244 PARLIAMENTARY HISTORY. of the king and parliament, have af fembled together an armed force, engaged his majefty's troops, attacked his forts, and prohibited all trade and commerce with this kingdom." This produced a very warm debate, Adminiftration contended that the Georgians had given repeated proofs of their difobedient difpofition, as well as the other provinces. That they had, in the preceding June, attacked one of the king's forts, difmantled it, and had thrown the cannon into the river. That they had fent delegates to the continental congrefs, had formed committees, and fuperfeded the laws, and oppofed all legal government. And as the fulleft proof of their real difpofition, they had voted 100ool. for the purpose of fupporting what they called the common caufe, that was refilting the conftitutional authority of this country. It was urged befides on the part of adminiftration, that they were very willing to hear evidence, relative to the true ftate and condition of that colony; but they believed the perfons meant to be examined (the West India merchants and planters) were very improper perfons to give the neceffary information to that Houfe, as they looked upon themselves to be intereft. ed in the event. It was anfwered, that the motion now before the Houfe did not relate to the actual ftate and condition of the colony of Georgia, but whether any evidence at all had appeared before the Houfe, fufficient to authorize their being included in the prefent bill; and being described in it as traitors, and formally, by an act of the whole legiflature, profcribed as fuch. That prejudging in the first instance, and inflicting heavy and cruel punishments in pursuance of fuch prejudgement, was a policy unknown to the most defpotic and tyrannic governments. That fuch a procedure was, in fact, reducing the Georgians to the cruel neceffity of taking up arms in their own defence, or of fubmitting to be flaves; and that making war upon people, condemning them untried and unheard, and on their taking up arms to defend themselves, defiring them to difarm, and we will hear their complaints, but will referve to ourfelves the power of giving or with May holding redress according to our own will and difcretion; our whim, caprice, or intereft, was the language held by every tyrant of every country, from the firit inftitution of civil government to that day, and of every tyrant in this country in particular, from William the Conqueror to Charles the First. The prohibiting bill was then read a third time, and a motion being made, that the bill do pafs, another debate enfued, when the question being put, the Houfe divided, ayes 112, noes 16. All the other material parts of this bill, having, in the progrefs of it, been fully debated, the only ftand made in this laft ftage, was relative to the forfeitures to be incurred, fo far as the fame related to the trade carried on between North America and the Weft India islands. A claufe was therefore offered, previous to the main queftion for the paffing of the bill, to enlarge the time for the commencement of the forfeitures, but it paffed in the negative. It was urged, that to wreak the revenge of a vindictive miniftry on the Americans, the West India islands were to be facrificed in part, if not totally destroyed, by rendering up their produce for plunder to the failors without fufficient notice, fo as to prevent the confequences. That by this infamous minifterial trick, feamen might be procured it is true, probably without bounties, but furely it was an act of cruelty, unexampled even among favages, and of injuftice unprecedented, to give up a number of innocent perfons to plunder, who could not have been robbed, if they had not placed an implicit confidence in the British parliament. That a great number of veffels had failed, previous to the fhutting up the ports from America in ballaft, and were then loading by the Weft India planters; but that by this bill fuch of them as had not carried lumber or provifions to the islands, their cargoes were liable to feizure and confifcation; by which means the planter's property was to be forfeited, although without the gift of prophecy, he could not have forefeen what is now on the eve of being carried into execution; and of courfe, that the inhabitants and proprietors of lands in the West India iflands, 1776. PARLIAMENTARY HISTORY. islands, must be ruined, fhould the prefent unjust and cruel bill be paffed into a law, becaufe being entrapped by the reftraining bill of last session, they trufted a very confiderable part of their property on board American veffels, bound for thefe kingdoms, which will be now liable to con£fcation. HOUSE OF LORDS. December 15. The America prohibiting bill was this day read a fecond time; and a motion being made for committing it, a most able and animated debate enfued, which continued till near eleven o'clock, when the queftion being put, there appeared for the commitment 84, against it 27, including proxies on both fides. The principle and main objects of this bill, as well as the grounds on which it had been combated by oppofition in the other Houfe, have fo frequently recurred in the courfe of this hiftory, that we fhall only take notice of fuch points as were not before touched, or were only flightly infifted on. These were the failors, or preffing claufe; the claufe of appointing commiffioners to grant pardons to fuch provinces, diftricts, and individuals, as might think proper to return to their duty; and to the general conftruction of the forfeitures, whether they extended to fhips belonging to profeffed friends, as well as enemies; the fame being laid up in the respective harbours, where the owners or masters refided. On the first head, the lords in oppofition obferved, that the claufe which compelled all perfons indifcriminately taken aboard America trading veffels, to ferve aboard his majefty's fhips of war, was the most cruel act of the most wanton tyranny. That it was copied from the barbarous policy of the piratical Turkish ftates, who chain their flaves to the oar, and compell them to fight against their countrymen. But on the other hand, if it was fubftituted in the place of a prefs, it wanted the effential quality of that mode of manning our navy; for though the prifoners made by this predatory war were to ferve in the navy, no exception had been made, as is ufual refpecting impreffed men, which is, that in cafe of running 245 away, they should not be liable to the articles of war, or be thot for defertion. The commiffions for granting pardons in the lump to whole provinces, diftricts, and bodies of men, was agreed to be a power unknown to the conftitution. The king had no fuch pow r; and the parliament ought not to inveft him with it. It might be abused in any hands, but trufted into those of men, whom parliament were to know nothing of, whom probably his majefly would know nothing more than through the medium of his minifters, fuch a power must be abused. Suppofing his majefty to be the most intelligent and beft informed individual in his dominions, he would still be liable to be impofed on. Some spoke of forty, others of thirty, none lefs than of twenty commiffioners to be fent out under this act. How then was it poffible for his majefty to be acquainted with the abilities or difpofitions of fuch a number of men? But allowing that fuch a power might be prudently vefted in the crown; allowing that the crown might delegate the trust thus repofed in it, into hands every way capable and trust worthy, what end would fuch an appointment anfwer? Commiffioners would be appointed, to what purpose? To grant pardons. Surely not to treat on any terms of conciliation or conceffion. The king himfelf could not do it, by his prerogative. He could not do it even by this bill of course he could not delegate a power he had not himfelf. What end then would the prefent claufe anfwer, unless it were to amufe the people with unsubstantial expectations of peace and conciliation ? without even a poffibility of fuccefs. If pardons only were to be granted, the commiffion would be nugatory, becaufe America, till reduced by the force of arms, would never confent to unconditional fubmiffion. If treaty on fpecific previous conditions was pretended, it could be no more than mere pretence indeed, because there was not one lord in adminiftration, however ignorant or ready to mislead, who dare undertake to fay, that the prefent commiffion would give an authority of any kind whatever, to proceed a step further than that of grant : ing 246 PARLIAMENTARY HISTORY. ing, pardons, on the terms of unconditional fubmiflion, on the part of thofe who fued for them. On the last head, that of the conftruction of the act, in respect of veffels and property lying in the ports and harbours of America; it was obferved, that it was a claufe of a moft extraordinary nature. The profeffed object of the bill was, to prohibit the colonists from carrying on any trade or intercourfe with other countries, because they had prohibited all trade and commerce with Great-Britain and Ireland. Now if the act meant to confifcate the property of the people of America wherever found; it was evident that the bill meant more than it seemed to declare; and that it was not barely intended as a bill of retaliation; but as a law of conqueft, deftruction, and diftrefs, in the manner of a war carried on againft alien enemies. The oppofition pushed this argument with great force ftill further. They took notice, that adminiftration had, on that day, as on every former occafion fince the commencement of this actual difpute with America, built their hopes of fuccefs chiefly on the dependence they had on the friends of government in that country. Why then punish friends and enemies indifcriminately? Unlefs they were determined to make all America their enemies. For instance, there might be many perfons well affected to this country, who forefeeing the form, and unwilling to carry on an illicit commerce with foreign nations, or from one part of the continent of America to another, would chufe, in expectation of better days, to lay up their veffels in docks; and fince they could not ferve the cause of Great Britain, determine at least not to injure it. In fuch a cafe therefore, adminiftration were called upon to declare, whether or not the property of fuch loyal and meritorious men, if feized under the authority of this act, would be liable to confifcation. Adminiftration replied in the first inftance, that compelling the failors to fervé aboard his majesty's fhips of war, was doing them a favour, as being in pay and employment was much preferable to being confined in prifon, which must be the cafe, if they were to May be treated like alien enemies, or like rebels, if found in arms and acting in an hoftile manner. That as to the claufe relative to the power of pardoning, to be granted to the commiffioners, it vefted no new power in the crown. The crown had at all times the power of pardoning in the lump, and likewife a right to delegate that power. It had been the uniform custom of all times, from the first establishment of the monarchy. So early as the reign of Edward the First, that prince directed a writ to the sheriff of Northumberland, to authorize him to pardon the people of Galloway. The fame power had been exercised from time to time, as occafion offered, down to the capitulation of the Rebels at Preston, in the year 1715, when a question arofe concerning the terms of the capitulation, but not about the power of granting pardons to thofe who furrendered under it. The power to grant pardons by the lump, was therefore out of the queftion; and the right of delegating that power was equally evident. The manner it was conftantly exercised by the lords lieutenant of Ireland, put the matter beyond a doubt; and a late inftance, that of the proclamation iffued by General Gage, offering pardon to every perfon in North America, but two excepted by name (Meffeurs Hancock and Adams) was fuch a proof, as rendered all further argument or illuftration unnecessary. As to the laft point, whether perfons, owners and matters of veffels, enemies or friends, who had veffels, which during the prefent troubles they chofe to lay up in dock, would be liable to have their veffels, their tackle and appare! feized and confifcated, there was not a doubt; the act meant that every veffel belonging to America, their tackle, furniture, and apparel whereever found, with or without a cargo, should be fubject to forfeiture; and the reafon for the claufe was plainly this, that if any exception were made, either in refpect to where the vessels were found, or to whom the property belonged, it would furnish the means of evading the act, fo as to render it ufelefs, without efficacy or operation. Such exceptions would, in fact, anfwer no other end, but to embroil the captors PARLIAMENTARY HISTORY. 1776. captors in endless litigations, and give them expenfive lawfuits, inftead of prizes. December 18. The America prohibiting bill went through a committee, but met with no oppofition. The indemnity bill was read a third time, and the Marquis of Rockingham objecting to the preamble, because it only stated that doubts having arifen," his lordship moved that the bill might be put off for fix months, and the cabinet minifters all uniting in the fame opinion, though on a different ground, that there was no occafion for it, the bill was rejected without a divifion. December 20. The America prohibiting bill was reported with amend ments, and read a third time. The Marquis of Rockingham offered a claufe, fimilar to that propofed in the other Houfe, for enlarging the tine for the commencement of the forfeitures, in respect of American veffels having cargoes on board, being the growth of the fugar iflands in the Welt Indies. This produced a fhort debate, in which Lord Mansfield defended the general measures adopted by administration on one fide, and Lord Shelburne condemned them on the other. The question being put on the amendment, it paffed in the negative without a divifion; and a motion being made, that the bill "do pafs," it was agreed to of courfe, and a meffage fent to the Commons to acquaint them with the feveral amend. ments which had been made in the bill. HOUSE OF COMMONS. December 21. This day a motion was made to take the amendments made by the other Houfe, in the America prohibiting bill, into consideration, and the fame being read, were feverally agreed to. We shall close our account of this bill, by a fpeech made by Mr. Hartley on that occafion, because we are of opinion it contains matter well worthy of the attention of every man, who has the general in terefts of this great empire really at heart. "Upon this paufe, which is offered to you by the return of this bill from the lords, I confefs that I feel a kind of fuperftition, to wish for one last word to deprecate the fatal blow; and 247 that our unremitted oppofition and remonstrance from the firit to the very laft ftage of this bill, may remain as a memorial, that fome of us at leaft lament this final feparation of America with an affectionate regret. We are overpowered by numbers, and all our entreaties and remonftrances are in vain. An inflexible majority in parliament have now declared all America to be an independent hoftile state. Difputes originally between adminiftration and America are become, by the influence of adminiftration, the ground of a parliamentary war with America. The fenfe of the nation is not with that war; and I trust it never will be. However, fpeaking in parliament to minifters, as they feem determined to drive all things to extremities, I must ask whether you are to expect, while you burn their towns, and take or deftroy their fhips and property, they will fit with their arms folded; or whether they will not be driven to repell injury by injury. You have found their active powers of defence, by the experience of the laft year; when by your orders the shedding of the firit civil blood was precipitated on the fatal 19th of April, before your pretended conciliatory motion could be propofed to any of the American aflemblies. Why were you found unguarded in Canada? Two regiments are taken prifoners. Your officers are hoftages; and yet you proceed in this unnatural war, with fire, fword, and rapine. What farther hostages may fall into their hands at Bofton; or what blood of our fellow fubjects may be fhed there, I contemplate with horror. I dread fome fatal event there. When the provin cials fhall hear the fate of their late and laft petition; and when they fee all profpect of peace become desperate, what can you expect, but that they fhould exert every power to defroy your land forces in America, during the feverity of the winter, before you can fupport or relieve them. will be anfwerable for thefe things? When this bill of rapine, which now lies before you, gets to them, they will fet them felves to retaliate upon your fleet. Your land force has been difgraced and annihilated in the first campaign, notwithstanding all your boatings; are we not then to expect Who that 248 On the fashionable Words, Ton and Refinement. May tion have been the aggreffors in every thing, ftep by step. By this fatal bill of feparation, you now declare the Americans to be enemies in form; therefore it is yourfelves that force upon them the rights of enemies. You must now be refponfible to your country, for the events of your own war, to which they have been fo reluctant, and you fo precipitate. When this country fhall come to open its eyes, to fee and to feel the confequences, they will know of whom to require an account. Sir, I fhall now move you, inftead of agreeing to the amendments of the lords, to adjourn the confideration of them for fix months; I confefs with very little hopes of averting this bill; but as I told you at my outfet, from a fuperftitious feeling in my mind, to perform the last ceremonial office of affection and farewell to peace and to America. The fate of America is caft. You may bruise its heel, but you cannot cruth its head. It will revive again. The new world is before them; Liberty is theirs. They have poffeffion of a free government, their birth-right and inheritance derived to them from their parent ftate, which the hand of violence cannot wreft from them. If you caft them off, my laft with is to them, may they go and profper. When the final period of this once happy country fhall overtake ourselves, either through tumult or tyranny, may another phoenix rife out of our afhes. To the EDITOR of the LONDON MAGAZINE. VARIOUS and extraordinary as for the elucidation of the fubaltern are the fashionable modes of adorning the perfon in this whimsical age, yet are they not more fo than the modish embellishments adopted by that part of mankind, diftinguished by the title of the great world, who particularly pique themselves on bon ton, both in drefs and converfation; indeed, both one and the other are at prefent fo masqueraded, that it is as difficult to difcover what men are, as what they fay. This verbage, compofed of bobby-horfe expreflions, has gained fuch an afcendance, that you might as well be dumb as not be able to gabble this polished jargon. To the late fafhionable word ton, has fucceeded the word refinement, which world, I muft obferve is nothing more than what in early times was vulgarly termed vice: for inftance, if my lord, under the mafque of friendship to you, means nothing but to debauch your wife or daughter, it is only a refinement. If her Grace is detected throwing a main with loaded dice; why what can be faid? It is a refinement. If the colonel whips his best friend through the lungs in an honourable way, it is a refinement, nothing more. If a man of fashion is afked why he runs in every body's debt, pays nobody, ftares every body in the face, yet cares for nobody, he anfwers with an air of fang froid, it is a refinement. HEIGH HO! |