1776. opening of the feffion, indefatigable in reprefenting the neceffity of putting an end to a difpute, which they confidered as ruinous in every fhape, whether the British arms did or did not prevail.

Nov.

6.

A motion was made in the house of commons by lord John Cavendish, for a revifal of all those acts by which the colonies thought themselves aggrieved. It was grounded on a paragraph in the declaration of the commiffioners given at New York, the 19th of September, in which mention is made of "the king's being most graciously pleased to concur in the revifal of all acts by which his fubjects in the colonies may think themselves aggrieved." The motion was oppofed with great warmth; and in the fequel of the debate, it was afferted by ministry, that until congrefs had refcinded the declaration of independence, no treaty could be entered into with America. Such an affertion was feverely cenfured by oppofition, as being no lefs than a denunciation of war, and all its calamities, unless the Americans implicitly admitted the principal point in litigation, without any preliminary ftipulation. The motion was rejected by a majority of 109 to 47. This rejection exasperated the minority fo violently, that a part of them avowedly withdrew whenever any questions relating to America were propofed, and from this period left the house to the full and undisturbed poffeffion of the majority.

They juftified this feceffion, by alleging, that an attendance on these matters was nugatory; the weight of numbers was irrefiftible, and baffled all arguments. It was a degrading office alway to contend with a certainty of being defeated. There was a time when reasoning

was listened to, and had its due influence; but as expe- 1776. rience had shown, that time was no more, it was wiser to acquiefce in filence, than to undergo the fatigue of a fruitless oppofition. The feason was not yet come for the nation to be undeceived. It was the intereft of fo many to continue the deception, that it would laft till an accumulation of calamities had oppreffed the public fo as to be felt by all degrees. Such amazing numbers were benefited by the measures of ministry, that till defeats, disappointments, and loffes of every kind, had difabled them from pursuing their schemes any longer, they were fure of a ready fupport from those whom they employed in their execution. For these reasons they judged it neceffary to refuse their prefence to transactions which they disapproved, and could not hinder: but whenever they perceived that adversity had, as usual, opened the eyes of men, they would then come forth anew, and endeavour, if poffible, to remedy the evils which it was not at prefent in their power to prevent.

The ftrength of miniftry was now fo decifive, that $777whatever was propofed, was immediately approved, and carried without any oppofition or debate.

A bill was brought in for granting letters of marqué and reprisals against the Americans. This was followed by another to empower the crown to fecure fuch perfons as were accused, or fufpected of high treason (committed either in America or at fea) or of piracy. By the provifions of this bill, they were liable to be detained in cuftody without bail or trial, while the law continued in force it was referved folely to the privy council, to admit them to either. His majefty was also empowered

1777 by warrant, to appoint one, or more places of confine ment within the realm, for the cuftody of fuch prifoners.

This bill fpread a general alarm through the metropolis; and a petition was prefented by the city against it, condemning the measures propofed in it, as violenţ and unconstitutional, fubverfive of the facred and fundamental rights of the people, fubjecting them to the moft cruel oppreffion and bondage, and introductive of every fpecies of mifchief and confufion. The petition was ordered to lie upon the table; but probably made way for the introduction of a provifional claufe, enacting "that no offences fhall be conftrued to be piracy within the meaning of the act, except acts of felony com, mitted on the fhips and goods of his majesty's fubjects by perfons on the high feas."

The bill however, did not pafs without oppofition and fevere animadverfion. It was faid, that it armed minifters with an unconftitutional and dangerous power. A mere pretended fufpicion or foolish credulity, in a mercenary tool of a minifterial magiftrate, might render the inhabitants of above half the empire liable to imprifonment without bail or mainprife. It did not require an oath, nor that the parties fhould be heard in their own juftification, nor confronted with the witneffes, nor that two witneffes fhould be deemed neceffary for the colourable ground of a commitment. The few who oppofed it, contended that no lawful or obvious reafon fubfifted for investing the crown with fo unufual a power. Such an extraordinary measure could only be tolerated in cafes of great domestic danger, when the realm or constitution were immediately threatened; but neither

of thefe could be pleaded in the prefent inftance. After 1777.

a long debate, the bill paffed by a majority of 195 to

43.

The oppofition would have been ftronger, but the feceding party would not afford their affistance.

A

"Before this act, every man putting his foot on English ground, every ftranger, even a negro flave, became as free as every other man who breathed the fame air with him. As things now ftand, every man in the West Indies, every inhabitant of three unoffending provinces on the American continent, every perfon coming from the Eaft Indies, every gentleman who has travelled for his health or education, every mariner who has navigated the feas, is, for no other offence, under a temporary profcription*.

The two bills received the royal affent on the third of Mar. March.

Toward' the 'clofe of the last year, and in the beginning of the present, much confusion, apprehension, and fufpicion, was excited by the machinery of a wretched enthusiast and incendiary, fince well known by the appellation of John the Painter, but whofe real name was James Aitken, born at Edinburgh and bred a paintera most profligate and abandoned villain.

After having committed the most atrocious crimes, he shipped himself off for America, where he continued about two years, and from whence he returned in March 1775. The violence of the language and fentiments then held in political matters, by the people among whom he lived, gave birth to that enthusiastic madness, which afterward became fo dangerous. Under its baneful influence he returned to England with the moft dreadful Mr. Edm. Burke's letter to the sheriffs of Briftol.

3.

1777. antipathy to the government and nation; and adopted the defign of fubverting, in his own fingle perfon, that power which he fo much abhorred, by fetting fire to the dock-yards, and burning the principal trading cities and towns, with their shipping of whatsoever fort, so far as it could poffibly be done. He conftructed fire-works, machines and combuftibles for the purpose, but was ftrangely unfuccefsful in all his attempts. Owing to this failure in his machines, the nation was providentially faved from receiving fome dreadful, or irretrievable fhock. He however fucceeded in fetting fire to the rope-house in the yard at Portsmouth, the beginning of laft December. The next month, while party and political difunion prevailed among the inhabitants of Bristol, he attempted, first to burn the shipping, and afterward the city. He fucceeded only fo far as to fet fire to fome warehouses near the key, fix or feven of which were confumed. He was foon after his departure from Bristol taken up on fome fufpicious circumstances; and being circumvented by one Baldwin another painter, the whole fcene of iniquity was brought to light. Baldwin pretended to fympathize with him under his misfortunes, and to hold principles fimilar to his own; and often visited him, till he at length obtained his confidence and drew from him the hiftory of his crimes. He told Baldwin, that he had been in France, and feen Mr. Silas Deane, who had given him fome money; had encouraged him to fet fire to the dock-yards at Portsmouth, Ply, mouth, &c. as the best means of diftreffing Great Britain; and had promised to reward him according to the fervice he should do to the American caufe. He faid, that Deane, as an earneft of what fhould follow, had