though generally claimed, had always been tacitly allowed to be fet afide in the fubfequent cartels. But when the American commiffioners had agreed to accept of 1040 prifoners, in exchange for Lieut. Gen. Burgoyne, minifters had for the firft time infifled on their taking the Cedar-men as a part of that number; and the Americans being equally determined in refufing them, his exchange, under fuch circumftances, became a matter of abfolute impoffibility.

As a farther proof of the partial and oppreffive conduct of government towards the lieutenant-general, Mr. Burke informed the Houfe that he had received a letter from Dr. Franklin, inclofing a refolution of Congrefs, by which he was empowered to treat with the British miniftry for the purpofe of exchanging General Burgoyne for Mr. Laurens. This negociation Dr. Franklin had re quefted Mr. Burke to undertake; and he had accordingly made the proper official applications; but hitherto without effect.

In the converfation which afterwards.took place on this fubject, the charge of Mr. Laurens's having been treated with any unufual rigour was pofitively denied. In proof of this affertion, a letter was read from the lieutenant-governor of the Tower, dated November 1780, in which he acquaints one of the fecretaries of state, that he had waited on Mr. Laurens for the exprefs purpofe of fatisfying himself with refpect to the treatment he had received, and that he learned from his own mouth,

that he had met with every civility and kindnefs that he could poffibly hope for. A member alfo got up and declared, that the lieutenant-governor had again vifited his prifoner, within the laft three days, and that he had not heard there was the fmalleft ground of complaint.

Between these contradictory affertions the matter remained fuf pended till the day of the adjournment of the Houfe, when Mr. Burke brought up a representation and prayer, addrefied to the House of Commons by Mr. Laurens himfelf; which was, on a motion laid on the table. It was remarkable that this petition * was written by Mr. Laurens himfelf with a black lead pencil; he having, as is fuppofed, refufed to accept of fome indulgences that had been lately offered him, and among the reft, that of pen and ink, the use of which had been during the greateft part of his confinement ftrictly forbidden him.

It may not be improper in this place to add, that the admiffion of Mr. Laurens to bail, and the exchange of General Burgoyne, which foon after took place, together with the fubfequent alterations in the political government of the country, made it unneceffary for Mr. Burke to proceed with his intended bill of regulation.

In the Houfe of Lords, the ordinary bufinefs of government was fuffered to proceed without any oppofition till the day Dec. 19th. appointed for paffing the malt and land-tax bills, when

the

the Marquis of Rockingham moved, that the third reading of the bills fhould be deferred till the first Wednesday after the recefs. He prefaced this motion by declaring, that a recent public calamity, the retreat of the fleet under Admiral Kempenfeldt, had brought him down that day to the Houfe; that he came without confultation with any perfon whatever, and with the expectation that he fhould probably not meet with a fingle peer who could unite in opinion with him; but that he was neither to be deterred from the faithful discharge of his duty by fuperiority of numbers, nor difheartened by the thin attendance of his friends.

He then entered into a concife but comprehenfive detail of the ftate of the nation, and urged from thence the neceffity of coming to fome immediate and decifive measures for faving what remained of the empire from the irretrievable ruin towards which it was rapidly verging. If the difficulties under which the country laboured had arifen from the ordinary viciffitudes of fortune, he knew, he faid, that the pride, the fpirit, the perfeverance, the unconquerable refolution of Englifhmen would still be able to furmount them; but whilft he traced them to their real caufe, to the existence of a ruinous fyftem of politics which had blafted the vigour and energy of the country, had driven every man of honour and ability from the fervice of the crown, and was founded on a principle of weakness and difunion for its bafis, he confeffed that he felt himself overwhelmed with defpair.

After a fpeech of confiderable length, which was delivered with an unufual exertion of voice and a flow of genuine eloquence, he concluded with calling on the noble lords prefent to join him in delaying for a few days the granting of the propofed fupplies, in order that in a fuller affembly, and after a more mature deliberation, they might be better able to judge how far it was prudent to entrust any longer the expenditure of the public money to perfons whofe grofs misconduct was every day the caufe of accumulating fresh misfortunes on the country.

The objections made to the propofition of the Marquis, were founded on the mifchiefs that would arile from any delay in granting the current fupplies of the year, and were nearly the fame with thofe that had been urged before on the like occafion in the, other Houfe. The queftion, as amended, being put, was carried in the negative, and the bills paffed without a divifion.

On the 20th, as foon as the royal affent was given to the money bills, and the Speaker had returned to the House of Commons, one of the lecretaries of the treasury rofe, and moved that the Houfe at its rifing fhould adjourn to the 22d day of January.

This motion gave rife to a warm and animated debate, in which: the recent instance of mifconduct in the first lord of the admiralty was ftrongly infifted on as an additional proof of the neceffity of proceeding, without delay, into an investigation of the caufes of the difgraceful and ruinous events that had attended all [K] 3 our

and able speech by Lord Mulgrave; but his doctrines relative to the refponfibility of official minifters, was strongly reprobated. He had argued that the noble Earl, against whom the members, on the other fide had been fo liberal in their charges, acted in two diftinct capacities, that of a cabinet-minifter, and of a first lord of the admiralty; and therefore, that it was unfair to make him folely refponfible in his official character for faults which might have originated in the cabinet council, of which he was only one member. Thus, he faid, with refpect to the blame imputed to the noble earl for fending out Admiral Kempenfeldt with only twelve fail of the line, the charge ought in juftice to have confifted of two branches; the first question fhould have been, Whether the cabinet had acted right in ordering out twelve fail of the line to watch the motions of nineteen? And the fecond, Whether the board had been neg.

as being of a most dangerous and novel, kind, and totally incompatible with the principles of the British conftitution. The conftitution, it was faid, knew of no cabinet council; but in whatever department caufe of complaint fhould exift, the minifter at the head of that department was fpecially accountable to the public, whether he acted on his own judg ment, or by the directions of others. It was not merely for the equipment of fleets, but for their arrangement and destination, and in fhort, for every thing that related to the management of the naval forces of the country, that the firft lord of the admiralty was by the conftitution refponfible.

A compromife at length took place on the queftion before the House, by which the day of adjournment was altered to the 21ft of January, and the call of the Houfe, which had been ordered for the 31ft, altered for the famo day.

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fore any proof of misconduct was fubftantiated, was to condemn a fervant of the public unheard, and to proceed to pafs fentence, with out allowing him the liberty of entering on his defence. Againft fuch opinions he begged leave moft folemnly to proteft. Parliament, he contended, had a right to advise the crown to difmifs any of the public fervants, with or without affigning a fpecific charge; with or without intending to proceed to any farther measures against them. But when great national calamities called for an enquiry into the caufes that produced them, parliament, which was bound to fee juftice done to the public, was neceffarily competent to take fuch previous fteps as fhould lead to a full and impartial investigation.

The pretended injuftice of requiring the difmiffion of a minifter without affigning any caufe, or of removing him previous to enquiry into his conduct, muft, he faid, be founded on an opinion as falfe as it was abfurd and ridiculous; that minifters held their offices as a fort of eftates, or franchifes, of which they ought not to be difpoffeffed but by due course of law. He knew that no member could venture to avow in terms fuch an opinion; and yet the House had fo long been in the habit of acting upon it, that he found himself under the neceffity of giving way to the prejudice of the times; and, confequently, of proceeding in a manner totally contrary to his own decided judgment.

He next proceeded to ftate the difficulties which he would unavoidably have to encounter in the

profecution of the intended enquiry. The influence arifing from the official fituation of the first lord of the admiralty, was, he faid, fuperior to that of any other minifter whatever; and befides this, the noble earl was fuppofed to enjoy, in the higheft degree, the favour and confidence of his Sovereign. From thefe, it was also well known he had acquired a third and no contemptible acceffion of influence, a predominant and irrefiftible weight in the direction of the affairs of the Eaft India Company.

The length and complexity of the inveftigation, if carried to its full extent, he was apprehenfive would alfo prove a very ferious difficulty. He knew that the zeal and industry of the Houfe of Commons, collectively confidered, was too feeble to fuffer him to entertain a hope that they would attend to the dry detail of official evidence; that they would examine into a variety of tedious documents, and acquire that full knowledge of their contents, which might enable them to pronounce with juftice on the merits of the question before them.

The fubject matter of the enquiry, he faid, naturally refolved itself into two heads; the firft, Whether the first lord of the admiralty had availed himself of the means in his power of procuring a navy adequate to the occafions of the ftate? The fecond, Whether he had employed the force he actually had to the best advan tage?

With refpect to the first of these questions, though he was most firmly convinced that the noble earl would be found not less cri