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mons, which he afterwards delivered to the Lord Prefident, telling him at the fame time, that the Commons defired the concurrence of their Lordships thereto. The Members, having thus finished the bufinefs, withdrew; and the Lord Prefident reported to the Houfe of Peers, that the managers for the Lords had met the managers for the Commons at a conference, which on the part of the Commons was managed by Lord North, who acquainted the managers for the Lords, that they had taken into confideration the ftate of his Majesty's colonies in North-America, and had agreed upon an addrefs to be presented to his Majefty, to which they defired the concurrence of this House.

Then his Lordship read the address delivered at the conference; and, the fame being again read by the Clerk,

The Earl of Dartmouth and the Marquis of Rockingham both rifing to peak, a debate arose who should fpeak firit.

The queftion was put, Whether the Earl of Dartmouth fhall now be heard?

It was refolved in the affirmative. Moved to agree with the Commons in the faid addrefs, by filling up the blank with Lords Spiritual and Temporal, and. Which being objected to, and a queftion ftated thereupon, after a long debate the previous question was put, Whether the main question fhall be now put?

the witty obfervation of Mr. Pulteney, afterwards Earl of Bath, in the course of the debate, "That the Chairman had made the deadeft point he ever faw in his life." Lord Camden faid, it was to the laft degree indecent to presume what either of the noble Lords intended to move; that they both came equally recommended in point of preference; and that therefore the noble Lord, who in the judgment of the Houfe fhould appear to be up firft, fhould be firft heard. Lord Gower infifted, that such a mode of proceeding was totally unusual and unparliamentary; that, very early in life, much about the period the noble and learned Lord alluded to, he remembered a circumftance which came directly in point: it was on an intended motion of the late Lord Halifax's, when the Lord-Keeper decided against him, that another noble Lord fhould be first heard. In all this hurry and confufion, however, the true point on which the preference contended for rested, seemed to be entirely mistaken, till Lord Denbigh pertinently obferved, that the preference was with the noble Earl, out of the refpect due to the other branch of the legiflature. The queftion was at length put, and the motion was carried without a divifion.

Ld. Dartmouth accordingly rose, and, after putting in his claim to be heard. to the question at large, moved, That the blank in the addrefs prefented by the Commons at the conference, and now communicated by the Lord-President, thould be filled up with the words already mentioned.

Contents 104;-Non contents 29. This produced two protefts, both which are intented p. 172.—When the question was put, Whether the Earl of Dart- Lord Rockingham acquainted the mouth fhall now be heard the Duke of Houfe, that the matter which he rose to Richmond rofe up and faid, That it was fpeak to, was to prefent petitions, one a moft flavish polition to fay that any from the merchants of London, concernLord in that House should have a pre-ed in the commerce to North-America, ference of being heard before the other, and that the preference fhould entirely be directed by determining which of the noble Lords was up firft. Lord Mansfeld replied, that he had always underfood it was in the option of the chair man, in either Houfe, (the Speaker in the other, and the Lord-Keeper in this,) to fo far decide, as at leaft to put the queftion on which of the two perfons he pleafed. To prove this, his Lordfhip adverted to a remarkable inftance in a committee of the Houfe of Commons on the Spanish Convention in 1739, when two Members rifing at the fame infiant to make motions of a direct contrary tendency, Mr. Winnington, the Chairman, pointed to one of them in preference to the other, which gave birth to

and the other from the Wett-India merchants, planters, and factors; that he imagined their contents were of the higheft importance, were immediately relative to the business under consideration, and were well worthy of arresting any determination of this Houfe, for at leaft one day, being certain, that, within that fhort period, information of infinite confequence would be laid before their Lordfhips, perhaps fufficient to alter, or at leaft foften the rigour of the measures they were now madly, haflily, and blindly proceeding to adopt. His Lordfhip then defired that the petitions might be read; which being complied with, he obferved, as a queftion was now before the Houfe, that mult first be difpofed of, the only means leit to open a door for

taking into confideration a general ftate of the petitioners grievances, was by moving the previous question. The previous question was accordingly put, and his lordship proceeded.

Wednesday, 8.] The Committee appointed to draw up the Addrefs had a conference with the Lords, when Earl Gower acquainted them that their Lordships had confented to the Addrefs delivered to them by Lord North, and had filled up the blank with the words Lords Spiritual and Temporal.' On the return of the Committee, Lord North acquainted the House of the acquiefcence of the Lords.

Ordered, that the Addrefs be prefented by the whole Houfe, and that fuch Members as are of the Privy Council do wait on his Majefty, to know his pleafure when he would be attended with it; his Majefty appointed the next day at three o'clock.

Thursday, 9.] The two Houses of Parliament, prefented to his Majesty the following address:

The bumble Addrefs of the Right Honourable the Lords Spiritual and Temporal, and Commons, in Parliament affembled. Die Martis, 7 Februarii, 1775.

Moft gracious Sovereign,

WE, your Majesty's most dutiful and loyal fubjects, the Lords Spiritual and Temporal, and Commons, in Parliament affembled, return your Majesty our moft humble thanks for having been graciously pleased to communicate to us the feveral papers relating to the prefent ftate of the British Colonies in America, which, by your Majefty's commands have been laid before us: We have taken them into our most serious confideration; and we find, that a part of your Majefty's fubjects, in the Province of Mallachufett's Bay, have proceeded fo far to refift the authority of the fupreme Legiflature; that a rebellion at this time actually exifts within the faid Province; and we fee, with the utmost concern, that they have been countenanced and encouraged by unlawful combinations and engagements, entered into by your Majesty's fubjects in feveral of the other Colonies, to the injury and oppreffion of many of their inDocent fellow-fubjects, refident within the kingdom of Great Britain, and the reft of your Majefty's dominions: This conduct, on their part, appears to us the more inexcufable, when we confider with how much temper your Majefty, and the two Houses of Parliament, have acted in fupport of the laws and conftitution of Great Britain. We can never fo far de

fert the truft repofed in us, as to relinquith any part of the fovereign authority over all your Majefty's dominions, which, by law, is vefted in your Majefty and the two Houses of Parliament; and the conduct of many perfons, in feveral of the Colonies, during the late disturbances is alone fufficient to convince us how neceffary this power is for the protection of the lives and fortunes of your Majefty's fubjects.

We ever have been, and always fhall be, ready to pay attention and regard to any real grievances of any of your Majefty's fubjects, which fhall, in a dutiful and conftitutional manner, be laid before us; and, whenever any of the Colonies fhall make a proper application to us, we shall be ready to afford them every just and reafonable indulgence: At the fame time, we confider it as our indifpenfable duty humbly to beseech your Majefty, that you will take the most effectual measures to enforce due obedience to the laws and authority of the supreme Legislature; and we beg leave, in the molt folemn manner, to affure your Majefty, that it is our fixed refolution, at the hazard of our lives and properties, to ftand by your Majetty against all rebelHous attempts, in the maintenance of the juft rights of your Majefty and the two Houfes of Parliament.

His Majefty's moft Gracious Answer.
My Lords and Gentlemen,

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I thank you for this very dutiful and loyal addrefs, and for the affectionate and folemn affurances you give me of your fupport in maintaining the just rights of my Crown, and of the two Houses of Parliament; and you may depend on my taking the most speedy and effectual meafures for enforcing due obedience to the laws and the authority of the supreme Legislature.

Whenever any of my Colonies fhall make a proper and dutiful application, I fhall be ready to concur with you, in affording them every just and reasonable indulgence; and it is my ardent with, that this difpofition may have a happy. effect on the temper and conduct of my fubjects in America.'

Lord North then acquainted the House that he had a meffage from his Majefty, which he read in his place, delivered in at the table, and is as follows:

G. R.

His Majefty, being determined, in confequence of the Addrefs of both Houses of Parliament, to take the most speedy and effectual measures for fupporting the juft rights of his Crown and the two Houses

of

of Parliament, thinks proper to acquaint this Houfe, that fome addition to his forces by fea and land will be neceffary for that purpose, and does not doubt but his faithful Commons, on whose zeal and affection he entirely relies, will enable him to make fuch an augmentation to his forces, as on the prefent occafion fhould be thought proper."

Ordered, that his Majefty's faid meffage be referred to the confideration of the Committee of Supply.

The House then refolved itself into a Committee of the whole House, on the American papers; when, after a fpeech of above an hour long, in which the propriety and neceffity of the measure was fully explained, Lord North moved, *that the Chairman be directed to move the House, that leave be given to bring in a Bill to restrain the Trade and Commerce of the Provinces of Maffachufett's Bay, New-Hampshire, Connecticut, Providence, and Rhode-Ifland Colonies in North-America, to Great-Britain, Ireland, and the Weft-Indies; and to prohibit fuch Provinces and Colonies from carrying on any Fishery on the Banks of Newfoundland, or other parts therein mentioned, under certain conditions, and for a time to be limited.' This produced a debate which continued till past eleven o'clock, when, the question being put, the Committee divided, Ayes 261, Noes 85.

The faid refolution was reported immediately, and a Bill ordered in pursuant

thereto.

The debate was fupported, on the part of Administration by Lord North, Mr. Attorney General, Mr. Sollicitor General, Sir Fletcher Norton, Lord Beauchamp, Sir William Meredith, and Welborne Ellis; on that of oppofition by Mr. Dunning, Mr. Serjeant Glynn, Mr. C. Turner, Sir George Saville, Governor Johnstone, Mr. T. Townfhend, and Mr. Burke.

The debate was moftly fupported by Gentlemen of the Long Robe, relative to whether the disturbances in America could be legally denominated rebellion, It was clear that Mr. Dunning and the learned Serjeant had much the better of the argument against their two learned and official antagonists, till Sir Fletcher Norton rofe, and gave a turn to the debate, by confeffing that rebellion was not technically defined in our law-books, but that foveral of the acts committed by the Americans were certainly treaton. This be endeavoured to prove in a variety of inftances, fuch as pulling down bawdy

houfes, levelling inclofures, deftroying turn pike gates; in thort, refitting an Act of Parliament. He laid great firefs particularly on the trials of the rioters for oppofing the Militia Act in the counties of York and Northumberland, of their being condemned and executed purely on their refiitance to an Act of Parliament. He was fet right, relative to fome of the circumftances attending that affair, by Mr. Turner, who was on the Jury that tried fome of the offenders. Sir Fletcher replied, that he was not apprised of what the Honourable Member had now communicated, but ftill he contended the rule of law was the fame. In the course of his fpeech and reply, he said he only rofe to deliver his fentiments in the way of his profeffion, not by any means intending to lead or direct the Houfe on the prefent measure as a matter of policy.

Monday, 13.] At three o'clock the House went into a Committee of Supply, and came to the following refolutions, which were ordered to be reported:

That 2000 additional feamen, including 490 Marines, be employed for the fervice of the year 1775, at 41. per man, per month, for maintaining them.

That 105,3261. 16s. 8d. be granted on account of reduced Officers of land forces and marines, for the year 1775.

That 870l. 33. 9d. be granted for allowances for reduced Horse-guards.

That 6281. be granted for penfions of Officers Widows, married before 1716.Alfo refolved,

That provifion be made for the pay and cloathing of the Militia, and for their fubfiftence, during the time they shall be abfent from home, on account of the annual exercife for the year 1775.

The first of those resolutions caused a long conversation, the obfervations of the oppofition not being framed into any motion, fo as to occafion a debate. Mr. Buller flated the different services where our fhips were stationed, what force was now in America, and the augmentation that would be neceffary to enforce the meafures of Government respecting that country. Several Gentlemen on the other fide observed, that, as before Christmas Administration was told and preffed, if they meant to adopt coercive measures, not to put a deceit on the country Gentlemen, by voting a reduced peace-establishment, and fixing the Land-tax at three fhillings in the pound; fo they were now reminded not to repeat the fame infult, by coming to Parliament for a grant of two thoufand

feamen,

seamen, when they were confcious that three or four times that number would not be fufficient to effectuate the defigns they had in contemplation, without expofing this country to the fuccefsful invalion of a foreign enemy.

They were now called to declare, whether this was the last time they meant to apply to Parliament during the courfe of the prefent feffion, or was this mode of procedure intended as a mere mockery of that good faith and confidence that ufually fubfifted between the House of Commons and the Minifter, left by developing the whole fyftem together, thofe, who now were for giving their aflent to measures directly productive of civil war, might proceed with greater caution, when they perceived that any of the most trifling confequences might come home to themfelves, and affect in a remote degree their own interests.

Lord North gave general affurances, that this would be the last application of the kind; but faid he could not poffibly pretend to foretel every event that might happen; and confequently he could not bind himself by any specific promise or engagement.

Governor Johnstone obferved, that this was a most extraordinary mode of procedure, and that he was at a lofs to deter mine whether it proceeded most from ignorance or defign. He was certain, however, that it gave full fcope to gaming in the alley, for flocks have been falling gradually, till they had now come down five per cent. It furnished a happy opportu nity to thofe in the secret to enrich themfelves at the public expence. That he did not mean to bring home this charge to any particular perfon, or set of men; but it was well known it had been frequently practifed by the confidential people in office.

Lord North replied he knew nothing of what had been done by such people, but believed upon his honour that none of the prefent confidential fervants in office did game in the Funds, for it would be bafely betraying the confidence of their Prince.

Capt. Walfingham infifted that our prefent naval force was by no means adequate to the execution of our profest intentions; for that the fquadron we defgn for America would anfwer no purpofe of flopping their Commerce, or, if we did fend a fufficient one, our own coafts, comparatively speaking, must be left totally defencele's, as he was well informed, that France alone had now 74

men of war of the line, more than one half of which were manned, and fit for actual fervice.

The Hon. Temple Luttrel fpoke warmly against the augmentation, infitting that there ought to be none, or there ought to be a very formidable one. He was totally again ft harfh measures.

Mr. Sawbridge perceived, he said, that Adminiftration were hurrying the nation to certain ruin, but he should referve himfelf to speak on our prefent conduct towards America, till a fitter and some more convenient opportunity.

No other material bufinefs was tranfacted in the Houfe till Monday, Feb. 23, when, to the astonishment of every man within, and every man without, who heard it, as foon as the Houfe had refolved itfelf into a Commi tee to take into confideration the American papers, Lord North rofe, and, after prefacing the motion he intended to make with a long fpeech, filled with declarations of candour and firmness, expreffions of threats and promifes, and predictions of blood and peace, he moved, that the Chairman be directed to move the House, That it is the opinion of this Committee, that when the Governor, Council, and Affembly, or General Court, of any of his Majefty's Provinces, or Colonies, in America, shall propofe to make provision, according to the condition, circumftances, and fituation of each Province or Colony, for contributing their proportion to the common defence; (fuch proportion to be raised under the authority of the General Court, or General Assembly, of fuch Province or Colony, and to be difpofeable by Parliament;) and fhall engage to make provision alfo for the fupport of the civil government, and the adminiftration of justice, in fuch province or colony; it will be proper, if such propofal fhall be approved by his Maj.ty and the two Houses of Parliament, for fo long as fuch provision fhall be made accordingly, to forbear, in respect of fuch province or Colony, to levy any duty, tax, or afleffment, except only fuch duties as it may be expedient to levy or impofe, for the regulation of commerce, the net-produce of the duties laft mentioned, to be carried to the account of each Province or Colony respectively.

And, the motion being repeated, and a question proposed that the faid refolution be agreed to, Mr. Echlin moved, that the Chairman do now leave the Chair; he was feconded by Mr. Van, and a debate enfued, which continued till eleven

o'clock,

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o'clock, when, the queftion being put, the Committee divided, Ayes 88, Noes

274.

The main queftion was then put, and agreed to without a divifion. The faid refolution to be reported on Friday, and the Committee to fit again this day se'nnight.

This debate occafioned numberlefs fevere ftrictures on the conduct of public measures for fome years back, many of which were directly pointed at the Minifter. Mr. Fox, in particular, charged him with being a heap of contradiction, a very mafs of inconfiftency, willing to adopt the most violent and arbitrary meafures; but timid to fuch a degree as to be afraid to purfue the most fimple and obvious. In fine, as a compofition of defpotifm, without fpirit or refolution, of the most notorious duplicity, wrapped up in thread-bare profeffions of candour and moderation, of negligence and incapacity, and of the most unbounded luft for the emoluments of office.

Lord North defended himself very ably, and contended, however true the charge of incapacity might be, none of the reft had the least foundation in juftice. As to the charge of inconfiftency, he infifted that the prefent motion did not, nor was not meant to give up a fingle point. He faid it ftill included the legislative fupremacy, and, as to the right of taxation, that was ftill retained, by referving to the British Parliament the power of rejection, it being the intention of Adminiftration to fend the Bill intended to be formed on the prefent refolution, with the Bill for reftraining and prohibiting the commerce and fifhery; and, in cafe of refufal on the part of America to agree with the former, then to purfue the line already chalked out.

Col, Barre was heard with remarkable attention, and was by no means fparing of his cenfure on the prefent occafion. He plainly faw, he said, that this was only meant as an expedient to break the combination and union among the Colonies; and, when that was once effected, that Admi niftration intended to take their former ground.

Mr. Burke was up for above an hour, and obferved, with great ability, on the feveral arguments urged on the other fide, and coincided ftrongly in fentiment with his honourable friend who preceded him, (To be continued.)

The refpective Pleas of the Parent-flate and of the Colonies examined and compared together; and the Impoffibility of their

March, 1775.

making any mutual Conceffions, confiftently with their refpe&tive Claims, proved and demonftrated. By Jofiah Tucker, D.D. Dean of Glouc fer.

THE

HE firft thing obfervable in this controversy is, that there is no common principle to reft upon, no common medium to appeal to. The Colonists reafon principally from what they apprehend ought originally to be the cafe,-to what in future fhall, or must be:And the Mother-Country from what actually was, to what fill ought to be. Or, in other words, the Parent-flate grounds her prefent claim of authority and jurifdiction over the Colonies on facts and precedents, and on what was actually the fate of things at the first settlement of thefe Colonies, and during the whole courfe of their growth and progress ever fince,-adding withal, that, in every ftate or commonwealth, ancient and modern, legal protection neceffarily infers the duty of legal obedience, and that there must be in every government a dernier refort, and a ne plus ultra of ruling power. On the other hand, the Colonifts, who are all the difciples of Mr. Locke, have recourfe to what they call immutable truths,-the abstract reasonings, and eternal fitneffes of things,—and, in fhort, to fuch rights of human nature, which they fuppofe to be unalienable and indefeasible. Former laws and precedents carry little or no conviction to people who argue after this manner: And therefore they are feldom or never mentioned by the Americans: For all thefe, they well know, would furely make against them. And, as to any claims to be derived from regal charters, they are not infifted upon as the main pillars of the American caufe, [indeed, if they were, such supporters mult fail of course; because, every charter, granted folely by the King, muft, in the very nature of things, be fubordinate to the fupreme legiflature both of King and Parliament.] But thefe claims, pretended to be derived from charters, are quoted only by the bye, as a kind of fupernumerary proof, and as a fort of analogical reafoning, fit only for those whofe weak minds cannot digeft arguments of a fuperior ftrength and quality.

Hence, therefore, it is plain and evident, that there can be no grounds for a compromife of differences between these two contending parties, for they hold nothing in common to ftand upon: So that either fide must maintain the whole of its claim, or wholly recede from it. You

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