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After this explanation, the Solicitor General acknowledged that no doubts remained as to the general's rights; and the House were unanimous in the same opinion.

rights as a citizen and a soldier; that, I could not be disputed, there could not be should the enemy land, though the present a doubt of the hon. general's right to his disfavour might preclude him from the seat. command which his rank, and some experience, might entitle him to, he trusted the King would not refuse his request to take a musket in defence of his country. He proceeded to argue, that even upon the supposition that the learned gentleman's position had been true in its full extent, and that he had been, directly, a prisoner of war under parole, he should not have been incapacitated from acting in parliament; and in answer to the precedents brought from remote ages, he produced one of a present member (lord F. Cavendish), who, when a prisoner in France, after the action of St. Cas, and upon his parole in England, sat and voted in parliament. That noble lord, upon quitting France, had asked, whether any restraint in that respect was meant? as he should certainly vote for every measure that could distress the enemy. He was told, that they should as soon think of restraining him from getting a child, lest, when it came to maturity, it should do them mischief. The general proceeded to observe, that the cases, in point of explanation, were precisely the same; for that before he left the army, it had been intimated to him, that there were persons in Boston, who doubted whether he should not be restrained by parole from taking any part in parliament, at least, when America was concerned; that he came to an explanation with those entrusted with the sentiments and powers of the Congress; and declared, that if such restraint was intended, he would remain and die in that country, rather than return home. The idea was abolished; nay, more, it was expressed, that the friends of the Congress conceived rather advantage than injury from the general's presence in parliament; that they wished for peace upon proper terms; that they were persuaded, the general, as a man of humanity, wished the same; that they believed he had honour to speak truth, and that truth would conduce to that desirable end.

Sir H. Hoghton thought the business should be suspended until the difficulty respecting the general should be settled. The Speaker said, it was not a matter of doubt. The learned gentleman had argued upon a supposition, that the hon. general had not received so extensive a permission as he standing in his place had affirmed he possessed. As this assertion [VOL. XIX. ]

Mr. Fox confessed he saw the greatest reason in the world for adopting the measure of the address, and not one against it. Remembering how fatal the last long recess had been, he could not conceive how any man, in the least interested in the welfare of his country, could think of trusting again to the management of the ministry. At the very instant, when the House were about to think of a conciliatory plan, it was adjourned for more than six weeks [the Christmas recess] and in that fatal time, what was the conduct of the ministry? Though they knew that they were about to yield up every thing they had before denied, and by the intimation of which, in due time, they might have prevented the effects that had ensued, yet they never made the least intimation, but gave time for France to conclude a treaty, by which every hope of bringing America back to dependency was lost for ever. They filled up that space in levying armies, without the knowledge or controul of parliament, and for that reason truly we were to trust them again, as fully and implicitly as we should do a majority of parliament. Ready on all occasions as that majority was to obey the will of the minister-inattentive and negligent as some, and dependent as most of them were, yet still he preferred their votes and measures to those of the administration. An hon. gentleman had said, that they were carrying on war at this very time, to the best of their understandings, against France and Spain. Looking back to their conduct, he found equal reason for being displeased with their understandings here too. What stroke had they struck? or what active enterprize had they executed? They had moved an address to the throne, and they had recalled their ambassador: this was the extent of what their understandings had produced. In more than two months they had been able to execute these mighty objects, and their understandings assuredly deserved credit for the happiness of the contrivance, as well as for the accomplishment of these two things. It was said, by a learned gentleman, that his Majesty had it in his power to convene parliament [41]

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in 14 days; but so he had after an adjournment; and it was better to trust to adjournment, in this case, which would certainly convene us, than to a prorogation, which might not do so. Aye, but," said the learned gentleman, "by a prorogation we shall have a new session, and then we may repeal the Acts of the present." Then, said Mr. Fox, it may be fairly concluded, that we are to repeal the Acts of the present session. That learned gentleman is the key to the cabinet; he knows the secrets of state, and he says we must, in the next session, probably repeal every thing we have done in the present; he knows that the propositions of peace will not be accepted; he is not sanguine enough, to flatter himself that they will; he knows that the plan is inadequate ; the concessions, however humiliating, not sufficient; we have brought ourselves so low, that kneeling before them, with concession in our hands, cannot procure us the peace we pant for, and we must repeal them before we succeed. I agree with the learned gentleman, that the plan we have proposed is inadequate; but if in the present session we cannot repeal, we may vary; and as we do not mean to restrain the Americans in any degree, the variation that may be necessary will be in our power. The situation of his hon. friend was an incentive towards continuing the session, of the most powerful nature. The hon. general was unfortunate-singularly unfortunate; and it was the business of the House, to enquire into the causes of his misfortune, and charge them on the true author, whoever he might be. It was to his hon. friend a matter of consolation, though he knew him too well to suspect that he preferred private consolation to the good of his country; yet, he said, it might console him to think, that he was not the only unfortunate man who had served the present administration. It was the fortune of every man who had served them to be unfortunate. Every officer in America was an instance of the fact. General Gage had not reaped any laurels in their service, nor had Admiral Graves any reason to rejoice at his success. Sir William Howe had not escaped the misfortunes that had overtaken their servants; though crowned with repeated conquests, he had lost by his success. Lord Howe's character could not be much hurt by their insinuations, rancorous as they had been; but he had gained no additional honour from his exloits in their service. The manner in

which the other gallant officer, sir Guy Carleton, had been treated, needed no comment; it was upon record, and would stand an example in future, for the instruction of all those who might be hazardous enough to attempt to serve their country under the auspices of men who were obliged to cover their ignorance and inability, and screen themselves from ignominy and contempt, by throwing blame upon the men who were unwise enough to act as they were instructed. The concealment of intelligence delivered to them, under any form, was criminal to the highest degree, when the character of a soldier de. pended upon the disclosure. He knew not how to speak of their conduct and preserve his temper. He wondered how the people could hear of it and withhold their resentment. He could not avoid advert. ing to a circumstance, which he confessed was new to him. It was a subject of praise to a noble lord, whose ingenuity he seldom had cause to applaud; just, however, to merit in every instance, he could not be blind to it in this; where invention was so rare, it was politic to cherish the first appearance of it. A timely attention might promote its growth, as good husbandry, and careful cultivation, made even a barren soil fruitful. The noble lord in the blue ribbon had most ingeniously created a new species of oratory, and that of so divine and specific a nature, that it would serve every occasion, and refute every argument. When we attempt, said Mr. Fox, to charge to that noble lord's negligence or inability, the loss of America, and thereby the destruction of national grandeur, national interest, and national credit, he replies, in his newly-invented language,

Well, you may say this, and say that; but I do say again and again, I did not lose America." This reply is irrefutable. What can be urged against it? We must alter our accusation, and, instead of throwing it on the noble lord, condemn general Washington, as the only cause of our having lost America. His superior abilities had frustrated every effort; we did all that men could do, but he, like the arm of Heaven, overthrew our strength, and made us yield to his superiority. Arguing in like manner, we ought to say, it was not owing to the head or the heart of king James, that he lost the crown of Great Britain, but the wickedness of the times. He did all that man could do, but his enemies were the more powerful, and he was forced to submit. In the same manner, if

the fleet that sailed six weeks ago from the port of Toulon, had attacked and taken the most valuable territory of the empire, destroyed our fleet, and made captive the army in America, we must not condemn the ministry as the cause of our misfor. tunes; they could not avoid it; they did all that men could do, but the winds of Heaven were against them, and the winds of Heaven were alone the destroyers we ought to condemn. It has been repeatedly urged by the noble lord, that it is not possible for administration to defend all our extended empire from the encroachments of the enemy. True: but is there any one part of the empire at this moment defended, except Portsmouth? Have the ministry put their own defensive plan in execution? Ridiculous and inadequate in our situation as a defensive plan is, have they even begun upon that? Nature has assisted them most materially in this task. The Gut of Gibraltar is a kind of general protection for our Mediterranean dominions; a fleet stationed there, prevents those of our enemies from sailing-and yet, so blind and indifferent have ministers been, that no fleet is stationed there for that purpose. We cannot, as the noble lord says, number ships with France and Spain. This superiority is multiplied by our acquiescence. It is not the greater number of ships that a state actually possesses, but the number employed in action that constitutes superiority. If France has twelve line of battle ships at sea, while we have forty-two in port, she is superior. Instead of defending, let us attack. One great stroke of policy must now be attempted, as one great, sudden, unexpected stroke can alone, in our present situation, save us. Such a one as that which determined the fate of the last war, and such a one as might now be effected. Need I say that the capture of the Spanish flota would be an issue to the conflict. To effect such an object, the hands of government must be strengthened, great, prodigious supplies must be granted, the nerves of war must be strained to their extent, and, for that purpose, this House must and ought to continue to sit. Money will be wanted in the course of the summer, and it will be necessary for the House of Commons to find it somewhere. Deplorable as our situation is, it is nevertheless not desperate, for Great Britain cannot despair, provided her ministers are as able to plan as she is

to execute.

Lord North answered particularly to

That

almost every argument of the opposite party. General Burgoyne had not reason to say he was a persecuted man. assertion he could not sit and hear, without, at the same time, feeling the injustice of it. It had been the care of administration to cherish his merit; they saw it in its growth, and reward kept pace with its progress. If to be raised above his elder officers in the service, was persecution, he did not wonder, considering how much he had been persecuted, that he wished for more. He did not at all interfere with his political opinions. He might throw himself into the arms of opposition, without thereby recommending himself a bit the more. He did not look for merit to any particular part of the House: general Burgoyne had a superior claim to most others, wherever he sat. He begged the hon. gentleman who spoke before him, not to level his satire at the majorities of the Houses of Parliament. They were respectable, unbiassed, and confident in their conduct; he paid the utmost deference to them, but, in the present case, he truly thought that parliament might trust as safely to the ministry. It was their interest to convene them, in case of advice from the commissioners: in case of invasion; in case of emergencies that might require further supplies. It was their interest, and parliament might trust them at least so far with as much confidence as they would majorities. The hon. gentleman had said, we were not yet in a desperate situation; the assertion did him honour. It was a proof of his superior understanding: it was true. The hon. gentleman had echoed an assertion he had often used: "That he had not been the cause of losing America." He confessed he had frequently said so, and he was ready to submit his conduct to parliamentary enquiry. It might be, as the hon. gentleman had said, a new language, and it might be used for the purpose of preventing harsh censures. Was it so much owing to his inability, negligence, or design, as to the inflammatory conduct of some men, that we had lost America? He had never touched on that point, and he wished to be silent on it. He had, on a former day, given his opinion on the propriety of intercepting the Spanish flota. It would not be honourable, and therefore it would not be politic. He agreed with the hon. gentleman that great supplies must be granted, and the utmost efforts made, even this summer. He hoped they

would be made, and he expected they would be successful.

as disinterested, and as worthy as ever existed, engaged in the greatest and the best of causes. He begged to say to the noble lord, who denied himself to be the cause of our disasters in America, that if he would not confess that he had, through wilful blindness, lost that continent, he must be forced to acknowledge that he had been the dupe of interested individuals: that he had been misinformed, misadvised, and had misconducted the whole affair. The noble lord had not intended, perhaps, to lose, but he certainly had lost America.

Mr. Turner informed the House, that there were vessels in the Bay of Dunkirk, ready to sail, at an hour's warning, fit to carry 30,000 men. Marshal Broglio was on the coast, 30,000 men were in readiness, and an invasion was undoubtedly the design. Was it not therefore a consideration of the most material weight, for the House to provide against that danger, by sitting and deliberating, from day to day? The House divided:

YEAS

NOES

Tellers.

Mr. Fox
Mr. Turner

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5 Sir William Gordon
Mr. Robinson

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Mr. Burke could not, he said, hear the most distant comparison made between the majorities of parliament and the ministry, without feeling resentment at the pretended equality. Blind, biassed, and manacled, as the majorities had of late been, still the dignity of the House and the recollection of what majorities were formerly, induced him to reprehend so unequal a comparison. Majorities had been composed, even in this session, of the independent part of the House. The opinion of the minority, by continuing the same for years together, brought them, by the transition of the contrary opinion, into the largest majority that ever the present administration were blest with. Minorities have become majorities, by the absurdity, in the first instance, and inflexibility, in the second, of the ministry. He could not avoid reverting to the dream of the learned gentleman, nor enough wonder, reflecting on his amazing sagacity, that. he should have been reduced to the necessity of quoting examples from the records of barbarity. The conduct of war, in the days of Rome, is, indeed, a very proper line for ours! It would have been the misfortune of that learned gentleman, if he had been made a prisoner in those days, to have been set up to public sale, with his doubts, and his ribbons about his neck, and sold for a slave. He was happy that the learned gentleman's dream was so soon, and so easily read, and that, like all dreams, it had been born in the weakness of the brain, and had ended in nothing. He begged leave in answer to an expression, that had fallen from an hon. gentleman, and which had been answered by the noble lord, to say something in favour of opposition. It was not his wish that any hon. gentleman should join with opposition, before he had well considered the principles he himself entertained, and the Mr. Rigby, after expressing his great reconduct of the party he was about to join. spect for the departed statesman's unriTo young members he invariably said, that valled talents, and his regret that his he would rather wish them to join admi-country should be deprived of them at a nistration, than to adhere to opposition, before their minds were made up. It was so much more shameful to change from opposition to administration, than from the latter to the former, that he begged them to be cautious and considerate in their cho.ce. If the hon. gentleman did mean to join with the part of the House to which he adhered, he would only say, that he would join with a set of men, as wise,

So it passed in the negative.

Proceedings in the Commons on the Death of the Earl of Chatham.] May 11. Colonel Barré informed the House, that the earl of Chatham had died that morning, at his seat at Hayes, in Kent; and moved, "That an humble Address be presented to his Majesty, that his Majesty will be graciously pleased to give directions, that the remains of William Pitt, earl of Chatham, be interred at the public charge."

Mr. T. Townshend seconded the motion.

time when they were so much wanted by her, declared, that no man in the House revered him living more than he did, though he sometimes differed from him in politics; but the noble earl's virtues had made an indelible impression on his mind, and the very last words he ever spoke in parliament, particularly commanded his gratitude and admiration. He, therefore, certainly would vote for the motion, if the

hon. member should think proper to per- |
sist in it; but he begged leave to say,
that he thought a monument to his me-
mory would be a more eligible, as well as
a more lasting testimony of the public gra-
titude than the defraying of his funeral
honours.

Mr. T. Townshend would have spoken in reply to Mr. Rigby, but sorrow choked his utterance, and he found himself obliged to sit down; recovering himself, however, in a few minutes, he delivered a short but most feeling eulogium on the merits of the deceased peer, and concluded by expressing his affliction, that he should be snatched from us at a time when his country was in so much want of his abilities.

his zeal for his country's service: in this last object was every other consideration sacrificed; and while he had any thing to do for the state, he was insensible to every desire to aggrandize himself: public and personal interests were ideas he had never connected; the latter were always swallowed up in the former: the effects of this generous spirit now laid heavy on his family: and he flattered himself that the House would take their case into consideration, nor suffer the descendants of that great man, to whom this country owed its greatest glory, to be exposed to want.

sure support any motion that might be made in favour of the late earl's family.

Lord North heartily coincided with the noble lord: he was conscious that the late lord Chatham had deserved so well of the Mr. Dunning said, he could not sup- state, that his descendants had certainly a pose there could be two opinions in the just claim to the generosity of the House, House on such a motion, in point of prin- and the gratitude of the nation: he assured ciple, though there might be some diffe--the noble lord, that he would with plearence of sentiment upon the modes of expressing our sensations; for his part, he thought the two propositions were in no degree opposite, and, therefore, should move, that the following words be added: "And that a Monument be erected, in the collegiate church of St. Peter's Westminster, to the memory of that excellent statesman, with an inscription expressive of the public sense of so great and irreparable a loss; and to assure his Majesty, that this House will make good the expences attending the same."

Lord North, who had gone home, then entering in great haste, declared his happiness in arriving time enough to give his vote for the motion, which he hoped would be carried unanimously, and he lamented, that he had not breath enough, from the hurry in which he came, to express himself with the degree of respect, which he wished to shew on so great an occasion.

The motion as amended was agreed to

nem. con.

May 13. Lord North informed the House, that his Majesty had been waited on with the said Address, and had commanded him to acquaint the House, that he would give directions as desired therein.

Lord John Cavendish then called the attention of the House to a matter in which he hoped to find their gratitude manifest itself in a generous manner. The great statesman, whose loss this country would long have reason to regret, the immortal Chatham, had not signalized himself less by his disinterestedness than by

Mr. T. Townshend then rose for that purpose: he launched into a panegyric on the renowned statesman whom the nation, had just lost, and drew a just picture of his great qualities and virtues. After summing up his virtues, and shewing that however beneficial they had been to the state, his family had not reaped that advantage from them which they might have received, had he been less disinterested, he moved, "That an humble Address be presented to his Majesty, to return his Majesty the thanks of this House, for his most gracious Answer to their Address of Monday last; and to beseech his Majesty, that he will be graciously pleased to bestow some signal and lasting mark of his royal favour on the family of the late William Pitt, earl of Chatham; and to assure his Majesty, that, whatever he, from his princely goodness, shall think proper to be granted, this House, animated by the gratitude which they, in common with the rest of his Majesty's subjects, feel towards the memory of that upright and disinterested minister, and ambitious of giving a testimony of their approbation to that public virtue and spirited conduct which directed the councils of this country in the last glorious and successful war, will, with the greatest cheerfulness, make good to his Majesty."

Lord Nugent warmly seconded the motion: his lordship was not more sparing of his encomiums on the late earl, than Mr. Townshend had been; and to give a striking proof that, like St. John in Pope's

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