding fuch an unimpeached character, and the juft claims of my rank and fervices in the regi- ment, ( 79 ) ment, prior to the appointment of Captain Charlton to be Lieutenant Colonel in Septem- ber 1791, you had at different times fuccef- fively put over my head three other Lieute- nant Colonels and two Colonels. And I have brought' evidence moreover, that to my temperate yet earneft exhortations to know in what I had rendered myfelf un- worthy of advancement, and why my cha- radter was to be ftruck at by repeated flights put upon me, the only anfwers I could ob- tain were always to this effedi that it 'was your will and pleafure to do as you bad done. Then, not to lay any particular ftrefs upon its having been in 1778 fettled between your Grace and the Colonel that in cafe of a vacancy for Lieutenant Colonel I was tofucceed, I have eftablifhed \.\\zfacJ, of that commhTion hav- ing been laft year promifed me by your Grace. And having thus eftablifhed that fad, it follows of courfe, that when that promife was given, you could not have intended to remove me from the regiment. All All thefe points being clearly eftablifhed, the Gazette (hews, that, inftead of keeping your word of advancing me in the regiment, you employed your power to put me out of it; in a mode highly reprehenfible in every point of view, and by which the grorTeft violations of a plain law, not capable of mif-conftruclion, were committed; and wherein the common decencies of behavi- our between gentleman and gentleman had not even been attended to. Thus, my Lord, I have made cut, that your conduct to me as a gentleman, has been illiberal \ as an officer, opprejjive: That your breach of promife was dijhonourablc, and your appointment of another Major illegal. And who can doubt, but that to proftitute a high national truft repofed in you, to punifli an act perfectly innocent, was unconftitu- tionaL Hitherto, my Lord, I have purpofely avoided any obfervations on the French Re- volution. But as my rejoicing in that event has, by your Grace, been imputed to me as a crime ( 81 ) a. crime, it is not fit that I mould be Client. Miftake me not, however, my Lord. I am not going to labour a defence. I am not about to plead in excuje of my conduct. No: It is with other feelings that I mail fpeak of the French Revolution. Being a phenome- non in human affairs of fuch extraordinary magnitude, and involving in it confequences of fuch infinite importance to our fpecies, it has, in all its ftages, been an object of anxi- ous attention to the citizen, the ftatefman, and the philofopher. To behold a gigantic and horrible defpotifm, in a feafon of pro- found peace, ficken and fpeedily crumble, by mere natural decay, to its diflblution; while from its afhes, with ere'Ct mein, and a heavenly dignity of afpect, was feen rifing the fair and enchanting form of a free ftate, was a fpectacle truly calculated to command the admiration of men, to excite inquiry into its true origin, and to intereft the wife and the good in the completion of a vifion fo delightful. Seeing many millions of my fellow creatures fuddenly redeemed from a cruel fervitude degrading to the human fpe- cies, my heart leaped with joy, and the tear M of of extatic gratitude to the Difpoferof events, gliftened in my eye. Revolving in my mind thofe flow but certain advances of reafon,. that progrefs of fcience, that extenfion of thought, thofe jufter notions of man's rights, and the irrefiftible power of truth, which* maturing by imperceptible degrees the feeds of renovation, had fo long been preparing France for a change; and referring all fuch fecondary caufes of events to their true original, the Firft Great Caufe of all; HE it was that I confidered as the true and proper author of a revolution in human affairs fo beneficent, fo grand, fo aftonifhing. Acting, my Lord, under fuch impreffions, I have no apology to make, for peaceably meeting like- minded mCfi, focially to enjoy fatisfactions fo pure and exalted. Did I not fincerely rejoice in the French revolution, I mould not dare to call man my brother, nor God my heavenly father. But my admiration, my Lord, is not a blind idolatry. And although I confider the event, when taken all together, as a glo- rious difpenfation of Divine Providence, to improve the virtue and to promote the happinefs happinefs of mankind, yet I by no means hold it to be inconfiftent with this idea, that it partakes, as I think in a few inftances it does, of the imperfection of man, the imme- diate agent in giving it being. He who through ignorance, or a mere blamelefs ftupidity, fees nothing in the French revolution to infpire joy, is an object of my companion ; but with regard to him who hath difcernment for making moral and po- litical diftinctions, and yet declares a general tlifapprobation of that revolution, nothing but the utmoft exertion of charity can per- fuade me, that he doth not willingly deceive himfelf. There are, however, thofe whofe induftrious and multiplied mifreprefentations on this occafion ; whofe fcandalous perver- fion of facts, of hiftory, of reafon ; whofe apoftacy from former profeflions ; and whofe infamous attempts to calumniate the patriots of France, as well as to revile all thofe in England who rejoice at the revolution ; there are thofe I fay, whofe conduct in all thefe particulars has ranked them in my eftimation with the moft mifchievous, and moft wicked M 2 of ( 84 ) of men. To a certain malignant attack in particular, upon the venerable Price, in whom were fo confpicuoufly united- the vir- tues and graces of the honeft man, the firm patriot, the mild philanthrophift, the en- lightened moralift, and the humble chriftian, it will be difficult to find a parallel in the an- nals of human depravity. It was not, in vi- rulence of language, even furpafled by thofe who, on a former occafion, reviled and per- fecuted that MASTER, of whom Price was fo true a. follower. And from the very words of the calumniator of Price, we are but too well warranted in amiring ourfelves, that, had the power been equal to the will, we had feen on the occafion a crucified reformer ; his life a facrifice to the fame diabolical paffions, as once exhibited to the eyes of mankind a crucified Redeemer. While many of the wifefl amongft men, in the French revolution behold a luminary mounting in the firmament of reafon, to dif- pel the heavy clouds of fuperftition, mifgo- vernment, and oppreffion ; Mr. Burke feems tot to be ftruck blind by this fudden burft of light, curfes its fource, and can hail this re- fplendent fun, only " to tell him how he " hates his beams !" With thoufands, and with tens of thou- fands, aye, with all Europe's millions, I hope again and again to celebrate the birth of that conftitution which came to fave a great kingdom and enlighten a world. To Mr. Burke be it, with hideous bowlings, frantic geftures, bigot rage, and impious incitements to war and carnage, to honour the obfequies of a fallen defpotifm ! His be the praife of attempting to grace the funeral pile of the departed, whom he fo devoutly adored and fo pathetically laments ; with the wreck of a new-born freedom, with the mutual flaugh- ter of brethren, and with the tears, the groans, the blood of mangled Europe ! But the proud Pharifee acts in character. So long as A GOVERNMENT OF COMMON HO- NESTY AND COMMON SENSE approached no nearer than America^ he was only /- yuardly chagrined; but no fooner do we hear as it were in our very ifland, die heaven- rending ( 86 ) rending fhout of emancipated millions, vi- brating on the eaftern breeze, and proclaim- ing a like government in France ; no fooner do we fee from our cliffs the bright banner of French freedom waving to England its friendly falutation, than, at this near ap- proach of danger, his inmoft foul is troubled and appalled. Labouring with gloomy and diftradled thought, for a while he broods over his " dif contents" in fullen filence. Vi- lions of popular freedom, fo hateful to his fight, haunt his pillow. The rights of man, as evil genii, harrafs his tortured imagin- ation. Thofefrancbifes of the Engl'i/Jo people, " TO WHICH RATHER THAN CONSENT " HE WOULD BE TORN IN PIECES BY " HORSES," approach, and fill him with agonies inexprefiible. And, in prophetic vifion, he fees, with blood-chilling horror, his darling GOVERNMENT OF MYSTERY AND CORRUPTION, together with his cob- web doctrines of ariftocratic connexion, civil difcretion, reprefentation without election , and and the reft of that fublime nonfenfe in po- litics, which it has been the labour of his life to inculcate, all fwept away by the breath breath of TRUTH, like chaff before the wind; and even the Higb-prieftbood of Impojlure it- felf, that glorious object of human ambition, on the point of extinction. What is to be done ? Defperate the cafe : Defperate muft be the remedy. May not one man's fophif- tries extinguish in a moment the light and learning of ages ? May not one man's fub- tilties, filence at once the common fenfe of nations ? And may not a fmgle orator, by a fmgle oration, roufe all the European na- tions, in the caufe of tyranny, to commit a fdo de fe ? Cannot his eloquence perfuade all human paffions to change their objects ; and command even time itfelf to roll back two centuries and leave man once more a bigot and a (lave ? Such are the mad coun- fels of rage and defperation. Forlorn, in- deed, the hope : But periih freedom ; perifli the human race ; rather than that an high- prieft mall be humbled ! " Better to reign in hell, than ferve in heaven." On a fmgle throw, the frantic gamefter flakes his all. Friendfhips ; principles ; political confequence ; literary fame, and moral character ; all, all are fet upon the die. The die is caft, and all is . 3 As ( 88 ) As the whole of the French Conftitutiofl is before the public, let every one think for* himfelf. It is my prefent purpofe only, to notice its general ejfeis on this fide of the 1 water. That it has given a fevere fhock to all thofe who are interefted in the abufes and corruptions of our own conftitution, is ma- nifeft from their inveteracy againft it, from the proftituted labours of the newfpapers in their pay, and the artificial clamour they have in vain endeavoured to excite againft that conftitution. On the other hand, like the awakening and animating trumpet of the morn, it has broken the {lumbers of the En- glim reformers, and rouzed them to a re- newal of their generous labours : and it has awakened in the people an attention to their rights. The fpirit of political reform, bot- tomed on juftice and truth ; maintained with manly reafon ; and conducted with peace, order and wifdom ; which is now fo confpi- cuoufly rifmg, and fo rapidly fpreading through the land, juftify both parties in the opinions they have feverally formed on this great event. Political popery and impofture have received the mortal wound. Their re- maining teaming ftruggles, will be the mere convul- fions of death : But they will die as they have lived ; uttering to the laft moment no- thing but myftery, lies, and words of de- ception. The hour, however, is at hand, when they mall perilh. And in the fame hour, the Britim people mail demand and recover their rights ; and. mall " re-inflate the " conjlitution upon its true principles *.'* Not even plaufible concejjlon will now, in my humble opinion, put the people off their guard j and compromife will be received as infult. Their demand is THEIR RIGHTS. They are taking their caufe into their own hands. They want no patrons : And their FRIENDS will be their ftrvants. Their ope- rations are infallible ; their ftrength will foon be invincible* They peaceably aflbciate. They exercife their own understandings on their own concerns. They are comparing the two fyftems of government now oppofed to each other. Can any one doubt of their preferring that of COMMON HONESTY AND * Addrefs to the Public from the Friends of the People. N COMMON ( 9 ) COMMON SENSE, to that of MYSTERY" ANT> CORRUPTION I Contemplating the maimed,, mutilated, mangled, and wretched condition to which their reprefentative body is re- duced ; and viewing with indignation the fcanty fragments and loathfome offals, which is all of freedom that they tafte, who can fuppole, that they will deny themfelves the delicious banquet of complete- conftitutional liberty,, when they fhall fee it in their power t to fit down to it ? The MajerVy of the Peo- ple has too long been reduced tex the condi- tion of a mendicant, fubfifting on- the crumbs that fell from the tables of wealth and pride ! Amongft the other occupations of the aflc>- dated people, they are inquiring into the- different p retentions to moral character, of the petty fwindler of merchandife or furni- ture ; and the noble fwindler who gets into his clutches more or fewer feats ia a certain aflembly, of which no man of integrity can* make a property. They are alfo reviewing,, and making their comments upon the RED- BOOK. It was the red book of France, which in { 9' ) m the opinion of every honeft man, damned the antient defpotifm. How a Britifh go- vernment of MYSTERY AND CORRUPTION will ftand a difcuflion of -our oivn red book, remains to be feen. In my judgment, that book is an impudent record of open bribery Y7/f- mcnl How long will Englijhmen endure the fhame of feeing their Houfe of Reprefenta- tives a {hocking contraft to models fo pure*! * In February 1 780, Sir G. Savile moved for a full difclofure of the PENSION LIST. It was refifted by the Minifter, who moved and carried an amendment, by which the fecret part of the lift was ftill kept in the dark* The minority on that quef- tion was 188 : The majority only two more, viz. 190; and eompofed as follows : Penfioners, avowedly fo, - 6 Contra&ors - 14. Placemen - - 94 Sons of do. and other very near connexions 26 Members under no vifible influence - 50 190 Here, then, had the uncorrupt principles of impannclling end challenging a jury prevailed, the minifter, inftead of ftifling inquiry by a majority of two, would have loft the queftion by majority of one hundred and thirty-eight, It ( 94 ) It is a Houfe that muft be reformed ; or, fare- wel to the liberty, and to the glory of this country: A country that was once the land of men daring to be free; and whom neither fraud nor force could bind in chains. Having thus given your Grace a fketch of the prefent fpeculations of the people, I have only to offer you a friendly hint, that it is high time you difpofed of your borough property, although you took for it no better payment that affignats; fince I verily believe that an Englifh borough will not be worth a groat, by the i4th of July, 1794. Your Grace has told me, that you could not, " conjijlcnt with your political principles" make me Lieutenant Colonel of the militia. Hence it mould feem, that the political prin- ciples of one of us muft be bad enough. By your talking, my Lord, of yours, I fuppofe you will have no objection to their being brought into comparifon with mine, which you have infmuated to be unconftitutional. Should I make any mif-ftatement, your Grace, I hope, will have the goodnefs to correct me. You know the book, in which it is faid, ( 95 ) faid, that every tree is known by its fruit. By the fame rule we muft judge of princi- ples. As many of the fruits of mine are in the poffeffion of the public, I fhall rather at prefent ftate my principles negatively than pofitively; by mewing that they would not, and will not, permit me to do, than what they have produced or are hereafter likely to produce. My principles, then, my Lord, have never fhifted with the wind of power, nor difpofed me to truckle to the ilrongeft party. Will your Grace inform us, what fettled minifter you ever oppofed ? My principles, my Lord, would not permit me, a fea-officer with fome profeffional en- thufiafm, to violate the liberty, nor to fpill the blood, of a fingle unoffending fellow citi- zen; nor to accept of promotion in fuch a caufe : Yours, more flexible, allowed you, a nobleman of large pofTeflions, to devote whole nations to unconditional fubmiflion, or to (laughter; and to pocket a poundage upon the nation's unexampled expenditure. But the hour of reflection, and its aweful medita- tions may come. Imagination may. have its . unwelcome intruders. Vifions of flaughtered citizens ( 96 ) citizens and of a pillaged nation, will not contribute to repofe. Again: My principles, my Lord, when urged by the moderate reformers, never would permit me, nor ever will, to compromife away one atom of the rights of the commons of Great-Britain: While your Grace's, it Ihould feem, can reconcile to your notions of integrity, a little of that fame noble fwind- ling that has been fpoken of; by means of which your yea-and-nay automatons have feats in the Houfe of Commons, where they uniformly exhibit in the puppet-mew exhi- bitions of every fucceeding minifter *. With principles fo oppofite, it is no wonder we could not agree : Nor am I furprized that you thought me a dangerous man a very dangerous man. * If I am rightly informed, one exception mould here be named ; as report fays, that during the whole of the laft par- liament, a gentleman fat for one of your boroughs very much again/I your inclinations; in confequence of certain pre-engage- ments which, prior to the memorable coalition, you had thought con-lenient to enter into, and from which you were not afterwards permitted to recede. 3 , Since ( 97 ) Since your Grace and I, in the year 177^, had a certain converfation, which I am per- fuaded you have not forgot, times and fa- fhions in opinion are greatly altered. Little did you then feem to forefee American Inde- pendence, French Liberty, or that change for which England is now prepared. It is time that your politics, like your plate, fhould be moulded to the new fafhion. And you will do well to prepare yourfelf for refting contented with your fmgle feat in the Houie of Lords. Confidering -that the conftitution allows the Peers one entire branch of the legiflative authority, and the laft re- fort in our jurifprudence to themfelves; be- fides the garnim to thefe fubflantial dimes, of titles, coronets, privileges, precedencies, and a voluntary refpedt and deference where- ever the refpetlable part of them appear; methinks that in a nation of eight or nine million of fouls, thefe exclufive and heredi- tary advantages, poflefled by two hundred andforty-fevenperfons, might fatisfy a rea- fonable ambition. Your eftates are not men- tioned as any peculiar advantage pofTefled by your order over the Commons; but yet your O titles, C 98 > titles, we all know, have an intrinfic pecu- niary value in the market of matrimony,, and in the Regifter-office for fervants at St. James's. Be fatisfied, therefore, with that which is your own j and peaceably reftore what you have ufurped, before k be refumed by its right owners in a tone of difpleafure- It may yet be reftored with the grace of pay- ing a compliment ; and even of conferring a favour. How much more pkafant and re- putable would it be to the Britifh ariftocracy, to fecure to themfelves a portion of that ho- nour and affection beftowed upon true patriot reformers, than to fubject themfelves to a fcandalous profecution, as invaders of right y and as the receivers arid holders of that which has wrongfully been taken from others ! A conviction, my Lord, on fuch a profecution, in the high-court of public opinion might, in tbefe inquifitive andfcrutiniz,- ing days, be attended with confequenees ex- tending beyond mere reftitution. If conflitu- tlonal jujiicc mall not fpeedily be done, there is no knowing how the conftitution itfelf may fare in the end. Should it perifh through the pride and tyranny of an ar'iflo- ( 99 ) , obftinately determined to refift the peopled juft claim of a fair reprefentation in their own Houfe of Parliament, it is foe that ariftocracy to confider, what place they would have in a new fyftem. Amongft the difcoveries of thefe pregnant times, it has teen found out, that men may live and thrive without Lords ; that the fun will fhine and the dew will defcend, where there are none but equal citizens to partake of thefe blef- fmgs ; and that even good laws can be made, and juftice well adminiftered, without either hereditary legiflators or hereditary judges. On thefe difcoveries, my Lord, the arifto- cracy of this country will do well to ponder. Some men in the ariftocracy, and fome very ariftocratic men, affecl: great difpleafure that the people in their fpeculations (hould ever exprefs themfelves, as if it were poftible that human fociety might be well governed without an ariftocracy. But if the ariftocra- cy of this country have (hewn themfeives deadly and inveteterate enemies to popular freedom, by perpetually undermining the de- mocratic citadel j and if, after the efforts at O 2 reform reform that have been making for near twenty years paft, and the warnings which thofe efforts have afforded, they ftill perfift to ad: the fame part, pray who are moll to blame ? They who complain of a violation of the conftitution, and an invafion of their liberties ; or thofe who, deaf to thefe com- plaints, continue their treachery and injuf- tice ? They who after fuch experience and fuch provocation, hint that an ariftocracy might well be difpenfed with ; or that arif- tocracy itfelf, for not mewing by its conduct that it will henceforth be content with its own conftitutional pre-eminence, and that the inftitution is actually compatible with popular freedom ? Were it indeed neceffary that either popular freedom or ariftocratic authority mould perifh, there can be no doubt which ought to fall the facrifice to the fafety of the other ; But conceiving that they are not incompatible one with the other, I wiiri only that the weaker party would take advice ere it be too late, I truft, my Lord, that by the frequency which I quote the Britifh Conftitution, 3 * it will be feen that I do not agree with Mr. Paine, in denying that in theory we have one. To him it muft, indeed, be conceded, that we are not poftefled, as in America and in Trance, of a folemn compact of the people themfelves, made at once for that purpofe ; and rendered as it were vifible and tangible, by having been committed to print. I would to God we were | But though our conftitu- tion hath as it were no tangible body and we are left to collect itefpirit as we can, from the principles and maxims fcattered in our law books ; yet it cannot be denied that a conftitution in theory exifts, if it be granted that the people have a right to a fair trial by jury, and to a genuine, uninfluenced, repre- fentation in the Houfe of Gommons. If it be denied that the people have thefe rights ; then, indeed, we have no conftitution that I know of. A proper fhare in the power of making the laws, and a fecurity from op- preffion in the application of thofe laws, are of themfelves a conftitution. Much mere I know is neceflary to be afcertained ; but in the confufion of our fyftem, and in the con- flict of doctrines and opinions upon the in- ferior ferior points, who is it that fhall delineate a Britifh Conftitution, which all fhall receive and acknowledge as fuch ? Contemplating, then, our conftitution, in the purity of its principles, and in the tendency of thofe prin- ciples to render the nation happy, few I be- lieve have been greater admirers of it than myfelf : But beholding it, at the fame time the fubject of perpetual cavil, difpute and mifreprefentation ; the prey of the fouled abufe ; the perverted engine of oppreflion ; and even the very cloak of a inoft potent defpotifm ; none have more lamented its cor- ruptions, nor more ardently contended for its reform. In America and in France doubt and ob- fcurity is done away. The whole conftitu- tion of France, digefted and arranged under proper heads, is contained in a little manual ; what is conftitutional and what is not, is fettled in 'a moment, on almoft any point that can arife. Here a Frenchman learns, without the fophiftries of lawyer or ftatef- man, what is the extent of prerogative ; the duty of minifters ; the province of a judge. ; the the right of a jury ; and in fhort, the whole of the conftitution. In vain would an Eng- limman ranfack his whole library for the fame information ; although Blackftone him- felf were on the fhelf. Enough, I prefume, has been faid to {hew, that although all that had been done in France, and every particular of the new conftitution, did not meet with my entire admiration, yet that, upon the whole, the revolution appeared to me fo tranfcendently glorious in itfelf, and fo highly beneficial to mankind, that it merited the admiration and the praife of all, men. If, on human actions, we are to with-hold approbation untill we difcern perfection, on what {hall our admira- tion be beftowed ? Where fhall we find ob- jects of praife ? But furely a conftitution whofe broad foundations reft on the Rights of Man ; a conftitution which embraces the interefts, the fecurity, and happinefs of every citizen, of a great empire, is deferving of our warmeft admiration, and our higheft praife ; and is a caufe of joy more fubftantial than ( '04 ) than ever arofe amongft men, one only ex- cepted : It is fecond only to the univerfal conftitution of chriftianity, which embraces at once the happinefs of every citizen of every country. Rejoicing, therefore, in a bleffing to mankind fo extenfive as the revo- lution of France, was actiag only as became a chriftian and a man : But the enemies of human freedom and happinefs in this coun- try ^ who had employed on the occafion, all the infiduous and wicked arts of mifreprefen- tation and calumny 3 and who had alib dar- j * ed to throw out menace, for the purpofe of intimidation, had made it a fort of duty of patriotifm, to mew a contempt for their in- folence, and an example worthy of future imitation by the friends of the conftitution, and the liberties of this country. Such, my Lord, were the principles on which I at- tended the dining meeting at the Crown and Anchor Tavern, on the I4th of July, 1791, for the purpofe of celebrating the anniverfary of the French Revolution. It remains for your Grace to explain thole " political prin- ciples" of yours, which you have afligned as your your reafon for putting forth the arm of au- thority, to punifh me for fo doing. The punifhment, thank God, fits light enough upon rne : But, had there been a Baftile into the fecret caverns of which I could have been caft, it is not quite fo clear, that I fhould have had this opportunity of making a re- turn for the many civilities which your Grace has fhewn me. According to the moft ex- cellent logic of fome Englim courtiers, to rejoice that France has built up a conftitu- tion, is to manifeft a defire of pulling down the conftitution of England. It mould rather feem, that the admirers of fuch builcFing tip of conftitutions, muft be amongft the advo- cates for repairing and upholding our own. And by an inference equally clear, perhaps we may difcover who are the parties that ac- tually do confpire the overthrow of the Bri- tifh conftitution. Can any man wifh to re- eftablifh the antient defpotifm of France, without fecretly defiring a fimilar defpotifm, {in faff, though not perhaps in appearance,) to be eftablifhed at home ? But with regard to individuals, againft whom there is alfo P the the ftubborn evidence of faft, to prove to the utmoft of their power, they have -un- dermined the conftitution ; that they have poured into the Houfe of Commons a corrupt ariftocratic influence', when, I fay, the fair prefumption of this fecret defire and confpi- racy, combined with fuch an overt ad: of treafon againft the conftitution, can be al- ledged againft any man, that man cannot ef- cape the confequence of the fair and natural inference to be drawn from thofe premifes. Whatever perfection may be attributed to our conftitution in theory , the firft outline of which prefcribes a legiflature by King, Lord*) and the reprefentatives of the Commons, the facl: we know to be, that our legiflature in practice is no fuch thing ; but confifts of King) Lords, and fomething that it is difficult to exprefs. The folly, the abfurdity, the ini- quity, and the ufurpation, which go towards the compofition of this fomething^ I hope we mail have fully ftated to us in a new work juft published, entitled, " An entire *' and complete Hi/lory , political and perfonal^ "of I0 7 " of THE BOROUGHS of Great Britain" Suffice it however to remark, that if any thing infteadoffat reprefentative of the com- monalty is become a third branch of the le- giflature, REFORMATION is WANTING. A conftitution pretended to be one thing, and actually being another, is a direct cheat; and thofe who defend fuch cheat for the fake of a perfonal gain thereby, are not only im- poftors, but fomething elfe that needs not to be named. The money of the people taken by government upon the votes of men only pretending to be the people's reprefentatives, while in fad: they are the tools or the auto- matons of the crown, the ariftocracy, and the borough-holders, is, to all intents and purpofes, money obtained under falfe pre- tences. In common life, fuch obtaining of money is attended with punimment and in- famy. How it ought to be confidered while it is the practice of minifters, the public is left to its own opinion. In the Hi/lory of the Boroughs which I have mentioned, I truft we may learn how P 2 many many of the gentlemen fitting in the Houfe of Commons, are YOUR GRACE'S REPRE- SENTATIVES; became we mall then fee the magnitude of that flake which you have to defend againft innovators ; and may alfo have foine grounds wherein to calculate the value of the Aitditorjlrtp of the Exchequer; of which, although the duties are yours for life, in vir- tue of your patent, we have been told that the emoluments are at the mercy of the mi- nifter. When your Grace, by a fort of in- ftinctive impulfe, took the right fide, and your reprefentativeS) lefs fagacious, took the wrong one in the coallition ftruggle, the in- Jlant rcfignation of their feats that followed that event may have afforded the Author of the work referred to, no very weak illuftra- tion of his proofs, as to the property or the patronage which difpofes of the feats for the boroughs alluded to. Here, my Lord, I muft introduce a few obfervations upon an old phrafe now again coming much into ufe. Having Having a flake in the country has been urg- ed, to prevent men of property from becom- ing reformers. It certainly is a good reafon for ftudioufly feeking the peace and happi- nefs of one's country. But how is that fo effectually to be done, as by reformation ? Who has the greatcft ftake in the country ; he who -has moft 'wealth^ or he who has moft bappinefs in it ? Are the largeft eftates and the fineft houfes criterions of the greateft ftake ? No fuch thing. He whofe aflbci- ates are the moft enlightened and the moft amiable of the community ; whofe life is a courfe of fteady virtue ; and the ruling prin- ciples of whofe enlarged mind are, fearlefsly to promote whatever he conceives to be agreeable to the Divine will, and beneficial to man ; has an intereft in the peace and happi- nefs of his country, as fuperlor to the mere man of wealth, as his purfuits are fuperior to thofe of ambition, voluptuoufnefs, or diffipa- tion. He is impelled to feek his country's happinefs through the medium of a pure con- ftitution ; and the peace for which he wifhes, is the peace of freedom. He knows of none none other that deferves the name of peace. In the filence and fubmiffion of Haves, there is peace indeed to tyrants ; but the tyranny which caufes this filence and fubmiffion, is a perpetual war, and an unceafing oppreffion upon the whole community. Now the ftake of him who has only wealth without virtue, may, naturally enough, tempt him to oppofe reform. He has an intereft in favouring thofe corruptions which give to wealth an unjuft confequence and in- ordinate power. The more corrupt the go- vernment, the more eafily he can have his boroughs, and fhare in the public plunder ; the more places and penfions, commiffions and livings, he can difpenfe amongft his re- lations and creatures. A free ftate may have no charms for him who has only grofs appe- tites and fordid paffions to gratify. Under an arbitrary government it is, that faction and a vicious ambition are eafieft gratified ; that blood-fucking avarice, and the infolence of bafe-mindednefs are in their element ; and that pride, pomp, and vanity, find the moft agreeable ftage to ftrut on. Here the legifla- tor ( III ) tor can confume his nights at the gaming- table, or his days amongft dogs and horfes, without interruption, and without reproach. But ftill, the true queftion is, does wealth without virtue render a man as happy as the perfon with whom he has been contrafted ? If not, his ftake in fociety is not fo valuable. Hence we may learn how to interpret the language of men who plead their Jlake in the country^ as their reafon for not aiding re- form. To conclude : When, on a day facred to liberty, your Grace lhall again condefcend to commiffion your fpies, to watch my fteps and to report where I dine, I will not fail, my Lord, if you defire it, to tranfmit you the animating toafts that are drank ; the noble fentiments which glow in every breaft, and fparkle in every eye ; and the reforms in the ftate on which the company may con- verfe. In return, my Lord, the only favour I {hall requeft, will be a full difplay of thofe " political principles," which would not per- mit you, in an honourable caufe, to keep 2 your your word; but which do not prevent you from Jlabbing to the vitals the conftitutlon of your country. I have the honour to be, My Lord, Your Grace's Moft obedient May 22, 1792. Humble fervant, JOHN CARTWRIGHT. POSTCRIPT. POSTSCRIPT. June 4, 1792. HAVING examined the Minifter's opinions and declarations fet forth in the Proclamation of the 2ift ult. and having more than doubts of their wifdom, as well as more than fufpicions of their tendency to injure the Conftitution, and to prejudice the liberties of my country, I feel it to be the duty of a . citizen to inveftigate them with care, and to fpeak of them with freedom. A part of one paflage in the publication is fo excellent, that it feems as if there had been an intention to have followed it up with mat- ter equally good, but that, in the confufion occafioned by the difpute with the Chancel- lor, this intended addition had been omitted and loft. The Minifter has made his Ma- ( "4 ) jefty fay, " And whereas there is nothing " which we fo earneftly defire, as to fecure " the public peace and prcfperity, and to pre- " ferve to ALL our loving fubjecls the full " enjoyment of their RIGHTS and LIBER- " TIES, both religious and civil :" Here might have been expected fome compliment to thofe who have imitated the former con- duct of the Minifter, by flopping forward ia the caufe of Parliamentary Reform, as the fureft foundation for permanent " peace and profperity ;" and afTurances that his Majefty and his Minifters would co-operate with them to the utmoft of their power; AS, DOUBT- LESS, THEY OUGHT TO DO. How a man's religious RIGHTS are to be fully enjoyed, while not permitted freely to communicate with his Maker in his own manner, without experiencing civil durabilities, or being fubjecT: to legal penalties, it is fomewhat difficult to underftand. Nor is it eafy to comprehend what is meant by the full enjoyment of the civil RIGHTS of a People, who for the moft part are utterly deprived of either a fhare, or a pretended mare, in the appointment of legiflators ; ( "5 ) legiflators ; while the apparent {hare of the fmall minority who perform the farce of elet- ing, is rendered of no value by the ufurpa- tions of others. Neither is it poffible to fee how our LIBERTIES are to be preferved, un- lefs the Houfe of Commons be not only free- ly elecled by the mafs at leaft of the people, but perfectly free alfo from any influence of the Peers or the Crown. If, indeed, we have no unchriftian, and oppreffive diftinc- tions amongft us refpecting creeds ; and if we are truly and effectively reprefented in the Legiilature, then indeed we are in " the full " enjoyment of our rights and liberties, both " religious and civil :" But if, in thefe two eflential points, the contrary be notorious, what are we to think of the defign of this modeft Proclamation \ Does not Mr. Pitt know the grievous de- fects in the reprefentation of the Commons ? Are not thefe the very evils which he pledged himfelf, as a Man and a Mimfter^ if poflible, to remove ? And muft he not know this to be the true CAUSE of the " jealoufies and " discontents of the people ?" If there be Q2 any any clamour amongft the children of the State, it is for the wholefome bread of reprc- fcntation. Will he then advife their father, inftead of this bread, to give them a ftone, or a canon ball ? Or does he expect to fatisfy the cravings of their hunger, by an empty fpeech, or a high founding hollow proclama-. tion, modeftly afierting that they have nq caufe of complaint \ If any writings have been circulated, which were calculated to raife " groundlcfs " jealoufies and difcontents," filence but the real ones by DOING JUSTICE, and thofe which are groundlefs will foon be heard of no more. And if the writings fuppofed to be alluded to, meaning thofe of Mr. Paine, contain any abftract fpeculations on govern- ment, from whence it might be inferred that in his opinion, a Conftitution of a different form from that of Britain, deferves a pre- ference, is it corififlent with the virtue and wifdom expected in a Minifter, or even with common fenfe, to leave that conftitutioa mangled by wicked abufes, and difgraced by loathforne corruptions, which will juftlfy fuch preference ; ( "7 ) preference; inftead of inflantly reftoring it to its true principles, and then holding it forth in comparifon ? Is not thus to bring the Con- ftitution into the conflict with its load of difeafes upon it far worfe than fedition ? Is it not treachery of the fouleft kind ? Ill then does it become the hypocrite who ats fuch a part, to attempt plucking out motes from the eyes of his brethren, while he refufes to pluck out the beam which is in his own eyes. Could the Proclamation have contained a difTolution of Parliament, and an invitation to the people to have elected a body of re- prefentatives in juft proportions to popula- tion, and in the choice of which " ALL" his Majefty's " loving fubjecls," mould have taken their part, would it not have charmed to filence all difcontent, and laid at reft every fpeculation which carried the mind beyond the line of our antient Conftitution,? Peace, unanimity, joy, and happinefs, would have beamed through the land ; and diftant indeed might have been the day, when any belides the philofopher in his clofet, would have cmeftioned queftioned whether hereditary privileges v ere or were not, beneficial in a State. So little do the public in general bear an enmity to nobles, merely as fuch, that the people, we may reft aflured, would have no objection to a very confiderable increafe of the number, provided it were made fubfer- vient to a public benefit. As there is one way in which fuch an increafe might be a means of reftoring the conftituticn, I fhall propofe it. In order to reconcile all defcrip- tions of our prefent electors, and borough-, holders, to a complete and equal reprefenta- tion of the people, let each body of electors, once for all, elect as many Peers of the realm as they now return members to the Houfe of Commons; and confer, if they choofe it, thefe elective Peerages on the higheft bidder. Each county to elect two Dukes ; a city, two Marquifles ; a populous town corporate, two Earls ; each univerfity, two Vifcounts ; and every borough, as many Barons as they now choofe burgefles. London, of courfe, four Marquifles ; and Scotland, Peers of fuch 3 rank ( "9 ) rank and in fuch proportion as mall be equi- valent to its proper reprefentation. A fuita- ble qualification in property and character on the part of the candidates, might be necefia- ry to prevent a degradation of the peerage. All difputes concerning borough patronage would be prevented by the plan itfelf : for if a borough-property would command the elec- tion, the proprietor would have the peerages to difpofe of; and if his patronage or afcen- dency were only partial, he would come in for fuch precife fhare of the profit as that pa- tronage was worth. Such elective bodies as are actually free, might either confer the honour gratis, or fet upon it a price, and apply the money to fome public and ufeful purpofe. As thefe Peerages no doubt would fetch large fums, I think the electors and borough-holders, now that a fpirit of reform is abroad, and the RIGHTS of MAN are fo well underftood, would very gladly embrace the offer. Thus a complete reprefentation might be had without a murmur, and with- out coding the nation a farthing : Whereas, by Mr. Pitt's plan of 1784, had it been adopted, adopted, a very imperfecl: reprefentation was to have coft in the firft inftance ONE MIL- LION of public money, and additional fums in future; The plan now offered would complete the reform at once ; whereas the Minifter's plan would have been tedioufly progreffive, and fubject to have been over- thrown before fully iecured ; and even if it ever arrived at full completion, would ftill have left a great majority of the people un- reprefented, and the elections under the cer- tain influence of the Ariftocracy* In refpect to thus fetting up honours to fale, it need only be obferved, that honours in a ftate have often been fold lefs honour- ably ; not even excepting thofe difpofed of towards fupprefling the Ulfter rebellion ; an evil no way dangerous to the Conftitution. As foine of the many Peerages confered by the prefent Minifter have been to proprietors of boroughs, it is to be hoped, that in cafe the hint now given mould be adopted, thofe no- ble perfonages would not demand to be twice paid, but allow the Peerages already receiv- ed to be fet off in the account. Were Were it poffible for his Majefty to be well advifed in this matter, it mould fee m that no objection to free Parliaments could occupy bis bofom ; unlefs he had loft his recollec^ tion, and all fenfe of the affection fhewn him by the people in the times of his own perfonal diftrefs and danger. Can he forget his two narrow efcapes from facl 'ious combina- tions in two corrupt Houfes of Commons^ in the memorable coalition and regency ftruggles? Can he forget the people s indignation at the treatment he on thofe occafions received ? Can he forget the manifeftations then given, that, although factions, and Minifters, and Kings, by iniquity or oppreffion, may ren- der themfelves the objects of public cenfure, royalty itfelf, conjlitutionally exifting and acl- ing^ is yet dear to the people of this country ? If the people's conduct towards their King on thofe trying occafions can be ungratefully forgotten, or mould thofe unequivocal in- ftances of attachment fail to convince him of his own perfonal fafety in their conftitutional freedom, neither would he believe though one rofe from the dead. And can the pre- R fent ( 122 ) fent Minifter himfelf look back to thofe t, Lieut. J. SMI tH, d'tto S. HILL, ditto. 3 PRESENT. F. G. BYRON, Lieut. FR. SUTTON, ditto THOS. COOD, Enfign J. MANNFRS, ditto R. S. NEWTON, dito T. LITTLEWOOD, ditto P. ELLIS ? ditto Refolved ( 160 ) Refolded ift. That the determination unanimoufly agreed to, on the militia being firft raifed, that all promotion of officers^/fo// go in the regiment, be adhered to. Refolved 2dly. That fuch officers whofe rife may be affected by the prefent vacancy, and who mean to offer for higher commif- fions, do produce their real qualifications, aa no nominal ones can be poffibly admitted. Refolved 3dly. That as Major Cartwright is the firft in feniority, that he be imme- diately wrote to by the Colonel, to know whether he means to qualify according to the aforementioned determination. Refolved 4thly. That in cafe Major Cart- wright and Capt. Parkyns do not qualify ac- cordingly, that the Lieutenant-Colonelcy will then devolve to Capt. Nevile. Captain Nevile in that cafe being willing to wave his claim to the Lieutenant-Colonelcy in favour of Lord John Clinton ; Whether it meets with the fenfe of the officers of the regiment. Ayes - - Ten Noes - - Four. RICHARD BERKS, Adjutant of the 42^ Militia. No. II. AT a meeting of the officers of the 42d, or Nottinghamshire regiment of militia held at Hull, i jth of December, 1778. PRESENT, Major Cartwrigbt *. Captains Parkyns, Cooper, and Kirke. Lieutenants Jobnfon, Berks, Samffon, Colli/Jjaw, Smith, Hill, Hutbwmtc, By- ron, and Sutton. Enfigns Manners^ Newton, LittlcwGod, and Ellis. Major Cart wright defired to read the refo- lutions of the meeting of the officers held on the 1 3th of November laft, and read them * Although prefent, not a member of the meeting; which he declined, that he might not vote on a qucition in which ac was perfonally interefted. Y accord- accordingly ; he then read alfo his letter of the 1 8th of November to the Adjutant, in anfwer to the interrogation put to him in thofe refolutions concerning his qualification, and repeated to the meeting, that he had ac- tually, as in that letter exprefied, rcgiftered a real and legal qualification that he could ferve upon with honour, and would main- tain at law whenever it might be difputed : He then requefted to know whether the gentlemen prefent were fatisfied that he had fo regiftered his qualification as he had de- clared, to which they unanimoufly anfwered in the affirmative. Captain Cooper then fucceffively made the following motions ; viss. T"trft ; That it is the opinion of this meet- ing, that the whole corps is interefted in fup- porting the Major's claim to the vacant.com- mifjion of Lieutenant-Colonel ; he having (according to the reqtieft tranfmitted to him from a meeting of officers held at Hull the 1 3th of November laft) entered a qualifica- tion with the Clerk of the Peace for the faid CQrnmiffion, which qualification the officers can Can poiTibly not have the leaft right to doubt, as the Major has farther aflured them of its fufficiency upon his honour. Refolved in the affirmative^ nemlnc con- tradicentc. Secondly; As Captain Parkyns has given the like teftimony of his qualification, the meeting is anxioufly and unanimoufly of opinion that he mould fucceed, as eldeft Captain, to the majority. Refclved in the affirmative, nem< con. Thirdly ; The meeting are alfo of opinion, that if Lord John Clinton was to fucceed to the Lieutenant-Colonelcy, it would be an in- jury to Captain Cooper -, as it would exclude Captain Cooper from the Commiffion of Co- lonel in any future vacancy ; for which Com- miffion, he is the only officer in the regiment that has fet forth a qualification. Refolved in the affirmative, nem. con* Fourthly ; That it is the opinion of the officers at this meeting, that fo long as the officers behave themfelves like fuch, and can produce legal qualifications, all rile ought to go in the regiment. And they determine to Y 2 pray ( 1 64 ) pray for a proper court of inquiry on the con- duel: of fuch officer who may at any time be fuperfeded, as they cannot think of doing duty with an officer that had a flight thrown upon his character, till the caufe of fuch flight fhall have been fully cleared up ; as it is prefumed the Duke of Neivcaftle would not object to an officer who had fervecl in the regiment on flight grounds ; and with- out fome reafon for having a bad opinion of his character. Refolved in the affirmative, nem. con. Fifthly ; That it is the opinion of this meeting, that the afore-mentioned refolves ( be fent to his Grace the Duke of Neivcqftle. Refolved in the affirmative, nem. con. G. J. PARKYNS, Captain, Prejident. N. B. Captain Lieutenant Tracey and Lieu- tenant Good were not prefent, but have feen the afore-mentioned motions, and agreed to the whole. G. J. PARKYNS, Captain, Prefident. x No. IIL 1 65 No. III. PLAN for providing the navy with an im- mediate, a complete, and a perpetual fupply of {hip-timber, equal to its greateft known confumption, by means of the royal forefts and chaces. 1. Survey all forefts, chaces, and other wafte lands of the crown or the public, and delineate them on maps. 2. Satisfy all legal claimants, by giving them land equivalent to their refpe&ive claims *. 3. Then value all the land that remains, diftinguifhing it accordingly upon the maps. 4. Let the commiflioners who value pro- ceed upon the fuppofition that the land is al- ready divided by fufficient fences into plots of 50 acres each, and lies within convenient * Unlefs upon the whole, there may be a deficiency of land for the purpofes of the plan. In that cafe it may be more ex- pedient to give an equivalent in money. 2 diftancea ( 1 66 ) diftances of the dwellings of its occupiers; that it is alfo to be free from the prefent land* tax and from tithes of any kind. 5. Divide it into lots, valued at 2000!. per* annum. 6. Where there may be oak-timber grow- ing, let the fame alfo be valued accurately. 7. Put each lot valued as above (making allowances for the timber thereupon) at 2000!. per annum, into the pofleffion of a private perfon by a grant from the crown, to him and his heirs fpecial for ever, with exprefs provifions for keeping it for ever indivifible. Let the grantee be Lord of the Manor, and hold his grant, upon the fole condition of paying a quit rent in fhip timber and plank, of the yearly value of I oool ; having at all times power of conveying or bequeathing his faid grant to any fubject of Great Britain *. * If upon calculating the expences of inclofirig, clearing^ draining, building, &c. thefe terms mall be t'.cught too bene- ficial to the grantee, he may te made to pay for his grant fuch a premium as (hall leave him only fo much emolument as may induce him to embrace the conditions of its tenure. 8. The 8. The faid timber and plank to be de- livered yearly, on or before a certain day, into fome one royal dock-yard, to be named in the grant, 9. The quantity of fuch timber and plank to be fo delivered for loool. to be afcertain- ed by five commiffioners, according to what in their judgment it might be delivered at, upon an average, for ten fucceflive years from the date of the grant. The Commif- iioners to have no connexion or contract with government, nor any interelt directly or indirectly with relpect to the grants. 10. The Navy Board to fet forth a table, containing every diftinct clafs of oak-timber and plank ufed in the dock-yards, and the Commifiioners to make their calculations upon each of the diftinct clafles feparately. This table of clafles and value to be recited at large in every grant. 11. The Navy Board alfo to eftimate the proportion of each of the faid clafTes of tim- J?er and plank which each dock-yard would require j ( 1 68 ) require ; as alfo the proportion due from each grantee, fo that all the grantees may be required to deliver equal quotas of every clafs, and none other, except with their own confent ; or except as hereafter is excepted. The table of proportions to be alfo recited at large in every grant. 12. But if the public fervice mould at any time acquire an alteration in this mode of delivery, the fame to be certified to the Ad- miralty by the Navy Board, and orders to the grantees to be by the Admiralty there- upon given accordingly; allowing, however, three years notice to the grantee, and in- forming him from which of the other clafles he is to deducl: timber or plank equivalent in value to that which is newly demanded of him. 13. Each grantee to have a right to de- liver in more than his proper annual fupply within any year, fo far as to the amount of 250!. and to have credit for the fame ; which credit mall ferve inftead of a future delivery of timber or plank of the fame claf- fes, but no other. 14. When ( i6 9 ) 14. When timber or plank carried by land fhall arrive at the dock- yard, report to be made at the office of the ftore-keeper * ; and the faid timber or plank to be unloaded in whatever part of the yard the faid ftore- keeper, or, in cafe of his abfence, the next in authority in his office, fhall appoint. 15. But with regard to timber or plank carried by water, the delivery, fo far as may relate to the forfeiture of the grant, to be efteemed duly performed, fo foon as the fame fhall arrive in the harbour where the dock fhall be fituated, or, if on a river, within half a mile of the dock-yard. Re- port to be made as above, and the timber and plank brought to fuch place or fucceflive places within the bounds of the faid yard, as the faid ftore-keeper fhall direct ; and the full delivery thereof fhall be efteemed to be com- pleted as foon as it fhall be put into the boats, veflels, flings, fafts, or fecurities. of his Majefty, or laid on any wharf, or land- ing-place of the dock-yard. * The matter fnipwright had been alfo mentioned in this da ufe, but it fc.ems better that a grantee fhould have no de- pendence on any but the ftore-keeper. Z 1 6. If ( '7 ) 1 6. If any ftore-keeper, or other perfon employed in the dock-yard, fhall unnecefTa- rily detain or impede the fervants of the grantee in the delivery of any timber or plank, the party aggrieved to recover of the Jlore-keeper treble damages and treble cofts of fuit, provided the profecution be commenced within one year. Every fuch caufe to be firft tried by a fpecial jury of the county. If the ftore-keeper himfelf be abfent from duty with leave of the Admiralty, then the perfon next in authority under him to be an- fwerable as above. And if fuch perfon, or fuch ftore-keeper, fhall not be the actual offen- der, he {hall neverthelefs be the fole perfon anfwerable to the grantee or his fervants, for whatever delay or impediment may be wilfully given at the dock-yard to the re- ceipt, admeafurement or depofiting of the timber or plank, or in giving certificates of the delivery into his Majefty's ftores ; hav- ing at the fame time his remedy at lawagainft the actual offender or offenders. And for every offence of this kind, as well as for every fraud, in claffing the timber to the pre- judice of the grantee, in the fum of 50!. 2 and ( '7' ) and upwards, the actual offender to forfeit his office or employment, and be incapable of ever holding any other beneficial employ- ment under the Crown. The ftore-keeper or perfon next in authority under him as afore- faid, ftill being the only perfon anfwerable to the grantee in this behalf. 1 7. If any officer or other perfon, employ- ed in a dock-yard fhall extort, demand, afk, or receive from any grantee, his agent or fervant, any bribe, fee, gratuity, or prefent whatfoever, directly or indirectly, on ac- count or pretence of expedition, fervice, or favour, in refpedl to the delivery or receipt of any timber or plank, his office or employ- ment to be forfeited, and the difqualification abovementioned to take place. 1 8. Provided the ftore-keeper or mafter- fhipwright fee occafion to object to any tim- ber or plank of a grantee, a furvey to be had upon oath by three indifferent perfons ; and the opinion of the majority of them to determine the quality of the fame. If un- found, it lhall neverthelefs be detained by Z 2 the ( I 7 2 ) the ftore-keeper, meafured and entered in his* books, to be applied to ordinary ufes ; but no receipt mall be given for it ; and at or be- fore the time appointed for completing the next annual delivery, the grantee to deliver in an equal quantity of found timber in lieu thereof, over and above his regular fupply. 19. All the prefent foreft laws to be re- pealed, and the granted lands to be made un- alienable by any means whatever, except by forfeiture for non-performance of conditions, or elfe by fale or transfer of the grant, with all its obligations entire and undivided ; which fale or transfer to be made to only one perfon, and not to any partnermip or joint- fharers whatever. The perfon to whom fuch grant fhall be fold or transferred to give no- tice thereof to the Treafury and Admiralty Boards within one month, on pain of forfeit- ing the fum of . 20. For the firft four years, a failure to deliver in the requifite quantity of timber and plank as it becomes due not to be a caufe of forfeiture, provided that, in each of the ( '73 ) the laid four years, at leaft one half fhall be duly delivered in, and the whole before the expiration of the faid four years. For the next three years, the like indulgence, in cafe two thirds lhall be regularly delivered, and the whole before the expiration of the term ; and for the next two years, the like indul- gence, provided three-fourth parts be regu- larly delivered, &c. 21. After the expiration of all thofe terms, making in the whole nine years, a failure to deliver in one-twentieth part of the annual quit rent of timber or plank in any year, to be for ever after good and fufficient caufe of forfeiture. 22. And provided there be in any one fu- ture year a deficiency in the delivery, amount- ing to lefs than one-twentieth part, the grantee to deliver in inftead thereof, double the quantity before the expiration of the next fucceffive year. And if any grantee thus run in debt fmall quantities from year to year, (the fame continuing to double every year) until his whole debt accumulate to one twentieth twentieth part of his annual quit rent, his grant to be thereby forfeited. And the rule for eftimating fuch deficiencies to be, by ad- meafurement and value ; agreeable to the original table recited as beforementioned in the grant. 23. But upon proof that the timber or plank of any grantee was fhipped or loaded in proper time, and that its regular delivery had been prevented by unforefeen accidents, of a nature to afford a reafonable caufe of j unification, fuch as contrary winds, fhip- wreck, roads fuddenly rendered impaflable, and the like, then the forfeiture of the grant not to take place, provided diligence be ufed in replacing every deficiency, and no appear- ance of intentional neglect or delay is difco- verable to a Jury. 24. In every cafe of a forfeiture of a grant, the whole of the dwellings, buildings, and erections of every kind, and all fences, fixtures, or improvements, and all timber whether filled or growing thereupon, and belonging to the grantee at the commence- 'ment ( '75 ) ment of the profecution to be forfeited alfo ; but not the ftock, cattle, hay, corn, furni- ture, or m'oveables, nor growing crops be- longing to any tenant or tenants, then occu- pying the whole or any part of the grant. 25. It is not to be lawful for his Majefty or his fucceflbrs, or for any Minifter or fer- vant of the Crown, to excufe any grantee from duly performing the condition of his grant ; but on the contrary, it {hall be the duty of the Comptroller t>f the Navy to pro- fecute for every failure in the due delivery of the timber or plank, on pain of lofmg his office for any omiffion therein. If neverthe- lefs he {hall negled: for one year to com- mence his profecution, it mall then be law- ful for any fubject of Great Britain to profe- cute in his or her own name; and upon proof of the failure on the part of the grantee, the grant to be forfeited to fuch profecutor, and his heirs for ever, to be held by him or them on the fame conditions as thofe on which it was held by the original grantee. The record from the Court in which the caufe caufe was tried, to be to him and his faid heirs~a good and fufficient title to the grant. 26. In cafe of a forfeiture to the Crown, or of a lapfe to the Crown in default of heirs, every grant fo forfeited or fo lapfing, to be again granted to fome other perfon under the fign manual of his Majefty ; but without any power of altering the original condi- tions. And if his Majefty fhould not with- in the fpace of forty days make fuch frefh grant, then any fubjecl: of Great Britain who mould firft demand to be put in pofieffion of fuch vacant grant, to be to all intents and purpofes the legal grantee. This demand to be made in writing of the Lords Commiffion- ers of his Majefty 's Treafury, who there- upon mall immediately certify under their hands and the feal of their office, that, in con- fequence of the faid demand, the demandant is become legal grantee of the grant in quef- ticn. Refufing to grant fuch certificate, the Lord High Treafurer to forfeit io,cool. or the firft Lord Commiffioner 3000!. and each inferior Commiffioner loool. each. 27. From 27. From the day on which there fhall ceafe to be a legal grantee in pofleffion of any grant, untill it fhall legally veft in a new grantee, the tenants to pay their rents into the hands of a receiver to be appointed by the Court of Chancery, in truft for the per- fon who fhall iirft become the legal grantee ; and upon fuch change, no new grantee to have a power of raifmg the rents for three years from the time of his obtaining poflef- lion. 28. Every new grantee being thus fecure of the profits of the grant from the com- mencement of the vacancy, he fhall alfo be fubjecT: from the fame period to the payment of the annual quit rent of timber and plank ; being allowed only the fame time for pay- ing all arrears of timber or plank, as thofe arrears have been in contracting before he got pofTeflion. 29. If, notwithftanding the intentions of keeping every grant undivided, any grantee fhall by will or other inftrument, attempt to divide the grant he holds amongft two or A a more more perfons, it fhall neverthelefs go to one of thofe perfons only ; either to be fettled by agreement amongft themfelves, or by draw- ing of lots before the Judge of Aflize in the County Court ; and each party concerned to have an equal lot, notwithftanding the grantee fhould have intended to have made an un- equal divifion. If any one of them be a minor, or abfent, or fhall refufe to draw lots, the Judge to appoint foine perfon to draw the lot of fuch party. And in cafes of in- heritance where there is no will or devife of the grant on the part of a deceafed grantee, females fhall inherit by fucceflion, and, by primogeniture, next after males, and not as co-heireffes. 30. For the firft 14 years each grantee to be allowed to deliver in foreign timber and plank only. For the next 7 years, 6-8ths of foreign For the next 7 5~8ths ditto. For the next 7 4-Sths ditto. For the next 7 3-Sths ditto. For the next 7 2-Sths ditto. For the next 7 i-Sth ditto. And ( '79 ) And after the expiration of all the faid terms, or the full term of fifty-fix years, none but Britifh timber or plank to be deli- vered in for ever. 31. Trefpaflers in woods or nurferies of young oak liable to damage, to pay ten-fold damages and treble cofts of fuit ; for wilfully breaking open any gate or fence thereof, a fine of lol. befides damages and cofts as above ; if the breach be more than one yard wide, to pay 20!. &c. ; if more than two, 30!. &c. ; and fo in proportion* The Navy Board's eftimate of the timber of all denominations, required for one year's confumption in all the dock-yards, is, 22,000 loads at 4!. 53. . 93,500 And plank 3,792 - 24,500 . 118,000 The forefts and chaces in England only, are taken to contain 316,000 acres, at 153. per acre, . 237,000. A a 2 Befides Befides which, there are in Scotland the following forefts j viz. Falkland. Linlithgow. Scoon. Dunftaffnage. Lochmaben. Carirk. But without thefe, thofe before enume- rated, if as extenfive as there fet down, and the land be not over-rated, would be fufficient for 1 1 8 grants and a half, producing timber to the amount of . 1 18,500 per ann. which exceeds the demands of all the dock-yards by 500!. per ann. As Mr. J. Pitt, furveyor of the King's woods, reported to the Houfe of Commons in 1771, that the major part of the forefts was fit for the growth of timber ; it is confequently fit for the beft purpofes of agriculture, and therefore is fcarcely valued equal to its worth at 155. per acre *. And as Mr. J. Pitt conceived that by cultivating the faid forefts, an income much beyond what is here reckoned upon might be obtain- ed from them : The above eftimates in refpecl: * Free from tithes and land-tax, it may reafonably be pre- furncd they would be \vorth one fourth more. to to the quantity of land, are probably within compafs. But fhould the land remaining to the public after fatisfying all claimants be ever fo little, that little had beft be difpofed of before it become lefs by the continuance of encroachments ; and the plan now offered 'is equally adapted to the purpofe, whether the land to be applied for fecuring us navy- timber be five thoufand acres, or five hun- dred thoufand. As to the other benefits that would accrue to the nation, from the cultivation of fo many forefts, befides keeping our money at home, and becoming independent of foreign nations for timber to build our fhips with, they are for the moft part too obvious to need enumeration, and too many as well as of too great political magnitude to be difre- garded. But it ought particularly to be noted ; I ft. That timber for the whole navy would be annually delivered where it is to be work- ed up, without any future trouble or ex- pence to government. 5 2dly. The 2dly. The influence of the Crown, through all the places, emoluments, and jobs in, or relating to the forefts, would be annihilated ; at the fame time that the profits to the pub- lic would amount to upwards of 120,000!. per ann. at low calculations. The Civil Lift eftablifhment would be eafed of falaries to a large amount ; while all per- fons difmifTed might be better provided for in the diftribution of the .grants, or out of the premiums to be received by government. A future want of {hip-timber would be eSe.&ually prevented, . without any law to inforce its growth ; and a neceflary and im- portant effect of the plan would be, to caufe our timber to grow precifely where it ought to grow;. in the vicinity of the dock-yards, or contiguous to navigations. FINIS. UN.VERS.TY OF CAL.FQRN.A AT UPS ANGEl-ES University of California SOUTHERN REGIONAL LIBRARY FACILITY 405 Hilgard Avenue, Los Angeles, CA 90024-1388 Return this material to the library from which it was borrowed. JKfllA ANGELES UBRABY A 000 630 736 UA 653.5 1I8C2 .a U: