not the motion went so far as to offer independence, it was a certain known truth that it was not the interest of America to insist on it. The religion, language, customs, manufactures, and laws of this country, would naturally invite a connection between them and us. France and her laws were odious to them. Extreme distress was the only tie that united America with France. The independence of America would only be of service to a few of the rulers. The people at large would suffer by it. It was as inconsistent with their interest to desire, as it was with our honour to grant it. The mean concessions of ministry, he feared, would not be accepted. Propositions of reconciliation with a people who had been so ill used, in order to have effect, should come from men in whom that people could have a proper confidence, not from those who had so long harassed and deceived them. The friends of the motion perceiving, that if the question was put, it would be negatived, strongly solicited Mr. Hartley to withdraw it: which he consented to. May 28. Mr. David Hartley rose and said: I propose, with your permission, this day, to offer the following motion to the House: "That an humble Address be presented to his Majesty, to intreat his Majesty, that he will be graciously pleased not to prorogue the parliament, but that he will suffer them to continue sitting for the purpose of assisting and forwarding the measures already taken for the Restoration of Peace in America; and that they may be in readiness, in the present critical situation and prospect of public affairs, to provide for every important event at the earliest notice." This motion was originally a part, and intended to have been subjoined to the motion which I offered yesterday to the House; but as this proposition was independent of the other, I was induced to separate them, to accommodate myself to the sentiments of some hon. gentlemen who were willing to give their assent to the declaratory Address, but not to the proposition of keeping the parliament any longer sitting. The person to whom I more particularly allude, is the noble lord at the head of the Treasury, to whom I beg leave to return my best thanks for his support of my motion yesterday, though it was ineffectual. There is no obligation that I could feel more sensibly, because there is nothing that I have so much at heart as cultivating and | improving every possible opportunity of restoring peace between this country and America. I am very confident, that the day will soon come, when the House will regret having been so touchy upon every proposition that has but the shadow of American independence. It is want of prudence in the extreme to become more and more attached to impossibilities, in proportion as they become more evidently so. The Americans, you all know, are in fact independent. If you regret that independence, you have your ministers alone to thank for that event. By their advice and persuasion, his Majesty and this House have turned deaf ear to all the petitions and applications from America for redress of grievances. But you would at that time offer no other terms than unconditional submission, the only alternative to which is independence. Your force is now, in all effect, defeated in America. One army entire is taken prisoners. The force which remains, is so far from being adequate to the conquest of America, that, I fear, it will find great difficulty even to defend itself. The ministers of this country first introduced foreign forces into the contest. The Americans have now in their turn called in a foreign power to their aid. We know that a French fleet of 12 or 14 ships of the line (and, as report says, with 3,000 land forces on board) has sailed these six weeks from Toulon to their assistance. Then see what a situation your remaining army will soon be in. The whole force of America augmenting and triumphant, against a brave, but diminished and deserted army, for the ministry have taken no care to send them sufficient succours. These are the events which are coming upon you without delay. Let me then ask, whether this be the time to be prorogued for summer amusements; or rather ought we not, at such a moment, to redouble our anxiety and attention, to provide "ne quid detri menti capiat res publica." Another argument that I would offer to you against a prorogation is, that we may be found watchful upon our post, as the guardians of this country, to be in readiness to receive at the earliest moment, the report from the commissioners, who are gone to offer a treaty to America. I think we may be but too well assured what that answer will be. Can it be believed that a nation who renounced the government of this country, and asserted their independence even as a challenge to you two * the alliance between France and America? Certainly not. America will be faithful to her alliances. Remember at the same time, that it is the ministry of this country which has driven them into those alliances. These points are fixed; I know they are. I have had some means of information authentic upon these subjects, that I am confident I am not deceived. If as a private person, I might give an opinion, I would endeavour to obtain your consent to the following terms, as the basis of a negociation. I have the strongest reasons to know that this country will never get better terms of treaty. I have explained the reasons of my conviction to his Majesty's ministers, and have laid before them the following heads of negociation, as the result of the best opinion and expectation, that in my opinion, the case presents: That America be declared independent: That Great Britain and America shall agree mutually not to enter into any treaty offensive to each other: That an open and free trade shall be established between Great Britain and America: That a mutual naturalization shall be established between Great Britain and America: That commissioners be appointed on each part, to negociate a fœderal alliance between. Great Britain and North America. years ago, when you made the great and formidable attack upon them, being then without allies; can it, I say, be conceived that the same people, having now successfully asserted that independence, and being triumphantly in possession of it, with foreign alliances for their farther support, now that your force is but little better than totally defeated, should for no reason, and from no necessity, relinquish that situation of independence, which you cannot wrest from them? It is an impossible expectation. The declaration of indepen. dence has not only passed in Congress, but every province has adopted the new government of independence; and almost every individual upon the continent has taken the oath of allegiance to their respective new governments. Besides these proofs, which I think can hardly be called presumptive proofs, because they amount to a certainty, we have, however, recent and positive proofs which lately arrived from America. I mean the resolution of the Congress of the 22d of November, 1777, which runs to this effect: "Resolved, that all proposals for a treaty between the King of Great Britain, or any of his commissioners, and the United States of America, inconsistent with the independence of the said states, or with such treaties or alliances as may be formed under their authority, will be rejected by Congress." These are the considerations which induced me to offer you the motion, which I did yesterday. I am confident that you have sent your commissioners upon a needless errand, and that they will return with a refusal; for which reason, if I could have had any influence with the House, I would have recommended to them as a preparation for such an event, to have come to a declaration, that, preferring peace above every other consideration, they would have been ready to cooperate with his Majesty in any farther conciliatory measures, which might be necessary to give efficacy to their pacific intentions. If any man were to put the question to me, what should we do in the present circumstances of our affairs? if my motion of this day were to be complied with, I confess I should be put to a great difficulty to give him an answer. But this is an additional reason for taking the wise and prudent advice that parliament upon consultation might afford. The point of independence is over; do not deceive yourselves upon that subject. Can you break Sir George Savile seconded the motion. No person offering to answer, the Speaker was proceeding to put the question. General Burgoyne applied to the Treasurybench, to know whether the King's servants meant to agree to the motion? In which case he said he should give the House no trouble: that otherwise he thought himself pledged to deliver his sentiments. The call was, "Go on ;" and General Burgoyne proceeded as follows: Mr. Speaker, I shall not pursue the ar gument of the hon. gentleman, upon the expediency of parliament being ready sitting to deliberate upon the first intelligence that may arrive from your commissioners; that argument has already been too ably enforced to require a second: neither, Sir, after so long an indulgence as I received in a former debate, shall I again press upon the attention of the House the debt they owe to national justice and policy, upon the subject of enquiry: though the generals Howe and Carleton may be expected every day; and it was upon their absence alone, that the greater part of the House seemed disposed "Turn thy complexion there, "Patience, thou young and rose-lipp'd cherubim, "And there look grim as hell." It will be difficult to those who are most conversant in history, and accurate in observation, to point out examples, where, after an alarm, the spirits of men have re to postpone so important and necessary a duty. But, Sir, I shall rest solely upon a view of the present state of this country, as universally compulsive upon the understanding, in favour of the measure proposed. While an enemy is prepared upon the neighbouring coast, and perhaps is at this hour embarking, diffidence, despon-vived by inaction. This nation is put into dency, and consternation, are evident among great part of the people. A more fatal symptom prevails among a greater part; a torpid indifference to our impending fate. Men dare not, or will not, look into their desperate circumstances. God grant that general panic be not the result of all these demonstrations! for panic is incident, upon some occasions, to those who have been most distinguished for bravery upon others. the state of a garrison, whose out-posts are abandoned, whose sallies are stopt, and who are to combat in the body of the place for their last stake. I do not say, that men have not fought desperately in such situations; but then they have been brought to extremity by a progression of conflicts, and have seen great examples to raise and stimulate their public passions, I know of no great exertions, where the governing counsels have shewn apprehenThe salvation of the country depends sion and terror, and consequent confusion upon the confidence of the people in some at the outset. The success of vigorous part of government. The ministry have measures to restore an army after a panic, it not; the whole nation see, or think they is almost invariable; ancient history see, their insufficiency. I mean not to abounds with examples; in our own time, apply these words grossly or virulently; they are frequent. When general Rothere are among them many to whose per- manzoff found the Russians impressed with sonal qualities and talents I bear respect, apprehensions of the Turkish cavalry, his and to none more than the noble lord first measure was to lay aside the use of in the blue ribbon. But talents are re- chevaux de frize, and to encamp without lative to times; and it is no reproach to entrenchments. The revival of the genesay, that men well qualified for negocia- ral spirit of a state depends upon the same tion, finance, or the smooth current of go- principles. We need not look abroad for vernment, may be totally unfit for their examples; we have a more striking one at stations, when the crisis requires instant home than foreign annals can produce, in resource, decisive counsel, animating ac- that immortal year, 1756, the commencetion. That these are notoriously wanting, ment of the earl of Chatham's administrathe best friends of the ministers shake their tion. The most glorious tribute we can heads and confess. Is there a man of pay to his memory, is to follow his examcommon sense and common spirit in the ple. Let ministers visit his remains, while country, that does not stand confounded yet above ground, and catch wisdom, and and aghast at the late supineness? that vigour, and virtue from the view. Did he does not think the heralds ought to have keep fleets at Spithead to prevent invaaccompanied your coach, Sir, when you sion? Did he fear to trust the internal decarried up the Address of the Commons; fence of the nation to her own sons? No, and that the declaration of war at St. Sir, your navy was employed in offensive James's gate should have accompanied the operation in every quarter of the globe; answer from the throne? "Be patient," and the nation, supported by a just confiwe are told; " France may repent; Spain dence, were ten times stronger after the yet speaks us fair,"-Sir, to be patient in dismission of the Hanoverians and Hesour situation is to be abject: our pusilla-sians than before. Every ship became a nimity gives tenfold increase to our natural weakness. Patience in private life, under affliction or disease, the strokes of fortune, or the hand of heaven, is a virtue of lovely hue; but political enduringtamely to suffer provocation and injury,the most wanton insult that ever was of fered to a nation,—I mean the message of the French ambassador: fleet, every regiment felt itself an host. We have now a brave admiral riding at Spithead, who knows the way to prevent invasion by seeking the enemy at a distance. His share of glory in the defeat of Conflans is on the minds of his followers; you cannot gratify him or them more than to give them a second occasion, and by the same means, to save their country. The brother of that admiral, a member of this House, (general Keppel) bred also in the best schools of his profession, is second in command on shore, and second to one who needs no other praise than that he was the favourite (lord Amherst) and the friend, and the confidential executor of the arduous plan of the great statesman I alluded to. Let these men be assisted with national spirit, and England is not to be subdued, while a river or a hill remains; without such spirit, another battle of Hastings may make another Conquest. Sir, I repeat that the best hope of generating and diffusing this genuine strength of the mind, to which arms and treasure are but inadequate substitutes, depends upon the presence of parliament," to provide (according to the words of the motion) for every important event at the earliest notice,"To strengthen the crown, not by adulatory addresses, but by such occasional sanctions, as would give fresh and extra-energy to its power, pending the emergency that might require it: to support public credit, in union with the city of London, not only by common engagements of faith, but by acts of quick and encouraging efficacy towards individuals, who might nobly risk their all in the cause but above all, in full numbers and by general continuance, to exhibit themselves to the world a true representative of a determined people attacked in their vitals; to prove that they are not to be seduced from their duty by the allurements of pleasure or personal interest, but have fortitude to await the approach of the enemy, as the Gauls were awaited by the senators in Rome; and, if need were, to receive death in these seats, to give example and fire to their surviving countrymen. Sir, a parliament, thus in spired, (the occasion, I believe in my conscience, would give the inspiration) would spread immediate and extensive veneration and influence.-Faction, in this great city, if faction there is, would be no more; majorities and minorities here would be Iost in unanimity for the public safety; the King's name, thus supported, would be in truth a tower of strength; and the daring attempts of the enemy would only tend to the present glory and future stability of the state. ; Sir, these are my sincere sentiments; and for this free delivery of them, I doubt not that I shall read in the morning papers of to-morrow that I have thrown myself into the arms of opposition. I am conscious I never did so true a service to the king and to the country as I do in the part I now take; and whatever may be the idle comments of the day, I trust that with the respectable part of the public, if the term opposition' is to imply blame, it will be applicable only to the rejection of this motion. If the king's ministers take the lead, and exercise their persuasion for that purpose, I hold them to be opposers of national spirit, opposers of public virtue, opposers of the most efficacious means to save their country. Sir, I scorn to take up this language upon so pitiful a motive as personal resentment. Government, whoever are the ministers to conduct it, shall have my voice when my conscience directs it. That I think myself a persecuted man, I avow; that I am a marked victim to bear the sins that do not belong to me, I apprehend; but this is not the first time I have stood the frowns of power for parliamentary conduct; and whatever further vengeance may be in store for me, I hope I shall endure it as becomes me. I am aware that in far better times officers have been stript of their preferments for resisting the possessors of that bench.-They cannot take from me an humble competence; they cannot deprive me of a qualification to sit here; they cannot strip me, I trust they cannot, of the confidence of my constituents to seat me here; they cannot strip me-I am sure they cannot-of principle and spirit to do my duty here. I never was more excited by these motives, and I never can be more, than upon the present occasion to give my vote in support of the motion. Mr. Rigby ridiculed the extraordinary mode, as he called it, of reasoning adopted by the last speaker, that every man who opposed the present motion, or his particular opinions, was an enemy to public virtue. He begged leave to differ from the hon. gentleman, for he always understood that free debate and liberty of free judgment, was the very essence of that House. The only argument used by the hon. gentleman who made the motion, for preferring an adjournment to a prorogation was, that parliament might be sitting, and ready to assist with their counsels, when an account might be supposed to arrive from our American commissioners. If this was all the hon. gentleman meant to take by his motion, it was in fact already complied with; there was a law in being, by which the crown was enabled to call the parliament, in case of actual invasion or rebellion. It was acknowledged, and had. | When that event took place, if the honourable gentleman should be honourably acquitted, then it might become a proper subject of parliamentary enquiry." Till, therefore, the arrival of all the parties concerned, and the discharge of the hon. gentleman from his present engagement, should take place, and in consequence of that he should be acquitted, the measures which were committed to his charge could never become a matter of state, or be agitated in that House. Mr. T. Townshend condemned the mode of proceeding recommended by the last speaker, as destitute of spirit. He disapproved of all examination into private cha racters. He was severe on what he called the illiberality of the hon. gentleman to the unfortunate general, who was labouring for the dearest thing a soldier can possess, his reputation. not yet been contradicted, that a rebellion was existing; consequently, though terms of conciliation, or actual refusal on the part of America should be received; and that in consequence of such intelligence, the convening of parliament should become requisite, his Majesty would have it in his power to call it together within the time stated, which, he believed, on all hands, would be confessed to be sufficiently early to provide almost against every possible exigency. The adjournment was only matter of form. The Speaker, it was true, and the officers of the House, would be obliged to attend at certain stated periods; but he was certain it would be only to meet, in order to adjourn; for he would not be able to procure a regular attendance, or indeed any attendance. He then proceeded to personalities against the hon. gentleman who spoke last. He said he was a prisoner, and had no right as such Mr. Solicitor General Wedderburn said, to speak, much less to vote in that House. the motion was unnecessary, as, by law, He expressed a wish to be tried. The during the American rebellion, the King hon. gentleman knew, when he desired a could call the parliament in 14 days, nottrial, that he could not be tried; he was withstanding a prorogation; which creates upon parole; he was, as a prisoner under a new session, in which even recent Acts that parole, not at liberty to do any one may be repealed. He then took occasion act in his personal capacity. Suppose, for to propound doubts relative to general instance, the hon. gentleman should be Burgoyne's capacity to vote in parlia tried and found guilty, who could punishment; and he argued them, at length, him? No one certainly. A prisoner is always bound to his first engagement, and amenable to the stipulations of those who have prescribed the terms. To talk, therefore, of trial, without the power to punish, was a farce; the power to try, implied the power to punish; or such a power meant nothing. Take the matter in another point of view the affair of Saratoga had been already enquired into and decided upon. He denied both those assertions. Whatever steps had been already taken in the business, implied neither condemnation nor acquittal. He wished to be understood, that there was a fault somewhere; and he would never allow, though there was a majority of nearly four to one, 144 to 44, that what the House determined on that occasion, was either an acquittal or condemnation of those who planned, or those who executed; he was satisfied it was not. A British army was lost, the blame must rest somewhere; the present was not a proper time to enquire, because all the parties could not be present, and because at no time was that House competent to such an enquiry. It must be sent to a military tribunal, where the hon. gentleman would be tried by his peers. with visible preparation and much learning. He referred, very particularly, to the story of Regulus; and, to make the cases parallel, stated the general as a common prisoner of war (the Convention of Saratoga being now broken); that, consequently, he was not sui juris, but the present property of another power. He insisted, with still less expression of doubt, that the general, under his present obligations, was incapacitated from exercising any civil office, and incapable of bearing arms in this country. General Burgoyne, in reply, stated the mistake upon which the learned gentleman's argument was in a great measure founded, namely, that the Convention was broken, and that the general was under the usual restrictions of a prisoner of war. The Convention was declared by the Congress not intended to be broken, on their part, though the execution of it was suspended. The general, therefore insisted, that he was under no other obligation, than that specified in the Convention, "not to serve in America;" and that of his parole, "to return at the demand of the Congress, and due notice given :" that in this country he was free to exercise his |