be put on the clause, and if negatived, then its friends would be just as they were willing to be; they would be at liberty to try their numbers on the third reading. Mr. T. Townshend denied the conclusions drawn by the learned gentleman. He said, the gentlemen on this side of the House might disapprove of the Bill, the clause, and amendment; and yet wish, if the Bill must pass, to have the rigour of it qualified, and rendered less mischievous. He could easily conceive, that a person might disapprove of a Bill, or think it unnecessary; that a clause might be moved to take the sting out of it; that an amendment might be moved to that clause, which considerably abated its value; and yet, if by the strength of numbers he foresaw the Bill would pass, he might be against the amendment and the Bill, and still wish and vote for retaining the clause, though, on the ultimate question, he was pre-determined to give a negative to the third reading. Such was precisely the predicament he stood in himself, and supposed that many of his friends stood in the same; consequently he could neither adopt the reasoning nor deduction of the learned gentleman. The Earl of Coventry asked, whether it was intended, that without proof positively made, of a person being out of the realm, he would be liable to be apprehended on suspicion, and committed to prison during the operation of this Act; or whether the party charged on suspicion may not, before commitment, be at liberty to exhibit proofs before a magistrate of his innocence, or of his being within the realm at the time laid in the information, or grounds of suspicion. The Earl of Suffolk said, it was not the design of the framers of the Bill to punish any innocent person whatever; that it was brought in as a measure of government to punish the guilty; that, however, it would be very impolitic, in his opinion, to permit the friends and abettors of the rebellion in America to be at large, and at liberty to do mischief, without a possibility of preventing it. If the Bill now read would admit of any such construction, for his part, he would be one of the first for supplying that defect. He supposed the grounds of suspicion necessary to apprehend, were meant to be such, as would apparently and equitably justify such apprehension, and no other. He was cer tion; and he was also certain, no other power was sought, but what might be supported on necessity, blended and tempered with justice. Sir George Savile expressed the plea-tain, such was the intention of administrasure he enjoyed on what, all circumstances considered, he deemed a victory over some who would wish to establish a species of dominion in this country, more oppressive than what was endured by the subjects of any despotic country in Europe. He assigned his reasons why he thought so, and sat down with declaring, that he should give his negative against the third reading of the Bill. The Lord Chancellor, to the question put by the noble earl who spoke first, said, to be sure if proper facts were authenticated before the magistrate, to prove the innocence of the person charged or suspected, it would be a good cause not to commit. Law and justice required such an interpretation. It would, in his opinion, be competent to the magistrate, to enquire into, and decide on the proofs, on either hand; and he recollected, he was one among a majority of his brethren, who determined in favour of the power of the magistrate to examine into and determine upon the degree of credibility the charge on ground of suspicion may be entitled to. The Bill was then committed. government, so inimical to civil liberty, so | repugnant to the first and fundamental principles of the constitution, so ruinous in its measures, so shocking to humanity, and so averse from that now exploded virtue of universal benevolence; but, because I see herein that system coming home to ourselves, and with hasty steps pointing its dangers even towards the heart of the kingdom. "2dly, Because the Bill itself is attended with powers subversive of and unknown to the laws of the land, by apprehending persons, it may be, on groundless suspicion; by imprisoning, perhaps, the innocent without the usual and necessary form of a single oath, and not too in the common gaol of the country, but in whatever part of the realm, be it ever so distant, that persecution shall think fit to adopt. 66 3dly, Because, although the ryder which has been added by the other House does in some degree abate the rigour of this harsh and alarming Bill, yet it does not sufficiently provide for the security of his Majesty's loyal subjects, the inhabitants of the West India islands falling under its baneful operation; nay, even any individual of this country who shall venture on the high seas, if only to make the tour of the Hebrides, may become the object of suspicion, and the victim of vengeance. Lastly, Because the hour is come, if from motives of policy only, that coercion to lenity should give way. ABINGDON." Debate in the Commons on the Army Extraordinaries.] Feb. 21. On the order of the day, to go into a Committee of Supply, it was moved, "That the extraordinary services, incurred and paid by Mr. Rigby; also that an account of the distribution of 970,000l. and likewise the investment of 799,973l. 18s. 5d. in the purchase of Spanish and Portugal coin, for the use of his Majesty's forces in America, be referred to the said committee." Lord Newhaven said, he had examined several items in the account with all possible attention; yet there were some of them that, in his opinion, called for explanation. He had no doubt that the money had been faithfully and properly applied, and that the Treasury board made their contracts on the best terms in their power. He was satisfied, on the other hand, that contractors were equally industrious, to make as ample profits as they possibly could. It was the business, there fore, of parliament to examine into the nature of them, and to see that neither the nation nor the treasury, nor any other official boards, were imposed upon. On this ground he could not help entertaining doubts, there being many items in the account he did not comprehend. His lordship then enumerated several of the articles which created his doubts, and the nature and extent of several of the charges, of which he professed his ignorance: those related to the purchase of baggage-horses, remittances, the expenditure of the monies disbursed by virtue of the vote of credit; and the general uncertainty which overspread the face of the estimates, taken together, on account of the committee not being able to distinguish and ascertain what had been issued under the authority of the vote of credit, from the several species of expenditure particularized in the items now under consideration. Lord North said, the Treasury had made their contracts with the utmost frugality; that the charge for horses happened quite in the common course of business, and was adopted from motives of œconomy; they were collected from the several regiments of cavalry on the British establishment, and were regularly valued: the valuation was 16. per horse, which was the price for which they were recruited; and they came cheaper considerably than any others that could be procured to answer the end of baggage horses. Lord Barrington said, he had been in the War-office for 17 years, and never heard a single complaint of any impropriety in the conduct of that board; that he presumed the horses were wanted im mediately, and he was satisfied they could not be procured in any other manner, on so low terms and so expeditiously. Col. Barré said, there were many articles in the account which he wished to have explained, as the sums were immense. They were the representatives of the people, or they had no right to sit in that House. They were sent there by their constituents, to be a controul on the executive power, and a check upon ministers. It was their peculiar province to enquire into the expenditure of the public money. Ministers were responsible; their duty required that they should give the House every satisfaction in their power. He then pointed to a number of articles, which he said were shameful; the very charge of surgeons' mates was increased from three to nine for each regiment. some of them indifferent, as was always the case. They were sent in haste, and inconveniencies of course happened; but every complaint of the latter kind would now be at an end. Administration had contracted to have them of the best kind, and delivered on the spot in the best condition; therefore, if they should turn out damaged, or unmerchantable, the loss would fall on the contractors, not on government. As to the transport service, it was executed well, and the contracts made on the best possible terms. The hon. gentleman was mistaken in the price of freight, for the highest price paid was no more than 12s. 6d. and the current price, before the breaking out of the war, was 10s. per ton. This He dwelt a considerable time on the sum of 44,000l. issued to col. Fawcit, unaccompanied by any explanation. He spoke of the unwholesome provisions sent from Great Britain and Ireland, and the sickness and mortality they had occasioned among the troops, both in New York and Canada; and of the bad flour which had been first imported from America, and then exported thither at a most exorbitant price. This flour would not bear a second voyage, nor was it of a quality to be used, even on its first importation from America, except in seasons of dearth and necessity; the corn and flour factors in general being of opinion, that the grain was of such a nature as not to bear the sea-carriage without heating, and in some measure spoil-rise originated from two causes: first, the ing; so that the health of the troops was sacrificed to the emolument of the contractors, who being paid the very best price, served the army with this species of flour, that the English bakers would not purchase, and thereby gained a double if not a treble profit. As to the flesh provisions exported from Ireland, he was an eye witness of that himself, when in that kingdom last summer, where, in the very heat of the dog-days, he saw a great number of droves of hogs, going to slaughter, killed, immediately salted, and packed up for the use of the army in America. He was curious enough to enquire of the coopers, if provisions thus prepared would keep? He was answered, certainly not; they might keep for the voyage; but if not opened, and consumed immediately on their arrival, they would be good for nothing; and even in that event they would be barely eatable. He said, the transport service was an immense article, and was higher, by nearly one half, than was ever known. The freight Lord Barrington replied to the article had been usually 9s. per ton, and now it respecting the surgeons' mates, that an adwas raised to the monstrous price of four-ditional number was always allowed to the teen or fifteen. Lord North replied, that the article, of which the hon. gentleman so loudly complained, was 44,000l. paid for levy money, which administration did not, he confessed, expect would be demanded, because it was not mentioned in the treaty. The landgrave of Hesse quoted the treaty of 1755 as a precedent; that treaty was understood to be the basis of the present; consequently, the good faith subsisting between both parties, compelled administration to accede to the justice of the claim. He said, some of the provisions exported were as good as could be wished for, and * increased demand; secondly, the great expence the transport contractors were put to, in arming and fitting out their vessels, so as to be in a state of defence against the American privateers. And though the advanced freight might amount to a very great sum, when it was considered, that the events of the war solely depended on the double operation of a safe conveyance, in respect of supplying our army with military stores and provisions of all kinds, and our preventing them from falling into the hands of the rebels, no gentleman would disapprove of any increase of expenditure, which was intended to secure so desirable a purpose. As a proof how well the high freight was laid out, he could inform the committee, that out of 202 transports and victuallers sent to America, only three had fallen into the hands of the rebels; and one of them was thought to have been lost, by the captain permitting himself to be surprised; but that affair would be enquired into. regiments quartered in the West Indies; and the number was still further increased, in proportion to the manner the troops were quartered; if cantoned in single companies, each company would most undoubtedly require a mate. Colonel Barré, speaking upon the rum contracts, observed, the contracts for rum were at 3s. 6d. and 5s. 3d. per gallon, which was a most unheard of and exorbitant price; when it was well known, that good rums could be delivered at the keys in London from 2s. to 3s. per gallon, independent of the duty. In other places, the sum total was charged, without speci fying the number of gallons, which left | equitable construction, flowing from these the price at large; it might be 10s. instead premises, was, that the Landgrave of of Ss. or 5s. per gallon. Contracting was Hesse had a double subsidy, and other a special good trade now-a-days. It was advantages by the latter, that he had not a rich manure, and daily gaining ground. by the former; he was bound therefore to Contractors were known to be animals of abide by either one or the other. Take a greedy nature, always craving and never the treaty of 1755, with all its benefits; satisfied; their appetites for dishonest lucre or relinquish every claim under it. Let and foul gain, were as insatiable as their his serene highness have, in God's name, consciences were easily satisfied, and their his option of the levy-money, or the double minds in all points respecting their mer- subsidy; but to give him both, so directly cantile or parliamentary conduct, readily contrary to the letter as well as spirit of made up. the treaty of 1775, was an abuse of parliaLord North said, the price of Jamaica mentary trust and ministerial duty, hitherrum on the spot was 4s. 4d. per gallon, to unprecedented, in the annals of miniswhich with freight, insurance, and ullage, terial temerity and peculation. The colonel left little or no profit for the contractor; sat down, with observing, that even within it ought to be taken into the estimate of his own memory, such a gross malversation the probable risk and profits, that the in office would have been severely animadcontractors engaged to deliver the rum inverted upon by a majority of that House, whatever part of America it might be and that no plea, but incapacity or ignowanting. As to the spread-manure of con-rance, would be sufficient to deprecate its tracts his lordship observed, that con- just resentments, against so daring and tracts were not confined to the members wanton a breach of public trust, of that House. A gentleman had said, The motions were agreed to. the other day, that giving a contract to any person, but a member of that House, was a breach of privilege. He supposed the hon. gentleman meant a display of wit, rather than any thing serious. If, however, it was intended, as a general insinuation, that none but members had contracts, he begged leave to set the gentleman right, and to inform him, that the contrary was the fact. He did not know any custom, usage, or law of parliament that made it so; and he was certain, that contracts were given indiscriminately to such as were most likely to execute them well, without any consideration, whether they had or had not a seat in parliament. Some bread, he allowed, proved bad; but those were accidents it was impossible to provide against. Colonel Barré said, when the treaty was made with Hesse, why was it not known that levy-money must be paid, and why was it not accordingly mentioned in the treaty? It had every appearance of the grossest imposition. He observed on the general justification now set up, that if the treasury board consisted of the vilest and most profligate characters that ever disgraced mankind, they would in their own defence plead, that they had disposed of the public money in the most frugal and faithful manner. Besides, if the treaty of 1755 was to govern the present, it ought to prevail as a rule throughout. If not, but that many advantageous terms were introduced into the treaty of 1775, the fair Debate in the Commons on Captain Blair's Petition respecting the Capture of a Vessel by the Spanish Guarda Costas.] Feb. 25. Governor Johnstone said: I have in my hand a petition from captain Blair, in behalf of himself and Dr. Charles Irving, complaining of a violent outrage committed by two Spanish guarda-costas, holding commissions from the king of Spain, in the capture of the ship Morning Star, the property of the petitioners, as she lay at anchor, with English colours displayed, in the road before Black River, the principal British settlement on the Musquito shore. As I believe from something 1 have heard since a noble lord (North) has entered the House, whose fiat generally determines the vote, that I shall not be permitted to bring this petition up, I shall therefore take the liberty of stating the contents and the circumstances more at large than I should otherwise have done in this stage of the business, that the world may judge between the conduct of those who offer this petition, and of such representatives of the people as refuse even to hear the complaints of injured subjects, or to enquire into the circumstances of national insult and disgrace. Before I state the particulars of this transaction, it is necessary for me to inform the House, that they are not now called on to enquire into a case where the least infraction of any of the laws for car. Debate on Capt. Blair's Petition respecting the [60 rying on commerce in the Spanish domi- | shore, chiefly with a view of expressing nions, can be alleged. I freely confess vegetable oils out of the various oleagethat the impolitic laws of Spain, respecting nous productions of that country, fit for the commerce of her colonies, is such, by the wool-combing and other purposes in making the temptation of profit so much the woollen manufactory here. greater than the risk of seizure, that the adventurous spirit of our countrymen has been frequently called forth to force a trade upon those coasts, and even encouraged by the officers of our government, below the dignity of a great nation. These adventurers are much diminished of late they were formerly known by the name of Buccaniers: like most other illegal traders, with great risks and great profits; they were of a very desperate cast, and frequently irregular in their conduct, so that enquiries into their complaints demanded more than ordinary circumspection. But I beg the House will not from thence be induced to believe from private whispers or false insinuation, that there was the least degree of illegal commerce or unbecoming behaviour on the part of captain Blair or Dr. Irving, or any of their people, intermixed with this complaint; they are both men of irreproach able character, and of enlarged understanding, well known to many of the members of this House. The matter is truly and without evasion, an issue joined between Spain and Great Britain, to the right of settling on the Musquito shore, which the Spanish court seem determined to support by overt acts of force and violence, rather than submit to a civilized discussion by the law of nations, of which insulting disposition, in the court of Spain, these worthy gentlemen, the petitioners, are likely to be the unhappy victims. It was with no hostile intentions, Sir; it was with no views of illegal commerce, that these gentlemen embarked themselves and their property, on the project of a settlement on the Musquito shore; it was to cultivate the generous arts of peace, and diffuse their benign influence through that rude and waste part of the world. This project they undertook, not only by the encouragement, but in some measure at the desire of government. In 1775, a more regular form of government having been established on the Musquito shore, by the appointment of a legislative council, Dr. Irving and captain Blair, were induced by this act of authority, together with the encouragement they received from the earl of Dartmouth, to embark between 5 and 6,000l. in the adventure of making a settlement on the Musquito The next object (the petitioners being both excellent chymists as well as intelligent botanists) was the improvement and cultivation of the different dyes, already known in that country, with a reasonable hope of further discoveries by men so attentive and intelligent on this subject. A third point was the culture of cotton in a climate so favourable, where land is so cheap, and which is besides so well calcu lated in the process of preparing for the native indolence of the inhabitants, in their first progress towards more active industry. These were the objects of this expedition, and to show how much they were approved by authority, lord Dartmouth, then first lord commissioner of trade and plantation, and secretary of state for the colonies, actually undertook, in case Mr. Blair and Dr. Irving succeeded in their views, respecting the vegetable oil, that it would be moved in parliament, to make an alteration in the duties in that respect. A project like this may raise ridicule from men born to opulent fortunes, who have never had occasion to consider, beyond their own estates, the various incitements which God has established for spreading improvements throughout the world. But to those who are able to trace the efficacy of Providence through different works, and know the numberless discoveries that have been made in the arts and sciences under such enthusiasm, who feel the spirit that sent Columbus to the west, and Gama to the east, will revere men of that turn of mind. It would appear that this arrangement of the legislative council, coupled to the circumstances of men of genius settling under it, had roused the natural jealousy of the court of Spain, and had determined the councils of that nation to counteract the measure by actual force, for after all the trouble of collecting materials for such an establishment, after the fatigues of so long a passage, before half the utensils were landed out of the vessel, she was, in open day, boarded, seized, and carried off, in sight of the King's house, and all the inhabitants of the place, by the Pacifico of twelve guns, commanded by Don John Castello, and the Recorso of fourteen guns, commanded by Don Antonio Yepe, by whom the unhappy mariners were tied together and made cap |