could be said to be described in the words "within the kingdom," that phrase manifestly having a retrospect to the very cir cumstance which made it necessary to declare the sense of the whole nation on the matter; namely, James the 2nd keeping up a standing army "in time of peace, within the kingdom, without the consent of parliament." from the measures meant to be carried into execution. Those he feared would turn out to be exactly similar to what happened to the Athenians, in their contest with their colonies planted in the island of Sicily. They were a great maritime nation, they planted colonies, they increased their riches, power and maritime strength by this plantation, they grew at length mighty and overbearing, tyrannical to their depen- The Duke of Richmond observed, that dencies, and jealous of liberty in any part it was usual with the noble lords in admiof the Athenian dominions, beyond the nistration, when they found themselves confines of Attica. They had triumphed pressed in argument, to fly for sanctuary over their neighbours, the republic of to their usual topic of imputing factious Sparta, who were in some measure to them motives to their antagonists. Such a conwhat France is to us, their superior on duct answered one end, that of drawing land, and their continual rival in power off the attention of their lordships from the and greatness. What was the conse. question; but it was however not without quence? Intoxicated with their increase its advantages in a contrary direction, for of power and opulence, they began to op- it shewed the dispassionate part of the press their colonies; the colonies took House, that the argument on every true, arms; four generals of great note were sound, relative ground, was against them; sent from Athens to subdue them; the was tacitly deserted; when ministers and Athenians were defeated; more troops their avowed supporters were obliged to were sent, reinforcement followed rein- have recourse to such flimsy aids, of keepforcement; at length they were totally ex-ing up a conversation when the point in pelled that island; not a general, nor scarce a man, ever returned to relate the circumstances of their successive defeats. Thus, deprived of every foot of land they possessed in Sicily, and divided among themselves, they shortly after fell a prey to their ambitious and inveterate enemies, the republic of Sparta. The Earl of Denbigh insisted, that it was not the ministry that deceived or misled that House; but it was a set of men in the country who flattered themselves they would be enabled thereby to force themselves into power and office. Unfortunately for both countries, those incendiaries had been too successful. It was, therefore, necessary to convince such men, that they could draw no advantage from such arts, by which means those delusions would be dispelled, by which the people of America had been unhappily misled; or if they should pertinaciously adhere to their errors, they must be convinced, that no subject of the British empire, can appeal to any other mode of decision, or be safe under any species of protection whatever, but such as the laws and constitution afford. His lordship entered fully into the construction of that paragraph in the Bill of Rights which immediately applied to the question before the House; and contended, that that paragraph by no means reached the present case, for neither Gibraltar nor Minorca debate had been virtually, nay actually deserted. His grace observed, that several noble lords had taken it for granted, that hiring foreigners was frequently prac tised since the Revolution, nay sometimes they had been brought into the kingdom without the previous consent of parlia ment. How far this general assertion might apply, he would not pretend to determine; but this he would venture to assert, that foreigners were never, upon any pretence, brought into this kingdom without the consent of parliament either by treaty or address. It had been said, early in the debate, that the Hessians had been brought over in 1745, without any previous parliamentary communication: but nothing could be more erroneous; for though they were not called over by an express act of parliament, either then or in 1756, both Houses consented to it by an address to the throne, in one instance; and where that sanction was wanting, by some existing treaty, ratified by parliament. As to taking foreign troops into British pay, and afterwards prevailing on parliament to ratify such engagements, that did not come up to the present point; but even allowing that to be the case, some of the noble lords, and many of the descendants of others of them, differed widely upon the subject in the year 1742, when a body of Hanoverians was taken into British pay, and afterwards the minister came to parliament to make good the engagement. On that occasion, there was a very remarkable and spirited Protest entered on the Journals.* [Here his grace, after reading part of the protest, read several of the names, among which were those of the keeper of the privy seal, Talbot, and several others. His grace went fully into the question, and closed his observations with this argument:] the noble lords on the other side insist that it is competent to the King to raise and keep an army in time of war, or rebellion, in any part of his dominions, previous to the consent of parliament; that the paragraph in the Bill of Rights makes no distinction between an army of natives and foreigners; and that there is at present a rebellion in America. Now I will draw my conclusion, as an inevitable consequence, from these premises, that the King of Great Britain may now, or at any future time, introduce into this kingdom directly, either in time of war, or when there is a rebellion in any part of this vast empire, any number of foreign mercenaries he pleases, without consent of parliament. Lord Chancellor Bathurst, deserting what he called the quibbles of Westminster-hall, and the subtle distinctions of lawyers, allowed that the fortresses of Gibraltar and Port Mahon were fairly within the spirit and meaning of the paragraph of the Act of Settlement, and that in the same sense, too, he understood it applied to foreigners, but to neither in the manner now contended for; for if those fortresses came within the description of "within the kingdom," so did America; consequently America being now in rebellion, the operation of the Bill of Rights, law must cease till peace be restored; and on that ground the measure of sending the Hanoverian troops to Gibraltar and Minorca was perfectly justifiable. His lordship declared that, with the rest of the cabinet ministers, he had assisted in advising the measure. Earl Gower made the same declaration, and entered into the consideration of American affairs. He said it was strongly insisted on the other side, that we should never be able to coerce America. He was sure we should: that was a fair argument. The noble duke who spoke last but one, had read a long list of names, supposing that the sons and descendants of the noble lords who signed that protest See vol. 12, p. 1180. § | ought to inherit the same political sentiments with their titles and fortunes, but he perceived the noble duke's father's name was not among the protesters, and that his principles, of course, were very different from his son's; and that was another fair argument. His lordship defended the whole of the measures engrafted on the King's Speech. The Earl of Shelburne said, the Bill of Rights is declaratory: it supposes a law which can be found in no written book or statute whatever. It can only be looked for by recurring to its principle. The only principle that can be suggested is the danger to be apprehended by keeping a standing force without the consent of parliament. To do this within the limits of the kingdom, and in time of peace, is more dangerous, and carries with it less colour of necessity. To do the same in Ireland, Gibraltar, or any of the dependencies of the kingdom, may be less dangerous; but will any man say, there is no danger? If there be danger, the difference of the degree can make no change in the principle, nor in the law founded on it. It may be asked, why was it not declared in this extent in the Bill of Rights? The letter of the law and the history of it, give the answer. The parliament was satisfied that king James had raised or kept a force within the kingdom in time of peace; and their declaration of the law was naturally commensurate to his violation of it. It must be a strange interpretation of that declaration to infer from it, that a conduct on the part of the crown which, under such aggravating cir cumstances, was highly dangerous as well as illegal, could in a case where the danger differs only in the degree, be perfectly legal and innocent. The House divided: Contents 31, proxy 1; Non-contents 53, proxies 22. the minister would rise and assure the House, that he intended to do it himself. Lord North said, as far as his own thoughts went, he was perfectly satisfied of the legality of the measure; yet, as some gentlemen seemed apprehensive that it might be hereafter drawn into precedent, as an individual, he had no objection to concur in any measure which might tend to keep the heads of ministers more securely on their shoulders. He had consulted several, who united in opinion with him, that Bills of Indemnity were never re sorted to, but to defend the advisers of objectionable measures against actions at law; but never against a criminal charge, on which the person offending, or supposed to offend, was liable to be impeached. He said, he had a Resolution in his pocket, which he drew out and read: "Resolved, That it is the opinion of this House, that his Majesty having ordered a body of his electoral troops to compose part of the garrison of the fortresses of Gibraltar and Minorca, whereby the greater part of the troops of this kingdom may be employed for the support of his authority, has shewn his attention to the interests of this country, being, in the opinion of this House, a measure necessarily demanding more dispatch than was consistent with waiting for the assembling of parliament." Mr. Marsham excepted to the Resolution; first, as it did not by any means come up to his idea on the subject; secondly, though it had, he could never agree to encounter the established law of the land, springing out of the constitution, by a resolution of one House of Parliament. Governor Johnstone disapproved both of the Bill and Resolution; and believed it would be difficult to quote a more respectable authority than supported him in his opinion. He remembered well, that in a speech attributed to lord Mansfield, universally given him by the public, and believed to be genuine, that noble lord, who when he rides the horse of liberty, which he wished he would ride oftener, for nobody knew how to ride him better when he mounted him, speaking of the Act of Indemnity, relative to stopping up the ports to prevent the exportation of corn in 1766, does not treat Bills of Indemnity, as applying to the paltry consideration of being a bar to private actions; but describes them as favours and indulgences to ministers, as pardons for mere blunders and errors, not proceeding from the intention. [VOL. XVIII.] Lord North said, his resolution might be made the resolution of both Houses by a conference. Mr. Marsham still said, that was by no means satisfactory, and gave notice that he should move to-morrow for leave to bring in a Bill of Indemnity. November 1. Lord North said, although his own particular sentiments continued to be, that the measure of sending part of his Majesty's electoral troops, to form part of the garrisons of Gibraltar and Minorca, was perfectly legal and constitutional, under the circumstances in which it was done, yet as several gentlemen did not see the matter in the same light, to whom he would wish to give every satisfaction in his power, he would move for leave to bring in a Bill of Indemnity. His lordship accordingly moved for leave to bring in a Bill to indemnify such persons as have advised his Majesty to send to the garrisons of Gibraltar and Port Mahon, a part of the electoral troops of Hanover, during the recess of parliament. Nov. 3. Sir James Lowther moved, "That the introducing the Hanoverian Troops into any part of the dominions belonging to the crown of Great Britain, without the consent of parliament first had and obtained, is contrary to law." He said, he would not take up much of the time of the House in entering into the great question of law which this resolution led to, that doubtless would be spoken to by more able gentlemen than himself. The measure appeared to him to be doubly improper, both as being in direct opposition to the Bill of Rights, the Act of Settlement, and the established law of the land; and also that it is highly inexpedient in the present state of the dispute with America. Why are we, he said, to have recourse to foreign mercenaries, instead of our own troops? Why place a dependence upon those who cannot feel the same call for defending the liberty of this country as the natives of it? There is no good reason for this; and if we may judge from the uniform tenor of administration in all their conduct, we ought to consider it as a most dangerous weapon in the worst hands which any weapon can be lodged in. But the noble lord on the other side the House will tell us that he is the able pilot that is to conduct us into port. I should be glad to ask that able pilot what are the provisions he has made on the [3 G] continent of America for the employment | I apprehend, it is free from so glaring an of those numerous forces to be voted? absurdity, as that of supposing his MaWhere are his transports and victuallers to jesty can introduce any number of foreign go? Where are his magazines to be form- troops into his dominions without the coned? What security will he give us that sent of parliament, let us, with equal wilthey are not to roll about the Atlantic by lingness, assert the right of the people; way of a harbour? But one question and censure, or pardon, those who have ought to include a thousand others. Why | offended, as their conduct, when duly conhave we not peace with a people, who it is sidered, may deserve. But in tenderevident desire peace with us, and who are ness to them, do not let this assembly ready to submit to the legislative authority forget what we owe to our country: do of this country? He then read, as a part not let us forget what we owe to our own of his speech, the last Address of the Con- dignity as legislators, by leaving so great gress, to the people of England. and essential a point undecided, merely in compliance with the humours of some gentlemen, who want to balance between their former professions and their present conduct. Governor Johnstone moved to read that part in his Majesty's Speech, which says, "and I have, in testimony of my affection for my people, who can have no cause in which I am not equally interested, sent to It was happily observed by a noble earl, the garrison of Gibraltar and Port Mahon, whose superior wisdom was so long rea part of my electoral troops." He then vered in this House, that you might inacquainted the House, that he rose to se- trench yourself with parchment up to the cond the motion. Nothing, Mr. Speaker, teeth, as defences against the power of requires such watchful attention in this arms put into the hands of other men: but admirable system of government, as the the real security consisted in never admitdue poize of the sword between the king ting of such numbers as could effect any and the people. His Majesty has the en- evil purpose; for wherever such power tire command of the troops after they are had been intrusted, distinct from the raised or introduced into his dominions, guardians of liberty, the sword had always that military operations may be conducted found a passage to the vitals of the constiwith that secrecy and dispatch, which is tution. This principle ever directed our necessary to give them their full effect; peace establishments, till the reign of his but the people, on the other hand, must be present Majesty. This had governed the first consulted on the occasion of raising conduct of our ancestors till this hour. or introducing such troops, lest under the This jealousy is evident in every clause of pretence of defending us against our ene- the Mutiny Bill, whereby a military estamies, an overwhelming force may be turn-blishment is interwoven into our governed against our dearest rights. This rule I take to be a corner stone in the British constitution, which once removed, leaves every privilege we enjoy, at the mercy of | the King. The words the Clerk has just read, I consider as the most wanton violation of this principle, and the most avowed declaration, that it does not exist in the law or spirit of our government. It is to meet such dangerous doctrines, and to vindicate the wisdom of our ancestors, who have not left the rights and privileges for which they bled on so precarious a footing, that I now presume to trouble the House; nor does the Bill of Indemnity lacken my ardour on the occasion. In the preamble to this Bill, it is declared, "that doubts have arisen" on this great constitutional question; I say, then it is fit the legislature should determine those doubts. If so palpable a defect remains in this government, let us boldly declare the fact, and correct it without delay. If, as ment. But in case this prudent generous jealousy is commendable against our own countrymen and fellow-citizens when they become soldiers, they who have equal pri vileges to lose and to defend; they who have all the ties of friendship, relation, and education, to restrain them from destroying the liberties of their country; how much more watchful and attentive ought we to be, when this intoxicating power is delivered up to foreign mercenaries, who have no object but the pleasure of a prince; who have been accustomed to consider the rights of a freeman as an insult on their profession? Shall neither argument nor experience stop this House in the madness of her American career? Must every principle of our government be dissolved in the contest? Shall the first barriers of our freedom be levelled with the dust, to favour our ministers in their absurd management? Shall we despise the history of all those nations, from Carthage 1 記 3 downwards, who have lost their liberty by money, but are scarce of men. If money employing foreign troops, and recur to is so plenty, it were well to consider from those silly arguments which have always whence this superabundance comes, before been used as the reason for first intro- we kill the hen that lays the golden egg. ducing them? How different is the spirit It is strange, in one breath to declare our which prevails now, to that which inspired plenty, and in the next to plead our poL our ancestors after the Revolution? That verty, as a reason for altering our ancient the House may judge on this point, I de- system of colony government, to get money sire the Message from king William, of to support us! As to the scarcity of men, the 18th of March, 1698, and the Answer I maintain, if any country wants men for of the Commons, may be read. [The its necessary purposes, there are some desame was read accordingly.*] Here you fects in the system of government. Every find a king, to whom the very parliament country under a good government will the addressed owed the freedom of their breed up to the numbers wanted, and the resolves, supplicating with a degree of means of subsistance. If population falls eagerness, humility, and affection, that off, there is some radical defect-I perLas might have melted a Roman father, in be- ceive some gentlemen seem to laugh at half of troops, who had been active in his this doctrine-I laugh at their ignorance. service; who had been the companions of Will any man allege there is no radical all his glory, and all his toils, whose num- defect in our government, where by imbers could be no object of jealousy; but politic impositions in your revenue laws, those real patriots knew the nature of 1,000 men are annually lost to the kingcourtly precedents, and they saw the con- dom, and 4,000 are tempted to work sequences of this. They refused the against its interest; 5,000 are annually common formality of appointing a day to lost in gaol, or as fugitives driven abroad take his majesty's message into conside- by the severity of your laws respecting ration; they waved those trifling respects, private debts; 1,000 by criminal punishwhen the constitution of their country was ments: 1,000 soldiers die annually out of at stake; they instantly named a comthe course of nature, by the manner of mittee to draw up an Answer, and the shifting our troops from station to staHouse most solemnly and truly declared, tion, to pick up the diseases of all climates; as you have heard, "that they could not some millions are lost, to national defence, consent to his majesty's request, without by the oppressive laws about religion in doing violence to that constitution his Ireland. Is it possible to consider these majesty came over to preserve." While facts, and assert there is no defect in the I commend this glorious spirit in our fore- government under which they happen? fathers, I hope there is no person who The introduction of foreigners by bills of hears me, that can believe it springs from naturalization, or stretches of prerogative, any of those ignoble prejudices, which to remedy such waste, can only render sometimes prevail against the inhabitants the disease more incurable. Administraof other countries. Singly and indivi- tion place this war to the account of the dually, I believe a Frenchman as good as dignity of the nation; for they acknowan Englishman, and a Spaniard equal to ledge no other profit, or advantage, can either, if they are protected by a free go- be reaped from it. But is there any step vernment. All I maintain is, that their that can reduce the reputation of this misfortune having placed them under country so low, as that of depending on despotic governments, they are more fit the electorate of Hanover for the interior to destroy, and not so fit to preserve, the government of its own subjects? What a privileges of freemen. That the happy confession at the outset in this business! predilection every man feels for his native that Great Britain is unequal to the consoil, is a principle established by God, test! How are the mighty fallen since and ought to be strictly attended to by the peace of 1763? What a spectacle for statesmen in the formation of armies, and Europe! Can it be supposed that the that no intelligent statesman ever de- force of the empire is really so diminished, spised this natural affection, or would wish or must we impute it to the injustice of to have recourse to foreigners in the the cause, and the madness of our rulers, wanton degree the instance before us ex-who, without exterior cause, have rent the hibits. It is said, we have plenty of * See Vol. 5, p. 1194. empire asunder in so deplorable a degree? So far I have reasoned on the bad policy of this measure, supposing it had been |