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1776

PARLIAMENTARY HISTORY,

fpecting the number of men to be embodied, the regulation of fubftitutes, and the qualifications both as to the officers and private men. In refpect to the laft of thofe, and the fubftitutes, we think them well worthy of adoption, for the purpofe of being incorporated into our militia law. The claufe relative to the qualification, provides after enumerating the feveral defcriptions of men who fhall be excufed, fuch as peers, commiffion, noncommiffion officers, and private men ferving in his majesty's forces; members of the univerfities; licensed teachers; clergymen ; clerks; apprentices; feamen; or perfons mustered or doing duty in any of his majefty's dock yards. Nor any man, not poffeffed of the qualification of a deputy lieutenant, or commiflion officer in the militia, who bas a living child born in wedlock, fhall be compelJed to ferve perfonally, or provide a fubftitute to ferve in the militia. The other claufe relative to the fubftitutes, enacted that no perfon should be admitted to ferve as a fubftitute, unless he had his ordinary refidence in the county, ftewarty, &c. for which he fhall of fer to ferve, for twelve calendar months preceding; nor fhall any perfon be admitted as a fubftitute, who had ferved in that capacity, any time less than fix years preceding his fu offering himself,-It is needlefs to explain the obvious intention of those two claufes. The firft, it is plain, was intended to prevent married men from being called away from their quives and families; the latter was meant to fpread the ufe of arms as much as poffible, among the body of the people, both by requiring previous refidence in the fubftitute, and inftead of having the fame fubftitute act for nine years fucceffively, by establishing a neceffity forthree perfons in that time being trained to the ufe of arms.

Those claufes, and several others, as well as the whole principle and tendency of the bill, was warmly controverted on one fide, and defended on the other. At length after the committee had fat till ten o'clock in a very thin Houfe, and both fides were heartily jaded, it agreed to let the bi!! pafs the committee, to report it immediately, and to take it into confideration on the 20th inftant previous to any motion for having it engroffed. The bill for better fupplying mariners to ferve aboard his majefty's ships of war, and for the more fpeedy fupply of feamen, to ferve aboard trading veffels, was this day read a fecond time, and committed.

March 18. Mr. D. Hartley made a kind of general oration on the ftate of the Navy, the Navy debt, and the probable expences that would be incurred in that part of the eftablishment in the courfe of the prefent year. He prefied, with great energy and warmth, the neceffity of laying before the House the real expence of that fervice. He obferved, that the estimate accounts feldom contained more than two thirds of the real expenditure; that under the Navy debt and fervices not provided p., and Navy extraordinaries, a cuftom had

463

been by degrees introduced, which gave mi nifters an abfolute and unlimited poffeffion and command of the public purse. The prefent he infifted was a feafon when Parliament ought to take double care to fee, that this mi nifterial licence was exercifed with probity and prudence, as immenfe fums might be expended in this way, unknown to, at least without the participation or approbation of the reprefentatives of the people. He was aware he faid how inefficacious any application of this kind would prove, if the noble lord on the oppofite bench (lord North) fhould think proper to fet his face against it. He exhorted his lordfhip to bring forward an account of the laft year's expenditure, affuring him, that it was a matter in which his lordship's honour, and the credit of his administration were equally concerned. He faid the transport fervice muft have been very confiderable laft year, as it would be enormous in this; that no account of that particular service had been yet produced; that he intended to move for that, and an account of the navy debt; but he was convinced what little purpose it would answer to frame any motion to that effect, fhould the noble lord, as usual, still continue averfe to it.

Lord North faid, it was not the wish of adminiftration to conceal any thing from that House, nor was it in their power, were they ever fo defirous. His lordship defended himfelf, on the general ufage of office, the manner the expences were incurred, the impoffi bility of forming any eftimate of their amount before they were actually incurred, or even then, till the proper documents and vouchers were tranfmitted to the feveral boards. The houfe, he infifted, ftill retained the efficient controul; for if the debt was improperly incurred in the first inftance; or if there ap peared any abuse or malverfation, when the accounts came to be inspected, those who fhould be found to have the truft repofed in them, would certainly feel the difpleasure of that Houfe. He added, that he had no objection to give the hon. gentleman every information he defired: he believed, he said, that feveral of the accounts were not yet clofed, nor could be immediately completed; fuch as were, he was ready to comply, as far as it depended upon him.

Mr. Hartley then made the following motion, which was agreed to without any oppofition" That an account of navy, victualling, and tranfport bills that were made out on or before the 29th of February 1776, be laid before this Houfe, and that an account of the increase of the debt of the navy between the 31st of December 1774, and the 31ft of December 1775, be laid before this House, together with a fpecification of the refpective fervices for which faid debt was incurred, as far as the fame can be made up.

1 The accounts here moved for, were accordingly in a few days afterwards laid before the Houfe; by which it appeared, that the net debt of the navy, on the 29th of February 1776,

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464

COURT

BEAUTIES.

was 2,453,6171. 6s. 4d. This debt was incurred in the years 1774 and 1775 chiefly, and may be well charged to the account of the American war, at the rate of at least one mil lion per annum.

March 20. The order of the day was taken into confideration. The Scotch militia bill being read, the Right Hon. T. Townshend moved that the report be poftponed till this day four months. The friends and oppofers of the bill came fully informed and prepared, to truft all to numbers, for although a very Jong and warm debate was expected, the queftion was put a few minutes after feven o'clock, ayes 112, noes 95. As foon as the members returned into the Houfe, a motion was made that the bill be rejected, which was agreed to without a divifion. The fame arguments were reforted to this evening as at the fecond reading on the motion of commitment, and previous to the House going into the committee: a repetition of them therefore is become unneceffary, having already appeared in this history for the last month, But as various reafons have been affigned for the mifcarriage of this bill, fome imputing it to the junto under the direction of a great perfonage, and others to the oftenfible miniiters refufing to obey their principals, we shall juft fubmit to our readers the two claufes which it was reported had actually caufed the difference of opinion among those to whom the conduct of this bill was entrusted in the House of Commons.

"Be it enacted, that if any perfon who is fworn and inrolled to ferve in the faid militia, fhall enlift into his Majefty's other forces, the colonel or commanding officer of fuch regiment or corps, in which he fhall fo inlift, fhall pay to the clerk of the corps of the militia, to which fuch militia man belongs, the fum of three pounds three fhillings fterling, which fhall be accounted for and paid by him to the commanding officer of the corps, for which fuch militia man was enrolled to ferve, and fhall be applied to wards finding another man to serve in fuch militia in the room of the perfon fo inlifting; and if fuch colonel or commanding officer fhall on demand refuse to pay fuch fum of money to the clerk of the corps of the militia, fuch inlifting fhall from thenceforth be null and void. And if any militia man

L

Sept.

fhall derry to any officer, ferjeant, or other perfon recruiting for men to inlift and ferve in his Majesty's other forces, that he is at the time of his offering to inlift a militia man then actually inroiled and engaged to ferve (which the faid officer, ferjeant or other perfon is hereby required to ask any man offering to inlift) and shall inlift in his Majefty's other forces, fuch perfon lo offending, and who shall thereof be convicted before any juftice of the peace for fuch county. or flewarty fhall be committed to the common gaol of fuch county or ftewarty, there to remain without bail for any time not exceeding fix calendar months over and above any penalty or punishment to which fuch perfon fo offending, fhall be otherwife liable by law, and from the day his engagement to ferve in the militia fhall end, and not foon. er, except on payment of such sum of money as aforefaid, he fhall belong as a foldier to fuch corps of his Majefty's other forces, into which he shall have been inlifted."

The other claufe which chiefly offended the country gentlemen and the independent part of the Houfe (the former it is faid having divided the cabinet) was as follows: "and be it enacted that his Majesty's lieutenants or any three deputy lieutenants of any county or ftewarty, is and are hereby authorized by warrant under his hand and feal, or their hands and feals, to employ fuch perfon or perfons, as he or they fhall think fit, to seize and remove the arms, clothes and accoutrements belonging to the militia of such county or ftewarty, whenever his Majefty's faid lieutenants, or the deputy lieutenants fhall judge it neceflary to the kingdom, and to deliver the faid arms, clothes and accoutrements into the cuftody of fuch perfon or per→ fons as his Majefty's faid lieutenant or deputy lieutenants fhall appoint to receive the fame for the purposes of this act.”

As this bill was loft on the confideration of the report, we should not have troubled our readers with the particulars of its fate at this distance of time, were we not well informed that its friends mean to bring it on the enfuing feffions, accompanied with fome trising variations, though fubftantially the fame; confequently we have paid it that degree of attention due to a measure of importance not finally decided upon.

COURT BEAUTIES.

ADY ANNA MARIA STANHOPE

is the youngest daughter but one of the Earl of Harrington; in the formation of thefe beauties, nature hath been uncommonly Javifh, and whenever one appeared firft in the world, fhe was faid to be the fineft; thus they have progreffively appeared as age matured their fuperlative charms. Perhaps no lady ever bore fo beautiful a race of daughters-nor are their perfonal qualities inferior to their mental, for if ever women were juftly bound with that ceftus of love, good nature -thefe fair fifters may claim it at the hands of the Cyprian Goddefs!

As thofe already united in the honourable bands of marriage have given every luftre and dignity to the ftate-there is no reason to doubt but the youngest will equally dignify the connubial union, if beauty, with every quality and accomplishment, can make them amiable to mankind. In praise of these ladies, Mr. Pope's admired stanza may be imitated, nor lefs wondered at.

Accept a miracle-moft truly rare, All Stanhope's daughters are both chaste and fair,

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1776.

To the EDITOR of the LONDON MAGAZINE. SIR,

465

N your Magazine for July, refpectable notice was taken of the Duke of Richmond motion for an address to the king on the minifterial tucaties for foreign troops, and his famous fpeech on the occafion.

The following is the genuine Addrefs which was moved for, with a Lift of the Lords who affixed their names to it as a protest against the treaties, and which certainly fhould be preferved in your useful repofitory.

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Moft Gracious Sovereign, We, your Majefty's moft dutiful and loyal fubjects, the Lords fpiritual and temporal, in Parliament affembled, humbly beg leave to reprefent to your Majefty, that it is with the utmoft concern we have feen the treaties, which your Majefty, by the advice of your minifters, has been pleafed to enter into with their ferene Highneffes the Duke of Brunswick, the Landgrave of Heffe Caffel, and the Count of Hanau, and which your Majefty has been graciously pleafed to communicate to this Houfe.

We beg leave humbly to reprefent to your Majefty, the fenfe we entertain of the danger and difgrace attending this inconfiderate measure, when it has been judged neceffary in the first exertions of Great Britain to fubjugate her colonies, to hire an army of foreign mercenaries; acknowledg ing to all Europe, that these kingdoms are unable, either from want of inen, or difinclination to this fervice, to furnish a competent number of naturalborn fubjects to make the firft campaign and it is a melancholy confideration, that the drawing off the national troops (though feeble, for the unhappy purpofe on which they are employed) will yet leave thefe kingdoms naked, and expofed to the affault and invafion of powerful neighbouring and foreign nations.

We further beg leave humbly to fubmit to your Majefty, that if the justice and equity of this unnatural war was not queftioned by fo large a part of your Majesty's fubjects, yet a reconciliation with the colonies, Sept. 1776.

LORD S.

M.

Die Martis, 5 Martij, 1776. though attended with fome conceffions, would be more agreeable to found policy, than to intruft the profecution of hoftilities to foreigners, in whom we cannot confide, and who, when they are at fo great a distance from their own country, and fuffering under the diftreffes of a war, wherein they have no intereft or concern, with fo many temptations to exchange vaffalage for freedom, will be more likely to mutiny or defert, than to unite faithfully and co-operate with your Majefty's natural-born fubjects.

We ought not to conceal from your Majefty the anxiety we feel on the latitude of the articles in the feveral treaties, which ftipulate the power in your Majefty of employing these troops in any part of Europe. Means are hereby provided for introducing a foreign army even into this realm; and we cannot fo far confide in your Majefty's minifters, as to fuppofe they would be very fcrupulous in advifing fuch a measure, fince they have already introduced foreign troops into two of our ftrongest fortreffes, and have offered to bring four thoufand more foreigners into the kingdom of Ireland, without the confent of a British Parliament.

That we have moreover just reafon to apprehend, that when the colonies come to understand, that Great Britain is forming alliances, and hiring foreign troops for their deftruction, they may think they are well justified by the example, in endeavouring to avail themselves of the like affistance; and that France, Spain, Pruffia, or other powers of Europe, may conceive they have as good a right as Heffe, Brunswick, and Hanau, to interfere in our domeftic quarrels. And if the flames of a war from thefe proceedings fhould be kindled in Europe, 30

which

466 Addrefs of the Lords on the late German Treaties. Sept.

which we fear is too probable, we reflect with horror upon the condition of this country, under circumstances wherein the may be called upon to refift the formidable attack of powerful enemies, which may require the exertion of our whole force, at a time when the strength and flower of the nation is employed in fruitless expeditions on the other fide of the world. That the treaty, by ftipulating not only to give the Landgrave of Heffe Caffel, in cafe of attack or disturbance in the poffeffion of his territories, all the fuccour which fhall be in your Majefty's power to give, but likewife to continue fuch fuccour until the Landgrave fhall have obtained entire fecurity, and a juft indemnification, lays this kingdom under the neceffity of taking part in every quarrel upon the continent, in which his Serene Highness may happen to be engaged, and that without any equivalent confideration to make the contract reciprocal; as this ifland can expect no affiftance from an inconfiderable fovereignty in the heart of Germany, from which more troops are always drawn than fhe is able to replace for her own defence, and whofe revenues are, not fufficient to maintain even thofe the has lent without the aid of fubfidy. We conceive, therefore, that this engagement of Great Britain to defend and indemnify, must be confidered as part of the price he is to pay for the hire of those troops. If

To

this article of charges (which cannot be eftimated) be added to the enormous expences of levy money, charges of making good the lofles of the feveral corps, ordinary and extraordi nary fubfidies, and their continuation after the troops are returned to their refpective countries, and can be of no ufe to Great Britain, we may fay with truth that Great Britain never before entered into a treaty fo expenfive, fo unequal, fo difhonourable, and fo dangerous in its confequences.

We therefore humbly implore your Majefty to give immediate orders for ftopping the march of the Heffian, Brunswick, and Hanau troops, and for a fufpenfion of hoftilities in America, in order to lay the foundation of a fpeedy and permanent reconciliation between the great contending parts of this distracted empire.

It was moved to agree with the said motion.

Which being objected to,
After long debate,

The question was put thereupon. It
refolved in the negative.
Contents

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Proxies

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ABINGDON.
PONSONBY.,
KING.
FITZWILLIAM.
ARCHER.

29} 32

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the EDITOR of the LONDON MAGAZINE.

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MIDST the found of arms prepa

own fubjects, as no fcourge is heavier

A ring from the Ohio to the Da- than that dreadful one of war, juftly

nube, the fituation of the European nations recalls to my mind the awful prophecy of Joel, chap. ii. verfes 9, 10. "Prepare war, wake up the mighty men; let all the men of war draw near. Beat your plough-fhares into fwords, and your pruning hooks into fpears let the weak fay, I am ftrong." Yet, Sir, few, feem to feel for the many miferies that the rulers of kingdoms are preparing for their

called God's fore judgement. In Holland, where I have lately been, I remarked the fentiments of those republicans, concerning our own affairs, and the ftep of taking German troops into British pay, to fubdue our American fellow fubjects.-They were not furprized that needy princes fhould embrace a good bargain for their flaves: they are most of them, fay they, merchants of men, whom they fell as

beasts,

1776. On the Right of Princes to lend Troops merely for Money. 467

beafts, or any other mercantile article, to the best bidder. They were however aftonished, that a British king could not raise troops among his own subjects for the American quarrel. Britons were the propereft to be employed on fuch a business: but if they could not be raised, or confided in, as difliking the cause, it ought to have been a powerful caution, not to engage in a difpute, where the affiftance of foreigners was required.-The Dutch admired the policy, yet condemned the bafenefs of hiring men, who, having no liberty themselves, are no judges of its precious worth; and being totally ignorant of all law, but German military law, ftrangers to the rights of nature and of nations, and to the claims of humanity, are the fittest inftruments for reducing others to that abject degradation and fervitude they are in themselves. When men of flavith habits, faid one, have the profpect of becoming mafters over other flaves, they rule with a feverer rod than they themselves ever felt or complained of. And furely no Aave is like a foldier, who, although profeffing Chriftianity, and calling himself a fubject of the Moft High God, dares not examine the juftice of the caufe, but muft go implicitly and tamely as a beaft to the naughter. Such is that humiliating ftate, to which men are reduced in the military profeffion.

The laws of religion, fays Montefquieu, B. 3. ch. 10. are of a fuperior nature, because they bind the fovereign as well as the subject. But with respect to the laws of nature, it is otherwife; the prince is no longer fuppofed to be a man." And speaking of defpotic governments, he obferves in the fame place: "Man's portion here, like that of beafts, is instinct, compliance and punishment." But what fhall be faid to the vile abuse of power in Chriftian princes, in reducing fubjects to this ftate of fervitude? What right can any prince have to transfer body, life, and even the fouls of men, to fight in a caufe, in which they have received no injury? To opprefs those who are ftrangers to them, and to kill them by the order and will of their ruler, because he has received money forthis impious butchery, when the laws of eternal justice and nature proclaim this obvious truth, that where

no perfonal, or national injuries are received, there can be no ground for defenfive or offenfive war, none for vengeance, none for retaliation, or reftitution of damages. With regard to the poor creatures who are hired, it is neither a defence against enemies, nor an offence for injuries sustained, the two only grounds on which war can be justified. In what light then must the God of all nations regard thefe mellengers of deftruction? And altho' princes, under the fan&tion of laws of nations, lawsof arbitrary and undefined fenfe, think themfelves at liberty to remove the old land marks of fimple and original truths; yet they must remain immutable; and no power lefs than the divine, which established them, can change their na. ture, or annul their moral obligation. Political law admits of all equivocal cafuitry and evafion; it is a mere sport, a game for imperial and regal civilians to bend like wax, and like Proteus, to change it into any form and colour. But the great law of felf-defence against injuries, or of reparation and reprifals for injuries received, can have no place here. What injury have German princes fuftained? How are they concerned in the American difpute more than with the quarrels in Afia? Nor are they acquainted with the fpirit of our conftitution, or with the rights claimed by the parties. If the execrable luft of gold, auri facra fames, extinguifhes the claims of humanity and the voice of juftice and equity, among heathen kings and governors, this bate principle should be detested by princes profeffing a belief in the legiflation of the Almighty Governor of the univerfe, who has, in his laws, guarded the life and blood of man with fuch a peculiar fanction, as to make the shedding of it, unjustly, his own caufe; and has threatened to repay it, without refpect of perfons, although with this awful diftinction, that mighty men, as Ecclefiafticus fpeaks, fhall be mightily tormented. Divine juftice is not the lefs certain, because it delays the day of vengeance.

The foreign mercenaries, whom we have hired, are almost all of them of the reformed perfuafion; their rulers too muft hear, at least in their chapels and churches, a different language in the words of the great Judge of high and low, from that of courtiers or of 302

lawyers,

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