676 PARLIAMENTARY HISTORY. "Will you give up taxation entirely? One noble Lord in the cabinet, fays yes; another, no. Is this Houfe agreed on it? If you are, name it, fpecify it fairly and openly; if not, if you cannot agree upon that fundamental point, in God's name, how can Lord Howe treat upon that effential point, where from the difunion of minifters, and difference of opinion in this Houfe, nothing certain can be gained? "Sir, was not the Earl of Hills borough's letter a folemn renunciation of the right of taxation? Was not his Majefty's name pledged for the performance? Yes. Was it ratified on their part? Did not all the Governors of America, did not Lord Bottetourt fay, that the Ministers were not immortal, but that to his dying day, he should confider Great Britain as pledged to relinquish it; and this to the Affembly of Virginia? And was not fimilar language held to all the other provinces of North America, by their refpective Go vernois ? "I know it has been faid, that thofe who spoke and wrote against taxation in America, were a faction, confifting of fuch perfons as were difaffected to government; but I have fufficient reafons to convince me, that they gave the fentiments of the people of America in general. I remember particularly to have feen about that time, a manufcript written by the late Governor of Maffachufet's Bay, Governor Hutchinfon I mean, who, I believe, will not be fufpected of being unfriendly to government, containing very fenfible, and in my opinion unanferable arguments against paling the Stamp Act; and which thewed, to his honour, that he was a friend to his country, as well as to government. "But the Earl of Hillsborough's Jetter has been read in the Houfe of Lords; I will read it here."-Here the General read the letter; but as all the material contents have appeared in this Magazine for January 1775, page 35, we refer our readers to it, App. "Well, Sir, if I understand the English language, if I understand common fente, here is the ftrongest renunciation of the right of taxation. But America was deceived. And how all those troubles arose afterwards, the prefent Minifters can tell you. "The application of this tranfaction is, that they will not be duped by adminiftration again; that no other terms than thofe proposed and specified by Parliament, will be confidered as the grounds of peace by America. "I have the beft authority for what I fay; Nothing but terms held out by Parliament will do. The noble Lord (Lord North) held in this House the fame language laft February twelvemonth, upon his conciliatory propo fition; but if you are still agreed, that nothing but unconditional fubmiffion will do, I have no more to fay. Throw away the scabbard;-but I hope it is not fo;-the wifeft of men, the wisest of nations, have treated, have receded, and have granted the conceffions asked by rebellious fubjects. What did the Romans do in the Social War? What did Philip of Spain? Was he not obliged at last to accede to their terms? What did Louis Quatorze offer Marfhal Turenne, when in actual rebellion? "What inftances in your own civil wars? What does Whitelocke tell you of the propofitions made by the King? Don't tell me of the late Scotch rebellion. Is there no difference? Could you treat with them? could you divide the Crown, or give it up? could you have had two Kings of Brentford upon the throne? The comparifon is ridiculous, and unworthy of a ferious refutation. But are not thefe rebels of a different kind? Who is there among you, that would not combat any power upon earth, invading, in the fame manner, your privileges and rights? Men defending, against the arm of power, what God and nature had given them, and no human power can jufly wrett from them, the glorious privileges of the Revolution; thofe Whig principles, which would in other days have excited this country to univerfal oppoítion. There is fome difference, I hope, to be made; fome allowances for men engaged in fuch a caufe. The language of adminiftration, of uncon =776. PARLIAMENTARY HISTORY. unconditional fubmiffion, driven out as you are from every portin America, does not become you. It is the language of vengeance, and not of fpirit founded in juftice; of violence, not of reafon; of paffion, not of common fenfe. "The idea of foreign danger may be thought vifionary; but are not France and Spain arming? Could they find a better opportunity? Would it be their intereft, that you fhould conquer America? How would fuch a force, as you must have, affect their fears? Is not the French Miniftry changed? Is not the Queen thought to have great influence in that court, and in the new arrangement ? Who is her great friend? Monfieur Choifeul. Who is the avowed enemy of this country? Monfieur Choifeul. Who is the lover of war? Monfieur Choifeul. "The affurances of the pacific in tentions of those powers are told to you. Who made them; the laft or the prefent adminiftration? What reliance can you have upon them? Why, Sir, I know a brave man, and as good an officer as any in France; he held the fame language to me; and yet this gentleman, Monfieur d'Ennery, is now fent out with an additional force to the French Weft-India islands. "I shall trouble you no longer. The duty to my country, paramount to every obligation, compels me to feize the only moment which remains between you and deftruction. When this horrid war is to be carried on with every circumstance of aggravation, German mercenaries carrying defolation along with them, flaves excited to cut the threats of their mafters, what can be more hocking to a feeling mind? I have no intention but the public good-[Here a hollow fcandaJous grumble from all the whitefaced occupiers of the TreafuryBench] Yes. I repeat my words, because I am fully justified in the affertion. I have no other. What have I to get by it? Whatever I have to lofe, what have I to gain? I have heard a language in private companies, of affection to connexions, and engagements to private friends; perhaps there is fuch an infirmity, I think the attention to the welfare of 677 this great empire, is tranfcendent to every confideration. I hope, and believe there is fuch a thing as men having a real opinion in Parliament. I lament the infirmness and inattention, for thefe last five years, to public concerns this language proceeds from that; but I difclaim it, and offer you this motion, from my fervent and earnest regard alone to the welfare and profperity of this great empire." Lord North began by answering the arguments ufed, that the Colonies could not truft the Ministry; and upon explanation of Lord Hillfborough's letter, he afferted, that the Minillers had never deceived the Americans. All which that letter engaged for, as to the repeal, had been done; all that it pledged government to, as to future taxation, had been strictly adhered to. The letter promifed the repeal of the tax on glass, paper, and painters colours; but it never promised to repeal the tea duty: it promifed not to lay any future tax; no future tax has been laid. He faid, "he did not object to the motion on account of the late period in the Seffions in which it is moved. His objection was direct. He would oppofe the communication of any inftructions, previous to their execution, unless there was fomething Special in the cafe. He never was of opinion, that no rebels were to be treated with. His opinion always was, that if Great Britain were likely to draw any benefit from any treaty, he could fee no objection, or difference, whether it was with a foreign enemy, or with rebels; with armed rebels, or with those who had laid down their arms. "Thofe who think we had better give up our rights, because fome rival itate may interpofe againft our maintaining them, think meaner of our ftrength and power than I feel it to be; and more unjaftly of fuch foreign ftates, than we have any reafon to do. Taking the propofition in general, we ought always to be on our guard againit our rivals, and fo far to fear them; but in this cafe there is no fear. "Although I cannot think, and wonder how any perfon who has ever been entrusted to act with the powers of government, can be perfuaded, that the modes by which any commiffioner may be inftructed to carry any powers 678 PARLIAMENTARY HISTORY. Lord George Germaine. "I never did contend for unconditional fubmiffion to the extent imputed to me by 5 App. the honourable gentleman over the way [Mr. Powys]. I faid most cer tainly, that I never wished to fee the government of this country treating with its colonies, while they were in arms against it. As to the different interpretations that have been put this night upon the prohibitory act, however ingenious, I do not think that any of them have fo far fucceeded as to justify the commiffioners treating with rebels, with arms in their hands. The act itfelf fpeaks a direct contrary language; for it previously fuppofes, that a return to duty, not an obftinate adherence to rebellion, is to be the very bafis of all grace and favour. The act literally fays, whenever any province, town, diftrict, or individual, return to their duty, they shall be reftored to the king's peace. The commiffioners are vefted with fuitable powers of marking that return to duty. The commanders by fea and land are fent out to make war against rebels in arms. They are not fent out to treat with them. If any dif positions fhould be fhewn of a defire to return, the commiffioners may confer, and give every poffible encouragement in their power, to encreafe thofe difpofitions. Farther than this, the commiffioners cannot go; and fo far, the noble lord at my fide [Lord North] is fully juftified in what he faid. But he did not, he could not mean, that the commiffioners were to treat upon the terms of the fubmiffion of the colonies, on the terms of their duty to the fupreme legiflature, or on the right of taxation. The act of parliament does not give up the fovereignty of the fupreme legiflature. The legislature itself can not give up the right of taxation. No inftruction can authorise any one ever to treat about these subjects; and unless we give up all these, a revenue must be had from America, as from a part in common with the whole. This was what the noble lord intended; and this I venture to fay, as pledging the noble lord's opinion." Here we have two cabinet minifters, one of them fuppofed to be the real, but confeffedly, at least, the oftenible minifter; and the other, a kind of Sofa, as far as the American meafures are concerned, and fometimes, for diftinction fake, called the American minister, 1776. PARLIAMENTARY HISTORY. minifter, in the prefence of the whole nation flatly contradicting each other. One fays, you may confer, you may found; he fees no difference in treating with foreign enemies, or rebels in arms, fo that Great Britain could draw any benefit from fuch treaty, or negotiation; or as he pointedly expreffed himself, with armed rebels, or thofe who had laid down their arms: while the other contends without referve, that the commiffioners have no fuch powers; that the act has given no fuch powers; that minifters cannot give them; that the crown cannot give them; nay more, that parliament it felf cannot give them; and to crown the whole, concludes with a fneer of contempt, by way of explanation, to remind the phantom of a minifter of his infignificancy, at the fame time giving him an opportunity by filence, or open confeffion, of recanting every fyllable he had faid.-This was what the noble lord intended, and this I venture to say, as pledging the noble lord's opinion. May 23. Mr. Hartley made a motion for an addrefs to his majefty, which of courfe being entered on the journals, anfwered every effential purpofe of a proteft, although that mode of difavowal of the measures of the majority in parlia ment, only regularly belongs to the House of Peers. It stated generally, "that his faithful Commons, repofing themfelves implicitly upon the wildom and moderation of his councils, and without any communication of the detail of matters, and tranfactions in America, either from the governors of the feveral provinces, or the commanders of his majesty's forces, or any communication of authentic papers, from any of the public offices, correfponding with the plantations, which might be explanatory of the views, tempers, forces, connexions, public proceed. ings, number and difpofition of the perfons difcontented, have adopted measures in general confidence of the recommendations of his majefty's most gracious fpeech, from the throne, without fpecific matters of information, his majesty having not thought fit to refer any fuch to this Houfe; that his faithful Commons having repofed a boundless truft in the wildom 679 of his majesty's councils, think themfelves fo much the more bound to their constituents, and to their country, to watch, that the powers which they have fo entrusted to his majesty, may not be ignorantly or deftru&tively applied by his minifters; and as the events of this anxious and important year may probably be decifive to the future union and well-being of all his majefty's dominions, and as the advice of parliament, at the fhortest notice, may be of the utmost importance to the falvation of thefe kingdoms; and as a continued feries of unfuccessful and unpromifed events have attended the execution of his majesty's councils for many months paft, from the lofs of Ticonderago, to the retreat of his majesty's forces from Boston, which feem to betray either ignorance or concealment of the operating caufe which have produced thefe unexpected events, and which have occafioned a general difquietude and alarm, that his faithful Commons humbly entreat, that his majesty will be graciously pleafed not to prorogue the parliament; but that he will fuffer them to continue fitting by adjournments, during the fummer, that they may be fuch information of the tranfactions ready to receive from time to time, in America, as his majesty shall think proper to lay before them, to watch, and to provide for every important event, at the earliest moment." HOUSE OF LORDS. His majesty being feated on the throne, and having fent a meffage by Sir Francis Molyneux, Knt. gentleman ufher of the black rod to the Commons, commanding their immediate attendance, the speaker, as foon as he came to the bar, addreffed his Majefty to the following effect. "May it pleafe your majefty, "Your majefty's faithful Commons have during the prefent feffion paffed feveral wife, falutary and neceffary laws; particularly thofe for prohibiting all trade and commerce with fuch of your majefty's colonies in North America, as are now in rebellion; for the new modelling the national militia; and for the more fpeedy and effectual manning of your majefty's navy. Your majefty's faithful Commons have befides, with equal affidu ity 630 PARLIAMENTARY HISTORY. ity and attention, performed every duty, which, in the courfe of a long and fevere feffion, they were called upon. The bufinefs of America has engroffed much the greater part of their attention; and they are conscious that nothing has been left undone on their part, which could in the moft diftant degree promife to ftrengthen the hands of government; nor have they failed to vote the most full and ample fupplies. Convinced of the justice and neceffity of fecuring the fubordinate dependence of America, they have chearfully co-operated in every propofition made for fecuring the obedience of your majesty's fubjects in that country, to the fupreme legiflative power of Great Britain. Your majesty's faithful Commons, whatever measures may have been taken, for the fecurity of both, by a full and fpirited exertion of the ftrength of this country, do not wish for conqueft, but for peace and conciliation. Trufting therefore to your majesty's parental attention to the interefts of every part of the empire, they have a full reliance, that your majefty's wifdom and goodness will be fuccessfully employed, in putting a fpeedy termination to the prefent difputes in America, as well as preventing a return of the fame evils in times to come." Such bills as lay ready for the royal affent, having received it, his majeity affured both Houfes, that the many inftances he had experienced in the courfe of the feffion, of their affection and attachment for him, and their fteady attention and adherence to the intereft of their country, had given him the highest fatisfaction. He told them, that nothing had happened in the state of foreign affairs fince their meeting; and he could inform them, that the affurances which he received of the difpofition of the feveral powers of Europe, promised a continuance of the general tranquil. lity. He lamented the neceffity of being App. obliged to afk from his faithful Commons, fuch extarordinary supplies, thanking them at the fame time, for their readiness and dispatch, in granting them, and the mode of raifing them, which he obferved, paid an equal regard to the exigencies of the fervice, and the ease of his people; and affuring them, that the confidence they had repofed in him, fhould be used with proper frugality, and be applied only to the purpofes for which it was intended. He then addreffed himself again to both Houses, and obferved, that they were engaged in a great national caufe, the profecution of which muft be inevitably attended with many dif ficulties and much expence; but when it was confidered that the effential rights and interest of the whole empire are deeply concerned in the iffue of it, and can have no fafety or fecu rity but in that conftitutional fubordination, for which they were contending, he was convinced, that they would not think any price too bigh for the prefervation of fuch objects. He ftill entertained a hope, that his rebellious fubjects might be awakened to a fenfe of their errors; and that by a voluntary return to their duty, they would juftify him, in bringing about the favourite with of his heart, the restoration of harmony, and the reeftablishment of order and happiness in every part of his dominions. But if a due fubmiffion fhould not be obtained, from fuch motives and fuch difpofitions, on their part; he trufted, that he should be able, under the blef fing of Providence, to effectuate it, by a full exertion of the great force with which they had entrusted him *. As foon as his majefty left the House the Lord Chancellor rofe and by his majefty's command prorogued the parliament to July 2, which being on that day again prorogued till Sept. 14, it was then appointed on the 31st of October enfuing to meet for the dif patch of bufinels. * See the speech at length, p. 277. For |