mills at Waltham-abbey. a project according to Mr. Sheridan in the higheft degree abfurd and impolitic, tending to annihilate the manufacture of gunpowder, and fubftituting in its room an unfair monopoly in the hands of government only. Every pound of powder thus obtained coft government four times the price, for which they could purchase it from private manufacturers. A

third fubject related to the fortifications carrying on at Cumberland Fort. In animadverting upon this fubject Mr. Sheridan declared, that he almost repented the vote he had given against the duke of Richmond's fortifications two years before, because he had every reason to believe it would ultimately be adopted; and he had much rather the house should openly and knowingly have formed a bad precedent, than that they fhould have a bad precedent foifted upon them indirectly and against their confent. The laft fubject of Mr. Sheridan's motions was the corps of artificers mentioned by Mr. Courtenay.

Mr. Pitt replied to the animadverfions upon which the motions were grounded. He had already explained the fubject of the first, and he must refift the motion, because compliance was impoffible. With refpect to the powder-mills he obferved, that it was expedient government should have fome mills in its poffeffion, for the purpofe of trying experiments in the manufacture, to endeavour to prevent the complaints to which the gunpowder ferved in the laft war had been liable, and to guard against the confequence of finding ourfelves upon an emergency wholly at the mercy of the manufacturers. The bject of forming the corps of artificers had been economy, and government would fave by this project 200cl, in an article of 22,000l.

1788.

In the progrefs of the fubject it was farther enquired, whether the corps of artificers were already en lifted and embodied. In that cafe Mr. Sheridan remarked, that the authors of the measure had been guilty of a very illegal act, as they had taken upon them to raife a body of men without the confent of parliament. He maintained, that every man, who exceeded the number li mited by the mutiny bill, was exempt from the operation of military law. This doctrine was treated by fir Charles Gould, judge advocate general, as highly dangerous, fince in that cafe foldiers would themfelves be fet up for judges of the in tention of the law, and a door would he opened to every fpecies of diforder. Surely every man that enlist ed, whether included in the mutiny bill or not, was liable to be tried by military law. Mr. Pitt juftified the formation of the corps, as it had been raised upon the fame principle with all the new levies, and the apprehenfion of a war, according to the liberal interpretation of the prero gative, juftified the measure. Mr. Fox replied, that the corps had been formed after the alarm of war had fubfided; and he afferted, that the loweft follier had a right to judge of the tribunal by which he was to be tried. If he were not included in the number limited by the mu tiny bill, he might refufe to be tried by military law, and it was as much his right, as that of any man in the houfe of commons, to appeal to the laws of his country. If the doctrine of fir Charles Gould were admitted, the bill of rights was virtually repealed. Mr. Hailey exprefled his aftonishment, that a paltry saving of 2000l. per annum could be deemed a fufficient motive for putting fix hundred Englishmen under military law, and he was followed on D

the

the fame fide of the queftion by Mr. Pelham, Mr. Marfham and fir William Molefworth. Mr. Sheridan having agreed to withdraw the first of his motions, the remaining ones were voted by parliament: and, the houfe having divided upon the claufe of the mutiny bill that refpected the corps of artificers, the numbers ftood,

ayes 142, noes 70.

The expediency of the establishment of a corps of artificers was brought under the difcuffion of the houfe of lords during the progrefs of the mutiny bill. The duke of Richmond urged in its juftification,. that fuch corps made a part of the army in all foreign fervices, and for their utility well deferved to be copied by ourselves. Whatever imputations might be caft upon him, no man could be more an enemy to the degrading feverity of perfonal punishment. He had always been against it, and was of opinion that it might be altogether difpenfed with. The measure was farther vindicated by lords Cathcart and Rawdon.

A fubject, that excited confiderable difcuffion in both houfes, was a promotion of admirals, that had been made on the twenty-fourth of September 1787, in confequence of the apprehenfion that was then entertained of a war with France. In this promotion fixteen perfons were felected from the fer or captains of the navy, and a confiderably greater number paffed over, as ineligible for this new rank. The mode of felection was by no means unprecedented; but it was conceived, that feveral of the perfons omitted were in an uncommon degree qualified, both by fervice and ability, for the ftation of commanders. This perfuafion, whether true or falfe, made fo deep an impreffion upon the pub. lic mind, as to afford one of thofe

queftions, which we have feca not feldom occurring, in which the prefent minifter had reafon to apprehend that he should be left in a minority.

It was moved by lord Rawdon, on the twentieth of February, that the houfe of lords should present an addrefs to the fovereign, requesting

him to take into confideration the

fervices of fuch captains in the navy, as had been passed over in the promotion of admirals. Among the ob fervations that were offered in fupport of the motion it was stated, that the half-pay of a rear-admiral had been offered to every one of these captains, and that the selection could not therefore have been made from a motive of economy. Lord Howe, firft lord of the admiralty, rofe in defence of the measure, of which he was confidered as the advifer. He ftated the high degree of refponfibility, that, was vefted in the office he held; the neceffary corollary from which was a right to exercite his difcretion; and that difcretion could no where be more indifpenfible, than in the promotion of captains to the rank of admiral. There were two qualifications requifite is perfons likely to be intrufted with the care of our fleets. They muft be poffeffed of bodily ftrength, to enable them to fupport the hardfhip and fatigue, to which their profeffion was incident. They must poffefs a fignal degree of knowledge, understanding and fkill: the officer who difplayed great bravery, in the command of a fhip, might not be qualified to prefide over a fleet. Great inconvenience would refult from the promotion of all fenior captains indifcriminately. Once raifed to the rank of a rear-admiral, they muft unavoidably go through the fuperior degrees of promotion. Officers that did not ferve would

ftand

stand in the way of thofe that did, and the nation would lofe the benefit of the highest qualifications and the most promifing ability for the fake of an ufelefs pun tilio.

The earl of Sandwich followed lord Howe. He knew, that it was ufual for perfons, that had formerly filled the office, the conduct of which was brought under animadverfion, not to meddle in the debate; but he fhould beg leave to facrifice a confideration of mere decorum to the higher impulfe of duty. He obferved that the parliament of Great Britain food high in the opinion of Europe. It had cquired abundant credit for the propriety of its proceedings, for confining itself to its province, and for not affuming functions that did not properly belong to it. If a complaint were formally made of breach of truft or improper conduct in any member of adminiftration, parliament had a right to inftitute an enquiry, and, upon proof of the fact alledged, to addrefs the king to remove the delinquent. But the pofition before them was widely different; and, in adopting it, the houfe of lords would be affuming the functions of the executive government. Lord Sandwich deferib. ed the motives, which had led to the eftablishment of the fuperannuated lift, in inftituting which he had had a confiderable flare. In the year 1747 a naval promotion had been neceflary, and there were in the lift of captains feveral, that were qualified in a fuperior degree for the command of a fleet. But the difficulty was how to promote them without loading the public with an intolerable expence. At the time of inftituting the establishment there were only eight admirals made, and eighteen captains were paffed over; and yet there was no complaint, no

pro

motion before that houfe to address the king, no idea entertained of partiality or injuftice. Better olicers in the opinion of lord Sandwich had never been put upon the lift, than were the new admirals. Among the omitted captains there might good officers be found; but, if the houfe wandered out of its province and addressed the crown in favour of one officer, the task would be endless. The motion of lord Rawdon was negatived without a divifion.

On the next day the fubject was brought forward in the houfe of commons. An addrefs was moved by Mr. Baftard, requesting the king to confer fome mark of his favour upon captain Balfour and captain Thompfon, who had received the thanks of that houfe for their beha viour on the twelfth of April 1782. Mr. Baftard obferved, that, if this motion were paffed, he fhould follow it by a propofition in favour of the other officers; and added, that it was public opinion, that was the principal object and aim of thofe who engaged in military fervice. When that was loft, the ardour of their ambition decayed, their fpirits were dejected, and difgrace and ruin to the country were the inevitable confequence. quoted a fpeech of lord Howe in the houfe of commons, upon cccafion of lord Rodney's victory, in which it was ftated, that the protection of that houfe was what was looked up to by the officers of the navy, and what contributed principally to keep emulation alive. He reprobated the felection that had been made, as capricious, inconfiftent and abfurd. Captain Laforey had been paffed over, under pretence of his having entered into the civil fervice of the crown, and be ing a commiffioner in one of his

He

majesty's docks; and at the fame time fir Charles Middleton, who had the office of controller of the navy, and to whom the objection equally applied, was promoted. The felection was defended upon the principle of raifing fuch only to the rank of admirals, as were qualified to take the command of a fleet; and yet fir fohn Lindfay was in the lift, who, though a moft deferving officer, was in a ftate of fuch infirmity, that, however his friends might ardently with his recovery, they could not hope for it with any degree of confidence. Captain Balfour, who was qualified for immediate fervice, Had not only the recommendation of his merits on the twelfth of April, but he had alfo diftinguished hunself in the preceding war, under the aufpices of captain Laforey, by entering with boats the harbour of Louisbourg, and cutting out one of the enemy's fhips of the line. What a leffon, exclaimed Mr. Baftard, would the late promotion held out to the fervice; and what would men, whofe fons fhould hereafter enter into the naval profeffion, think it necessary to recommend to them for their future fuccefs? Inftead of advifing them to fink, burn and deftroy the enemics fhips, inftead of telling them that victory was the road to rank, and that, the higher they carried the British name, the nearer they approached to the arquifition of honour and reward; they would recommend to them to look after merchant fhis, to feize upon private property, to increase their fortunes rather than their fame, and by that means to fecure parliamentary influence; in a word, to cultivate nothing but for vility and meannefs, to study the caprice of the first ford of the admiralty, to be his follower, his flatter er, and p.shape his pimp,

The motion was oppofed by Mr.. Pitt on account of its unconstitutional interference with the prerogatives of the crown. Mr. Beaufoy obferved, that no axiom was more obvious, than that the British conftitution was diffolved, from the inftant that the executive authority was affumed by the reprefentativesof the people. What form of government might fucceed he should never think worth an enquiry. The happinefs of thofe, who would be willing to furvive fuch a ruin, was entitled to no confideration.. But whatever fyftem of policy might be eftablished, certain it was, that that conftitution, which had excited the wonder, and fixed the admiration of the world; that conftitution, which had given us conqueft and fplendour abroad, and fuch continued happiness at home, as feemed to contradict the common opinion of the mutability of human affairs, and the precarioufness of political freedom; that conftitution which our ancestors died to establish, and which it would be facrilege in. us to furrender, muft be for ever annihilated.

Mr. Baftard thought proper to withdraw the motion which had been made, and fome time afterwards brought forward his propofition in a different form, calculated to meet the objection of the minifter. The motion of the eighteenth of April was, that the houfe of com. mons should resolve itself into committ e, to enquire into the condust of the admiralty on the bufinefs of the late promotion. Mr. Pitt acknowledged, that this propofition was more agreeable to his ideas of the conftitution; it remained for the houfe to confider, whether there were fuflicient grounds to warrant that degree of fufpicion which the motion implied. He obferved, that

the

though he should vote for the prefent motion, he could not have fupported Mr. Bastard in his former propofal of an address. Mr. Fox noticed Mr. Pitt's argument refpecting captain Balfour. To that offcer's merit, with the felicity of expreffion, which always in an eminent degree diftinguished the mi; nifter, he had done ample juftice. But, though the beginning of his argument had been juft, the conclufion was falfe. The reason why captain Balfour ought to have been made an admiral, was the very defcription affigned him by Mr. Pitt. It wasbecause he had had the fingular good fortune to have given a fuccefstul proof of extraordinary brav ery and fkill. Mr. Fox reprobated the minifter's argument to perfuade the house, that they were not competent to judge of the late promotion. In like manner they might be told, if a complaint were lodged against the conduct of a judge, You muft not enquire, for what do you know of the law? Leave it to the chief juftice and the courts below; they alone understand the fubject. If the argument effected any thing, it effected the annihilation of the whole conftitutional powers of cognizance and control that were vested, in that house.

the thanks of the houfe of commons, which had been voted to captains Balfour and Thompfon for their behaviour on the twelfth of April, could not furely be conftrued into a claim to the rank of admiral, fince they had received the thanks in common with all the officers and even all the failors on board the fleet. He acknowledged the gal. lantry of the action, that had been atchieved at Louifbourg. Captain Balfour had had the fingular good fortune to have an opportunity of diftinguishing his bravery and kill, as the commander of a fingle ship; but was there any thing in the nature and circumftance of the action, that proved captain Balfour quafified for the more complicated duties of the command of a fleet? Mr. Pitt afked, how was the houfe of commons, compofed as it was, to judge whether captains were qualified to be admirals? Would they undertake to fay, that captains Balfour, Thompfon, Laforey and a few others ought to have been advanced, and that the remaining names were properly omitted? The next thing they would have to do, was, to refolve, that they were better judges of naval concerns, than thofe who had had a profeffional education. Mr. Dundas inforced the reafonings of Mr. Pitt. He afferted, that, if the motion were carried, it would produce this bad confequence, that no firft lord of the adiniralty would hereafter fubject hamfelf to fuch an enquiry, as that which was now proposed; and that all future promotions must be made by feniority and rotation.

Mr. Fox remarked, that he was fecond to no man in anxiety to preferve the diftinction, between the prerogatives of the crown and the privileges of parliament; and that,