178 previous question. Another still more extraordinary circumstance happened on this occafion; for the previous queftion, though coming from that part of the Houfe, was carried in the affirmative 156 to 16; and the main queftion being then put, it was rejected by a majority of 163 to 10.

The truth of the matter was, that the immediate friends of the motion, foreseeing its fate, withed to let it país off, without a divifion; but the friends of administration, feeling their great fuperiority, were determined to reprobate it, and to load its author and few fupporters, with the fhame of what they looked upon to be a difgraceful defeat.

That the prefent was a very improper time for the above mentioned motion is moft certain; but we never can agree with the reafon affigned by the gentlemen in oppofition for their difapprobation of it; and in the end, voting directly against it, "that no punishment can or ought to be legally or conftitutionally inflicted, for any thing whatever done in parliament.' Thole who urged this argument certainly mistook the terms of the motion, or betrayed the moft grofs and fhameful ignorance of the conftitution. They might have faid, that the motion was unfeasonable or ill timed; that it was extremely injudicious to give their adverfaries fresh caufe of triumph; and that for thefe reasons, it carried about it an air of the most romantic Quixotifm, of the moft frantic political Quixote; to agitate fuch a question in the prefent ftate of things, but to impeach it on the ground of its being illegal and unconftitutional, was a ftrain of abfurdity or party treachery beyond example, and without apology. The motion was not directed against the enactors of thofe laws, but the advifers of them; against the advifers of the meatures as members of the efficient or oftenfible cabinet, not as members of either Houfe of parliament. In fhort the most corrupt and profligate minifter that ever directed the affairs of this country, in the most profligate and corrupt times, might fhelter himfeif and triumph in the ruin of his country with impunity, were this patriotic doctrine to prevail. Bolingbroke's and Ormond's attainder, and the attempt to bring Oxford to juftice

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in the reign of George I. were the most foul, illegal, and unconstitutional acts that were ever committed, if they were not amenable to the justice of their country. The attack on Sir Robert Walpole towards the conclufion of his administration, was according to the fame doctrine equally illegal and unjuftifiable. In truth the minifter or any other cabinet councellor of either House of parliament, if he had a mind to propofe the most odious and destructive measure whatever, has nothing more to do than to advife the measure in the cabinet, fubmit it afterwards to parliament, and fupport it there; and when offered to be queftioned, laugh at his accufers, and tell them they were mistaken, for he was indemnified by the constitution itself, which has ordained that no punishment can be inflicted for any measure whatever that has been fanctified by parliament. Surely, if this be conftitutional law, no man has fuffered punishment or difgrace in this country as an evil counsellor or advifer of his fovereign, from the reign of Richard II. to the prefent hour, who has not been illegally, unconftitutionally, and cruelly perfecuted.

The House then went into a committee of fupply, and came to the two following refolutions, which being reported the next day, were agreed to without any oppofition; but a few ftrictures made by Captain Luttrell on an item in the account, for the repair of the Dragon, which he faid had been ftated in the estimates for three fucceffive years, as having 32,000l. laid out on her, tho' a fingle (hilling had never been expended for the purpofe for which it was granted. One of the commiffioners of the admiralty obviated the objection, by informing the House, that nothing was more ufual, than granting money for one particular purpofe, and laying it out in a different manner under the fame head of expenditure. It made no effential difference; it was fufficient that the money was applied to the general fervice, and that the amount of the grant and expenditure fubftantially correfponded. The refolutions were,

That 426,9041. 19s. 6d. be granted for the ordinary of the navy for the fervice of the year 1776.

1776.

That 339,1511. be granted to his majefty for buildings, rebuildings, and repairs of hips, for the fervice of the year 1776.

November 29. This day the refolutions of the committee on the Nova Scotia petition were reported. Thofe refolutions were looked upon as a favourite measure of adminiftration, and might have been productive of the best confequences if an over-ruling power had not much about this time gained an afcendency in the cabinet. There were however feveral matters included in thofe refolutions, which feemed to create great jealoufy and fufpicion in the minds of thofe who profeffed themselves friends to the conftitutional dependency of America. It was on this ground that Sir George Yonge and Mr. Burke propofed the following refolutions, which feverally paffed in the negative.

"That when the exigencies of the ftate may require any further fupplies from the province of Nova Scotia, then according to the prayer of faid petition of faid province, fuch requifitions fhould be made as have been formerly practiced in North' America, whereby the faid province may have an opportunity of fhewing their duty and attachment to their fovereign, and their fenfe of the cause for which fuch requifitions were made, by means of which alone his majefty can be made acquainted with the true fenfe of his people in that diftant province."

"That it appears to this Houfe that the granting the powers to the colony of Nova Scotia of providing for the fupply of the future exigencies of government by the mode of requifition formerly ufed in America, was the condition on which the faid colony did make the offer of granting the revenue in their petition exprefied."

"That although the terms of the refolution of this Houfe of the 27th of February, 1775, relative to America, feem literally to require that the offer therein mentioned should be made by the governor, council and affembly, or general court of any province, the true intent and meaning of the fame does not require any thing more in order to be accepted by this Houfe, than that the faid offer be made by the house of reprefentatives of fuch pro

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vince; and alfo, though the faid refolution feems to require that the faid offer fhould be a proportion according to the condition, circumstances, and fituation of fuch province, yet that the true meaning of faid refolution doth purport that any duties which this Houfe fhall approve will be accepted as a compliance with the faid refolution, although no grounds for determining faid proportion be laid before this Houfe; and alfo tho' the faid refolution does feem literally to require that the faid provinces do make provifion for the fupport of civil government and the administration of juftice in fuch province, the fame doth not require that any other provifion for civil government fhould be made than what fuch province hath been accustomed to make.”

December 1. The bill for prohibiting all trade and intercourfe with our American colonies, was this day read a fecond time.

The moft material objections made to it in this Rage, were founded in its inexpediency and injuftice. It was faid to be inexpedient, because it would teach America to open a communication and traffic with foreign nations. It was faid to be unjust, becaufe the bill authorifed-an indifcriminate feizure and confiication of the veffels and cargoes of our fubjects in that country, whether friends or foes, whether turbulent, difloyal, and rebellious; or peaceable, dutiful, and obedient. If it were even proper to feize and confifcate the effects of the people of America, wherever found or to whomever belonging, another very ferious and important confequence prefented itfelf, and called for the moft mature confideration. That was the manner fuch a meafure would probably affect the mercantile intereft in this country. It was already well known that our merchants had debts to a confiderable amount, owing to them in America. It was equally notorious, that we carried on a most lucrative and extenfive commerce with our colonies, very nearly in the proportion of a third of the whole of our annual exports. If then we coupled thofe confiderations together, the bill feemed to be full of the most dangerous and fatal confequences. It would at once put a stop to all remitA a 2

tances

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tances from that country. It would, almoft at one blow, cut off every advantage derived from a trade which it was confeffed even by the friends of the bill, amounted to a fum little fhort of four millions annually. But fuppofing for argument's fake, that partial injuftice, taken in a more comprehenfive light, is real juftice, on the ground that the interefts of the money are to be advanced at the coft of a few; and that an object of fuch magnitude as compelling America to return to her duty, would more than balance the temporary facrifices propofed to be made, were there not other matters of ftill fuperior confi. deration to thofe juft mentioned? Ought not thofe who are entrusted with the direction of our public affairs, to look a little farther and confider, that by cutting off all communication with this country, one or other of these things would happen, or perhaps a mixture of both. The colonies, thus restrained and compelled, would learn either to manufacture themselves, or would open a commerce with the great maritime nations of Europe; and whatever might be the event of the prefent conteft, they would, to every fubftantial and beneficial purpose, be for ever loft to this country; or, at least, rendered of fo little ufe as to be no longer worthy of national attention.

As to the claufe in the bill, for appointing commiffioners and impower ing them to treat with fuch individuals, districts, and provinces as fhould return to their duty, it was treated with ridicule, contempt, or deteftation. If thofe who advifed the measure were ferious, no man could be angry with the authors of fuch a folemn piece of mockery. Why fend out commiffioners to accept fubmiffions, when the commander in chief, or any other officer, civil or military, might do it as well as they? It could be no more than a mere minifterial act of receipt, and tranfmiffion of faid propofals to his majefty's minifters. The commiffioners might hear the terms contained in fuch propofals. They might advife thofe with whom they treated to return to their duty; and hold out to them the confequences which an obftinate perfiftance in their prefent refolutions would probably

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produce, They might even inform them of the conditions which they fuppofed would be acceptable to his majesty and his parliament. But they could not proceed an inch further; nor engage for a single specific condition or conceffion, as a bafis for future conciliation, without hazarding their lives and fortunes. If then this was the utmost extent of the authority velted in the commiffioners to be fent out under this bill, what would be the ufe of fending them, but to put the nation to a heavy and unneceffary expence to execute what might be as fully and completely done on the spot, without any parade, trouble, or expence whatever? If on the other hand, this claufe in the bill was inferted with a view of nominally complying with that part of the fpeech from the throne, which announced the intended measure; and was meant to amufe fuch as had formed fuitable expectations of peace and conciliation; and that adminiftration were really determined not to treat with the colonies, it was the moft grofs and daring impofition that was ever hazarded by the most hardy and unprincipled administration this country ever beheld.

To this, little material was answered, but that the intereft of individuals muft give way to the neceffities of the ftate. That confequently, the quef tion was not whether the merchants trading to America, would be diftreffed; but whether it would be more advisable to abandon and relinquish that country for ever, or fuffer thofe concerned in that commerce, to undergo a temporary fufpenfion of the advantages derived from it? That no pofitive conditions could be held out to America, till the people of that country had acknowledged the legiflative fupremacy of the British parliament, because till that was first either recognized or acknowledged, it would be impoffible to treat with the colonies on any specific conditions, without furrendering the very matter we were contending for. That as to the objection of the indifcriminate punithment of feizure and confifcation, provided by the bill, the fame neceffity which dictated the measure at large, dictated that part of it likewife; it being impoffible to draw any line