[1054 culties. If we urge that we have been an uncomely tautology if I have said a unjust; we are answered that that matter word or two on a subject already touched has been long since decided. If we state by my hon. friend. No, Sir, let it rather that nothing is to be got even by victory; be an order of your House that for one we have the same answer. If we argue day at least, while the memory and the that our measures are impracticable, and gratitude yet remain, none shall speak that success is beyond our power; the without paying his just tribute, to that reHouse will not endure to hear the power spectable, that gallant, that honest public of this country called in question. He is man. But, Sir, I beg your pardon, and I a friend to rebellion who dares hesitate return to state that I am constrained to concerning the comparative force of the allow, that the repealing of bills, recalling contending parties. Or, if I should touch troops, undoing every act, is not virtually on the topic of lightning the chains of and effectually bringing things back into slavery in America, recommended by my the same situation as if they had never hon. friend, a learned gentleman will per- been done; and I acknowledge, too, that haps tell me that I am not a Whig, for that some test may now be wanted on the part Whigs were ever fond of despotism. But of the colonies to balance our acts of geI spoke guardedly when I said that these nerous conciliation. Shall this test be in were collateral and adventitious difficul- words? Their words you will not take. ties only; for, on the naked matter itself, You are sure they aim at independence, were a bye-stander to judge, it should because they disavow it. You are sure seem that the harder task would be they will not give on requisition, for they to point out or create the difficulties. say they will. Oh! but you have better For what is the case? I ask the gentle- proofs. I ask the gentle-proofs. You have a certainty they will men on the other side of the House, what not, for they always have. They have are their wishes? I am answered "Would always done it, they have over-done it. to God we were in the situation of 1763." And in truth this is the kind of proof we I ask the colonies. I am answered "Would have been used to; we are well broke in, to God we were in the situation of and we bear it. The satisfactory earnest 1763." I know well that there are various this House accepted, of our future success, 5 senses in which this phrase may be under- was, that we had hitherto miscarried. The stood. Oh! Sir, there is indeed one sense proof that we are now sure to direct our in which, God knows, we cannot be re- force wisely, was that we have hitherto stored to the situation of 1763. Who will blundered most egregiously. The House restore to this country the blood that has has paid due regard to these arguments, been shed? Who will restore those gal and we have voted as we were desired. lant men to their country, whose lives We have adopted the logic, and the prehave been lavished, and spent, and mis- cedent applies to the case before us. Well spent in the fatal contest? Who will make then, it is allowed, their words are not to good to me my share in a Howe, a Clin- be taken. Their former loyalty to this ton, a Burgoyne, whose fate is now stand- country shall not pass for any thing but ing on a die? These sentiments, Sir, have proof of their future disobedience. Allong pressed upon my mind, but I did not lowed, my friend's propositions meet you feel the weight of them till this day: four then on that ground. He looks for an hours ago I felt not half their force. Men's actual, fresh test of living obedience; an value is not known till they are lost; four enrolling a British act of parliament; to hours ago this country had a man, his which I hope it will not be a capital objeccountry has him no more. One of your tion that it is not oppressive, that it is not members, Sir a member is perhaps soon unreasonable; and has morality, humanity, replaced. But where shall we find his and the rights of a part of mankind, for its fellow, who, having in his vigour carried object and foundation. I second the moyour arms in glory to the extent of your tion of my hon. friend. empire (that empire the ocean) when called upon by his country in the dregs of life, with a constitution worn down in your service, urged on and goaded his tottering limbs, with hobbling haste and feeble alacrity, to climb the well known steps of the ship's side to meet your enemy. I trust, Sir, the House will not think me guilty of Lord North said a few words relative to the unseasonableness of the motion, till a Bill of such vast extent as the Prohibitory Bill going through the House, was first tried. Mr. Burke said, that the very reason assigned why the present motion should not be agreed to, was the best reason for agreeing to it; for, if the Bill, and the measures and principles which gave birth to it had not made their way into parliament. there would be no occasion for the present motion. Lord John Cavendish spoke in favour of the motion, but said he despaired of success, as the ministry, supported by a majority, were determined to push matters to the utmost extremity. Mr. Sawbridge said, it had been very fashionable both within and without doors, to stigmatise the Americans as cowards and poltroons, but he believed, the truth would be found on the other side; for he was well informed, that the King's troops at the action of Bunker's-Hill consisted of 2,500 men, and the provincials not quite 1,500, and even those 1,500 would have completely defeated the King's troops, if their ammunition had not been totally spent. Lord North said, he was but an indifferent judge of military operations; but by the best accounts he could obtain, the provincials were at least three to one, and were besides very strongly entrenched. Even by a Gazette published under their own immediate authority, in the list of the killed and wounded, it appeared that 19 regiments had suffered, which was a proof that so many were present, and that computing them at 500 men a regiment, and making the usual allowances, there could not be less than 8,000 provincials that day defending the lines at Bunker's Hill. Governor Johnstone observed, that the noble lord laid great stress on the advantage the provincials had gained over the King's troops, by being so well posted, and defended by trenches and breast works. But he must draw a very different conclusion, as he thought the assailants had the advantage; and he was not singular in his opinion, for one of the greatest generals Europe ever beheld (marshal Saxe) had, in his Reveries on the Art of War, expressed himself of the same opinion. At all events, there was something fatal to the noble lord's arguments either way, for either the works were weak, and therefore the provincials defended them bravely, or being strong, it shewed what a dangerous enemy they must be, who could raise, and so judiciously construct such works, from 11 o'clock at night, on a summer's evening, till day-break the next morning. Colonel Morris observed, that by the best intelligence he was able to obtain, the provincials entrenched on Bunker's-Hill, {Mr. Dempster Lord Stanley, So it passed in the negative. :} 21 :} 123 Mr. Hartley then moved, 1. "That leave be given to bring in a Bill to empower the inhabitants of the province of Massachuset's-Bay, to elect an assembly and council, in the manner directed by the charter granted to the inhabitants of that province, by their majesties king William and queen Mary, bearing date the 7th of October, in the 3rd year of their reign. 2. That leave be given to bring in a Bill to establish the right of trial by jury in all criminal cases, to all slaves in North America; and to annul all laws of any province repugnant thereto, and to require the registering of the same by the respective assemblies of each colony in North Ame rica. 3. That leave be given to bring in a Bill to establish a permanent reconciliation between Great Britain and its dependencies in North-America, and to restore his Majesty's subjects in North-America to that happy and free condition, and to that peace and prosperity which they enjoyed in their constitutional dependence on Great Britain before the present unhappy troubles. 4. That leave be given to bring in a Bill for a free pardon, indemnity, and oblivion. 5. That an humble Address be presented to his Majesty, to lay the opinion of this House before his Majesty, That it may be proper when the present unhappy disputes in North America shall be brought to an amicable termination, that his Majesty should be graciously pleased to give orders, that letters of requisition be written in the accustomed manner to the several provinces of his Majesty's colonies and plantations in North America, to make provision for the purposes of protecting, defending, and securing the said colonies and plantations." All which were passed in the negative. Debate in the Commons on the American Prohibitory Bill.] Dec. 8. The order of the day being read for receiving the report of the American Prohibitory Bill, counsel were called in and heard, in support of the petition from the West India planters and merchants against the Bill. It was moved to postpone the further consideration of the report till the 23d of January, 1776. would bring destruction on this country; and, applying to the noble lord in the blue ribbon, asked him, if he was so misled or mistaken, as to imagine that 120 or 200 servile associates would be a sufficient Lord North moved, that the amend-protection to him in the hour of trial, ments made by the committee, be now read a second time. Mr. T. Townshend condemned this mode of hurrying on the national business; it was disgraceful to parliament, and of fended every rule of decency. It was injurious to the nation at large, and it fully verified, what had often been asserted and lamented, that our laws were become the mere edicts of the council table, or rather the dark machinations of a desperate cabal of ministers, and not the laws of free, deliberative assemblies, uninfluenced by any other consideration, but the good of the kingdom. He hoped, however flushed with victory the minister might be, for form's sake at least, he would consent to put off the report till after the Christmas recess: besides, he recommended his lordship seriously to reflect how fatal it might be, if the measure, which he seemed so eager to carry, should fail; and think in time in what manner he could face his friends, if compelled to meet them at the commencement of the next, as he did at the present session, with the doleful tidings, that he was again deceived. Sir George Hay spoke of the Admiralty courts, and their immediate connection with the civil law, and the near affinity this Bill bore to both, as one of their genuine offspring. He said it was the wisest and most salutary measure that had been hitherto devised for compelling the rebellious Americans to return to their duty. He observed, that they might beat our army, but they could not beat our navy; for, he was confident, the latter was powerful enough to cope with the combined force of all Europe. Mr. Serjeant Adair made no doubt but the present Bill bore a much nearer affinity to the civil law than to the common law of England; the former was the parent of tyranny, despotism, and arbitrary power, and no person who attended in the least to the present Bill, but must see at the first glance it was a compound of them all, and consequently, like its parent, the very reverse to the laws of England, and totally repugnant to the glorious constitution which gave them birth. Without pretending to the gift of prophecy, he might venture to foretel that the Bill [VOL. XVIII.] when the nation, finding itself ruined, would rise almost as one man, to avenge themselves on the guilty authors and advisers of such destructive measures. Sir Richard Sutton said, that this country had numerous channels for its trade and commerce, and great consumptions within itself; but America had neither. Their rice, tobacco, corn, lumber, indigo, &c. must go to other markets; he therefore thought the Bill the most effectual means to restore the people of that country to their senses. Governor Johnstone opposed hurrying the Bill in such a disgraceful manner, which he said, was one of the most oppressive and tyrannic measures that could possibly enter into the mind of man to conceive. He observed, that you might put the Americans to the torture, you might starve, proscribe, or do any thing which malice or despotism could suggest, but you would never prevail upon them to consent to taxation. Mr. Fox. I have always said, that the war carrying on against the Americans is unjust, that it is not practicable; but admitting it to be a just war, that it is practicable, I say, that the means made use of, are by no means such as will obtain the end. I shall confine myself singly to this ground, and shew that this Bill, like every other measure, proves the want of policy, the folly and madness, of the present set of ministers. I was in great hopes, that they had seen their error, and had given over coercion, and carrying on war against America by means of acts of parliament. In order to induce the Americans to submit to your legislature, you pass laws against them, cruel and tyrannical in the extreme. If they complain of one law, your answer to their complaint, is to pass another more rigorous than the former: but they are in rebellion, you say; if they are, treat them as rebels are wont to be treated. Send out your fleets and armies against them, and subdue them; but let them have no reason to complain of your laws. Shew them, that your laws are mild, just, and equitable, that they therefore are in the wrong, and deserve the punishment they meet with. very contrary of this has been your [3 Y] | made manifest, that the inconveniencies complained of, are shewn to outweigh the general interest we have in preserving the dependency of America on this country, every argument maintained on the ground of temporary or local inconvenience, must be nugatory and absurd. wretched policy. I have ever understood it as a first principle, that in rebellion you punish the individuals, but spare the country; in a war against the enemy, you spare individuals, and lay waste the country. This last has been invariably your conduct against America. I suggested this to you, when the Boston Port Bill passed. I ad- Mr. Burke said, the noble lord's arguvised you to find out the offending per- ment came fairly to this: first, determine sons, and to punish them; but what did on your measure, submit it to parlia you do instead of this? You laid the whole ment; and if any one offers to reason, entown of Boston under terrible contribu- quire, or ask questions concerning its protion, punishing the innocent with the priety, let the adviser, or proposer, or guilty. You answer, that you could not submitter, rise, and very gravely assure come at the guilty. This very answer, his auditors, that all such enquiries, reashews how unfit, how unable you are, to sons, questions, or objections, are totally govern America. If you are forced to nugatory and absurd; for we are not come punish the innocent to come at the guilty, to argue on it, the measure itself being alyour government there, is, and ought to ready determined on. This was a new kind be at an end. But, by the Bill now be- of logic: but very well calculated for exfore us, you not only punish those inno-pediting public business; and every way cent persons who are unfortunately mixed with the guilty in North America, but punish and starve whole islands of unoffending people, unconnected with, and separated from them. Hitherto the Americans have separated the right of taxation from your legislative authority; although they have denied the former, they have acknowledged the latter. This Bill will make them deny the one as well as the other. What signifies, say they, your giving up the right of taxation, if you are to inforce your legislative authority in the manner you do. This legislative authority so inforced, will at any time coerce taxation, and take from us whatever you think fit to demand. It is a Bill which should be entitled, a Bill for carrying more effectually into execution the resolves of the Congress. Lord North had not the most distant intention of distressing the inhabitants or hurting the trade of the sugar colonies. If, therefore, any of the provisions of the present Bill should affect the West-India planters, he was sorry for it: but as things were now circumstanced, he feared it was not to be avoided. In civil convulsions of this kind, it was plain, that many must suffer; it was a necessary consequence of such a state of things; but still, if the measure was a good one, or the best that could be devised, it must be taken with all its consequences. Parliament have thought fit to adopt it, and till they think proper to alter their opinion, it is absurd to object that this body of men, that island, or such and such places, will feel the temporary effects of it; but, said his lordship, till it is worthy of its noble author and teacher. Lord George Germaine contended, that the Americans brought the troubles on themselves, by resisting the authority of this country. The gentlemen on the other side say, why did not the government of Massachuset's Bay discover the first rioters at Boston and punish them, and let the matter rest there? I will tell them why. Because the council refused to co-operate with governor Hutchinson on that occasion, who did every thing in his power to persuade them. Whatever may be urged against this Bill, and its advisers, it is, in my opinion, the readiest way to make the Americans return to their duty; for as soon as any province submits, its ports will be opened, and its trade and commerce from that moment restored. Whenever peace shall be restored, if I have been in the least instrumental in effecting so desirable an end, I shall feel the greatest pleasure and happi ness from it: and whatever ill-natured interpretation may have been put on my conduct, I can assure the House, that I never sought for the office I have the honour to fill, nor wished for it, further than I flattered myself I might be serviceable to my country. The question was put on lord North's motion, and the House divided: For it 143; against it 38. Mr. Burke then moved: 1. "That it is necessary and proper to come to a resolu tion, that evidence concerning the state of America, the temper of the people there, and the probable operations of an Act now depending, is unnecessary to this House; this House being already sufficiently ac- | inhuman measure of condemning people quainted with those matters. 2. That there unheard and untried. be laid before this House such advices as may enable this House to judge of the present state and condition of his Majesty's loyal and dutiful province of Georgia." They passed in the negative. Dec. 11. Governor Johnstone moved, "That no evidence has been produced to this House, to shew that many persons in his Majesty's colony of Georgia have set themselves in open rebellion, and defiance to the just and legal authority of the King and Parliament of Great Britain, or have assembled together an armed force, or engaged his Majesty's troops, or attacked his forts, or prohibited all trade and commerce with this kingdom, and the other part of his Majesty's dominions." He observed, that Cato and Socrates in Athens and Rome, stood alone to oppose venal and corrupt majorities. Those celebrated commonwealths, in their decline, were what Britain is at present: luxury, venality, public prostitution, and a total disregard to the interests of their country, prevailed: majorities then, as well as now, were procured by the most base and scandalous means those majorities were composed of the most worthless and profligate individuals of the community, of gladiators, pimps, sharpers, parasites, and buffoons. Almost every man in Rome and Athens had his price; and if any thing remained unsold, it was only for want of a purpurchaser. The few who retained any sense of honour were reviled or despised. Their opposition was attributed to factious or interested motives, or they were treated as men acting under the influence of delusion and ideal perfection, and misled by impracticable schemes of policy and legislature. It was the misfortune of the times, that they both fell a sacrifice to the malice of their enemies; but it was a still greater misfortune, that neither of them were survived by the liberties of their country. Cato and the Roman commonwealth perished together; the liberties of Athens were no more, when Socrates fell a victim to the rage of his merciless persecutors. He then turned to the question, and observed, that the loyal colony of Georgia was now entered in the black catalogue. It was marked out for destruction, as well as the province of Massachuset's Bay; the latter, for defending their liberties, which were immediately invaded; the former, because they disapproved of the Mr. J. Johnstone seconded the motion, and said, he believed it was the first time a whole province was proscribed, without some imputation of guilt. Most of the other colonies had done something, which might be construed into resistance, or a preparation for it; but in the case of Georgia, it had not been even urged in debate, much less proved, that they had committed a single act, which the most willing, ingenious, most expecting, or best paid lawyer in the House, could sketch even so far as a misdemeanor. And what would be the certain consequence of the present Bill? But that a whole province was to be proscribed, its trade ruined, and its inhabitants declared rebels, and compelled to submit to tyranny, or consent to be starved. Lord North had no objection to have evidence examined, but he presumed, the witnesses meant to be moved for, were the West-India merchants, who probably would think themselves interested in the event of the examination, and who, besides, could not possibly be sufficiently acquainted with the present state of the colony, to give the House the necessary information. Though Georgia was not actually in arms, or in a state of open rebellion, it was ne vertheless well known, that they acted in conjunction with the other colonies, and there could not be a more decisive proof of their disposition, and the part they meant to take, than their having sent delegates to the continental congress. Mr. Dempster animadverted very severely on the doctrine maintained by the noble lord, that of prejudging, and on that prejudgment, proceeding to inflict punishment. He said, such a conduct was more horrible in its consequence, and more repugnant to the generally established ideas of justice, than any thing yet imputed to that bloody tribunal the Inquisition, for even the inquisitor proceeded on information, heard the culprit in his own justification, attended to the proofs, and pronounced his sentence according to certain stated rules, established by the inventors of this mock judicature. You have drawn the colonies into the dilemma of taking up arms, or of submitting to be slaves, and then desire them to lay down their arms, and you will hear their complaints. This was the language of Charles 1 to his parliament, and of every other tyrant, from William the Conqueror to this day. |