in cafe he was difturbed in the polleffion of his dominions. It was not fufficient to pay for his troops, but we must ftipulate for the prefervation of his orange

trees.

grave every fuccour in his power to give, coft the nation ten millions. Six millions had been voted. The extraordinaries for the army had already amounted to 900,000 1. Upwards of 400,000l. had been laid out in the purchafe of dollars for the payment of the troops in Ame rica. Thus England was impoverished, whilst America became the receptacle of her fpecie. The laft German war had been depiored on account of the lavith expenditure it occafioned. Mr Mauduit, who had compiled a pamphlet on the fubject, laboured to make it appear, "that every Frenchman killed coft England one thousand pounds." Mr Mauduit had compiled that pamphlet profeffedly under the aufpices of Lord Bute. If it was paying France too great a compliment to give one thousand pounds for a Frenchman's fcalp, ought not the sympathetic feelings of humanity to check that extravagance which led us to offer more for the fcalp of a felow-fubject? Whither had that spirit of honour fied which had once characterifed the British nation? Juftice, mercy, and the kindred ties of mutual amity, were they all vanished from our bofoms? and had a principle of fiend-like vengeance ufurped their place? We had waged a focial war; we had hired mercenaries left Britons fhould relent, and,, in the yearnings of compaffion, not shed blood enough. Ministry, however, had as yet no reason to com plain. Their agents hitherto had acted as cruelly as could be wished. Towns had been fired: Norfolk was now in afhes [92.]. No reflection was intended on the executors of fuch a buliness : They had a&ed by commiffion. Those who had iffued fuch a commiffion merited fomething more than cenfure.

Nor was this all. By the treaty, his Britannic Majefty was at liberty to employ the Helian troops in whatever part of Europe he judged proper. Twelve thoufand foreign mercenaries, commanded by a Lieutenant-General of their own ration, formed a force too great to be introduced with fafety into any part of the British empire. The meafures of administration bad been of that caft as to alarm, with reafon, the friends of liberty. It had been long fufpected, that a lurking principle of defpotifm pervaded the cabinet. That alacrity to squander the public money in hire of foreign mercenaries, and ftipulating for their intro duction into any part of Europe, feemed to augur an evil intent on the liberties of this country. If, however, America was in reality to be the fcene of action, the blunders of administration were appatent in the following inftances. No cartel had been fettled, for want of which a mutiny might enfue. The Heffians, on their arrival in America, were not to be feparated. They were to act conjonctively, in a body. They were to be commanded by an Heffian LieutenantGeneral; who, on his part, was to be commanded by an officer of inferior rank in the English army. The Heflian offcer might take umbrage at this; and thus diffenfions might enfue. But apart from thefe abfurdities, there was one thing, in the Noble Duke's apprehenfun, perfectly unaccountable: The mercenaries were to be double-officered. For what purpofe could this be permitted, uniefs for that of enhancing the expence? If miniftry thought that the foreigners would recruit their numbers, and if, on this account, they had permitted fuper, numerary officers to command the newrailed regiments, the conjecture would prove abortive; defertions were more likely to happen,

The expence of hiring thefe mercenaries was enormous. By eftimate, it appeared, that we paid more for the hire of twelve than was formerly paid for fe Tenteen thousand men. Many articles could not be eftimated, fuch as hofpitals,

but at the most moderate computa. tion the American war would this year

From the method in which the Ame rican war had hitherto been carried on, it was apparent, that the discontinuance of flaughter was not to be expected on a principle of humanity. Should hoftilities be continued on principles of policy? Could the nation support itself under the accumulated expence? If the first year's expence of the war amounted to ten millions, to what an enormous fum must the expence arrive by a progreffive accumulation? The hire of the mercenaries would coft 1,500,0col. The ftipulated fums were all to be paid in banco. The Landgrave was the receiver general. His troops were to cut throats and plunder. Their pay went into his coffers.

Befides the vast expence, which would

neceffarily

neceffarily occafion an increase of taxes, to England. Wherefore had they not was the kingdom in that defenfive ftate, been tried? For what reafon had Ethan as to endure a transportation of the Allen been hurried back to America with flower of our army? In Ireland there all imaginable precipitation? Miniftry might be a force of 6000 effective men. had not dared to risk the trial of that In England we might have the fame man. They were confcious that an number, exclufive of cavalry. Draughts English jury would have acquitted him. had been made, from the invalids, of e- The punishment, therefore, of indivivery effective man. When Portsmouth, duals, was not the object of the war. Plymouth, and Chatham, were garrifon- Miniftry had made captives of very fla ed, what an inconfiderate number would grant offenders, yet had they not dared be left for the defence of England? to proceed to punishment. From conScarcely 2000 would be drawn out on queft, nothing, unless ruin, could be any fudden emergency. The Royal faith reaped; and as to revenue, it was only had been pledged to maintain 12,000 the mode of raising it for which we were troops for the defence of Ireland. The fqandering millions. American war had drained that country of men, as it would this of money and men. A militia had ever been deemed the most conflitutional defence of the kingdom: but the militia hed, for fome time paft, not been officered agreeable to law. Was the navy in a proper condition? Had we, or had we not, experienced a fcarcity of feamen? Thele were inquiries of infinite moment: for as France and Spain must rejoice at our “unnatural rupture with America, they might feize the critical moment of danger, take advantage of our enfeebled ftate, and parcel out the dominions of Britain. Instead therefore of exhaufting our strength, instead of spinning out our vitals, to be revenged of even a refractory member of the body politic, we thould listen to the voice of reason, of justice, of expediency.

Did we grafp at conqueft or at revenue? Revenue would freely be paid, if we deigned to accept it in that mode alone whereby freemen would convey it. If conquest was our object, it proved that & fpirit of infatuation had feized on the miniftry. Smoaking towns, depopulated villages, and the angled corpfes of kindred flain, were fpectacles of horror from whence no giory could enfue. The blood of fellow-fubje&s could lead to no victory. It could gratify no ambition unless of the Satanic caft.

Was the chaftifement of rebellion the object contended for? An obfolete act had been revived, feemingly for the purpose of punishing the American tranfreffors. The act of Henry VIII. had been extended to the colonies. Parlia. ment had fanctioned that act. Some American rebels had been taken. They were in arms against the legiflature. They had been ironed, and brought over

But was it certain, that even conqueft would enfue? A reference to the laft campaign by no means demonstrated the practicability of conqueft. On the fide of miniftry, blunders had generated difgrace. The British arms had been tarnithed. Was it in the nature of things, to expect more from mercenaries than from English troops, who could brave the thunders of the world? Conqueft was not fo certain. Expence only was certain, and foreign fubjugation might fol low a base attempt to enslave a part of ourselves. In fuch an attempt it was not furprifing, even if thofe who in public joined their efforts, in private expressed their doubts as to the propriety of the measure. Unftableness of counsel, dif cordancy of plans, one day appointing an officer, the next recalling him; there were fo many marks of folly, which put wisdom to the blufh. Adm. Graves had been cenfured: he had been recalled. Adm. Shuldham had been dispatched; but before he could reach Bofton, Lord Howe had been nominated to fuperfede his command. Gen. Gage was fill the nominal commander in chief, although he virtually enjoyed no command at all. If all this argued not the extreme of imbecility, then was found policy a term without a meaning.

From an affemblage of fuch objections, the Noble Duke inferred the absolute neceffity of imploring the fovereign to deprecate the calamities likely to refult from fo unnatural a war. The Noble Duke moved to addrefs the King, "That his Majefty would be graciously pleased to give immediate orders for ftopping the march of the Heffian, Brunfwick, and Hanoverian troops, and for a fufpenfion of hoftilities in America, in order to lay a foundation for a permanent reconcilia

tion between the great contending parts ther-country, the Noble speaker had of this diftracted empire." joined a miniftry who were ftruggling to maintain the legislative anthority of G. Britain.

Lord Suffolk defended the treaties. The objectionable claufes had been drawn up agreeable to ufage. High-founding words were to be found in every foreign treaty G. Britain had negotiated. It was not fo much the form as the fpirit of treaties, to which the nation fhould ad

vert.

As to the terms on which these treaties had been negotiated, they were more reasonable than, circumftances confidered, could have been expected. It was not furprising, that we fhould pay fo much for the hire of troops; the mirade was that we were not to pay more. The loan of a body of inland Germans, to be transported across the Atlantic, was a measure for which a much larger fum might have been demanded.

With regard to the mercenaries being double-officered, the Noble Lord prefumed, that they were officered agreeable to the ufual arrangement. With refpect to the command being vefted in an Englith General, an appeal was made to the military Peers, whether that matter 7could not be adjusted fo as to leave no pretence for difagreement ? For the treaties themselves, they were defenfible on the fingle principle of neceffity. We had engaged in a war, the profecution of which would require a number of men; recourfe therefore had been had to foreigners, rather than injure the manufacturing interest, by carrying off the hands employed in the feveral branches of arts, which give riches to a commercial country.

In reply to the affertion concerning Ethan Allen, the motive for fending him back to Amercia had been misftated. It was not that miniftry imagined an Engkih jury would have acquitted him; it was not that they were afraid to hazard atrial, nor were they averfe to punifhing fo atrocious an offender; but, in point of policy, it had been judged expedient to return him to America, as the rebels had at that inftant in their pofSeffion feveral English prisoners taken at Montreal and St John's. [19]

Lord Carlile profeffed to have voted in favour of coercive measures. Actuated by the purest and most conscientious principles, he felt no private fcruples which militated againft his public conduct. Satiffied that the fubduction of America only could operate to the intereft of the mo

As coercive measures were neceffary, the treaties were expedient. Should the map of Europe be confulted, how inconfiderable a part did Britain form? Could fuch a fpeck, even in a quarter of the globe, be supposed to pour out the thoufands neceffary for its defence against surrounding adversaries? The vanity of fuch an expectation was evident; and if evident, the neceffity of having recourse to foreign aid was indifputable.

Lord Townshend fpoke for the treaties, and in favour of coercive measures; profeffing,. at the fame time, the highest veneration for thofe respectable perfona. ges, who, through confcientions princi. ples, entertained different opinions. The Noble Viscount had formerly entertained doubts on the subject. He had however perufed the feveral American charters; and had fatisfied himself that England was not the aggreffor. The British par liament had a right to tax America. But the argument of right was now out of the queftion. The voice of reason was not to be heard amidst the din of arms. It was to be hoped the enfuing campaign, if carried on with vigour, would decide the difpute. If hoftilities were prolonged, notwithstanding the pacific appearances, France and Spain were not to be confided in. An attempt would hardly be made on Ireland. The fate of Thurot [xxii. 98. — 104.] was too recent in remembrance. Not but if the troops fent from Ireland to America bad been replaced, even with an equal num. ber of foreigners, the measure might have been far from inexpedient.

Lord Coventry deplored moft pathetically the approaching ruin of his country; even whilft he deplored it, he confidered the event as inevitable.

It was in the nature of things that ftates as well as individuals fhould expire. Immortality was alike denied to the body-politic and the body-natural. Longevity was all which could rationally be expected. The concatenation of caufe and effect formed a kind of destiny, the effects of which human forefight could not avert, nor human wif dom provide againft. It feemed of the very effence of things, that colonies fhould prey on the vitals, and destroy the parent from whom they iffued. They

grew

grew up from infancy to an adult period; and when matured by age, they natural. ly difclaimed fubmiflion. Long had the Noble fpeaker feen, as in the glass of futurity, that dreadful æra which was now battening. He had confidered England and America as two mighty states, floating like bubles on a furface. Whilt feparated, each was fafe; the moment the fhock of contention enfued, one or both was fure to expire.

Confidered in fuch a point of view, the prefent conteft was fraught with ruin to the parent,itate. Inftead of tranfporting armies to America, we should vote a thanksgiving. We should feparate from the colonies, and leave them to manage their own concerns. Greater benefit than that of commerce we never could derive. If we grasped at empire, it would end in ruin.

Those who deemed the war either juft or politic, were as defertible for obtaining auxiliaries, as those who viewed the quarrel as unjust and impolitic, were to be applauded for arraigning the measure. The Noble fpeaker would not embrace either party. He would not give a vote, because the measures on the tapis met not his ideas. He was not fo much of the philofopher, as to be indifferent to the welfare of his country. Nor was he that citizen of the world, as to have an equal relish for every foil. England was the place of his nativity; to England he was attached: it gave him unipeakable anxiety, therefore, to perceive a conteft commencing, which would end in a transfer of power. No longer would England, but America, be the feat of empire. Had the present cônteft not began, the catastrophe might have been delayed; as it was unhappily commenced, the downfal of Great Britain was thereby accelerated.

The Duke of Cumberland. "My Lords, I heartily concur in the propofed addrefs. I think the Noble Duke, by propofing it, gave the moft demonftrable proof of duty to the King. I truft that the part I now take may not be conftrued into the smallest difrefpect for my brother. It is the inconfiderate conduct of his minifters I arraign. — Alas! that I should live to fee Brunfwickers, formerly the defenders of liberty, now employed to fubjugate the colonifts, and deftroy the constitutional rights of America! But I feel myfelf grow warm; i fhall therefore refrain from faying any thing more on the fubject."

The Duke of Manchefter called the attention of Peers to fuch paffages in hiftory as evinced the hazard of inviting foreign aid to decide domestic quarrels. The Saxons came over as auxiliaries, how foon did they become the masters of thofe in whose service they had entered?

But the folly of the meafure was not merely to be fought for in the volume of history: found policy, if confulted, would declare the infanity of the procedure. Conciliation, not hoftilities, was that alone which could fave this country from ruin. That miniftry should perfift in war, when peace ought to be the object of their withes, proved, that the foul fiend of defpotifm had a principal fhare in their deliberations. When Ahab fought against Ramoth-Gilead, the lying fpirit of divination urged him to the fatal deed. He turned afide from the reftraining voice of truth, and rushed headstrong into the arms of ruin. To quote from the facred writings, could not be irreligious; to be warned by their dictates, might not be unwife.

Admitting, however, for a single moment, that peace with our colonies was not defirable; that war would better promote the intereft of G. Britain ; were there no restrictions in the mode of carArying on a war? Even in fhedding the blood of enemies, occafion was lett for the exercife of humanity. When kindred, friends, and fellow-fubjects, by a minifterial mandate of oppreflion, were hounded at each other, the ties of bro. therly affection called for the utmoft lenity the exigency would admit. Wanton carnage thould be abstained from. Private property fhould not be invaded; unless in caies of the last extremity. How this rule had been obferved, the ruins of Norfolk could teftify. The athes of that city, (which once afforded to the helpless mother, and her unoffending babe, fhelter from the inclemency of the feafon), the afhes of Norfolk were fcattered proofs of cruelty in the abstract, Miniltry, in wielding the fword, thould be cautious not to fully the honour of the crown. Louis XIV. by the deftruction of the Palatinate towns, tarnifhed that glory his fuccefsful arms obtained. Conqueft meliorated by humanity, immortalifes the hero, and reflects honour on the man.

The rights of G. Britain afferted, &c. [69.] The American congress, with a partiality for themselves fcarcely confiftent with their defign of gaining others, in the next paragraph of their declaration, call the acts which were the confequence of the refiftance of their conftituents, the caufe of their rebellion. In defcending to particulars, their first complaint is ftated against the extenfion of the jurifdiction of the courts of admiralty and vice-admiralty beyond their former limits;" by which, they alledge," the fubject is deprived of his inherent right of a trial by jury." The congrefs furely forget, or it is not confiftent with their defign to remember, that the alterations of which they complain were made at the requeft of their conftituents. The reafons affigned for this requeft were, that the courts of admiralty established for merly in the various provinces, poffeffed fo little dignity, on account of the dependence and poverty of the judges, that juftice was either facrificed to connections, or biaffed by avarice. Befides that appeals to G. Britain could be feldom made, on account of the expence and diftance. To remedy this evil, the prefent establishment of courts of admiralty in America was formed. Four great courts of vice-admiralty were erected. The judges were rendered in dependent by ample falaries. The line of appeal became fhort, eafy, and obvious. And as to trial by jury, the whole world knows, that the court of admiralty in England never admitted that mode of trial in civil cafes. (6)

regard to the bill for fhutting the port of The complaint of the congrefs, with Bofton, is ridiculous as well as unjuft, as the inhabitants of that place had it in their own power to remove the grievance. The deftruction of the Eaft-India company's tea, at Bofton, is well known to have been the deliberate act of a very great majority of the inhabitants. To obtain reparation by the common course of law was impoffible, where the number of the offenders screened them effectually from juftice. It was a public crime, and the punishment ought to have been general. In pursuance of that plan of tendernefs, which has been fatally loft on the Americans, the bill for fufpending the trade of Bofton was rendered conditional. A door was left open for an immediate reconciliation, fhould the affembly of Maffachufet's-bay make a public grant, for repairing the damage fuftained by a company of merchants through a public outrage. Yet the congress stigmatize with the name of injuftice, a coercive ftatute rendered abfolutely neceffary by the fhameless depredations of the inhabitants of Boston; and which statute they themselves had it in their power to terminate in an instant, by doing an act of common justice.

lefs reafon, the congrefs exclaim against With equal effrontery, and with ftill the alteration made in the form of the government of Bofton. With their usual fallacy in argument, the Americans with to eftablish it as a maxim in polity, That charters granted by the crown, can neither be reverfed or altered by the legisla ture. They might as well go at once to the whole fupremacy; and fave themfelves the trouble of thus fupporting a caufe untenible on any other grounds. The three branches of the legislature uni ted make daily alterations in the conftitution of Great Britain; and, if their fupremacy extends over the whole empire, they have the fame right to alter the conftitution of the American colonies. If the Americans deny this pofition, all argument is at an end; and they avow an independence, which, in their circum.

(6) Here is a curious intermixture of evafion and falfehood. It is true, that the court of admiralty in England determines according to the Civil law, (which ought never to have been admitted by an English court); and, in civil cafes, without the intervention of a jury. But of this deprivation of juries the people of America did not complain, fo long as it affected them only in the fame degree as it affected the people of England. But when the jurifdiction of admiralty-courts, no longer restrained to offences on the high feas, became extended to numerous tranfactions, arifing in the body of every American tion, which compells the judges to condemn County, (in all which they were to be depri- almost every feizure, thereby to provide a ved of the benefits of a trial by jury), they fund, from which alone their falaries are to then with reafon began to complain. But be paid.. [Sentence-money, or shares of never did they defire the powers of vice-ad- fines, forfeitures, or penalties, formerly gimiralty courts to be thus unconftitutionally ven to judges in Scotland [ix. 337.], was taextended; or folicit that difgraceful regula ken away by the jurifdiction-act.] VOL. XXXVIII. Kances,