for a perfeverance in thofe meafures, which have already plunged the empire in civil war, distraction, and ruin. That in fuch a state of affairs, and during the prevalence of fuch difpofitions, all ftruggles to oppofe would rather inflame than leffen the diftemper of the public counfels. That as it was not the part of a wife man to ftrive with impoffibilities, fo reither was it confiftent for thofe, who regarded their honeft fame beyond all other things, excepting their principles and honour, to draw upon themselves the odium of their fellow-citizens, by in effectual efforts to ferve them. That they would therefore, preferving their principles ftill unfhaken, referve their. activity for rational endeavours, when the prefent delirium might be fo far allayed, either with the people or with their minifters, as to afford fome room for its operating with advantage.

This example was not, however, followed, nor the conduct approved of, by feveral members of the oppofition. They even loudly blamed this proceeding. They questioned, whether any member could, confiftently with his duty, withdraw himself individually from the bufinefs of parliament, merely from an opinion that he would be outvoted, and that his attendance would therefore be ufelefs. They acknowledged, that a feceffion, collectively in a body, had not only the fanction of precedent, but might be practifed with great advantage, and be productive of much benefit in fuch cafes as the prefent. But for this purpose, they faid, it must be attended

with the following circumstances, In the first place, it must be general, including the whole minority against the measure that provoked the feceffion; and in the next, that it fhould not be a filent act; but that the motives for the feceffion should be proclaimed, either by a remonstrance on the journals, or a public addrefs to the people. Under these circumstances, they faid, that feceffion was not only juftifiable but laudable, and in cafes of imminent danger to the conftitution, might operate as a call to the nation, and awaken the people to a sense of their fituation.

The other and greater part of the minority denied, that any rule, but every man's prudence and opinion of his duty, could be prefcribed on fuch an occafion. That though minority was a term ufed in ordinary speech ; minorities were not corporate bodies, nor bound to act as fuch; nor could any precedents be of avail in matters of that nature. They had no way of compelling unanimity; and nothing but unanimity could make them act in the manner prescribed. The greater number could not decide. difference of opinion appeared, men muft ftand on their character, and their reasons for their conduct.

If a

On this, as on many former occafions, the oppofition difcovered great difunion, and much perfonal and party diflike to each other, to the great ftrengthening of ministry; who, though divided alfo amongst themselves, yet being involved in one official fyftem, and fupported by the crown,

did not fuffer fo much by their difcord. In this fituation, a few of the minority rather increased their

efforts.

Upon the motion and grant in Nov. 8. the committee of fupply, of 45,000 feamen for the fervice of the enfuing year, a gentleman in oppofition, who has long been a fevere cenfor upon the con. daft of our naval affairs, took that opportunity of making fome very pointed and direct charges against the noble Peer at the head of that department. Of thefe, the moft material was, a wilful and dangerous impofition both on parliament and the public, tending to lull the nation, at this critical feafon, into a fatal fecurity, by a falfe reprefentation of the ftate of the navy, both with refpect to the number of feamen, and the condition of the Thips.

This conduct was much cenfured on the other fide, as not only being an attack upon an abfent perion, but upon a perfon, who, from his particular fituation as a Peer, could not at any time be prefent in that Houfe to any charge, nor competent to any defence. At the fame time, his conduct and character were vindicated with great warmth, both by the Minifter, and thofe Lords of the Admiralty who belonged to that Houfe, who afferted, that nothing could afford greater fatisfaction, or redound more to the honour of the noble Peer in question, than a ftrict parliamentary enquiry into every thing relative to the department in which he prefided, when all the charges brought against him would appear founded in error or falfehood, and proceeding from ignorance or malice. But they con6

tended, that, exclufive of the indecency and perfonality of the attack, nothing could be more disorderly or unparliamentary than the introduction of the fubject in fuch a manner, without any accufation being formally before them, which could at all bring it within their cognizance.

Mr. Luttrell, who made the charge, infifted upon his right, as one of the reprefentatives of the people, to make fuch obfervations upon the conduct of Ministers or public officers, however high in rank or ftation, as it appeared to him to merit; that it was no less his right than his duty, when the malverfation, or inability, of thofe entrusted with the management of public affairs became incompatible with its fafety, to use all the means in his power to bring the offenders to justice. As to the objection of a want of formal accufation being before them, he would cure that, as foon as the House was refumed; for if they would allow him the neceffary official documents, which he would then move for, he would fupport his charges in fuch a manner as to give perfect fatisfaction to the Houfe.

He accordingly moved, when the Houfe was refumed, that fundry returns of the navy, which had been received at the Admiralty within certain fpec.fied periods. fhould be laid before them. Thefe documents, he faid, befides affording the proofs which he wanted to establish his charges, and to fupport his fucceeding motion, would answer another purpofe of ftill greater importance, that of letting the Houfe into the true

ftate of our national defence and [D] 2

fecurity.

fecurity. That the plea for withholding thofe papers, from a dread of expofing our weakness to foreigners, was ridiculous, unless it would be contended, that our watchful and clear-fighted enemies had no other means of acquiring a knowledge of our real ftrength, than from the falfe representation of it which was laid before parliament, with the avowed defign of impofition. But even, if that were fwallowed, it could not avail in the prefent inftance, as the weakness acknowledged by refufing the means of enquiry, muft produce every ill confequence that could poffibly attend the most perfect disclosure.

The papers were, however, abfolutely refufed, and the motion rejected without a divifion. The impropriety of fuch an enquiry in a critical fituation like the prefent was ftill strongly infifted on. That whether we were prepared, or unprepared, fuch a difclosure of our naval ftrength or weaknefs, would be extremely impolitic and unfeafonable. That if we were fuperior in force to our enemies, fuch a knowledge might prevent their fpeaking out, and, of courfe, keep us in the dark as to their latent defigns, and their difpofition towards us. If we were otherwise, the impropriety must be ftill greater, as it must encourage them to take an advantage of our defenceless fituation. But in any cafe, they faid, that the bufinefs of government could not be carried on, if fuch peevish enquiries were encouraged. Either change your Minifters, or repofe a proper degree of confidence in them. Let nobody be vain enough to imagine, that the affairs of that flate can be well and fuccefsfully conducted, in

which the hidden arcana of its pe licy are upon every trifling occafion to be expofed to the knowledge of the world. The gentlemen in office afferted, that the navy was never in a more refpectable fituation, nor that department more ably conducted than at prefent. They vindicated the conduct of the abfent Lord with great warmth; and indeed the whole debate, both in the Committee and the Houfe, was carried on with unusual heat and afperity.

The expences of the navy this year, including the ordinary at 400,005 1. and the building and repairing of fhips, which was voted at 465,500l. amounted to no less than 3,205,505 1. — Exclufive of 4,000l. which was afterwards voted to Greenwich hofpital, and without taking any notice of a million, which was granted, towards the clefe of the feffion, to be applied towards the discharge of the debt of the navy.

If the naval expences were thus large, the fupplies for the land fervice, which were voted a few days after without a debate, Nov. 16. were not lefs fo, falling little fhort of three millions, although the extraordinaries of the land fervice for the preceding year, which exceeded the amount of 1,200,000l. with fome new contracts for additional German forces, and the heavy expences of half pay and Chelfea, were not yet provided for.

The fupplies being fo far granted, and no public bufinefs of any moment in the way, an early and long recefs took place, the Houfe adjourning on the day of the public faft, to the zift of the following January.

Dec. 13.

CHAP.

A

Feb. 6. 1777.

Bill for enabling the Admiralty to grant commiffions, or letters of marque and reprifal, as they are ufually called, to the owners or captains of private merchant fhips, authorizing them to take and make prize of all veffels, with their effects, belonging to any of the inhabitants of the thirteen fpecified revolted American colonies, was paffed, without debate or oppofition, in the Houfe of Commons, foon after the recefs. It did not coft much more trouble to the Lords, with whom it only underwent the trifling alteration, of inferting the words letters of permiffion, in the place of letters of marque, the latter being thought only applicable to reprisals on a foreign enemy.

On the fame day, the Minifter moved in the Houfe of Commons, for leave to bring in a bill, to enable his Majesty to fecure and detain perfons charged with, or fufpected of, the crime of high trea fon committed in America, or on the high feas, or the crime of piracy. He prefaced the motion by obferving, that during the pre

fent war in America, many prifoners had been made; who were in the actual commiffion of the crime of high treafon; that there were others guilty of that crime, who might be taken, but who for want of fufficient evidence, could not at prefent be fecurely confined. That it had been cuftomary in cafes of rebellion, or danger of invafion from without, to enable the crown to feize fufpected perfons. That he would not, however, be thought to hint at any prefent neceffity of entrufting minifters with fuch a power in general; the times were happily different from those which called for fuch exertions in their utmost extent; neither rebellion at home, nor foreign war, were at prefent to be apprehended. For thefe reafons, it was not meant to afk the full power, ufually obtained in former cafes of rebellion. as the law ftood at prefent, it was not poffible for government, officially, to apprehend the moft fufpected perfon. Another circumftance which required an immediate remedy was, that the crown had at prefent no means of

[D] 3

But

confining

confining rebel prifoners, or thofe taken in the crime of piracy on the high feas, but in the common gaols; a measure not only inconvenient but impracticable. In the prefent ftate of affairs it was abfolutely neceffary that the crown fhould be enabled to confine prifoners under thofe defcriptions, and to provide for their fecurity, in the fame manner that was practifed with refpect to other prifoners of war, until circumstances might make it advifeable to proceed criminally against them. Such, he faid, were the purposes of the bill.

The bill was accordingly brought in and read on the enfuing day, and a motion made, that it should be read the fecond time on the 10th, which was the following Monday. It now appeared, that the enacting claufe rendered all perfons taken in the act of high treafon, committed in any of the colonies, or on the high feas, or in the act of piracy, or who are or fhall be charged with or fufpected of any of thofe crimes, liable to be committed to any common gaol, or to any other special place of confinement, appointed for that purpofe under his Majefty's fign manual, within any part of his dominions, there to be detained in fafe cuftody, without bail, mainprize, or trial, during the continuance of the law, with á provifion, however, enabling a certain number of the Privy Council to grant an order for admitting fuch perfons to bail or

trial.

Of the few minority members who were prefent, a gentleman of the first eminence in his profeffion, and who, a few years fince, filled

the fecond law office under the crown with the greatest reputation, expreffed the utmost astonishment, that a matter of fuch magnitude and importance, a bill that ftruck directly at that great palladium of the British conftitution, and only fecurity to the rights and liberties of the people, the habeas corpus law, fhould be brought in without proper notice, at a feafon when the Houfe was fo badly attended, and an attempt made to precipitate its paffage in fo extraordinary a manner, as to propofe the fecond reading within three or four days of its being firft heard of. He faid, besides the defect in point of notice, it had been brought in unfairly; as it was totally different from what the Minifter had announced it to be on the preceding day. Nor was it lefs difcordant in its own parts, neither the title nor the preamble affording any idea of the extraordinary matter contained in the enacting claufes. That he was equally fhocked and alarmed, to fee a bill which was to fufpend all the functions of the conftitution brought in under fuch circumftances, and attempted to be fmuggled through a thin house under falfe colours, before the nation could be apprized of its danger, or their conftituents have the fmalleft notice, that they were going to furrender the foundation of all their other rights, and the peculiar characteristic of the Britifh liberty and government. Mr. Dunning, who made these exceptions, feeing the Houfe then going to divide upon the queftion for the fecond reading, which he knew would be carried, moved to have the bill printed, which,