chief and confufion; and thereby precipitate the impending ruin of this country.

In this debate, a gentleman in oppofition moved for a claufe of amendment, That nothing fhould be deemed piracy within the true meaning and legal conftruction of the act, but acts of felony committed on the fhips or goods of the fubject on the high feas. This amendment was the more particularly contended for, as by fome of the former ftatutes of piracy, the trading or correfponding with pirates was ordained to be felony without the benefit of clergy; and it was apprehended, that perfons who had innocently traded with the Americans, might, by conftruction of law, and coupling their meaning with the prefent bill, have been fubjected to the penalties of thefe ftatutes. The ftatute 8 George I. chap. 24. was accordingly called for and read, to fhew that the ground of jealoufy was fairly ftated, and the inference clearly made out.

The first appearance of a difpofition to relax in any degree with refpect to the bill, or to affent to the juftice of any objections that were made to it, was upon this occafion fhewn by the minifter. He difclaimed for himself, and for the framers and fupporters of the bill in general, every intention of wrong, oppreffion, and injuftice, and the fmallest defign of extending its operation beyond its avowed object, and therefore agreed to the amendment with the utmoft cheerfulness, hoping thereby to remove every poffible ground of jealoufy.

This fuccefs, and the appearance of flexibility which attended

it, encouraged the framer of the amendment to propofe another of fill more general importance, tending to remove the great objects of alarm and contention, the general power of commitment, and the operation of the bill in this country. For this purpofe he moved, That no perfon fhall be fecured or detained, under, or by virtue of this act, for high treafon, or fufpicion of high treafon, unlefs fuch perfon fhall be charged to have been locally refident in his Majefty's faid colonies and plantations in North America, at the time he fhall be charged with, or fufpected of committing high treafon.

Befides fuch of thofe arguments which we have already ftated, as applied particularly to the fubject of the motion, it was further fupported on the following grounds. That the power of general commitment had a moft dark and dangerous afpect. That as the bill stood at prefent, every man in the kingdom was liable to be deprived of his liberty under the pretence of treafon committed in America, although he had never been out of his own county or parish. That it was abfurd and prepofterous to continue the bill under its prefent title, which related to America only, when by conftruction of law it was meant to include Great-Britain.

That in reafon and fact, a perfon never out of England, could not be guilty of high treafon committed in America; if not, but that it is fuppofed he may be guilty of that crime in this country, why not hold that language in the bill, and add to the title, the words or in Great-Britain ?" And they contended, that the minifters could not do lefs in con

formity

the words, "Out of the realm," inferted in their room; and that the following words, "Or of which they shall be fufpected," fhould be added to, and conclude the original claufe.

If this amendment did not afford all that was wifhed, the acceptance of the claufe, even in its prefent form, was, however, an object of great confequence with the minority, who now confidered the bill as having nearly loft two of its moft dangerous fangs; the laft, though not entirely drawn, being now tolera bly blunted. But this conceffion was far from being pleafing to that part of the majority, who had at all times been eager in the pursuit of the most violent measures againft America, and who were alfo fuppofed, to be much difpofed to the fupport or establishment of a ftrong government at home.

Whilft fome of the gentlemen under this defcription were reprobating the claufe, and contending that the bill, even in its original ftate, did not convey all the powers, with which it was neceffary to arm the crown in the prefent fituation of affairs, they discovered, to their unfpeakable aftonishment, that the minifter had totally changed his tone upon that fubject. He now exculpated himfelf in particular, and administration in general, from every intention of establishing any unconftitutional precedents, or of feeking or wishing any powers to be entrusted either to the crown or to themfelves, which were capable of being employed to bad or opVol. XX. 1777.

and whilft he expreffed his concern for the jealoufy excited by any ambiguity that appeared in the bill, hoped that the prefent amended claufe would afford full fatisfaction to the gentlemen on the other fide, of the houfe, and that the law would now meet with the approbation of all parties.

This unexpected conduct caufed great diffatisfaction on his own fide. Thofe who had been the avowed fupporters of the bill, thought themselves particularly ill treated. They were engaged in a very unpopular, and what might have turned out a very odious bufinefs, and after they had worked through it with unusual toil, and encountered no small fhare of obloquy by the way, they were deferted at the very inftant of completion, and that in fuch a manner, as feemed calculated merely to difgrace the whole measure, to confirm all the charges and furmifes of their adverfaries, and to fix all the odium upon them.

It was, however, obferved before, that the court parties were far from being united; that adminiftration did not draw kindly together; that the crown lawyers did not agree; thefe circumftances occafioned the humorous obfervation of a gentleman in the [E]

mino

minority, that administration were as much at variance, as the title, preamble, and body of the bill.

Though the amended clause was much oppofed in debate, it was, however, at length received without a divifion. The minority could not now conceal their joy and triumph. A gentleman eminent for his eloquence and abilities, felicitated the house and the nation, on the escape they had from, at least a temporary ftate of tyranny, and which was perhaps intended, in good time, to have been rendered perpetual. He congratulated the minority, who notwithstanding their weaknefs in number, had accomplished that happy event, by their correction of fo reprehenfible and dangerous a bill; though a minority, the minifters were not only convinced, but afhamed, and had accepted of their alteration. The noble Lord at the head of affairs, he said, was obliged to the minority alone, for digefting,

altering, and correcting his bill; neither he nor the nation, owed any obligation to his numerous friends the majority, who were ready to fwallow it, with all its original crudities, errors, injustice, and cruelty.

Their gaining this favourite point, did not prevent their ftill continuing to combat, though more faintly, the principle of the bill, and carrying their oppofi. tion, after a long and late debate, to a divifion upon the queftion of the third reading, which was carried against them by a majority of 112 to 35. The main queftion being then put, that the bill do pafs, it was carried with. out a divifion.

The bill paffed the Lords without debate or amendment; the minority peers having fo generally abfented themfelves from that houfe, that the Earl of Abingdon found himself alone in entering a protest against it.

CHAP.