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the colonies;] and now that he was likely to be again in a minority, might probably feel a return of the same inclination. To grant a motion for papers to be laid before one House, and refuse it to another, was such an indignity, as he hoped the House would not submit to. No argument could be offered to reconcile to common sense the rejection of the motion, except the minister would venture to say, that the Lords are above attending to the affairs of the nation; and that papers on their table may lie unnoticed. His lordship's warmth in his present novel situation, might teach

impolitic measures of ministry. If we had not endeavoured to retrench their liberty, they never could have attained-they never would have sought, independence. He took notice of the flourishing state to which America had attained in a very few years before our invasion of her liberties, and imputed that improvement to the freedom of the laws which Great Britain had given her an epitome of our own government. This was a secret which England first discovered, of rendering her go vernment in the extremities of her wide empire as compact and strong as that of other free nations had been weak and in-him to make allowance for the heat of effectual-their colonists were slaves; Britain had made hers free as herself. In support of this argument he instanced the continued wars, tumults, outrages, and weakness of our governments in the East Indies-because there is no freedom there -they are governed in Leadenhall-street. He thought it necessary, on account of the very distracted state of our affairs in that country, to give notice, that he would, on some future day, move the House to go into a committee on the affairs of the East India Company.

Colonel Barré shewed some humour upon the embarrassment of the noble lord. It was enough to make any premier not only angry, but mad, to see himself reduced to such a dilemma-either to vote that what was proper to be communicated to the Lords, was not fit for the ear of the Commons-or to intreat his friends, who have hitherto carried him through every opposition, to leave him on this occasion in an awkward minority. He wished to know with what grace his lordship could stand up in that House, and say; "the House of Lords, and, through them, all the nation shall know these things; but wisdom and sound policy compel me to keep them a secret from the House of Commons." If the noble lord was of that sentiment, he advised him to carry his patriotism still further, and impeach those ministers, who, contrary to wisdom and sound policy, had dared to betray the King's secrets in the House of Lords. If his lordship would take this step, the colonel was ready to join him, and recommended him for further support to a member then sitting near him (the Solicitor General) who, when he used to divide with minorities, expressed a fondness for impeachments, [alluding to his promised impeachment of lord Hillsborough, for his official conduct, as secretary of state for

those gentlemen, who, glowing with a generous fire, with truth and reason on their sides, are often unfortunately in a minority. The minister deserved from them a similar indulgence, when he accidentally found himself in a minority-a cabinet minority! He concluded with congratulating his lordship on his present happy situ ation.

The Solicitor General spoke against the indefinite latitude of the motion. He contended, that the expressions used in the debate of "granting or refusing" information, did not apply to administration, but to the House granting or refusing the propositions which might come from any of its members individually; therefore the words carried no insult to the House; neither was it any indignity to the members, that information should be refused to one House which had been granted to another: if the House desired it, it could not be refused. The question then was, whether the House should judge it proper to grant or refuse what was desired by some of its members. Gentlemen, who thought it a slight on that House to contest the motion an instant after it was carried in another place, should recollect, that whilst they seemed to support their dignity, they were absolutely trampling upon it; and he wondered any gentleman would venture to say, in that House" the House of Lords have determined to do this, therefore we must do it also."

Mr. Fox observed, that the only argument which had been offered against his motion, was now overturned by the vote of the Lords-the danger of betraying secrets. Those secrets were laid open by the resolution of the upper House; it was therefore no longer an argument to be refuted. He would not recede from the literal extent of the motion. instructions to our commissioners, which

The

matter a little too far, but you must know I have written a book upon the efficacy of this practice, therefore, though every patient we have should die by it, we must continue the bleeding for the credit of my book."-He asked the noble lord, who had often held Mr. Washington and his army very cheap, what idea he entertained of their courage and abilities since he read the accounts arrived that very day?

the noble lord wanted to conceal, were a multuous-bleed them! If they are attackprincipal object to him. He was told of ed with aspirit of insurrection-bleed them! a pending negociation; it had already been If their fever should rise into rebellion— pending for two years, and if it were to bleed them, cries this state-physician! continue for twenty more, the same reason more blood! more blood! still more blood! would hold good till then, against an en- When Dr. Sangrado had persevered in a quiry into the reasons why it had not similar practice of bleeding his patients,succeeded. As yet no visible good effect killing by the very means which he adopthad been experienced from granting the ed as a cure-his man took the liberty to instructions, except the income of 100l. remonstrate upon the necessity of relaxa week to each of the commissioners. The ing in a practice to which thousands of noble lord said, he had mentioned that their patients had fallen sacrifices, and those instructions had been moved for be- which was beginning to bring their names fore, and refused for the reason now ad- into disrepute. The doctor answered, vanced. It was not right to disclose them" I believe we have, indeed, carried the at that time. Is that, then, never to be granted, which has been once refused? Is the glorious right of being ignorant of public affairs never to be given up? Are we to tell our constituents, we are not fit to be trusted with the knowledge of public transactions-that they are only to be communicated to the House of Lords? I may be told, said he, we are contending for a very trifling matter, and that when all the steps taken towards a pacification are laid before us, they will amount to nothing: their effect will, of course, be nothing. Yet, I contend, that those two nothings will amount to something. You know, Mr. Speaker, that in your profession there is a form of returning a writ nihil; yet, Sir, you well know, that a return of two nihils amounts to a scire facias, which is a powerful something. Now, the something that would be produced by the two nihils which may be returned to us upon the present enquiry, will be a conviction to the nation, as well as to this House, of the incapacity or absolute disinclination in administration to put an end to the distractions with which this empire is torn; and enable us to apply an effectual remedy to those disorders, before the folly, madness, or wickedness of ministers shall have brought us to a state of irretrievable ruin. By shewing us the causes why past negociations have failed, it will point out a mode of proceeding, which may be free from those difficulties that have caused our past miscarriages. Convinced, perhaps, of the inefficacy of violent remedies, we may learn, though late, to prescribe lenitives. For the two years that a certain noble lord (G. Germain) has presided over American affairs, the most violent, scalping, tomahawk measures have been pursued:-bleeding has been his only prescription. If a people deprived of their ancient rights are grown tu

He said, a few days ago he dropped a suspicion of some division in administration, conceived from the circumstance of reading the King's Speech at the house of a certain noble lord on the day before it was delivered in parliament. The premier then contradicted him, and talked largely of their unanimity; but, now, his words were verified, from the different sentiment of ministers in the upper and lower House: and hence he was warranted, he thought, in drawing this conclusion-that he, whose sentiments seemed most reasonable, was the most inconsistent in his conduct. The noble lord at the head of the Treasury always professed a disposition for peace; yet would not give any proofs that he had taken a single step towards obtaining it: but the minister in another House had ever declared, that it was his opinion nothing ought to be done by us towards a pacification; he, therefore, shewed no objection to produce papers, which, in testimony of his consistency, would shew that nothing had been done. The hon. gentleman concluded with a suggestion to those members who talked sometimes of being independent in their principles, though they constantly supported administration;-telling them, if they did not on this occasion stand up for the dignity of the House, they could never after wipe away the imputation of being mere puppets to the minister, without one principle of reason, pride, or honour.

Governor Pownall said, he had no intention of mixing in with the debate of this day; but as he never had let any opportunity of speaking pass, when the subject of peace or conciliation came upon the tapis; and as he most devoutly wished to see peace between this country and America, he did presume to offer himself to the House. He said, he had something which he conceived to be of the last importance to communicate to the House, on this very point: he did not care whether the papers asked for were granted or not: not that he would stand in the description made by a learned gentleman, of those who were supposed to confess themselves unworthy of having these papers communicated to them; but really, because the papers asked for, from the commission, down to the lowest draught, were of so little consequence, that he thought them unworthy of the House, so far as respected the subject of peace. That even the act of parliament itself was of no import to that point; for, under the powers of this Act, the government of this country could not treat with the Americans but as subjects. In this view of it, questions have been asked, Had lord Howe powers to treat? or did the Americans refuse to treat? Lord Howe, he said, could have no powers to treat with them on the ground which they insisted to take; and they refused to treat on any other ground. They did not only refuse it then, but five months after. After general Howe had finished his campaign of 1776, the Congress came to resolutions to instruct their commissioners at the several courts in Europe, to assure those courts, that notwithstanding" the artful and insidious endeavours of the court of Great Britain, to represent the congress and inhabitants of the United States, as having a disposi tion again to submit to the sovereignty of the crown of Great Britain, it is their determination, at all events, to maintain their independence." He then produced a copy of the resolve, dated Dec. 30, 1776, and read it to the purport above. Here, said he, what terms will the gentlemen in government, on their side the House, offer? What terms will the gentlemen on the other side desire to meet these propositions? Will they also make this artful and insidious representation of the disposition of the Americans? I know, said he, that what I have said, and what I shall say further, will displease gentlemen on both sides; but I have no managements to

keep, either with individuals or parties of men: I have none to oblige; I have none to fear. On occasions like this, I shall look not to men, but to things, and in that line shall inform the House, and perhaps the nation, for I do not see that they have yet learnt it, of a very serious truth. That the House may not think that I am hazarding opinions, and talking at random, I will beg to remind them, that nine years ago, in the years 1768 and 1769,* when you were beginning the quarrel that has brought on this horrid and destructive war, I did explain to the House, not in general words, but by a particular detail, the state and circumstances of America, and its inhabitants; and from thence described the issue of this business literally and precisely as it has turned out in every event to this great and interesting one. There was nobody, at that time, who knew so much of the matter as myself; and I thought it my duty at that time; I spoke out, without management or reserve. The House did not care to believe it, and were less willing to hear it: I was not well heard, yet it was true; it has proved true in almost every iota. sending troops to Boston, the Americans were driven to war, I first informed this House, and I believe government also, that the Americans were not unprepared to meet any event; that they had foreseen what must come, and were prepared both in civil as well as military arrangements, to conduct their own affairs, and to resist your measures. I then informed the House of the very constitution by which they now act, under the Congress. I then informed the House of their having planned and modelled an army: the House did not care to understand, though they did not disbelieve me.

When, upon your

I now tell this House and government, that the Americans never will return again to their subjection to the government of this country. If the paper which I have just read be not sufficient proof, I may, perhaps, on a future occasion, explain something of still more importance. But this must be conviction to any person, who understands the course of affairs. A people, whose affairs are interwoven and so connected as the affairs of the Ame ricans are with several European states, pledging themselves to those states in this solemn manner, are engaged beyond all possibility of retreat. On this ground, as

* See Vol. 16, pp. 494. 605. 610.

well as from the conviction of many other | given them the very occasion, and have matters which my mind possesses, but they not inserted themselves in the busiwhich the present is not the proper timeness? If you were at this moment in treaty to explain them in, I now take upon me to assert directly, and in terms, that your sovereignty over America is abolished and gone for ever. I could say the same of your Navigation Act; but I will not enter upon that subject, particularly on this occasion. The House seems unwilling to be told this. I will only repeat what I said on a like occasion, and upon a like temper of the House-if the House is not disposed to believe this, if the House is unwilling to hear it, they will remember that they have been told it; that they have been forewarned of it; and I repeat as a truth in actual event, the sovereignty of this country over America is abolished and gone for ever; the Navigation Act is annihilated.

Of what use, then, are these papers, commissions, instructions, or any other papers formed under an act of parliament, which supposes that sovereignty to exist? of what use or power is any act of parliament respecting that country? of what import are our debates on this subject? It may be matter of amusement for different sides of the House, to continue endless and fruitless disputes, and abuse one another on this subject; but it is of no import to the Americans; it is of no real import to the point of business in this pressing crisis. Until you shall be convinced that you are no longer sovereigns over America, but that the United States are an independent, sovereign people-until you are prepared to treat with them as such; it is of no consequence at all, what schemes or plans of conciliation this side the House, or that, may adopt. I have at this time told you the fact, which I have just now declared, in order that ye may no longer amuse and abuse yourselves with impracticable ideas. And as of the sovereignty, so I say of the Navigation Act. You must no longer expect to reason, or act, as though that still existed, or would be any longer permitted to have effect. The Americans have repealed it, and it is annihilated with the powers of Europe. Those persons who hear me, may remember, that at the beginning of this business, I told them, that the House of Bourbon only wanted an occasion to dispute the ground of our Act of Navigation, and that they would insert them selves in this business (if they had no other views) to this very point. We have

with America on that point, it is not in her power to grant you terms consonant to that Act; they could meet you only on such terms as are not contrary to, and incongruous with, their engagements with France. Desirous as they were of a commercial treaty with Spain, "they could not propose any terms to his Catholic majesty, but such as were not inconsistent with their engagements with France, or disagreeable to his most Christian majesty." In the very same predicament must they meet you whenever they come to treat with you. To speak precisely, they have not as yet any actual, definitive treaty with France, but the two powers are under stipulations and convention, in which they perfectly understand each other. All the treaty that this country can ever expect with America, is fœderal, and that, probably, only commercial. In such treaty, perhaps, you may obtain favourable terms; but exclusive terms of trade you must never more expect. They are determined to maintain their independence at all events. The Dutch, in their distress, hawked about the offer of the sovereignty of their country. They offered it to the duke of Anjou; they offered it to Henry the 3rd of France; they offered it to Eli zabeth of England; but the Americans will never offer that of their country to any power on earth. They have a quite different measure in reserve; which perhaps I may on some future occasion explain. They are determined at all events to be independent; and they will be so. All, then, that remains for us, if we meant to adopt what is really practicable, is to take such ground as is actually left to us. Let us appoint a committee to take into consideration, and revise all our laws respecting the government, revenues, and trade of America, and of our commerce in Europe. And let us, on such revision, adapt our laws to our actual, not our ima ginary state. I was once called upon by a noble lord, who is, I am sure, as uniform in his wishes for peace, as he is in his spirit for conducting the war, to propose such a committee two or three years ago. I wish it had then been come into. I will now, in my turn, call upon that noble lord. This, in my opinion, is the only thing we have left to do, or can do. As to the papers called for, they are of no more consequence than so much waste

paper. Nothing can have been done, no- | any other terms but being acknowledged thing ever will be done in that line; so I care not whether the House grants the motion or not.

Lord George Germain declared, that he had never said that the Americans were a dastardly or a cowardly enemy. He had, indeed, ever asserted, that with equal force general Washington could not stand before the British troops, who were at this day perhaps the bravest in the world, and had in the present war performed services unequalled in the history of empires. This was his belief, and the news just received had given him no reason to alter his opinion. General Washington's force was 15,000, not speaking of the militia; general Howe's numbers were but 13,000 rank and file; yet he defeated the continental troops. He was sorry to say, that however favourable the accounts just received might be, nothing decisive had happened. General Howe had been victorious in two general engagements; the first in his march to Philadelphia, which was taken possession of by the King's troops on the 25th September; the last, when the rebels attacked onr camp, and were repulsed with great loss. He bestowed the highest encomiums on the abilities of the generals, and the bravery of the troops; and particularly on the gallant behaviour of sir Harry Clinton, in an expedition up the North River, in which services had been performed scarcely entitled to credit, if they had not been authenticated beyond a possibility of doubt. The only check the troops had received, was in the attack of a fort near Philadelphia, on the banks of the river Delaware, which unfortunately miscarried; but even in that affair, nothing was to be imputed to misconduct, or want of bravery; but was merely the effect of those accidents to which the best planned operations are liable. As to the question before the House, he always understood, that no part of a negociation ought to be disclosed while it was depending. If the powers of the Act for appointing commissioners to treat with our subjects in America, were inadequate, that might be a good reason for enquiring what had been done under those powers, and applying to parliament for more extensive ones. Nothing of the kind had been so much as hinted, by those who had been intrusted with the execution. On the contrary, the Congress resisted all steps towards conciliation at the very threshold; they refused to treat upon [VOL. XIX.]

an independent assembly, the full representative of the several independent states who appointed them. Various opinions had been given from different sides of the House. The hon. gentleman who spoke last, was of opinion, that America would not treat, unless we acknowledge her to be independent; that we were unequal to reduce her by force of arms to obedience: and that the most we could now expect was to enter into a foederal alliance with her upon commercial principles. As to the practicability of reducing our rebellious subjects in America by force of arms, great as our resources, powerful as our feets and armies, and brave and able as we were, he began to despair of success if they should continue united; but still, for his part, he should think himself highly criminal, if he advised, or co-operated in any measures for entering into a fœderal union with rebels. If they could not be brought back to a state of constitutional obedience, he should for his part be much better pleased to break off all political connection whatever with them, than stoop to the humiliating condition of submitting to what terms they might think proper to grant. Though he differed from the hon. gentleman as to the proposition of a fœderal commercial union, he heartily acquiesced in his sentiments respecting the ultimate views of the colonies. He believed, they were the same from the beginning; that they aimed at independence; and that nothing short of that would content them. If parliament were willing to relinquish the sovereignty of America, he would cheerfully acquiesce, because it was his duty; if, on the other hand, parliament saw the necessity of prosecuting the war upon the mere principle of self-defence, it would follow, that the most decisive exertions should be made; for he was certain, nothing short of those would answer any effectual purpose. Campaign after campaign, battle after battle, would never answer, and might in another view be attended with great danger. America was almost ruined, and suffering under every species of human misery. The idea of a permanent separation from this country might probably detach numbers from what they deemed a just cause, while security of their rights, and a modification of our claims, was what alone they imagined their leaders had in view. If, therefore, means could be devised to prevent the secret assistance they received from [2 M]

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