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and fenfe of the nation, which conveyed through them the fulleft approbation of the prefent meafures, and the most perfect confidence in administration, This called up a noble lord in oppofition, who spoke from his own knowledge, of the furreptitious manner in which an addrefs was obtained, and prefented in the name of one of our principal trading and manufacturing cities; that it had been drawn up, and fhamefully fmuggled through by the mere agents, and known creatures of adminiftration, without any previous notice to the citizens; that nine tenths of thofe who had figned it, did not know a fingle fyllable of its contents; that with all the influence, and all the unfair means which were used, only 117 fubfcribers could be procured; but that when a counter addrefs was propofed, which militated with every part of the former, and conveyed truth to the foot of the throne, it was carried fairly and openly through all the ufual forms, and figned by confiderably more than three times the number.

: After long debates, the queftion upon the amendment being put about 1 o'clock at night, it was rejected upon a divifion by a majority of 40, the numbers being 69, to 29, the original motion for the addrefs was then carried by a majority of 76 (including 10 proxies) to 33 who oppofed the queftion. Two bifhops were in the minority on this divifion.

The addrefs was productive of a proteft figned by nineteen lords, in which they combat the civil war, as unjuft and impolitic in its principles, dangerous in its contingent, and fatal in its final con

fequences. After condemning the injuftice and imprudence of our conduct, in rejecting the American petitions and applications for a reconciliation, with the indecency and folly of affecting to difbelieve their loyalty, when they exprefs it in the warmeft profeffions, and expatiating upon the known and the probable evils of the con teft, they defcribe the abfurdity of refusing to give credit to the declarations of our fellow-fubjects, and blindly confiding in the infidious profeffions of the natural enemies of this country, thereby, it is to be dreaded, preparing an eafy prey for thofe who prudently fit quiet, beholding British forces, which, if united, might carry terror into the heart of their dominions, destroying each other. Thus, every event, which-ever way it turns, is a victory to them, very hofpitals furnith them with daily triumphs; the greater, as they are certain, without any rifque to them of men or money.

Our

They cenfured the calling in of foreign forces to decide domeftic quarrels, as difgraceful and daugerous; and reprobated in the ftrongest terms the late measure of employing the Hanoverians, at the mere pleasure of the minitters, by which they appear to be confidered as a part of the British military eftablishment, to take a rotation of garrifon duties through thefe dominions. They fum up, and conclude the protest by declaring, "we cannot therefore confent to an addrefs, which may deceive his majesty, and the public, into a belief of the confidence of this house in the prefent minifters, who have deceived parliament, difgraced the nation, loft

the

fiable grounds, wantonly spilling the blood of thoufands of our fel, low-fubjects.

the colonies, and involved us in a civil war against our cleareft interefts; and upon the most unjufti.

CHA P.

V.

Duke of Manchester's motion relative to the Hanoveriam troops. Debates. Previous queftion carried by a great majority. Similar motion by Sir James Lowther in the House of Commons. Debates. Previous question put and carried. Debates on the Militia Bill, Army climates. Motion for returns rejected. 28,000 feamen voted. Motion for an address on American affairs rejected. 55,000 men voted for the land fervice.

T

HE meafure of fending the Hanoverian troops to occupy our Mediterranean garrifons, was not an object of lefs cenfure or jealoufy in the House of Lords, than we have already feen it in that of the Commons. Soon after Nov. 1ft. the delivery of the addrefs, the Duke of Manchester moved for a refolution, "That bringing into any part of the dominions of Great Britain, the electoral troops of his Majefty, or any other foreign troops, with out the previous confent of parliament, is dangerous and unconftitutional." The noble mover added an explanation, that by the term unconstitutional, he meant that it was against law.

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In the introduction and fupport of this motion, the fpeech again underwent much fevere cenfure, as breathing fentiments which indluded higher ideas of prerogative, than any other that had been delivered in that place fince the Revolution; and, as containing flights of that council, neglect of parliament, and indifference of their approbation. The measure in question was faid to have inflicted a moft dangerous wound in the conflitution, which, if not speedily

healed, would gangrene and extend, in fuch a manner as to mortify the whole. That however innocuous it might feem in its first operation, the example and precedent were of the moft alarming nature, and might produce the most fatal confequences. That it was totally fubverfive of the great charter and fecurity of English liberties, the Bill of Rights. They were requefted to confider the importance of the fubject, and it was averred to be of as much confequence to the liberties of this coun→ try, as America had been to its wealth and powers that in this feafon of calamity, when half the empire was too probably loft for ever, they were bound by all the ties of intereft, duty, and love to their country, to watch ftrictly over the liberties of the remainder, that fomething might ftill be left, worth preferving, worth contending for.

That it would be too much, to be at once ftripped of wealth, power, the fecurities af forded by our conftitution, and all the peculiar characteristics which diftinguished us from other nations.

Among other objections, it was contended, that the Hanoverians

would

would not be under the controul of any military law in thofe garrifons; that the mutiny act did not reach them, being confined to thofe troops only, who were therein fpecified, or voted by parliament; that it would not be pretended, that they carried their own laws along with them; when there, they muft to all intents and purposes be fubject to thofe of England; thus all military fubordination would be at an end the moment of their arrival; and an action at common law would lie against their officers, for any punishment which they inflicted. It was faid, that the putting foreigners in poffeffion of those great barriers of our commerce and maritime power, was alfo exceptionable in point of fecurity. The trust was of too great a magnitude to be repofed in aliens, who had no intereft in its prefervation. Upon the whole it was concluded, and infifted upon, that the King had no right to maintain, in any part of the dominions of the British crown, any troops, other than are confented to by parliament, both as to number and to nation.

The Lords in adminiftration, avowed and juftified the measure. They denied its offending either against the letter or the fpirit of the Bill of Rights. The claufe which was fuppofed to affect this measure, muft be taken with the conditions which were annexed to it, and could extend no farther; one of these related to the bringing troops" within the kingdom," and another fpecific, "in time of peace;" nothing can be more demonftrable evidence, than that the troops in queftion are not within the kingdom; and it is not to be

prefumed, that any body will fay we are at prefent in a state of peace and tranquillity. It would be abfurd to fuppofe, that the words, " within the kingdom," included all its dependencies; but if such a latitude were even admitted, and received as a fiction of policy, ftill, the rebellion in America, the exiftence of which could not be dif puted, would justify the measure, even upon the principles of that bill.

That the King had been at all times competent to raise or keep an army in time of war or rebellion, in any part of his dominions; that this competence was rather confirmed than leffened by the Bill of Rights; that the bill made no diftinction between an army of natives and foreigners; that this was no novel doctrine, but had been repeatedly brought into practice fince the Revolution, in times when the rights of the people were as fully understood, and their prefervation as carefully attended to as at prefent; and that foreigners had not only been hired, but brought into the kingdom, without the previous confent of parliament. They, however, contended, that were all the ftrong ground given up, ftill the Bill of Rights being retrospective and declaratory, could bear no view to poffeffions which were not at that time in the crown. The expediency of the measure, and the neceffity of its being timely adopted, were alfo infifted upon; and it was much argued that fuch a cenfure would thew a fhameful diftruft of the crown, at a time when it could not be juftified with the fmalleft appearance of reason.

To these and other arguments in the

Upon thefe, or fimiNov. 3d. lar grounds, Sir James Lowther made a motion, That the introducing the Hanoverian troops into any part of the dominions belonging to the crown of Great Britain, without the confent of parliament first had and obtained, is contrary to law. The minifter, to guard against the effects of this motion, and to detach the country gentlemen entirely from it, had his bill of indemnity framed with great difpatch, and brought in upon that very morning.

As this motion went directly home to the queftion of law, the charge in that refpect was ftrongly fupported, and befides the general illegalities which we have already feen attributed to the measure in queftion, whether with refpect to the general law of the realm, or the Bill of Rights in particular, it was now affirmed to be directly contrary to that claufe in the Act of Settlement, which fpecially enacts, That no perfon born out of the kingdoms of England, Scotland, or Ireland, or the dominiOns thereto belonging, (although be be naturalized, or made a denizen,) except fuch as are born of English parents, fhall be capable to enjoy any office, or place of truft, civil or military.

The application of a claufe which left fo little room for doubt or mistake, was not difficult. It was afked, whether the poffeffion of Gibraltar and Minorca, were not military trufts of the higheft nature? Whether the crown could legally commit thefe trufts to the officers of France or Spain? Was there any diftinction in point of law, which rendered it more legal to commit the keys of the empire VOL. XIX.

to the cuftody of Hanoverians than Spaniards? The troops of Hanover are as diftinct from the troops of this country, as thofe of Ruffia. The King of Great Britain is alfo as diftinct from the Elector of Ha nover in every political point of view, as he is from the remoteft fovereign in Chriftendom.

Several paffages in the Bill of Rights, and Annual Mutiny A&t, were applied in further proof of the charge of illegality.

On the other fide, the ground of legality, with refpect to the laws which had paffed in confequence of the Revolution, not being found tenable, was quitted, and new taken. One of the law officers, and fome other gentlemen on the fame fide, advanced and infifted, that it was an indisputable prerogative inherent in the crown, to protect the public, which could not be done but by arms. That parliament had no means of controuling this prerogative, and preventing any mifchievous confequences, but by withholding the fupplies which were neceffary for the fupport of armies. That this prerogative was coeval with the inherent right in the crown of making peace and war, which would not only be nugatory, but an abfolute mockery without it; and that it was fupported by uninterrupted ufage, the conftant exercife of the right, from the earlieft period of our monarchy to the Revolution. That the Bill of Rights created no new law; it only af ferted ancient ufage, by way of declaration; confequently, inftead of militating with this inherent prerogative, it confirms it, if that were wanting; as whatever then appeared to be the ancient ufage, [F]

muft

muft ftill continue to be the law. It damns and reprobates fuch armies, and in fuch circumftances, as could not be juftified by fuch uniform unqueftioned ufage; but no others; and whilft it fecures the conftitution, it does not weaken the defence of the kingdom. What was the militia, before the new regulation? It was an army, the command of which was unquefti onably and folely in the crown, and fo declared to be by aft of parliament.

That, if there could be any difference of opinion with respect to the prerogative, in the extent now laid down, ftill there could not be a colour of objection, with regard to the measure now attempted to be cenfured; for, however the general right of the crown might be difputed, the particular right of placing garrifons in the King's fortreffes, whether within or without the realm, had never been queftioned, even in times of the greatest popular licentioufnefs. In fupport of this pofition, inftances were given of the garrifon kept in Calais for above two hundred years, and of that at Tangier, during the greater part of the reign of Charles the Second, in neither of which, was parliament ever confulted, or did it ever pretend to interfere: at home, the inftances were more numerous, and in the fame predicament; for which the garrifons formerly maintained, in Newcastle, Berwick, Portsmouth, the Marches, and Cinque Ports, were brought in proof. All danger from fuch garrifons to the conftitution is guarded by the clear line that is drawn. For the moment the troops quit the garrison towns, or are kept up in any other manner than bona fide

I

for that garrifon ufe, they become illegal; and thofe who thus keep up or employ them, are answerable with their heads for the abufe.

Thefe arguments, instead of fatisfying the oppofition, gave them new ground of complaint. They denied the legal force of any ufage contrary to the established principles of the conftitution. Otherwise all ancient arbitrary proceedings, for which there were but too many precedents, would become foundations for our laws. They said, that the ancient armies of the crown, were compofed of those who ferved by virtue of their tenure, for a limited time, and for particular fervices; to which the King was intitled in common with the inferior Lords, in right of property and tenure. That from the abolition of the military tenures, the crown had no conftitutional military force whatever, except what was granted by parliament. That an army was a thing totally different from the occafional call on the fubject for his own defence against an actual invafion. The legal power of the crown, however, with regard to the militia, was by no means clear, until an act was formed for that purpose, though there was no doubt made as to the fupreme command, whenever it was legally called forth and acted. That the ancient garrifons were by tenures and caftle guard as other fervices were, and did no way resemble regular troops. They laughed at what they called the new diftinction of garrifons, which might legally form a military chain about the extremities of the kingdom, and were to be held there by words. If any army could be kept there by prerogative, they

would

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