sures, which have already plung. ed the empire in civil war, distraction, and ruin. That in such a state of affairs, and during the prevalence of such dispositions, all struggles to oppose would rather inflame than lessen the distemper of the public counsels. That as it was not the part of a wise man to strive with impossibilities, so neither was it consistent for those, who regarded their honest fame beyond all other things, excepting their principles and honour, to draw upon themselves the odium of their fellow citizens, by ineffectual efforts to serve them. That they would therefore, preserving their principles still unshaken, reserve their activity for rational endeavours, when the present delirium might be so far allayed, either with the people or with their ministers, as to afford some room for its operating with advantage.

This example was not, however, followed, nor the conduct approved of, by several members of the opposition. They even loudly blamed this proceeding. They questioned, whether any member could, consistently with his duty, withdraw himself individually from the business of parliament, merely from an opinion that he would be outvoted, and that his attendance would therefore be useless. They acknowledged, that a secession, collectively in a body, had not only the sanction of precedent, but might be practised with great advantage, and be productive of much benefit in such cases as the present. But for this purpose, they said, it must be attended

In the first place, it must be general, including the whole minority against the measure that provoked the secession; and in the next, that it should not be a silent act; but that the motives for the secession should be proclaimed, either by a remon strance on the journals, or a public address to the people. Under these circumstances, they said, that secession was not only justifiable but laudable, and in cases of imminent danger to the constitution, might operate as a call to the nation, and awaken the people to a sense of their situation.

The other and greater part of the minority, denied that any rule, but every man's prudence and opinion of his duty, could be prescribed on such an occasion. That though minority was a term used in ordinary speech; minorities were not corporate bodies, nor bound to act as such; nor could any precedents be of avail in matters of that nature. They had no way of compelling unanimity; and nothing but unanimity could make them act in the manner prescribed. The greater number could not decide. difference of opinion appeared, men must stand on their character, and their reasons for their conduct.

If a

On this, as on many former occasions, the opposition discovered great disunion, and much personal and party dislike to each other, to the great strengthening of ministry; who, though divided also amongst themselves, yet being involved in one official system, and supported by the crown

did not suffer so much by their discord. In this situation, a few of the minority rather increased their efforts.

Upon the motion and grant in the committee of supply, Nov. S. of 45,000 seamen for the service of the ensuing year, a gentleman in opposition, who has long been a severe censor upon the conduct of our naval affairs, took that opportunity of making some very pointed and direct charges against the noble Peer at the head of that department. Of these, the most material was, a wilful and dangerous imposition both on parliament and the public, tending to lull the nation, at this critical season, into a fatal security, by a false representation of the state of the navy, both with respect to the number of seamen, and the condition of the ships.

This conduct was much censured on the other side, as not only being an attack upon an absent person, but upon a person, who, from his particular situation as a Peer, could not at any time be present in that House to any charge, nor competent to any defence. At the same time, his conduct and character were vindicated with great warmth, both by the Minister, and those Lords of the Admiralty who belonged to that House, who asserted, that nothing could afford greater satisfaction, or redound more to the honour of the noble Peer in question, than a strict parliamentary inquiry into every thing relative to the department in which he presided, when all the charges brought against him would appear founded in error or falsehood, and proceeding from ignorance or malice. But

they contended, that, exclusive of the indecency and personality of the attack, nothing could be more disorderly or unparliamentary than the introduction of the subject in such a manner, without any accusation being formally before them, which could at all bring it within their cognizance,

Mr. Luttrell, who made the charge, insisted upon his right, as one of the representatives of the people, to make such observations upon the conduct of Ministers or public officers, however high in rank or station, as it appeared to him to merit; that it was no less his right. than his duty, when the malversation, or inability, of those entrusted with the management of public affairs became incompatible with its safety, to use all the means in his power to bring the offenders to jus

tice. As to the objection of a want of formal accusation being before them, he would cure that, as soon as the House was resumed; for if they would allow him the necessary official documents, which he would then move for, he would support his charges in such a manner as to give perfect satisfaction to the House.

He accordingly moved, when the House was resumed, that sundry returns of the navy, which had been received at the Admiralty within certain specified periods, should be laid before them. These documents, he said, besides affording the proofs which he wanted to establish his charges, and to support his succeeding motion, would answer another purpose of still greater importance, that of letting the House into the true state of our national defence and security.

[D] 2

security. That the plea for withholding those papers, from a dread of exposing our weakness to foreigners, was ridiculous, unless it could be contended, that that our watchful and clear-sighted enemies had no other means of acquiring a knowledge of our real strength, than from the false representation of it which was laid before parliament, with the avowed design of imposition. But even, if that were swallowed, it could not avail in the present instance, as the weakness acknowledged by refusing the means of inquiry, must produce every ill consequence that could possibly at tend the most perfect disclosure.

The papers were, however, absolutely refused, and the motion rejected without a division. The impropriety of such an inquiry in a critical situation like the present was still strongly insisted on. That whether we were prepared, or unprepared, such a disclosure of our naval strength or weakness, would be extremely impolitic and unseasonable. That if we were superior in force to our enemies, such a knowledge might prevent their speaking out, and, of course, keep us in the dark as to their latent designs, and their disposition towards us. If we were otherwise, the impropriety must be still greater, as it must encourage them to take an advantage of our defenceless situation. But in any case, they said, that the business of government could not be carried on, if such peevish inquiries were encouraged. Either change your Ministers, or repose a proper degree of confidence in them. Let nobody be vain enough to imagine, that the affairs of that state can be well and successfully conducted, in

navy

this

The expences of the year, including the ordinary at 400,0057. and the building and repairing of ships, which was voted at 465,500l. amounted to no less than 3,205,5057. —-Exclusive of 4000l. which was afterwards voted to Greenwich hospital, and without taking any notice of a million, which was granted, towards the close of the session, to be applied towards the discharge of the debt of the navy.

If the naval expences were thus large, the supplies for the land service, which were voted a few days after without a debate, Nov. 16. were not less so, falling little short of three millions, although the extraordinaries of the land service for the preceding year, which exceeded the amount of 1,200,000l.with some new contracts for additional German forces, and the heavy expences of half pay and Chelsea, were not yet provided for.

The supplies being so far granted, and no public business of any moment in the way, an early and long recess took place, the house adjourn ing on the day of the pub- Dec. 13. lic fast, to the 21st of the following January.

CHAP

A

Bill for enabling the Admiralty to grant commissions, or letters of marque and reprisal, as they are usually called, to the owners or captains of private merchant ships, authorizing them to take and make prize of all vessels, with their effects, belonging to any of the inhabitants of the thirteen

Feb. 6, specified revolted American colonies, was passed, 1777. without debate or opposition, in the House of Commons, soon after the recess. It did not cost much more trouble to the Lords, with whom it only underwent the trifling alteration, of inserting the words letters of permission, in the place of letters of marque, the latter being thought only applicable to reprisals on a foreign enemy.

On the same day, the Minister moved in the House of Commons, for leave to bring in a bill, to enable his Majesty to secure and detain persons charged with, or suspected of, the crime of high treason committed in America, or on the high seas, or the crime of piracy. He prefaced the motion by observing, that during the pre

sent war in America, many prisoners had been made who, were in the actual commission of the crime of high treason; that there were others guilty of that crime, who might be taken, but who for want of sufficient evidence, could not at present be securely confined. That it had been customary in cases of rebellion, or danger of invasion from without, to enable the crown to seize suspected persons. That he would not, however, be thought to hint at any present necessity of entrusting ministers with such a power in general; the times were happily different from those which called for such exertions in their utmost extent; neither rebellion at home, nor foreign war, were at present to be apprehended. For these reasons, it was not meant to ask the full power, usually obtained in former cases of rebellion But

confining rebel prisoners, or those taken in the crime of piracy on the high seas, but in the common gaols; a measure not only inconvenient but impracticable. In the present state of affairs it was absolutely necessary that the crown should be enabled to confine prisoners under those descriptions, and to provide for their security, in the same manner that was practised with respect to other prisoners of war, until circumstances might make it adviseable to proceed criminally against them. Such, he said, were the purposes of the bill.

The bill was accordingly brought in, and read on the ensuing day, and a motion made, that it should be read the second time on the 10th, which was the following Monday. It now appeared, that the enacting clause rendered all persons taken in the act of high treason, committed in any of the colonies, or on the high seas, or in the act of piracy, or who are or shall be charged with or suspected of any of those crimes, liable to be committed to any common gaol, or to any other special place of confinement, appointed for that purpose under his Majesty's sign manual, within any part of his dominions, there to be detained in safe custody, without bail, mainprize, or trial, during the continuance of the law, with a provision, however, enabling a certain number of the Privy Council to grant an order for admitting such persons to bail or trial.

Of the few minority members who were present, a gentleman of the first eminence in his profession, and who, a few years since,

filled the second law office under the crown, with the greatest reputation, expressed the utmost astonishment, that a matter of such magnitude and importance, a bill that struck directly at that great palladium of the British constitution, and only security to the rights and liberties of the people, the habeas corpus law, should be brought in without proper notice, at a season when the House was so badly attended, and an attempt made to precipitate its passage in so extraordinary a manner, as to propose the second reading with in three or four days of its being first heard of. He said, besides the defect in point of notice, it had been brought in unfairly; as it was totally different from what the Minister had announced it to be on the preceeding day. Nor was it less discordant in its own parts, neither the title nor the preamble affording any idea of the extraordinary matter contained in the enacting clauses. That he was equally shocked and alarmed, to see a bill which was to sus pend all the functions of the con stitution brought in under such circumstances, and attempted to be smuggied through a thin House under false colours, before the nation could be apprized of its danger, or their constituents have the smallest notice, that they were going to surrender the foundation of all their other rights, and the peculiar characteristic of the British liberty and government. Mr. Dunning, who made these exceptions, seeing the House then going to divide upon the question for the second reading, which he knew would be carried, moved to have the bill printed, which,