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who made the original motion early in the winter, and all who took part in it, I may yet more strenuously address myself, to repair, by the passing this question and amendment, the injury that unintentionally they brought upon me by the then confined mode of proceeding. To all these considerations, Sir, I could join, were it expedient, many more persuasive calls upon the human heart, to take up this proceeding for the sake of an injured individual; but I wave an appeal to private sentiments, and desire the motion to be considered as a call upon the public duty of the House ; and, divesting myself, as far as possible, of every personal motive; scorning the pitiful contention, for such comparatively it would be, whether the minister should exonerate himself from this error in his instruction, or the general from that in his execution; I here in my place as a representative of the nation, require and demand a full and impartial inquiry into the causes of the miscarriage of the northern army in an expedition from Canada.

It is a great national object. The crisis of the time emphatically requires it. The existence of the British empire depends upon the exertions of the military, and the best foundation for public spirit is public justice. In addition to the natural animation which as Britons the army possess, place before their eyes that secondary spring and controller of human actions, reward and punishment. Let the first and most glorious reward, the honest applause of the country, be obtained by a scrutiny into truth for those who deserve it: on the contrary, if there has been delinquency, let the spirit of Manlius preside in the punishment.

“The hand of fate is over us, and Heaven

“Exacts severity from all our thoughts.”

If-there has been disobedience; if unauthorised by circumstances, if uncompelled by orders (for I will never shrink from that plea) a general has rashly advanced upon the enemy, and engaged against insurmountable odds, the discipline of the state should strike, though it were a favourite son.

“I, Lictor, deliga ad palum.”

These, Sir, are the means to excite true ambition in your leaders, these are the means to keep them in due restraint; this was the system of the glorious patriot, whose obsequies you now celebrate, and could his ashes awaken, they would burst its height. It was that wherein Manlius devoted his son and the first Decius devoted himself. A Roman army, shut up by the Samnites at Caudium, were obliged to surrender their arms, and to submit to the more ignominious condition of passing under the yoke of the enemy. The consul who had commanded them, proosed in the senate, to break the treaty whereby the army was lost to the state, and to make him in person the expiation, by sending him bound to the enemy to suffer death at their hands. In one point of view the present case extremely differs from the example; because by the treaty at Saratoga the army was saved to the state. It is the non-compliance with public faith that alone can lose it—and here the parallel will hold; if I have been instrumental to the loss of those brave troops since the treaty, I am as culpable as if I had lost them by the treaty, and ought to be the sacrifice to redeem them. Sir, this reference may appear vain-glorious. It may be doubted whether there exists in these times public spirit seriously to emulate such examples. I perhaps should find myself unequal: but others, who are most ready to judge me so, must at least give credit to one motive for stating the parallel—that I am too conscious of innocence to apprehend there is the least risk of being exposed to the trial. Sir, I have only to return my sincerest thanks to the House for the patience with which they have endured so long a trespass upon their time, and to join my hearty concurrence with the other gentlemen who have spoken in favour of the amendment. Lord George Germain said, the hon. gentleman seemed desirous of an explanation to three circumstances, which he would readily give him. As to the confidential letter, it was accidentally put among the official letters, and by that means was sent by the clerks, among other papers, for which he was very sorry. With respect to M. St. Luc, that gentleman had introduced himself to him, as a man who had performed great services at the head of the savages; and in conversation with him, he had been told, that the general (Burgoyne) was a fine officer with the regulars, but that he did not seem to like the savages, nor did he take the proper steps to retain their goodwill: that he was “un brave homme, mais lourd comme un Allemand”—a very brave man, but as heavy as a German As to his not having access to his sovereign,

their cearments to support it. As for myself, if I am guilty, I fear I am deeply guilty; an army lost ! the sanguine expectation of the kingdom disappointed 1 a foreign war caused, or the commencement of it accelerated an effusion of as brave blood as ever run in British veins shed, and the severest family distresses combined with public calamity. If this mass of miseries be indeed the consequence of my misconduct, vain will be the extenuation I can plead of my personal sufferings, fatigue and hardship, laborious days and sleepless nights, ill health and trying situations; poor and insufficient will be such atone. ment in the judgment of my country, or perhaps in the eyes of God—yet, with this dreadful alternative in view, I provoke a trial—give me inquiry—I put the interests that hang most emphatically by the heartstrings of man—my fortune—my honour —my head—I had almost said my salvation, upon the test. But, Sir, it is consolation to me to think that I shall be, even in surmise, the only culprit; whatever fate may attend the general who led the army to Saratoga, their behaviour at that memorable spot must entitle them to the thanks of their countr —Sir, it was a calamitous, it was an awful, but it was an honourable hour—during the suspence of the answer from the general of the enemy, to the refusal made by me of complying with the ignominious conditions he had proposed, the countenance of the troops beggars description—a patient fortitude; a sort of stern resignation, that no |. or language can reach, sat on every row. I am eonfident every breast was prepared to devote its last drop of blood rather than suffer a precedent to stand upon the British annals of an ignoble surrender. Sir, an important subject of enquiry, as I mentioned at my out-set, still remains— the transactions at Cambridge, and the cause of the detention of the troops. If I there have been guilty, let me there also be the only sufferer. Sir, there is a famous story in antient history, that bears some analogy to my circumstances; and when allusions tend to excite men’s minds to exertions of virtue or policy, I shall never think them pedantic or misplaced.* The event I mean happened in an age when Roman virtue was at

* It had been mentioned in a former debate, that references to ancient history carried sometimes an air of pedantry and were seldom of use.

there were various precedents for the refusal, till his conduct had undergone a military enquiry. His lordship concluded, that as military men were the most proper judges to decide in the present question, he did not see the propriety of parliament interfering in it at all. Mr. Cornwall was likewise of opinion, that parliament were incompetent judges of the matter then before the House. The Attorney General said, they had obtained one enquiry into the matter, which had been sufficient for the House to form an opinion on the matter; for his part, he had formed one, though he should not declare it. Mr. Grenville wished to revive the committee on the state of the nation, and that the Canada papers might be laid before them. Mr. For said, the papers"might be referred to a new committee, which he would prefer, because he hoped the same resolutions would not be passed : he was for a thorough and complete investigation; he was apprehensive that upon certain questions being asked, the spirit of the hon. general would lead him to go into the detail for his own justification, and from his openness and candour, he wished to state the motion so as to take in properly the whole unreserved discussion of these melancholy events. If a committee should revive the former subject, he would lay open the dark and shameful decisions, against positive facts, which passed that committee, under the banners of a noble lord over the way, (lord G. Germain.) All the hopes he now had, were, that the House had not yet sanctified the resolutions of that committee; there were now three times the number of members present that there were upon a former occasion, and he hoped, they would not go quite the length of the former committee. The surrender of the army was, as the worthy alderman had said, ignominious to this country, whoever might be the occasion of that ignominy, whether the general or the ministry. Sir W. Meredith said, that an hon. gentleman (Mr. Wilkes) had criminated in a cruel manner an unfortunate general, and made use of injurious and unbecoming expressions against an officer of distinguished merit, who had ventured his life in the bravest manner on many occasions. Earl Nugent said, there was not the least blame any where in his opinion, but a series of unexpected events, which were

the fortune of war; that every thing respecting the charge of inhumanity, or cruelty, or unsoldierlike treatment, was merely a vague report; that he had read every thing published on the occasion, and would assert, that not a single paper or letter of authenticity, had appeared to justify any harsh expression against the commander in chief of the army which capitulated at Saratoga. Mr. Wilkes. I am on this occasion merely the echo of the public voice. I have made no personal attack on the commander in chief, nor undertaken to support any charge against him. Measures, and not persons, I desired minutely to investigate; and the epithets which I emFo were to the facts and the events. suppose it will be admitted, that the convention in 1777 at Saratoga was more disgraceful than the capitulation at Closter Severn in 1757, because the troops there kept their arms. I have not proceeded, Sir, at any time on vague report. I referred to authentic letters published by order of the Congress, and to other state o: of unquestionable authority. The on. general has given us a good deal of the ancient Roman history, but overlooked two or three important questions relating to very modern transactions, and our own history. I wish, Sir, an answer to the charge I have repeatedly read of the burning villages and houses, and the wanton destruction and devastation of property, during the progress of the northern army under his command. One word, Sir, on what is stated by the hon. gentleman, as an event in the Roman history similar to the affair of Saratoga. A considerable Roman army was shut up by the Samnites at the Furcae Caudinae, obliged to capitulate, and with their general to pass under the yoke. So far is retailed out to us, but the sequel of the transaction is not mentioned. I shall give it briefly to the House. Early in the following year, the dictator Cornelius Len

tulus put himself at the head of the same

Roman legions, and gave the Samnites a total overthrow. It was no article of the capitulation at Caudium, that the same troops should not serve again against the same enemy. The Samnite general, Pontius, was the very next year after the affair of the Caudine Forks, with the whole Samnite army, forced by the Romans to pass under the yoke, unarmed, with only

one garment each, that the former igno

miny might be retaliated by the same

troops on the same enemy. The Roman spirit soon made a conquest of the whole country of the Samnites, and afterwards of all Italy and the world.

Lord George Gordon. I hope this very melancholy account of the sufferings of the King's army under the command of that unfortunate general will at length impress parliament with a due sense of the rashness of their proceedings, and prove a timely warning to his . and to the people, that the most o ished generals, at the head of the completest armies, when employed by arbitrary power to reduce mankind to unconditional submission, are frustrated in their wicked attempts by the heavenly interposition of the Divina Providence. It has pleased God to support the zealous assertors of civil and religious liberty in their just rights; and by crowning their resistance with success, he has, through his infinite mercy, averted those evils from America, which the vio-, lent proceedings of this kingdom, both in church and state, have so manifestly threatened. The experience of a few years has shewed to the whole world the #. of their apprehensions, and the

istorians of this war will be puzzled to decide, whether the governors of the church, or the governors of the state, have been most eager, bloody, and oppressive in their pursuit after American subjection. The ambitious prelates in the House of Lords have dared to countenance his Majesty in preferring Popery when he had it in his power to have established Protestantism, and parliament has confirmed it annually, by not complying with the pious petitions of the Protestant inhabitants of Canada, who have devoutly, religiously, and constitutionally implored the repeal of that obnoxious Act, the Quebec Bill, as establishing the government of

their country upon the narrow basis of

French law, and militating in the highest degree against the glorious constitution of this kingdom. Those same high prelates have countenanced his Majesty in employing the savages—heathens without i. or mercy, to carry desolation and estruction amongst the presbyterians and independents in America. And that most horrible massacre of Miss Mac Ray's, will remain an indelible stain on the religion and humanity of Great Britain in after ages, when queen Mary's massacre of the Protestants in England, and the persecutions of the presbyterians in Scotland by

* Charles and their predecessor arch

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bishop Laud, of infamous memory, shall stowed praise only in proportion to the list. be done away and forgotten. I am very lessness and inattention with which these happy at the same time to be able to make servants performed their duty. The two most goodly exceptions in the per- poble lord, said he, in the blue ribbon sons of the right reverend bishops of (lord North) disclaims being dictator Peterborough and St. Asaph, who have whenever the mismạnagement of govern. done honour to religion and their country, ment comes under the consideration of through the pious course of their own parliament. Whether Great Britain is lives, and by their generosity and loving- prosperous or defeated, it is none of his kindness to their brethren in America. I plan, none of his act. In every thing esbeg to add, that from my attachment to sential to the greatness or happiness of his Majesty's person and family, and for the nation, we find the noble lord timid; the love I bear my fellow.subjects, their he is not first minister, he is only the inlives and liberties, I hope there is no truth strument of the privy council ; he has but in what has been of late very much re- one humble vote there, and cannot be ac. ported about town, I mean the promotion countable to the nation for the folly of of certain characters. For I am of opi. the plans he undertakes to recommeod to nion, that if his Majesty can be so ill-ad. his sovereign. And should the plan strike vised, so far misled, and so deluded, as to at the liberties of his country, at the very continue any longer in his council, or to root of the constitution, he is then but the confer any honours, places, pensions, pro- echo of parliament. In what is the noble fit, or emolument, on those unhappy per-| lord daring and enterprising? He prides sons who have wickedly attempted to re- himself but in one act founded on his duce the colonies to unconditional submis- | own resolution, judgment and integrity; sion, his Majesty will as justly, as neces- he asks credit in parliament but for one sarily, and as certainly lose the con- ornament added to the crown, one benefit fidence and support of the people of Great to the state; that act of his own consists Britain, as he has clearly and evident. | in having fixed on a crisis of impending ly thirteen flourishing provinces, and ruin and calamity unknown in the annals three millions of the bravest, most reli. of our history before, and which the firm gious, and virtuous subjects of the crown. spirit and exalted wisdom of a Chathamı I shall vote for the enquiry, as amended might have found difficult to cope with; by the hon. member on the Aoor, in com- then did he seize the glorious opportunity pliance to the wishes of the unfortunate to recommend to his sovereign a war migeneral who is so very seriously interested pister, whose public incapacitation for in the event.

every vigorous xertion of mind, whose The House divided upon Mr. Fox's disgrace at the court of George the 2nd, Amendment:

was founded on the most decisive censure Tellers.

of a court martial, whose loss of the pas

tion's confidence, and his own character, I. S Sir James Lowther .. EAS Sir George Yonge ...s

is a public record. What had the nation

to expect from his councils? What plan S Sir Richard Worsley

of his, since in his office, dare he expose OBS ? Sir Grey Cooper :

to the public eye, and say it has succeeded? So it passed in the negative. Then the Why, then, should we give him a partial main question being again proposed, it acquittal to the prejudice of a gallant passed, after debate, in the negative. officer, whose only crime has been avow.

edly that he was too zealous, too brave, Altercation between Mr. Temple Luttrell too enterprising, too anxious for the good and Lord George Germain.) In the of his country, had strictly obeyed his course of the debate on the main question, orders, and done all that British valour

Mr. Temple Luttrell drew a comparison was capable of, to carry the minister's between the conduct of the officer and of plan into execution. Had he, instead of his minister. In former times, he said, it that, receded from his colours, disobeyed had been the custom of Britons to give the commands of his superiors, and bid praise and thanks to such of their offi- himself from danger, he might have had cers and servants as exerted their strenu- pretensions to one noble lord's patronage, ous and zealous efforts for the public weal, (lord North) and to the other's (lord G. even if those efforts were not crowned Germain) dignities and emoluments. Gewith success; but now-a-days they be- neral Burgoyne asks a fair and open trial,

the man who shrinks from it, and avails himself of an unjust, partial acquittal, must be guilty.

Lord George Germain said, that he never was personal in the House, never by any conduct of his merited such an attack; he despised that hon. member, but would level himself with his wretched character and malice; old as he was, he would meet that fighting gentleman, and be revenged. He was interrupted by a cry of Order in the House, and general confusion.

support him, he would keep order. A cry of Chair, chair. Lord North admitted, that lord G. Germain had been out of order, what fell from him had nothing to do with the question. It was a personal attack on an individual, and therefore out of order. Mr. Luttrell said, he would not be bullied out of the privilege of a member of that House; he had a right to speak his sentiments publicly and fully on a public character. The sentence of the courtmartial, in the reign of George the 2nd, was a public record, relative to a man in a

public post of trust, which required spirit, .

zeal, abilities, and integrity, and many essential qualities, as requisite in a war minister as in a general. He had not alluded to the noble lord’s private vices or virtues, and if he could be conceived out of order, as to the question, it could not imply that public charge of the minister was a private personality. Mr. Luttrell took an opportunity, in the confusion of debate, to attempt to get out of the House, to avoid being compelled to promise not to resent lord George Germain's personal abuse of him, but the Speaker gave orders to the Serjeant at Arms, to stop Mr. Luttrell, and bring him to his seat. The Speaker then said, that words of heat having dropped from two honourable members, in the course of the debate, he must require them to stand up in their places, and give the House an assurance that the matter should go no farther. Lord G. Germain said, if he had said any thing that was improper to be said in the House, he was sorry for it, and hoped the House would excuse it. He acknowledged he was out of order. Mr. Luttrell was then called upon. He said, if after being insulted for doing his duty, he was to be committed for delivering the sentence of George the 2nd, he [VOL. XIX.]

The ‘...." said, if the House would

should prefer being committed, to giving up the privilege of parliament, and promising to take no notice of a personal attack, not founded upon public opinion, upon any sentence, upon any trial, and hearing epithets made use of against him, which was meant as personal as they appeared; he should give no other answer, and abide by the decision of the House. Several members rose, and a dispute ensued, whether lord George had made sufficient apologies or not, and a motion was made about eleven o'clock, by Mr. Buller, “That the hon. Temple Luttrell be immediately taken into the custody of the Serjeant at Arms.” Disputes continued till past twelve, in which sir James Lowther, sir G. Yonge, Mr. Howard, and others, were of opinion that the privilege of parliament would suffer, if Mr. Luttrell was committed upon the present facts before the House; and drew a distinction between public and private charges. Mr. Buller, Mr. Onslow, and many members on that side, thought lord George could not, in honour, make further apologies, and were therefore for committing Mr. Luttrell. * Mr. Luttrell stood up, and said that being again informed by the oldest members of parliament from every quarter of the House, that no public business whatever could go on till this altercation was settled, and being resolved to abide, at all events, by his privilege of parliament, he should beg leave to second the motion for his immediate commitment; that by his absence the House might proceed on a question of great importance to every military man, and to the whole nation; and that as parliament had but a few days more to sit before its prorogation, and still more weighty affairs of state remained for their discussion, it was necessary to discharge this dispute, he would make no apology for public severity of language, but an apology he must seek for personal insult to himself. Upon this, Mr. Luttrell was, between twelve and one o’clock in the morning, going to be taken into the custody of the Serjeant at Arms, when Lord George Germain rose to make a second apology, which was fairly and particularly addressed to the hon. gentleman, for certain improper words, which the noblelord had addressed to him, in the warmth of debate, and from feeling himself hurt by the charges stated against him. Mr. Luttrell then said, that now the [4 Hl

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