old mode of requisition. That he had heard in the committee the idea of the hon. gentleman (sir G. Yonge) as also the idea of the hon. gentleman (governor Pownall) behind him. And he owned he thought the idea of the hon. gentleman behind him, of a proviso making it clear that nothing was meant to restrain the crown from making requisitions, nor the people from making grants upon them, might be very proper. He had always considered the Petition as an answer to the conciliatory proposition he made last year.. plies from the province of Nova Scotia, then, according to the prayer of said Petition of the said province, such requisitions should be made, as have been formerly practised in North America, whereby the said province may have an oppor tunity of shewing their duty and attachment to their sovereign, and their true sense of the cause for which such requisi tions were made, by means of which alone his Majesty can be made acquainted with the true sense of his people in that distant province." Mr. Feilde seconded the motion. He entirely agreed in the whole of the hon. gentleman's argument; and added, that matter was of too much consequence to be left ambiguous. Governor Pownall moved the previous question; in order, he said, to introduce a motion he had given notice of before. The House divided. For the previous question 89; against it 12. Sir George Yonge said, it was no answer to the noble lord's conciliatory proposition; for that proposition was addressed to those colonies with whom we had differences, but we had no differences with Nova Scotia. In the next place he said, this colony acknowledges the parliament of Great Britain to be the supreme legislature, and so did the General Congress; that the petitioners acknowledge it to be Governor Pownall said, he was some. their duty to contribute to the empire, and what experienced in this matter, as to the so did the Congress. But that they like- grounds on which the people of America wise claimed the right which the Congress give and grant their monies. He knew claimed: namely, the giving and granting their jealousies on this subject, and how their own money, and not being taxed by necessary it is to obviate all such. That parliament; that they claimed this as their he had therefore on this occasion, wherein own right, as well as all America, to the House are calling upon them to con which they desire to be held out as a pat- tribute, by their own grants, to the com tern; and they desire it on the footing of mon burdens of the empire, and to the compreserving to themselves, as well as all mon defence, very attentively watched the America, the rights of mankind in civil mode in which (in this particular case) society. He was convinced they claimed the House would frame this business: that the exercise of this right, as the condition there may be nothing, not only to give upon which they consented to grant that real grounds of objection, but not evea tribute to the empire, and of their duty grounds of jealousy. He was very appre and allegiance to their mother country. hensive lest when the House came to He added, that being by this Petition con- frame that part of the Bill which requires that these were the genuine the approbation of parliament to the jast sentiments of all the colonies, as well proportion of the quota offered, it should those with whom we had differences as act as referring to any principle which those with whom we had not; and that if even seemed to imply, that no laws where the exercise of this right was granted by by grants of money are made to the an explicit declaration, which was the crown, were complete and had legal effect only road to peace, there would be an end until the king and parliament consented to the war; that he therefore, for the sake to them. All laws, unless such as are of peace, should conclude with the offer of contrary to the laws of England, made by his proposition, wishing the ministry to the assemblies, are complete and have accept of it, that they themselves might legal effect, unless disallowed by the king. make that peace, which he should thank But in grants of money, as a quota, tothem for, as well as every man in Eng-wards the common defence, which grants land; which he was satisfied was in their power, if it was but in their inclination; but was only in their power, or in any body's, by means of a declaration of that kind: "That when the public exigencies of the state may require any further sup like all others are made to the king, the king's acceptance, accompanied by his thanks, is the true mode of approbation, and he hoped the Bill would be framed accordingly. There was a second point in which he thought he could discern the seeds of jealousy; that was, the fixing the quantum or amount of the duty. To avoid all doubts on this head, and to hold it out to the other colonies as an indisputable truth, that the House do not mean that the amount of any grant made by any House of Representatives in America, must originate in the British House of Commons; it would, he hoped, be discriminately marked, by reciting in the Bill that the naming the amount or rate of the duty, in this case is done, at and in consequence of the express reference and special desire of the House of Representatives of Nova Scotia. A third point will also require a scrupulous attention. He had watched it with a jealous attention: and that is, that although the money granted for the common defence must lie at the disposal of the supreme power which hath the direction of the common defence; yet the application of it to that defence only, so as that it may never be perverted to other purposes, should lie with the grantors. If this matter be not made clear in the tenor of the Bill, whatever Great Britain may get from Nova Scotia, it will never have a grant from any other province. If these matters should ever be settled, there will still remain a doubt which must be cleared up. The people of America have got rooted in their hearts a jealousy, that when the parliament have once carried the point of a fixed and permanent revenue for the support of the colony government, and a perpetual revenue for the common defence, assemblies will become useless, and that all intercourse between them and the crown, will be cut off. The House of Representatives of Nova Scotia express this fear and jealousy, and it is the universal apprehension of the whole continent of America. A motion arising from a very accurate and proper attention, was made in the committee by an hon. friend of his (sir G. Yonge) and had it been placed on such ground as suited the constitution both of the colonies and of parliament, he would have supported it. It was not so framed. That something on that idea ought to be done, he was fully persuaded. He had therefore drawn up, under the form of an instruction to such committee as shall be ordered to prepare and bring in the intended Bill, the idea which he meant to propose to the House when that Committee is appointed: "That they do by a proviso take care [VOL. XVIII.] that nothing in that Bill doth extend or be such as may be construed to extend in any manner to restrain the crown, when the exigencies of the state may require any further aids from the said province, from making requisitions thereto in the usual manner, as formerly practised; nor to restrain the people of the said province from giving and granting to his Majesty, by their representatives in assembly met, further aids on such requisitions so made;" by which, as they properly say, they may have an opportunity of shewing their duty and attachment to his Majesty, and their sense of the service for which such requisition is made. The first Resolution being agreed to, when the second came to be reported, Sir George Yonge moved as an amendment: "That it appears to this House, that the granting the power to the colony of Nova Scotia, of proceeding for the supply of the future exigencies of government, by the mode of requisition formerly used in America, was the condition on which the said colony did make the offer of granting the revenue in their petition expressed." He Mr. Burke seconded this motion. said it was almost in vain to contend, for the country gentlemen had abandoned their duty, and placed an implicit confidence in the minister: but that should not prevent him from performing his duty; for, let the noble lord be in or out of office, when the measures which he was hurrying the nation wildly and inconsiderately into, were fatally proved to be destructive in their consequences to the most important interests of this country, his lordship might depend on it, that he would be made responsible for measures he had carried into execution, under the sanction of such a confidence. Mr. Fox spoke in favour of the amendment. He said, an opposition to it by administration, appeared to him scandalous and disgraceful. He was astonished how the House could agree to such a solemn mockery of ail parliamentary order and decorum. The Amendment was negatived. The second Resolution being agreed to, Mr. Burke proposed the following amendment to the third Resolution: "That although the terms of the Resolution of this House, of the 27th of February 1775, relative to the colonies in America, do seem literally to require, that the offer therein mentioned should be made by the [3 U] governor, council, and assembly, or general court of any province, the true intent and meaning of the same does not require any thing more, in order to be accepted by this House, than that it should be made by the House of Representatives of such province; and also, though the said Resolution seems to require that the said offer should be a proportion, according to the condition, circumstances, and situation of such province, yet that the true meaning of the said Resolution doth purport, that any duties which this House shall approve, will be accepted as a compliance with the said Resolution, although no grounds for determining the said proportion be laid before this House; and also, although the said Resolution does seem literally to require that they should engage to make provision for the support of the civil government and administration of justice in such province, the same doth not require that any other provision for civil government should be made, than what such province hath been accustomed to make." It passed in the negative, and the third Resolution was then agreed to. Debate in the Lords on the Indemnity Bill for introducing Foreign Troops.] Nov. 30. On the third reading of the Indemnity Bill, The Marquis of Rockingham opposed it in strong terms. He observed, that it would be a disgrace to the statute books, as it held out an indemnity while, in fact, it asserted the persons indemnified were guilty of no offence whatever on the contrary, it legalized the measure of sending his Majesty's electoral troops into the gar risons of Gibraltar and Port Mahon, while, at the same time, it held out an indemnifiIcation for an offence against some law existing at the time the supposed illega! act was committed. Viscount Weymouth thought the Bill totally unnecessary. He was sure the measure was in itself perfectly justifiable, and offered to divide with his lordship, if he should think proper to put the question for rejecting it. The Earl of Suffolk could not see any necessity for the Bill. Besides, though such a Bill should be looked upon as necessary, in its present form he could never approve of it, because the preamble was at direct variance with the enacting clauses: it proposed to indemnify such persons as advised his Majesty to send his electoral troops into the garrisons of Gibraltar and Minorca, while the preamble stated "that doubts having arisen, &c." Earl Gower thought the measure legal and constitutional, and had accordingly advised it in concert with the rest of his Majesty's ministers; and now, in conformity with those sentiments, he should be for rejecting the Bill. The Bill was then rejected. Debate in the Commons on the American Prohibitory Bill.] Dec. 1. Lord North moved for the second reading of the Ameri can Prohibitory Bill. He said, if there was any thing which carried an air of severity in the Bill, it would be in the power of America herself to prevent its operation; for all that the people of any colony had to do, was to own the legislative supremacy of Great Britain, as the parent and controlling state: or if unwilling to accede to any general declaration of that kind, to contribute of their own accord towards the support of government, as one of the parts of the empire entitled to the protec tion of the whole. The Hon. Thomas Walpole. My sen timents have been so rarely delivered in this House, that some gentlemen consider me as one of those who have lately changed their opinions respecting America. Had I indeed formerly approved the measures of government towards the colonies, the ill success which has resulted and which is likely to result from them, would now convince me of the expediency of changing the system of our conduct. My sentiments, however, have been confirmed, not altered, by our late unsuccessful experiments in America; as I have constantly disapproved every Act for imposing taxes on the colonies. Respecting the Bill now under consideration, I must oppose it, because of all our proceedings, this appears to me the most violent and impolitic. It begins with a formal indiscriminate declaration of war, against the inhabitants of thirteen colonies, and after authorizing a general seizure and confiscation of their effects, it concludes with a fallacious nugatory pro vision respecting the attainment of peace. Concerning the first of these objects, I must observe, that were it both justifiable and expedient to seize and confiscate the property of the colonists without discrimi nation, the time for doing it is past, and the measure become impracticable, by that total suspension of commerce which which have induced them to associate, arm and fight in the defence of their sup posed rights, will not for ever prevent the return of peace, unless more adequate and just provisions be made for obtaining it. has now taken place in America. Twelve months ago, indeed, an attempt of this kind might have succeeded, but its success would have been ruinous to multitudes of British merchants, who were either immediately or remotely interested in the cargoes of all American vessels wherever dispersed, and especially of those laden with corn, which the Americans were honourably sending us in discharge of their debts, and which was necessary to preserve Europe from famine. The attempt was therefore wisely suspended, as indeed every other hostile measure ought to have been; since it is impossible for us to injure the colonies without suffering by the distress which we may occasion them. But if it was expedient to delay the seizure of American ships while they were in our power, it must be absurd to attempt it when the measure is no longer practicable, or at least when our only captures will be privateers, which a knowledge of this Act will provoke the colonists to fit out, in order to distress our West India trade, and make reprisals for those depredations which we are now going to authorize; unless, indeed, the severe penalties of this Bill should (as I think they will induce the Americans to open their ports to the ships of other maritime powers, and invite foreigners to supply their wants; a proeeeding which would compel us to seize the effects of the subjects of other states, and eventually involve us in a disastrous European war. Respecting the concluding part of this Bill, I cannot but think the provision which it makes for peace is very inadequate to the attainment of it. For the provision consists only of a power in certain circumstances, to grant particular pardons and exemptions from the penalties of this Act. But will the offer of pardon satisfy men who acknowledge no crime, and who are conscious, not of doing but of suffering wrong? Or will the prospect of an exemption from commercial seizures, without the redress of any grievance, disarm those who have deliberately refused all commerce until their grievances shall be redressed? A noble lord, who is now become the minister for America, has indeed told us, that nothing should be granted to the colonists until they shall have laid down their arms and made an unconditional submission to our claims. Very little however must his lordship know of human nature, or of the people annexed to his department, if he thinks the motives of our The only benefit which has resulted from our unhappy contest with America, is, that by it we have been led to revert to the first principles of civil polity. After numerous struggles between the powers and opinions of contending parties, we all now agree in this fundamental truth; that civil government was instituted to benefit the many who are governed and not the few who govern; or, in other words, that its proper end is the preservation of life, freedom, and property; and of these, the latter has, under our constitution, been the object of peculiar care. Indeed, the very nature of property, as it is constantly defined, requires that the proprietor alone should have a right to dispose of his property, and therefore it is that by the most solemn provisions of our government, the consent of those from whom money is wanted for national services, is made indispensably necessary. I have attentively considered the peculiar rights of this House respecting the imposition of taxes, and also the usual words, forms, and circumstances of our pecuniary grants, which of themselves sufficiently prove, that a right of granting away the property constituents is totally distinct and different from a right of making laws to govern them. We are the only branch of the legislature that represents the people and property of Great Britain (the peers sitting by titles derived from the crown) and therefore a grant of this House in its representative capacity necessarily precedes the imposition of any tax on the people. This appears from the tenor of all the Acts for raising supplies, which begin with reciting that "the Commons" alone, separately and distinctly, have first granted the rates, duties, and impositions, intended to be levied, and afterwards proceed to enact, by the joint authority of King, Lords, and Commons, that the sums which have been thus distinctly granted by the latter shall be collected according to the intention of their several grants; and in the very same manner the legislative assent of parliament was always required to authorize a collection of the subsidies formerly granted by the clergy in convocation; though yet, without a previous grant from the clergy, no taxes were collected from them by authority of parlia ment until the reign of Charles the 2nd, when they obtained a share in the national representation. And, excepting the perplexity, which late sophistical fallacies inay liave occasioned on this subject, no privilege of our constitution was ever better ascertained, more generally understood, or more confidently believed, than the privilege which Englishmen for a long succession of ages have enjoyed, of being taxed only with their own consent, or that of their representatives. In virtue of this privilege it was, that the unrepresented people of America refused to pay the taxes we have lately imposed on them; a refusal which has been followed by a series of intemperate and violent acts on our part, and by a loss of our former dominion over thirteen of the colonies on that continent. To recover the affection, the commerce, and the allegiance of the people of these colonies, should be the end of all our endeavours. The measures which we have hitherto pursued for this end have produced none but the most pernicious consequences; it is time therefore to profit by experience, to grow wise by misfortunes, and to try the effects of a different system of conduct. Enough, and I fear too much, has been already attempted by irritation, by menace, and by violence; let these give way to milder proceedings; let us seek for peace, not by carrying war and desolation over the countries we would govern, not by destroying the sources of that commerce we would regain, not by exciting irreconcilable hatred in those whose affections we should reconciliate, but by pursuing the dictates of reason, humanity, and justice, which are all repugnant to every part of the Bill under consideration. considered for an instant, the propriety of that part of the Bill must be self-evident; for as the non-exportation and non-importation agreement had unconditionally taken place the 10th of September last, the inevitable consequence would be, that all trade being at an end between both countries, a communication would be open between America and the several maritime and commercial nations of Europe, particularly France and the United Provinces. He said, in the present state of things, however great our native strength and resources might be, such was the nature of a land war to be carried on in that distant part of the world, that we could never expect to succeed; therefore the present Bill was necessary, as, by restraining their maritime intercourse with other nations, it would completely cut off all their resources, and give Great Britain the advantage of exerting her strength on that element, where she never found an equal. He concluded with asserting, that the government of this empire was placed in the British parliament; that of course, whatever the British parliament, in its wisdom and justice, decreed, was, to all intents, constructions, and purposes, binding upon every other part of the whole empire. Mr. Dunning said, that whatever doubts prevailed on the first day of the session, whether the speech from the throne predicted war or peace, no one could now be at a loss to know its genuine import. He was one who looked upon it, from the very beginning, to be a formal declaration of war against all America. He was every day more and more satisfied that his suspicions were well-founded; but now he had nothing to prevent him from pronouncing with certainty, that he was fully Mr. Cornwall did not see how the dis-justified in his opinion, that war, and a war pute with America would be productive of a war with any European power. He imagined the reverse, because Spain in particular, feeling a similarity of situation and interest, instead of encouraging America in acts of disobedience to the parent state, would rather contribute every thing in her power to suppress a revolt, which, in example, might be fatal to her own interests in the new world. He observed, that great stress, he foresaw, would be laid on that part of the Bill, which subjected all ships, merchandize, &c. which belonged to the people of America, or any persons whatever found trading to that country, to forfeiture and confiscation; but, if the present state of that country were only of the most unrelenting and bloody complexion, was meant to be made on those devoted people. He was tolerably versed in history, nor was he ignorant of the laws of his country; but never, within the compass of his reading or knowledge, did he hear of such a rebellion as the present. Who, said he, are the rebels? What are the principles they controvert? Who is the prince to whom they profess obedience? But, turning from those matters, which are only a fit subject for ridicule, do not the consequences promise to be serious? Let us think only for a minute of the manner we have been treated. How is it possible we can proceed an inch with any propriety, without the necessary informa |