the nation to go to war, was, that our over his opponents, by giving any senti- | ral tenor of it, for the purpose of inducing ments as his own, and imputing any sentiments he pleased to others, fully convinced him that his lordship's influence extended to every matter relative to the conduct and ordering of that House, be the occasion ever so trivial or important. If strangers are to be shut out one day, none can be at a loss to know whence the mandate originated; if the gallery is to be open on another day, it was equally evident to whom the public were indebted for the indulgence. He knew he was disorderly in alluding to such a circumstance, and he should hardly have mentioned it, but for another, which was of no small importance to him, as well as all the other gentlemen on that side of the House. The matter he alluded to was the indirect charges made against them, as if they had vilified the nation, questioned its spirit and ability, and drawn comparisons between it and America much to its disgrace, than which nothing could be more false or ill-founded. The arguments he alluded to were, he insisted, mis-stated and misrepresented. It was not the courage nor the spirit of the nation that was questioned; it was that the war was unpopular, that the people did not approve of it, that they were cool, languid, and irresolute. He said it was happy for the noble lord that the people were so, for if it was a foreign war that had been so unsuccessful, that had been so replete with mismanagement and misconduct, it would probably by this time have cost the minister his head. He adverted to the very heavy expence, and spoke of the present taxes proposed, as only a foretaste of what the people were to expect. He said the war was diabolical, but he would not take advantage of an open gallery to declare his sentiments, but he was certain it was an unjust and impolitic war. The noble lord, and his colleagues in office, had frequently asserted that America would be subdued in one campaign; but he called upon any one gentleman, either in the army or navy, to rise and pledge himself, as a professional man, for the truth of it. He was very certain not one of them would or could. If so, then it would follow that our additional taxes were but just commencing; and if we were to borrow two millions this year, five times the sum would hardly be sufficient to defray the expences of the next year. He observed that the language of the noble lord had been greatly changed of late. The gene of Mr. Fox repeated the governor's obser vation respecting the opening of the gal lery, asking if it was cooler and more convenient for a crowd then than in January or February, and asserted, that the noble lord's speech of this day was the reverse of what he had repeatedly maintained in [1326 that House; that it was a custom with the gument; it would have been just as ridicunoble lord to contradict himself, but that lous, if in our war with Louis the 14th, he believed he might have prudence enough, who was said to aim at universal monarchy with a tolerable share of preparation, to we had declined to treat about the proappear consistent for one day, and to tell vinces of Alsace and Lorrain, on account the same story, however contradictory it of the report of his aiming at universal might be, to his usual argument; than monarchy.-After expressing his opinion which nothing could possibly be more op- of the quarrel, and justifying America posite than his flattering description of our with that rapid flow of words, and that situation and ability to answer every want spirit and force of argument for which Mr. the turn of affairs was likely to occasion. Fox is distinguishable, he at length took He animadverted with some humour and notice of the resolutions offered by the great asperity, on the irregular conduct of noble lord, and in particular spoke of the the House respecting the opening of the intended additional stamp on news-papers, gallery doors, asserting that the public which he urged as impolitic and unfair had a right to hear in what manner their while the ministerial brochures remained representatives discharged their duty; unstamped. He said he was far from and that the gallery being open or shut being a friend to the licentiousness of the should depend on the will of any one or press, although he revered, its freedom. two persons, was exceedingly unfair. He The papers were intolerably licentious, dwelt a considerable time on this point, and injurious to the peace of private faand after declaring that he knew that the milies; but the noble lord had given rise gallery had been opened on a whisper to their insatiable rage for calumny, by from the noble lord, when he was prepared suffering his hirelings to abuse the gentleto say any thing likely to produce a popu men in opposition in terms of the most lar effect; he went so far as to assert, that daring nature. He observed, that the in his opinion it was a breach of the con- press at this time teemed with ministerial stitution to prevent the public from hear- publications, many of which deserved the ing their proceedings. To the resolutions severest censure. That the pamphlet, offered by the noble lord, he said, he should entitled, "A History of the 13th Parlia give his flat negative, and that not because ment of Great Britain," was a libel on that of any particular objections to the taxes House, a libel of the most impudent kind, proposed (although there might be a suf- and yet it passed unnoticed. The noble ficient ground for urging many) but be- lord had very triumphantly held up, as a cause he could not conscientiously agree proof of the freedom of the press, the into grant any money for so destructive, so formation that twelve million and upwards ignoble a purpose as the carrying on a war of news-papers were stamped in one year; commenced unjustly, and supported with he begged the noble lord to consider that no other view than to the extirpation of there were near twelve million of people freedom, and the violation of every social in the kingdom; the noble lord therefore comfort. This, he said, he conceived to only proved, that every man in the realm be the strict line of conduct to be observed might buy one paper in the course of the by a member of parliament and to shew year. This was the first time he had ever that it was justifiable, he found himself ne- heard that a law-suit was a luxury, but the cessitated to state the case of the Ameri. noble lord had clearly made it appear, can quarrel, for as strangers were admitted from the flattering picture of our resources but for one day, it was necessary for him which he had just presented, that the war to repeat what he had often urged. This with America was a luxury, and a luxury he acknowledged was rather out of order, of the most frivolous and reprehensible but the noble lord must expect that the kind, for the noble lord told the House irregularity of his conduct would give rise we were able to provide supplies equal to to irregular debate. He then in a very any necessity, and yet he was pursuing an masterly manner painted the quarrel with inhuman, unnatural war, for the sake of a America as unjust, and the pursuance of trifling and uncertain revenue. He, howthe war as blood-thirsty and oppressive. ever, rather believed what the noble lord He said, it had been repeatedly urged that had said in the House when strangers were the Americans aimed at independence not in the gallery, than what had been so and therefore ought not to be treated with triumphantly stated by him this day, for till they laid down their arms; nothing he was sure his declaration of the people's could be more absurd than this sort of ar- wealth could only be proved by admitting the doctrine, that when, by any tax, four shillings in the pound were taken from a subject he was greatly obliged, as he was in fact given the remaining sixteen shillings. After a great deal of very poignant matter, Mr. Fox sat down, repeating, that he gave his flat negative to the resolutions. The Speaker rose, and observing, that, from what had fallen from the two hon. gentlemen, his conduct appeared blameable, respecting the opening of the gallery doors, he begged to explain the reason of it, and to take the blame on himself, if there was any The standing order of the House was known to every gentleman, and it was his duty to enforce it, whenever it was desired to be read. An hon. gentleman had, at an early period of the session, desired it to be read; he had ever since punctiliously kept to it: but, as this was a day of money business, when it was usual to admit strangers, he conceived the House would wink at a relaxation from the general rule; he had therefore told the Serjeant to admit strangers into the gallery, as far as the bars which were even with the bar below; but if he had gone too far, he asked pardon of the committee. Mr. Fox said, he by no means blamed the Speaker, as he was conscious no officer acted with more uprightness and impartiality; but he was sure the gallery ought to be opened, and he heartily wished the House would follow the example of the other assembly, who now admitted strangers. The Speaker fully exculpated himself from blame, and urged the propriety, if the order was found inconvenient, of some gentleman's moving to take it into consideration on a future day. Mr. Fox wished the standing order to be rescinded or amended, and if neither could be done, he would rather that the present bad method was pursued, in preference to a total prevention of the admission of strangers. Mr. Rigby, with that rough and unpolished manner for which he is remarkable in his senatorial oratory, took up the subject, and declared he rose an advocate for the order of the House, an order which had stood the test of years, although it was now said "it was a breach of the constitution." He begged to know by what claim those who were not members For a curious Biographical Account of Mr. Rigby, see the Lounger's Common Place Book, vol. 3, p. 103. Edit, 1805. t desired admittance; if one stranger had a right, every man in the kingdom had a right, and where were the people to be put? he insisted upon it that no person but a member ought to be in that House, and he wondered, that after so violent a quarrel with the other House, the members of this should accept of so poor a compromise as the present disagreeable sufferance to hear the debates in the House of Lords. If a member of the House of Commons indeed had any noble blood in his veins, if he was the third son of a lord, or a cousin to a peer, he stood some chance of being accommodated as the members of the House of Commons were before the quarrel; but if he went there, he was sure to be affronted, and to be thrust among the thieves and pickpockets below the bar. Whenever the standing order for clearing the House became the object of debate, he would be one who would support the order. He then talked of the war with America as every way necessary and justifiable; said, that if it was madness to contend that the carrying on the war was either necessary or proper, he was that madman, and he would now vote for the resolutions proposed, because he thought they would tend to procure a proper submission; that he was fully convinced the Americans ought not to be treated with, till they laid down their arms; that he was clearly in opinion, that they aimed at independency; and he deduced this opinion from their own publication, Mr. Adams's pamphlet called Common Sense, in which he without scruple talked of every thing short of independency as ridiculous, and wrote in such a stile, that no man here could lay claim to common sense, and not see the drift of the writer. He further added, that the parliament had put a powerful force into the minister's hands, and had liberally voted to enable him to act with vigour; that at the commencement of next session, he hoped to hear a good account of the minister's stewardship. An hon. gentleman had talked of Lewis the 14th, and the treaty about Alsace and Lorrain. It would be time enough to compare Mr. Adams to that prince when he had equal power and equal resources; thank God, he was not yet Lewis the 14th; he believed, he wished to be Oliver Cromwell, and when he had got so far, we might then indeed expect great matters. He had, he said, read and admired "The History of the Thirteenth Parliament of Great Britain;" he thought the author a very able writer. He concluded with declaring, that his advice was not asked any where but in parliament, nor did he desire that it should be asked in any other place, but he now plainly declared his hope that America would be subdued, and his expectation that the minister would act with vigour. Mr. T. Townshend warmly urged the injustice of taxing the subjects here with an additional weight merely to support a war big with ruin to the empire. it Colonel Barré said, he would not long trouble the House on this day, which was generally a day of triumph to the minister, although it was in fact a day of imposition to the public. He could not however let pass without asking a few questions before the House. In the first place he begged to know whether lord Howe was or was not to go chief in naval command to America? He said he had served with the family in America, that they were brave and generous, and he did not doubt but the olive branch would be at hand when lord Howe hoisted his flag; as he conceived that lord would rather go as a minister of peace and happiness to a people who revered his family, than as the herald of war and devastation. Another question necessary to be answered was, whether the King's servants acted uno animo? The hon. gentleman who had so loudly avowed his enmity to America, had just declared, that nothing short of unconditional submission would be accepted, while the noble lord had talked of his inclination to treat America with temper, moderation, and even affection. How was this difference to be reconciled? The hon. gentleman had indeed declared, that he was not a member of administration, and never gave his advice; the world thought otherwise, and it was notorious that he reaped a pretty tolerable share of the emoluments of government, much of which depended on the prosecution of the present unnatural and ruinous war. He advised the gentleman to be more cautious how he used the word independency; there was such a thing as talking people into a measure they never thought of themselves, and this had frequently been the case. He particularly reminded the House of the imprudence of some gentlemen, who when the news arrived of the destruction of the tea at Boston, by a mere mob, deemed all the inhabitants rebels; a title they by no means deserved, and which not a little conduced to exasperate America, [VOL. XVIII.] and make her take up arms.-Unanimity in his Majesty's councils was, he remarked, of the highest consequence; no success could follow where there was a distraction and division of sentiment among those in power. He was aware that it might be said, the gentlemen on that side of the House were not always unanimous, but he begged to observe, that their divisions were comparatively immaterial to those of the ministry who were the engineers of government, and gave birth to its operations. Above all things, therefore, he recom mended unanimity, and hoped as the noble lord was the ostensible minister, that his word might be taken for the wishes of himself and his co-adjutors to use the Americans rather with mildness than severity. As to the alarms respecting the French and Spaniards, he owned he felt no fears on their accounts yet, but he thought we could not be too cautious, as probably they might be tempted to take advantage of our present defenceless situation both at home and in Ireland. He concluded with adopting the phrase of Mr. Fox, and giving his flat negative to the Resolutions, as they were calculated to tax the subject for an unjust purpose. The Resolutions moved by lord North were then agreed to. Debate on Sir James Lowther's Motion against employing Foreign Troops without the Consent of Parliament.] April 25. Sir James Lowther moved, "That it is the opinion of this House, that the introducing of Foreign Troops into any part of the dominions of the crown of GreatBritain, without the previous consent or approbation of the parliament of GreatBritain, is contrary to the principles of the constitution, and not warranted by law." He gave an historical detail of the introduction of foreigners into this kingdom since the earliest periods of the monarchy, and shewed that it had always been looked upon to be illegal and unconstitutional, without the consent of parliament. He said, all our liberties would be no more than a shadow, if such things were permitted on the ground of prerogative, for instead of a limited, the very nature and effect of such a pretended claim in the crown, would render this government an absolute monarchy. Among the points he most urged, was the conduct of king William's parliament towards his Dutch guards, and the sense the nation had of the law at the time of its being passed; [4Q] and that construction which the framers the ground of necessity, but had been exof the Bill of Rights immediately gave it, pressly maintained by several eminent was to him the fullest proof that the ob- lawyers as á positive unconditional prerovious construction of the law as it now ap-gative inherent in the crown. peared, was likewise the intention of those who passed it, which was, that no foreigners could be constitutionally introduced into this country without the consent of parliament. Governor Johnstone seconded the motion, and was extremely severe on lord North. He insisted his lordship had insulted the nation in the manner of conducting the Indemnity Bill. The preamble was no better than a mere farce, and it was all along conducted in that light in the House; for the fate it met with in the other shewed how little the minister, when his turn was served, regarded the wishes of either his friends or his enemies. Mr. Cosmo Gordon said, it was an improper time to take any step which might have the appearance of passing a censure on his Majesty's ministers; and though he did not entirely approve of the measure the motion was intended to condemn, yet he believed the ministers always acted according to the King's inclinations. Mr. T. Townshend spoke of the danger of bringing foreigners into the British dominions, without the consent of parliament. It was a new experiment, and should have been adopted with great caution. It is true, foreigners were taken into the British pay in every war since the Revolution; but it made a great difference, in hiring them to fight our battles on the continent, or to defend their own dominions, and introducing them into the British empire; perhaps not long before it would be for the purpose of defending this very capital. The mode of recruiting the British troops with foreigners was besides extremely exceptionable. They were enlisted in the Hans towns, which were known to be the asylum of all the rogues and vagabonds of the rest of Germany; men who had fled their respective countries for their crimes. When such men, therefore, came to serve in America, to suppose that they would fight cordially for this country, was absurd in the extreme: they would certainly enlist with the best pay-master, or join with that party which held out the best prospects of improving their present situation or future fortunes. What made him the more solicitous about the success of the present motion was, that he understood the measure had not been supported upon Lord Mulgrave did not conceive that any law or usage whatever, reached the present case, or could prevent the King from bringing foreigners into any part of the dominions of the crown he pleased, Great-Britain excepted. Mr. Henry Dundas said, the usage had always been, that the crown had a right to exercise the discretionary power now objected to; but as the motion stated was not one that ought to have a direct negative put upon it, he should move the previous question. On which side the law lay he would not pretend to determine; but, for his part, he should think a minister very blame-worthy, who did not, when the most important interests of his country were at stake, venture even to transgress the exact limits of the law; and in such a case he was sure parliament would cheerfully indemnify him. If Gibraltar and Minorca, for want of a sufficient defence, had fallen into the hands of the French and Spaniards, he would be one of the first that would give his vote for hanging that minister who neglected to procure foreigners for their security were it in his power. Mr. Dunning confined himself chiefly to the definition of the law, and shewed, that if interpreted in the manner contended for on the other side, 100,000 Russians or Germans might be introduced into Scotland, because Scotland at the time of passing the Bill of Rights formed no part of this kingdom. Mr. Serjeant Glynn said, that the motion now made became more necessary, by the Indemnity Bill being thrown fout: it was a proper motion to prevent the measure of introducing foreigners without the consent of parliament, having the full weight and authority of a precedent. The Attorney General said, that ministers always do things at their own peril when they over-step the law. It was therefore idle to insist on the legality or illegality of the measure; if they should act in a manner not warranted by the constitution, parliament were the judges, and would proceed to acquittal or condemnation, according to the nature of the case. Mr. For said, that it was illegal for one part of the legislature to sanctify the introduction of foreigners. Parliament were the proper judges of the measure. |