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great injury to every officer now in the service, who was under the rank of colonel. If ten new regiments were to have been raised, it would have been justice to have offered them to the 10 oldest lieutenantcolonels in the army. He would venture to say, that they would any of them not only have gladly embraced the offer of raising regiments on the terms now given to the present gentlemen, but have given several thousand pounds each for the opportunity for the appointment of the officers to a whole regiment now given them, is worth a very large sum of money, if the commissions are sold, and he did not expect many presents would be made. He could make, he said, many more objections, but he had troubled the House too long already; he would only therefore, before he sat down, enter hisprotest against every part of the appointment.

and the rank of general in it; consequently he must have a regiment, or nothing.

Mr. Dunning began with explaining the cenary soldiers were raised, and kept up in common law, as it stood before any mertime of peace, unless such as were obliged to perform certain services arising from the nature of their tenures, and concluded with the Mutiny Act; in the course of which investigation, he proved that there tional or statute law, nor even of usurped was not the most faint colour of constituprerogative, for making levies without the consent, and during the sitting of parlia

ment.

Sir George Yonge was sorry to find, that in Scotch soldiers and Scotch statesmen a greater trust had been put of late years than in English.

Lord Barrington said, after administration had heard of the disaster which happened to the army under general Burgoyne, they turned their thoughts to the devising the most speedy and effectual means for augmenting our forces, preparatory to the next campaign; and an offer having been made by several respectable individuals, without any application on the part of ministers, it was thought prudent to accept of those offers. Manchester, and some other trading towns took an early part, as well as some noblemen and gentlemen from the northern parts of the kingdom; the highlands in particular distinguished itself, where his lordship particularly observed, the women are more fruitful than the soil. He said, there could be no occasion for reminding the House, that several regiments, independent companies, and corps, were raised there the late war, when two great ministers presided in this country. One in this House, and one in the other. That great man, lord Hardwicke, then assisted in the councils of this country, and he highly approved of procuring men from that part of the kingdom; and if a contrary opinion had prevailed, he was satisfied, that our armies could never have been recruited, nor our successes been so great or decisive, if it were not for the great resources drawn from that country. As to the allusion made by the hon. gentleman, of the colonel who had served in Sweden; he pre-fell in the impious attempt. sumed he pointed to Mr. McKenzie, commonly called lord M Cleod, (son to the late lord Cromartie, one of the rebel lords). He had a regiment in the Swedish service,

The Attorney General rested his argudwelt on the subscriptions set on foot in ments on precedents. He particularly 1745; and several others of a similar nature, during the late war. He said, the Bill of Rights law spoke for itself, and was conditional; and the Mutiny Act was regulating, not restrictive. If it was not, it would be the most dangerous law that ever was enacted; for it must be construed so as to tie up the King's hands, let the exigencies of the times, or the necessities of the state be what it may.

consequence of legalizing private donaMr. Fox contended, that the indubitable tions for raising of troops, must certainly justify the maintaining them, on grounds equally cogent; for who could draw a line, or how was it possible to know whether the money was for the purposes it was pretended to be employed? In such king and a bad parliament to lay out the a case, it would be in the power of a bad money thus raised as they might think completed as to he beyond remedy. proper, till the mischief was so effectually

long comparison between Britain and Mr. Van entertained the House with a Rome, America and Carthage, and concluded with asserting, that whatever opposition might be individually without, they were, as a party, rank ideots within doors. He compared some of their leaders to Hannibal, and predicted their fate to be similar to that famous general's, who vowed the destruction of Rome, and who

contributions really voluntary, were legal. The Solicitor General contended, that every merit to the two learned gentlemen, Mr. Byng was always ready to give

who endeavoured to prove the legality of the measure; but when they forgot their profession so far as to attempt to explain away not only the import, but to contradict the letter of an unrepealed act of parliament, their authority, with him, however respectable it might appear to others, was at end. He presumed, after sixteen years experience, but more particularly made visible on the present occasion, it would be no longer doubted, that the people born on the other side of the Tweed had a preference shewn to them, both in civil and military preferment, but more especially in the latter. He observed great zeal had been imputed to those who had subscribed; but he begged leave to differ as to the conclusion. He doubted not the fact, that the subscriptions were carried on with great zeal, but what kind of zeal? A zeal for obtaining favours of various kinds. One gentleman or person of distinction, subscribed in expectation of future notice from the governing powers. Another had a commission in view for a son, a friend, or a dependent. Then, as for the whole tribe of contractors, &c. it might be easily guessed what their zeal proceeded from. If one man subscribes 2004, and by that obtains a company, he will pocket 600l. If a merchant or rich manufacturer subscribes a like sum, and gets in, return a contract, or any other douceur to ten times the amount, then surely it will not be said that he makes an unprofitable bargain. This is the public spirit of the subscription; the real object of which is, a job. He said, if a person was to converse with the gentlemen out out doors, who constitute the present majority, they breathe nothing but sentiments of peace and conciliation; but as soon as ever they are embodied within these walls, they call out for war, coercion, and unconditional submission. He concluded with observing, that all was public spirit in debate; but he did not hear that a single placeman in these times of exigency and public calamity, had given up the emoluments of his place or office, in order to lighten the burdens of his country.

Mr. T. Townshend was severe on the partiality shewn to the Scotch in every thing, and condemned the singular impropriety of calling upon an officer in a foreign service, and contrary to every rule of the profession, putting him over the heads of so deserving a body of men as the lieutenant-colonels of the army, and those gentlemen who bore the rank of [VOL. XIX.]

colonels, but had no regiments; particu larly, when the person thus distinguished, never bore arms in this kingdom, but against the lawful sovereign, and in order to overturn the constitution.

Mr. Henry Dundas told the House, that the officer mentioned to have been brought from the Swedish service, was lord M'Cleod, who was a son of lord Cromartie, who was ordered to be beheaded after the last rebellion; that this young man was also in the rebellion, being only 18 years old; that he had been pardoned, but losing his estate, was obliged to live abroad ever since.

The Committee divided: Ayes 223; Noes 130.

Feb. 5. The Report of the Committee was moved to be brought up.

Mr. Popham opposed the bringing it up, contending, that the manner in which the troops had been raised, was unconstitutional and illegal.

Mr. Turner declared, that his life and fortune should ever be devoted to his Majesty's person and government, because he thought it impossible that a prince of the House of Hanover should ever become hostile to liberty, or violate the laws and constitution in any shape whatever.

Mr. Rous thought the subscriptions illegal, but that the rebellion ought to be quelled by any means whatever; he should therefore vote for the supply of the levies, though raised against law.

Mr. Wallace said, that though it was against law for the King to levy money, yet it was perfectly consonant to law for his Majesty to get money levied for him.

Lord F. Campbell maintained, that the principles of his family were always those of Whiggism; and he thought subscriptions for quelling the American rebellion perfectly consistent with Whiggish principles.

Mr. Moysey declared himself satisfied of the legality of such subscriptions, being, as they were, purely voluntary. He said, that lord Coke's opinion was clearly in their favour, as appears by his reading upon the statute of Richard 3, where he makes the distinction between voluntary and involuntary contributions, in his chapter of Benevolences, which had not been taken notice of. That the commission authorized by the statute of Charles 2, so much relied on by the other side, was compulsory in its nature, as appears by the proceedings under such commissions in the time of Charles 1, and in particular [2 Y]

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by the description given of them by sir John Elliot, in his famous Petition to the king from the Gatehouse in 1626*; that the terms of the Act of the 13th of Charles 2,† prove compulsion, for the words, "supply hereby granted," are irreconcileable to any other construction, and are of themselves decisive of the question; for if the money thereby raised was purely spontaneous on the part of the people, the Commons in parliament, in such case, granted nothing; nor was the King sure of receiving a single farthing under such act of parliament.

Governor Johnstone contended for the illegality of the subscription; expatiated on the injustice the old officers must sustain, by having so many young ones put over their heads; and said that in the

See Vol. 2, p. 208.

†This Act not being amongst the printed Statutes, the following copy thereof, signed by the clerk of the parliaments, was delivered in, and read at the table:

"An Act for a Free and Voluntary Present to his Majesty:

"Wee your Majesties most loyal and obedient subjects, the Lords and Commons in Parliament assembled, taking into consideration your Majesty's great and important occasions for a speedy supply of monies, which can noe waies be so reddyly raised as by a free and voJuntary present to your Majesty from those who are able and willing to aide your Majesty in this suddaine exigency, as a testimony of their affections to your Majesty, and in ease of the poorer sort of your subjects, doe therefore beseech your Majesty, that it may be enacted, and be it enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords and Commons in this present Parliament assembled, and by the authority of the same, that your Majesty may issue out such and so many several commissions under your Majesty's Great Seal of England, into the several counties, cities, towns corporate, and all other places in England and Wales, and town of Berwick upon Tweed, directed to such persons as your Majesty shall think fit, for the receiving of such subscriptions as your Majesty's good subjects shall voluntarily offer for supply of your Majesty's pressing occasions; and likewise to issue such other commissions to such other persons as your Majesty shall think fitt, for collecting and receiving the monies so subscribed, the acquittances of which respective receivers, or of any one of them, are immediately to be made, and given without any fee, upon payment made, and shall be an absolute discharge for the sume so described; and in ease such subscriptions' shall, upon any occaBion, be returned into the court of Exchequer,

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same proportion as the new levies were raised, the recruiting service, as to the old regiments, must be prejudiced. He particularly lamented, that so vast a proportion of these new levies were to be raised in Scotland, because the country must be stripped of its most useful hands for agriculture and commerce.

Lord North contended, that the present subscriptions were no more than had been practised in all times of public emergency, particularly in 1745, and in 1759, in Mr. Pitt's administration, when the new levies were raised by private subscription; and the subscribers, instead of being treated as violators of the law, were publicly and solemnly thanked by the then minister, lord Chatham, and applauded by the public. He averred, that no influence whatever had been used, but that the offers all or any other place, the payment thereof shall be likewise returned together with the same, provided that no process shall issue out of the exchequer against any person so subscribing but within two years next after the passing of this act. And for the better execution of the said service, the said commissioners of the counties, citties, townes corporate, and all other places aforesaid respectively, shall, and are hereby enjoined, with all convenient speed, after the issuing out and receite of the said respective commissions, to meet together at the most usual and common place of meeting, within each of the said countys, cities, towns corporate, and all other places; and the said commissioners, or so many of them as shall be present at the said first general meeting, or the major part of them, may, by them, by their consents and agreements, sever themselves into hundreds, rapes, wapentakes, wardes, and other places within their respective limitts, in such manner and forme as to them shall seeme expedient; and shall likewise, from tyme to tyme, give notice of the respective tymes and places of their meetings; to the end that any persons, bodies politic or corpo rate, may, if they please, resort to them, and make such offers or present to your Majesty as their own hearts shall prompt them to.

"Provided alwaies, that no person, not being a Peere of this realme, shall, in such offer or present to your Majestie, exceed the sume of 2001. nor any Peere of this realme the sume of 400l. Provided also, that no commissions, to be issued out by virtue of this act, shall be of force, or continue, as to the receiving of any monies, or subscriptions for monies, after the feast of St. John the Baptist, which shall be in the year of our Lord 1662. And bee it hereby declared, that no commissions or aides of this nature can be issued out, or levied, but by authority of parliament; that this act, and the supply hereby granted, shall not be drawne into example for the tyme to come.”

came as the spontaneous and generous effusions of love and loyalty to the King, and as a testimony of their zeal to support the legislature of Great Britain against the rebellion in America.

because the more that hon. gentleman abused him, the better he thought of himself; that the effusions of his eloquence were incapable of the guilt of slander; they were, on the contrary, satisfactory and reputable.

The Resolution of the Committee was then agreed to.

litary Employment of the Indians of America, in the present Civil War, from the 1st of March 1774, to the 1st of January 1778."*

Sir W. Meredith replied to lord North, that it was unjust to give any sanction to his own administration, at the expence of the reputation of another; that lord Chatham's conduct, which he represented Debate on Mr. Burke's Motion relative to be the same as his own, was nothing to the Military Employment of Indians in like it; that the subscriptions then were the Civil War with America.] Feb. 6. to raise recruits for old regiments which Mr. Burke moved, "That an humble had suffered in the wars; which had been Address be presented to his Majesty, that raised under the authority of parliament, he will be graciously pleased to give diapproved, voted, and for a long time paid rections, that there be laid before this by parliament: whereas, in the present House, Copies of all Papers that have case, both the money had been levied, passed between any of his Majesty's miand the troops raised, during the sitting nisters, and the generals of his armies in of parliament, without the consent, know- America, or any person acting for governledge, or any communication with parliament in Indian affairs, relative to the Miment whatever; that the precedent for his lordship's conduct might be drawn with more correctness from that of James the 2nd, who, on the duke of Monmouth's landing in the West, had adjourned the Mr. Burke began by observing, that one parliament, for the very purpose of levy- of the grand objects of the enquiry into ing the troops himself, without the inter- the State of the Nation, was the conduct ference of parliament, in order to chuse and quality of the troops employed in such as were most attached to his person, America. That an account of the King's and most likely to serve his purposes. He regular forces, and those of his European then went through the history of all bene- allies, were already before them. That volences, from the reign of Edward the hitherto no account had appeared of his 4th, to the present time; that they had irregular forces, particularly those of his been suppressed by two acts of parliament, savage allies; although great dependance which are now in force, and had been had been placed upon them, and they had treated as unconstitutional always, parti- been obtained at a very great expence. cularly in the reign of James the 1st, That it was necessary to examine into this when the king attempted to raise a sub-point; because an extension of their mode scription in a manner exactly similar to the present; namely, by sending certain of his confidential servants to different parts of the kingdom to raise spontaneous and voluntary subscriptions, unaccompanied with any circumstance of force whatever. Mr. St. John, who was esteemed the best constitutional lawyer in the kingdom, and afterwards lord chief justice, opposed those subscriptions with great vehemence, and declared, that the attempt to get money for the king's use in that way, was a breach of his majesty's coronation oath, and an abetting of perjury, in all those who subscribed.*

Mr. Gascoygne was entering into some personal invective against sir W. Meredith, but the Speaker stopped him, which sir William, in reply, said he was sorry for;

See Howell's State Trials, vol. 2, p. 900.

ef making war had lately been strenuously recommended. The prevailing idea was, that, in the next campaign, the plans hitherto pursued were to be abandoned; and a war of distress and intimidation was

* Strangers were excluded during this debate. Mr. Burke spoke for nearly three hours and a half. Many gave the Speech a preference to any other be had ever spoken. Indeed, this applause was carried to such a pitch, that while one gentleman, in his place, wished it to be printed, and affixed to all the church doors which contained the proclamation for a general fast, a member of great distinction congratulated the ministers upon admitting no strangers on that day into the gallery, as the indignation of the people might have been excited against them to a degree that would have endangered their safety. It is to be regretted, that a full report of this Speech was never preserved. See Annual Register for 1778, p. 110.

to take place of a war of conquest, which was now found to be impracticable.

He said, that this mode of war had already been tried upon a large scale, and that the success which had hitherto attended it would afford the best evidence how far it might be proper to extend it to all our troops, and to all our operations. That if it did not promise to be very decisive as a plan merely military, it could be attended with no collateral advantages, whether considered with respect to our reputation, as a civilized people, or to our policy, in regard to the means of reconciling the minds of the colonies to his Majesty's government.

were accordingly under an inevitable necessity, not only of cultivating their friendship, and forming alliances with them, but of admitting them as parties in their contests and wars with each other; the affairs of both nations were so inextricably entangled with those of the people who had sold or given them lands, and admitted them to a share of their country, that they could not be separated; their contracts on both sides created a mutual interest; and while the savages retained any degree of their original power, they could not be indifferent to the disputes that arose among their new neighbours.

But the case was now totally altered. The English colonists were the only Europeans in North America; and the savages were so entirely reduced in number and power, that there was no occasion for holding any political connection with them as nations. They were now only formidable from their cruelty; and to employ them was merely to be cruel ourselves in their persons: and thus, without even the lure of any essential service, to become chargeable with all the odious and impotent barbarities, which they would inevitably commit, whenever they were called into action.

He then stated what the nature of a war, in which Indians were the actors against a civilized people, was; and observed, that the fault of employing them did not consist in their being of one colour or another; in their using one kind of weapon or another; but in their way of making war; which was so horrible, that it not only shocked the manners of all civilized nations, but far exceeded the ferocity of any other barbarians that have been recorded either by ancient or modern history. He observed, that the Indians in North America had but two principal objects in their wars; the one was the in- Mr. Burke then proceeded to examine dulgence of their native cruelty, by the the arguments or apologies that had been destruction, or, if possible, the extermina- used by ministers, in defence or alleviation tion of their enemies; the other, which of the measure. These he arranged always depended on the former, was the under three heads, the first and principal glory of acquiring the greatest number of of which was contained in the assertion, human scalps, which were hung up and "That if his Majesty had not employed preserved with the greatest care in their them, the rebels would." To this he huts, as perpetual trophies of victory, answered, that no proof whatever had been conquest, and personal prowess. As they given of the Americans having attempted had neither pecuniary emoluments, nor an offensive alliance with any one tribe of those honorary titles or distinctions, which savage Indians. Whereas the imperfect are so flattering in civilized nations, to papers already before the House demonbestow, the rewards of danger and war- strated, that the King's ministers had nefare consisted in human scalps, in human gociated and obtained such alliances from flesh, and the gratifications arising from one end of the continent of America to torturing, mangling, roasting alive by slow the other. That the Americans had fires, and frequently even devouring their actually made a treaty on the footing of captives. Such were the rewards of In-neutrality with the famous Five Nations, dian warriors, and such the horrors of an Indian war.

which the ministers had bribed them to violate, and to act offensively against the He then procceded to shew, that the colonies. That no attempt had been made employment of the savages in the wars in a single instance on the part of the between the French and the English, did King's ministers to procure a neutrality; not in any degree come up to the mea- and, that if the fact had been (what he sure in question, nor did it stand on the denied it to be) that the Americans had same principles. When those nations first actually employed those savages, yet the made settlements in North America, the difference of employing them against Indian tribes were, comparatively, numer-armed and trained soldiers, embodied and ous and powerful states; the new settlers encamped, and employing them against

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