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dignity of that Houfe, to propofe that fuch an enquiry fhould originate in it; and that all administration knew of the matter now moved, was no more than what appeared in the American papers, purporting to be a refolution of the General Congrefs, ordering that the force to be employed for the year 1775, fhould confit of a body of twenty seven thousand men. On the fecond head, it was infilled, that no fuch requifition was ever known to be complied with, during a time of open hoftility; it being contrary to every rule of office, as well as every maxim of war and common fenfe, to furnish our enemies with fuch intelligence as might be the means of either availing themfelves of our weakness, or refifting our power. That the terms of the firit propofition not only had a retrofpective view to the measures already taken, but likewife looked forward to fuch plans as might be already determined on, and steps taken in confequence of fuch determinations. That probably his majefty may have been advised to fend troops to the fouthward; or perhaps to New York, or any other part of the continent. That in fuch a cafe, the force now at Bofton being to be weakened, it might encourage the rebels to take an oppor nity of attacking the troops that would remain behind. That one of the motions was of a most extraordinary nature, because though it only called for the preparations made or directions given relative to the measures refpecting the troops who were to winter at Bofton; it virtually aimed at a difclofure of the intended operations, or the manner faid troops might be employed; for inftance, if it fhould be thought proper to fend a part of them to the relief of General Carleton, or to the protection of Hallifax, or even if circumftances thould require it, totally to abardon Bofton. And laftly, befides thofe particular reafons, on the general principle that fecrecy was the very efence of deliberation and the fuccefs of war, it would be highly improper and unprecedented to depart from it in the prefent inftance, when no one plaufible or beneficial confequence whatever could be oppofed or balanced against fuch a manifeft deviation from every apparent rule which prudence dictates, and

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found policy infpires on fuch occafions.

The friends of the motion ridiculed the unneceffary precaution of concealing the ftate of the king's troops from the rebel camp, where it was much better and more accurately known than they believed it could be to adminiftration itfeif. It was lamented, that parliament had been all along led blindfolded, without being permitted to know a fyllable of the true ftate of affairs in that country. That when any thing like information was given, it was only with a defign to mislead, for the purpofe of carrying fome favourite point. That fuch as it was, it contained nothing, but partial extracts of the delufive and mistaken reafonings of ignorant, defigning, or interested men. That the few facts which were laid before Parliament were always unconnected with the motives or circumftances that caufed and accompanied them, and the confequences they produced. That the ignorance profeffed by thofe to whom the conduct of public affairs was entrusted, was no lefs new than unpardonable in those who had the confidence and hardinefs to avow it; for how was it poffible that men could promife themselves fuccels in the profecution of a war, when they made a kind of merit of neither knowing, caring, nor confidering the force they had or might expect to contend with? That as to the detachments to be fent to the fouthward, or northward, fo far as the mere operations of war directed to particular fervices were concerned, no information which might affect their fuccefs, was fought or defired, and as to defiring to be informed whether the troops meant to winter at Bofton, oppofition could have no curiofity, because it was well known, they would have long fince evacuated it, if they could have done it with fafety. On the whole, adminiftration was exprefly charged with misleading Parliament, or being mifled themfelves, or proceeding on partial information, or proceeding on none; of with-holding every thing which might lead to decifive war, or profefed reconciliation, though the former was what they had ultimately in view; of holding out a mixture of war and conciliation, till the latter

would

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would become impracticable, and the former inevitable, from the difpute at length becoming a mere trial of Arength between both countries, and with rejecting the motions on precedents, which made directly against them; for at no time till now, even when engaged in a war against foreign powers, was the previous arrangement of a military force, their numbers, ftations, &c. applied to a precedent campaign, ever with-held or denied.

HOUSE of COMMONS. The indemnity bill which had now flept for upwards of a fortnight was this day read a fecond time, and ordered to be committed. The minifter feemed to have entirely forgotten his engagement to fome of his friends, in order to quiet their fears, that fending his Majesty's Hanoverian troops to the garrifons of Gibraltar and Minorca, might be drawn into precedent, as recognizing the legal excercife of a right in the Crown, to introduce foreigners into any part of the domi nions of the British Crown, and under any circumstances, whenever his Majefty or the fovereign for the time being fhould happen to think fit. He was reminded however of his promife by fome of the country gentlemen, in the debate on the land tax, particularly by Mr. Viner, when he affured them, if they perfifted in thinking fuch a bill neceffary, though he still remained of the fame opinion refpecting the measure in queftion, he would, in compliance with their wishes, move for the fecond reading the next day. The next day no houfe being made, he literally fulfilled his promife, by moving for the fecond reading, and fixing a day for its commitment.

The Houle then went into a committee on the militia bill, that produced several warm debates, in the courfe of which three or four amendments were offered, one of which was only agreed to. That was a claufe propofed by Mr. Hartley, to impower his Majefty to affemble the Parliament in fourteen days, whenever the propofed act, in the event of a war or rebellion in any part of the dominions of the British Crown, fhould be called into operation.

The chief amendment on which the debate turned, and on which the March 1776.

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In fupport of this amendment it was urged, that the bill was from the very frame of it taken up on a temporary idea, and was directed to particular purposes, which could continue to be no objects of policy, as foon as the civil war fhould be terminated. That the principle of the bill and the fact which gave rife to it, were one and the fame thing; for the principle was internal defence and domestic fecurity against any attack that might be made during our contest with America, and the fact was, that our military operations in that country, calling for fuch a body of troops as would weaken our neceffary defence at home, this bill was intended to make a fuitable provifion, in order to prepare for the worst that might happen. That in fuch cafes of real emergency, it was the fpirit of our government to arm the crown with certain powers pro tempore, and to recall them whenever the motive ceafed, or the cause was removed. That the prefent power vefted in the Crown, could no longer be neceffary, when the rebellion was extinguished, becaufe in cafes of actual invafion, by the old militia act the power of affembling_and embodying was already given. Confequently it was evident, that the principle was pushed, and the measure defignedly trained beyond what was pretended or openly profeffed, in order to throw into the hands of the Crown, a power hitherto unknown to the conftitution, a power at all times retained and moft jealously watched and guarded by the people. This argument was followed by the poffibility of an ambitious, or a weak prince, governed by ambitious men, having it in his hands to create at pleasure the means of exercising this power whenever his views of ambition prompted him, fo as to employ it to the worst purpofes. Becaute it what the friends of the bill conftantly avowed were true, that treafon and rebellion were fynonymous terms, opportunities would never be wanting to create the legal R

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neceffity of embodying the militia. Le velling of inclofures, pulling down bawdy houfes, marching in a body through the country for the purpose of remedying every local grievance, had been frequently determined by all the judges to be high treafon, within that fpecies of it defcribed by the 25th of Edward III. of levying war within the realm. Hence it followed, that the condition on which the power was given, was totally nugatory, when coupled with another doctrine maintained by the fame perfons, that every part of the dominions of the Crown, by a fiction of policy, were to be deemed within the kingdom; for then it amounted to this, that any act done in Bengal, America, the WeftIndies, or the coaft of Africa, which came within the defcription of treafon above alluded to, would enable the Sovereign to embody the militia whenever he pleased, which was a power that a free people fhould never trust out of their own hands, unless when the exigencies of affairs actually required it.

The answer given to all this fuppofititious reafoning, was on the whole pointed and conclufive, as referable to the fears fuggefted of the abufe of the power, though not to the objection of making it a perpetual, inftead of a temporary law. It was faid, that no ill ufe could be made of the power, without the concurrence of the people; for fuppofing the Prince fhould aflemble the militia, it would be Parliament that must pay them. That prefuming the Parliament to be parties, was pre-fuppofing a cafe no human prudence or forefight could poffibly guard againft; for fuch a confpiracy by the executive and legislative powers of the state, supposed not an abuse, but an actual fubverfion or diffolution of the Government. That the reasoning on fuch an hypothefis was abfurd, for who could people truft if they could not truft them felves, and if they fhould be determined to make a furrender of their own rights, what power under Heaven could prevent them?-To the objection of its being made a perpetual inftead of a temporary law, nothing folid was offered in juftification. was only faid if the law was a good one, it ought to be continued, if not,

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it ought not to be permitted to remain in force for a fingle hour. This was evidently evading the objection, not anfwering it; for it might be a wife, falutary, and well directed law to anfwer certain purposes, and under peculiar circumftances fuch as the prefent; and it might be extremely dangerous and improper to be continued when those purposes were obtained, or thofe circumftances no longer existed. Such precifely is the cafe of that great basis of perfonal liberty, the babeas corpus law, which in times of rebellion is fufpended; why not repeal it entirely? We will not follow the abfurdity and fallacy of fuch an argument, because it must be obvious to the meaneft understanding, particularly as the minifter afterwards admitted a claufe by way of ryder, on the third reading, which limited the duration of the law to seven years. The queftion was put on the amendment, "That the bill fhall not extend beyond the continuance of the present rebellion," and the committee divided, ayes 55, noes 140.

In a committee on the addrefs, petition, and memorial from the council and houfe of affembly of the province of Nova Scotia, the minifter moved the following refolution, which was agreed to.

"That the propofition contained in the addrefs, &c. of the council and houfe of affembly of the province of Nova Scotia, of granting to his Majefty in perpetuity, a duty of poundage ad valor em upon all commodities imported into the faid province, not being the produce of the British dominions in Europe and America (bay falt excepted) the faid duty to be under the difpofition of Parliament, is fit to be accepted, and that the amount of faid duty thall be eight pounds per cent. on all fuch commodities."

November 16. This day will be rendered as memorable by Mr. Burke's conciliatory bill," for compofing the prefent troubles, and for quieting the minds of his Majefty's fubjects in America," as the 20th of the preceding February was made by Lord North's conciliatory propofition, forpermiting the colonies to tax themselves.

The ground which this gentleman took, was the right in the fubjects of this realm, of granting, or with-hold

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ing all public aids to the Sovereign, in all cafes whatever, as recognized by that great financial charter or ftatute, paffed in the 34th year of the reign of Edward 1. known by the name of ftatutum de tallagio non conce. dendo. The words of the itatute are, "That no tallage or aid fhall be taken or levied by us, or our heirs in our realm, without the good will and affent of the Archbishops, Bishops, Earls, Barons, Knights, Burgeffes and Freemen of the realm." After ftating the means and manner by which America was firft fettled by the fubjects of this country, and the impracticability of their being reprefent ed in our Parliament, on account of the great distance and other material impediments which stand in the way; and that they had, contrary to their conftitutional rights of British fub. jects, been greatly aggrieved by taxes laid on them without their confent; the bill propofed to enact that no fubfidies, duties, &c. whatsoever, other than the voluntary grant of each refpective provincial aflembly, fhall be hereafter granted, levied, affeffed, or collected upon the inhabitants: his Majefty's quit-rents, and other cuftomary dues and revenues, or fuch as may arife from charter ufage to proprietary individuals, and charter companies, only excepted. Provided that nothing herein contained fhall reftrain the impofition and levy of duties, and taxes for the regulation of trade and commerce in all the dominions to the imperial crown of this realm belonging.

Purfuing this laft provifion, the bill provides, that all duties thus laid and collected, shall be held by his Majefty's revenue officers, for the difpofal of the feveral provincial affemblies, as if the fame had been actually impofed and levied by faid affemblies refpectively.

It next impowers his Majefty to call a general Congrefs by deputies to be elected by the feveral affemblies, the determination of the majority so affembling to have the power of binding their conftituents, by all acts and public ordinances fo confented to, or made in faid Congrefs; the power of faid affembly, to determine on a certain day, if not further continued by Parliament.

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It then proceeded to ftate the juft apprehenfions of the colonies relative to feveral acts paffed by the British Parliament, of a defign having been formed to deprive the people of faid colonies of feveral rights, benefits and advantages of nature and the British conftitution. In order therefore to reclaim the disobedient, by that lenity which ought to have the strongest operation on the minds of free fub. jects, it proposed to repeal the act for laying on duties in 1767, commonly known by the name of the Tea Act, the Boston port bill, the Massachusets Bay charter bill, and the bill for the impartial adminiftration of justice within faid province.-The remainder of the bill contains little more than a general amnesty, or declaration of pardon for all offences committed fince the commencement of the prefent difturban

ces.

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We admire the very confpicuous talents of this gentleman, as a first rate orator and an able politician. We applaud the generous motives which, candour authorizes us to prefume actuated his breast as a patriot, and induced him to engage in fo arduous and delicate an undertaking. But we at the fame time confefs that many very ftrong objections appear to the plan here itated. It recognizes a power in the British Parliament, which is denied by a majority of the active poople in America, and faintly affented to by even the moft moderate. vides an indemnity for acts of refiftance, which are in fact legalized, because they are ftated to have been made to the exercife of a conftitutional power. It fuppofes the reprefentation of the people of America in the British Parliament impracticable, without af figning reafons fufficient to maintain fuch a conclufion. And it impowers his Majefty to affemble a Congress to be compofed of delegates, chofen by the feveral general affemblies, without pointing to, or ftating the particular purpofes for which they were to meet, deliberate and determine. In fine, as far as we can perceive, it held out nothing new on either hand. The appropriation of the revenue duties to be levied under the authority of the commercial controul of the British Parliament, was evidently taken from Lord North's conciliatory propofition. R 2.

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