did not fuffer fo much by their difcord. In this fituation, a few of the minority rather increased their efforts.

Upon the motion and grant in Nov. 8. the committee of fupply, of 45,000 feamen for the service of the enfuing year, a gentleman in oppofition, who has long been a fevere cenfor upon the conduct of our naval affairs, took that opportunity of making fome very pointed and direct charges against the noble Peer at the head of that department. Of thefe, the most material was, a wilful and dangerous impofition both on parliament and the public, tending to lull the nation, at this critical feafon, into a fatal fecurity, by a falfe reprefentation of the ftate of the navy, both with respect to the number of feamen, and the condition of the fhips.

This conduct was much cenfured on the other fide, as not only being an attack upon an abfent perfon, but upon a perfon, who, from his particular fituation as a Peer, could not at any time be prefent in that Houfe to any charge, nor competent to any defence. At the fame time, his conduct and character were vindicated with great warmth, both by the Minifter, and thofe Lords of the Admiralty who belonged to that Houfe, who afferted, that nothing could afford greater fatisfaction, or redound more to the honour of the noble Peer in question, than a strict parliamentary enquiry into every thing relative to the department in which he prefided, when all the charges brought against him would appear founded in error or falfehood, and proceeding from ignorance or malice. But they con

tended, that, exclufive of the indecency and perfonality of the attack, nothing could be more diforderly or unparliamentary than the introduction of the fubject in fuch a manner, without any accufation being formally before them, which could at all bring it within their cognizance.

Mr. Luttrell, who made the charge, infifted upon his right, as one of the reprefentatives of the people, to make fuch obfervations upon the conduct of Ministers or public officers, however high in rank or ftation, as it appeared to him to merit; that it was no lefs his right than his duty, when the malverfation, or inability, of thofe entrusted with the management of public affairs became incompatible with its fafety, to use all the means in his power to bring the offenders to juftice. As to the objection of a want of formal accufation being before them, he would cure that, as foon as the House was refumed; for if they would allow him the neceffary official documents, which he would then move for, he would fupport his charges in fuch a manner as to give perfect fatisfaction to the Houfe.

He accordingly moved, when the Houfe was refumed, that fundry returns of the navy, which had been received at the Admiralty within certain fpecified periods, fhould be laid before them. Thele documents, he faid, befides affording the proofs which he wanted. to eftablish his charges, and to fupport his fucceeding motion, would answer another purpose of ftill greater importance, that of letting the Houfe into the true ftate of our national defence and fecurity.

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fecurity. That the plea for with holding thofe papers, from a dread of expofing our weakness to foreigners, was ridiculous, unless it would be contended, that our watchful and clear-fighted enemies had no other means of acquiring a knowledge of our real ftrength, than from the falfe representation of it which was laid before parliament, with the avowed defign of impofition. But even, if that were fwallowed, it could not avail in the prefent inftance, as the weakness acknowledged by refufing the means of enquiry, muft produce every ill confequence that could poffibly attend the most perfect disclosure.

The papers were, however, abfolutely refufed, and the motion rejected without a divifion. The impropriety of fuch an enquiry in a critical fituation like the prefent was ftill strongly infifted on. That whether we were prepared, or unprepared, fuch a disclosure of our naval ftrength or weakness, would be extremely impolitic and unfeafonable. That if we were fuperior in force to our enemies, fuch a knowledge might prevent their speaking out, and, of courfe, keep us in the dark as to their latent defigns, and their difpofition towards us. If we were otherwife, the impropriety must be ftill greater, as it must encourage them to take an advantage of our defencelefs fituation. But

in any case, they faid, that the bufinefs of government could not be carried on, if fuch peevish enquiries were encouraged. Either change your Minifters, or repole a proper degree of confidence in them. Let nobody be vain enough to imagine,

that the affairs of that ftate can be well and fuccessfully conducted, in

which the hidden arcana of its po licy are upon every trifling occa fion to be expofed to the knowledge of the world. The gentlemen in office afferted, that the navy was never in a more refpectable fituation, nor that department more ably conducted than at prefent. They vindicated the conduct of the abfent Lord with great warmth; and indeed the whole debate, both in the Committee and the House, was carried on with unusual heat and afperity.

The expences of the navy this year, including the ordinary at 400,005 1. and the building and repairing of fhips, which was voted at 465,500l. amounted to no lefs than 3,205,505 1.- Exclufive of 4,000l. which was afterwards voted to Greenwich hofpital, and without taking any notice of a million, which was granted, towards the clofe of the feffion, to be applied towards the discharge of the debt of the navy.

If the naval expences were thus large, the fupplies for the land fervice, which were voted a few days after without a debate, Nov. 16. were not lefs fo, falling little fhort of three millions, although the extraordinaries of the land fervice for the preceding year, which exceeded the amount of 1,200,000l. with fome new contracts for additional German forces, and the heavy expences of half pay and Chelfea, were not yet provided for.

The fupplies being fo far granted, and no public bufinefs of any moment in the way, an early and long recefs took place, the Houfe adjourn ing on the day of the pub- Dec. 13.

lic faft, to the 21ft of the following January.

CHA P.

A

Bill for enabling the Admiralty to grant commiffions, or letters of marque and reprifal, as they are ufually called, to the owners or captains of private merchant fhips, authorizing them to take and make prize of all veffels, with their effects, belonging to any of the inhabitants of the thirteen Feb. 6. fpecified revolted American colonies, was paffed, without debate or oppofition, in the Houfe of Commons, foon after the recefs. It did not coft much more trouble to the Lords, with whom it only underwent the trifling alteration, of inferting the words letters of permis fion, in the place of letters of marque, the latter being thought only applicable to reprifals on a foreign enemy.

1777.

On the fame day, the Minifter moved in the Houfe of Commons, for leave to bring in a bill, to enable his Majefty to fecure and detain perfons charged with, or fufpected of, the crime of high trea fon committed in America, or on the high feas, or the crime of piracy. He prefaced the motion by obferving, that during the pre

fent war in America, many prifoners had been made; who were in the actual commiffion of the crime of high treafon; that there were others guilty of that crime, who might be taken, but who for want of fufficient evidence, could not at prefent be fecurely confined. That it had been cuftomary in cafes of rebellion, cr danger of invafion from without, to enable the crown to feize fufpected perfons. That he would not, however, be thought to hint at any prefent neceffity of entrufting minifters with fuch power in general; the times were happily different from those which called for fuch exertions in their utmost extent; neither rebellion at home, nor foreign war, were at prefent to be apprehended. thefe reafons, it was not meant to ask the full power, ufually obtained in former cafes of rebellion. But as the law food at prefent, it was not poffible for government, officially, to apprehend the most fufpected perfon. Another circumftance which required an immediate remedy was, that the crown had at prefent no means of [0] 3 confining

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confining rebel prifoners, or thofe taken in the crime of piracy on the high feas, but in the common gaols; a measure not only inconvenient but impracticable. In the prefent ftate of affairs it was abfolutely neceffary that the crown should be enabled to confine prifoners under those descriptions, and to provide for their fecurity, in the fame manner that was practifed with refpect to other prifoners of war, until circumftances might make it advifeable to proceed criminally against them. Such, he said, were the purposes of the bill.

The bill was accordingly brought in and read on the enfuing day, and a motion made, that it should be read the fecond time on the ioth, which was the following Monday. It now appeared, that the enacting claufe rendered all perfons taken in the act of high treafon, committed in any of the colonies, or on the high feas, or in the act of piracy, or who are or fhall be charged with or fufpected of any of thofe crimes, liable to be committed to any common gaol, or to any other special place of confinement, ap. pointed for that purpose under his Majefty's fign manual, within any part of his dominions, there to be detained in fafe cuftody, without bail, mainprize, or trial, during the continuance of the law, with a provifion, however, enabling a certain number of the Privý Council to grant an order for adnitting fuch perfons to bail or trial.

Of the few minority members who were prefent, a gentleman of the first eminence in his profeffion, and who, a few years fince, filled

the fecond law office under the crown with the greatest reputation, expreffed the utmost astonishment, that a matter of fuch magnitude and importance, a bill that ftruck directly at that great palladium of the British conftitution, and only fecurity to the rights and liberties of the people, the habeas corpus law, fhould be brought in without proper notice, at a feason when the Houfe was fo badly attended, and an attempt made to precipitate its paffage in fo extraordinary a manner, as to propofe the fecond reading within thice or four days of its being first heard of. He faid, befides the defect in point of notice, it had been brought in unfairly; as it was totally different from what the Minifter had announced it to be on the preceding day. Nor was it lefs difcordant in its own parts, neither the title nor the preamble affording any idea of the extraordinary matter contained in the enacting claufes. That he was equally fhocked and alarmed, fee a bill which was to fufpend all the functions of the conftitution brought in under fuch circumftances, and attempted to be fmuggled through a thin house under falfe colours, before the nation could be apprized of its danger, or their conflituents have the fmalleft notice, that they were going to furrender the foundation of all their other rights, and the peculiar characteristic of the Britifh liberty and government. Mr. Dunning, who made there exceptions, feeing the Houfe then going to divide upon the quellion for the fecond reading, which he knew would be carried, moved to have the bill printed, which,

being agreed to, prevented the divifion.

The alarm excited by this bill, recalled a few of thofe gentlemen who had of late abfented themfelves from the House. The debates became long, animated, and highly interefting, and were not unfrequently intermixed with the fevereft animadverfion.

The oppofition in the first place contended, that, upon the Minifter's own premifes, the bill was entirely needlefs; for as we were neither involved in a rebellion at home, nor engaged in a war without, there cou'd be no legitimate reafon for invefting the crown with fo dangerous a power. Even a foreign war, of whatever, magnitude, could not justify fuch a measure, unless there were fome valid reafons for fuppofing, that an invasion would be encouraged and fupported by fome powerful internal faction. It was a meafure only to be adopted in cafes of the greatest emergency, when the conftitution and liberties of the

people were at flake, and every thing must be hazarded for their prefervation. Dictatorial power was an edged tool not to be played with. The crown had already fwelled fo far in power, and in fluence, beyond thofe limits which were affigned to it at the revolution, as to afford too much room for ferious reflection, to every ferious man and lover of his country.. In this fituation of things, there could be neither reafon nor prudence, in lifting it up at once beyond all law and retraint. The war against the Americans was, perhaps anfortunately for this country, popular; a circumftance which removed every

colour of pretence for a measure of this nature. And the power of drawing out the militia without the concurrence of parliament, together with the immenfe force by fea and land, and the unbounded fupplies of money, with which the Minifters were entrusted, were fully fufficient for the ftrength and fecurity, for all the fair and honeft purpofes of government.

With respect to its effect on America, they faid, that its operations would render the prefent unhappy animofities between the English of these islands and that continent implacable, and not only cut off the hop, but the poffibility, of any future reconciliation; that under the colour of retaliation, it would excite, or afford, an opportunity for the exercife of the greatest perfonal injuries, and the moit horrible cruelties, on both fides.

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That its prefent injuftice was as glaring, as its future effect would be cruel and unhappy. that letting the queftion lie dormant, though they by no gave it up, as to the juftice or propriety of confidering or treating as pirates, thofe Americans who were taken in arms, or carrying on war againft our commerce upon the high feas, it was capable of reaching perfons of fo different a character, that all mankind muft agree in condemning its injuftice. This bill, they said, would, or might, be extended to others, befides those who made or intended reprifals; it might, for any thing that appeared, be extended to the captain and crew of the peaceable merchantman, who, unable to live by any other means than those to which they were bred, are conveying a cargo of the commo. [D]4

dities