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for that, let affairs now be ever fo fpeedily accommodated, nothing lefs than a land-tax at that rate would be fufficient for our future peace establishment.

The principal leaders of oppofition did not interfere much upon this occafion. Some gentlemen faid, that as the fervices were voted, the army and navy muft not be ftarved, and as the fupplies muft be raifed in fome manner, they would vote for this tax, as lefs prejudicial than any other that could be thought of. One of them, however, could not forbear commenting on this method of voting money, for fervices not known to the houfe, or on which, at leaft, they had no fubftantial controul, as it furnished minifters with opportunities of applying it to purpofes which were in the laft degree ruinous, and fatal to the conflitution.

Some of the country gentlemen were out of forts about the Indemnity Bill, an object which they feemed to confider, as the only one relative to the conflitution that demanded attention. This bill had laid dormant fince the first reading, without any notice whatever being taken of it, and they confidered it fo ferioufly, as partly to make its being brought forward, a condition of their agreeing to the land-tax. Several others of them were, however, much diffatisfied, upon a fubject of more fubftantial, if not conflitutional import. Many gentlemen had fupported government in all the coercive measures which it had purfued against America, with a view, and in a firm hope and perfuafion, that the great revenue to be drawn from that part of the world, would in a propor

tional degree have leffened their own burthens. Upon this principle, they would have advanced money, as in a law-fuit, while the object in view was capable of repaying them with great intereft, befides an advantageous and ample compenfation for the rifque; but they were not yet keen enough, as litigators too frequently are, to purfue the conteft to ruin, (when they found the object unproductive) merely for the fake of the sport which it afforded. They accordingly finding, by the language held fince the opening of the feffion by the minifters, that the idea of taxation was generally given up, either as an expedient, or as totally impracticable, now declared, that if the original object of difpute was abandoned, they could not think of expending any more money in a conteft, which, befides being unproductive of benefit, was attended with evils that could only be palliated upon that principle; and that therefore they would oppofe the noble Lord's motion for an increase of the land-tax.

The minister thought it expedient to fatisfy both parties, of these, fometimes troublefome, but always useful friends. This was eafily done with the first, by informing them, that their favourite bill was in perfect fafety and good condition, and would be immediately brought forward. As to the fecond; he affured them, that the idea of taxation, and of levying a productive revenue from America, was never abandoned; and that when any thing of that fort dropped from the minifters, they intended no more, than that it was abandoned for the prefent; that is, that the difpute at prefent was of a

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much higher nature than it had been originally, and that taxation was but a matter of fecondary confideration, when the fupremacy and legislative authority of this country was at ftake. That he would have them therefore perfectly underfland, that whatever general terms the minifters might at any time make ufe of, taxation neither is, nor ever was, out of their view. As a further proof of his fincerity upon this fubject he declared, that there was no means by which the legislative authority and commercial controul of this country over the colonies could be infured, but by combining them. with taxation.

This explanation gave full content, and after a mixed debate, which lafted till ten o'clock, the question being put upon an amendment which had been early moved, That the land-tax fhould be three fhillings instead of four, it paffed in the negative upon a divifion, by a majority of 182 to 47; the original motion then paffed of course. In two days after, the 15th. houfe being in a committee upon the Militia Bill, a motion was made for, an amendment, by inferting words to the following purpofe in the preamble, That the faid power of affembling and embodying the militia, fhall not extend beyond the continuance of the prefent rebellion. This motion, brought on fome warm and confiderable debates. The oppofition faid, that if the minifters oppofed this motion, it would convince them beyond a doubt, that the fufpicions they had formed with refpect to this bill were too well founded, which were, that it was brought in merely as a colourable

pretext to arm the crown with a power hitherto unknown to the conftitution.

They argued, that the bill, from the very frame of it, was taken up on a temporary idea, and directed to temporary purpofes, which would ceafe to be objects of policy, the inftant that the civil war was terminated. That the avowed object and principle of the bill, was to afford a greater fcope to our military operations in America, by making fuch a provifion for internal defence and fecurity, as might enable us to employ the ftanding regular forces upon that fervice. That however neceffary it might be in cafes of real and great emergency, to arm the crown, pro tempore, with extraordinary powers for certain purposes of fafety, it was always, not only in the fpirit, but practice of our government, to recall thofe powers, as foon as the purposes were answered, or the motives ceafed, for which they were granted. And that it could not be pretended, that any fair or conflitutional motive would remain after the conclufion of the present troubles, for continuing this power in the crown, as it was already enabled by the old law, to call out the militia in all other cafes of real emergency. And they infifted, that the very point meant to be covertly carried by this bill, was what no king of England, even the moft defpotic, had ever been able to gain; that it was a power at all times retained, and till now, most jealoufly watched and guarded by the people; and that, on this was grounded the leading conteft between Charles the Firit and his parliament, long before that affembly had been charged with any factious [G] 3

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views or had entertained any idea of the troubles which afterwards took place.

On the other fide, great encomiums were made on the popular and conftitutional defence of a militia, and much wonder expreffed, that a meafure which tended fo particularly to the fecurity of the people, and the rendering ftanding armies unneceffary, fhould be oppofed by thofe, who pretended a more than ordinary zeal in the care and protection of their liberties. That the apprehended dangers which it was fuppofed would arife from the powers granted by the bill, and upon which fuch powers of colouring had been betowed to render them frightful and hideous, were purely vifionary, and mere creatures of the imagination. That no ill ufe could be made of the power, without the concurrence of the people themfelves; for though the prince might affemble the militia, they must be paid by parliament. That prefuming parliament should become a party in betraying its own rights and thofe of the people, was fuppofing a cafe which could not exilt, or if it did, which no human prudence or forefight could poffibly guard against; for fuch a confpiracy of the executive and legiflative powers of the itate, fuppofed not an abuse, but an actual fubverfion and diffolution of government. That all reafoning on fuch an hypothefis was abfurd; who could the people truft, if they could not truit themfelves? if they were feized with fuch a madness as to make a furrender of their rights and liberties, no power under heaven could prevent them.

This anfwer feems perfectly fa

tisfactory with regard to the gene. ral power of the crown over the militia; but it does not appear of equal force to remove the main objection, and which ftruck directly at the principle of the bill, viz. the rendering a law perpetual, which was framed only for an immediate and temporary purpofe, without any apparent motive, or fufficient caufe for fo doing. This was by no means fatisfactorily anfwered, it being only evasively faid, that if the law was a good one, it fhould always ftand, and if otherwife, fhould not pafs at all. This would prove too much; as it would be a reason against all temporary bills.

The queftion being put on the amendment, it was rejected on a divifion in the committee, by a majority of 140 to 55. Another amendment was then propofed,

That the militia fhould not be called out of their respective counties, unless in cafe of actual invafion." This likewife paffed in the negative. A claufe was then propofed, to impower his Majefty to affemble the parliament in fourteen days, whenever the present act, in the event of a war or rebellion in any part of the dominions of the British crown, fhould be called into operation. This claufe was agreed to without a divifion.

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ground-work for fuch advice as that houfe, impelled by a fenfe of duty, might think fit to fubmit to his Majefty's confideration. The fecond, for a state of the army now in America, according to the latest returns. The third, for laying before them the plans that had been adopted for providing winter quarters for thofe troops; with an account of the number of forces in the provincial army, according to the best eftimate that could be obtained. The fourth, that an eftimate of the forces now in Great Britain and Ireland fhould be laid before them. And the fifth, that an eftimate of the military force neceffary to be fent again ft America, with an account of the number of artillery, fhould also be laid before the house.

In fupport of these motions, the fame ground was taken, which had been repeatedly trodden in both houfes fince the opening of the fef fion, upon the fame fubject. Some new obfervations were however added. It was faid, that they had heard oblique cenfures thrown out upon the commanders both by fea and land. What were they to do, amidst fuch a chaos of charges, denials, blunders, mistakes, imputed negligence, and incapacity? Were they ftill to wander in darkness and uncertainty; to grope their way without a ray of light, or the fmallet information for their direction? They profeffed, that they did not want cabinet, but parliamentary information; they did not want to know the detail, nor the different means intended to give their measures fuccefs; they do not defire to fee estimates, with any view of comparing them with the returns; nor do they mean to

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enter into any enquiry, with an intention of having the wrong information, by which minifters have confeffed themselves deceived and milled, traced to its fource. They only wanted to know that general ftate of things, and thofe facts, which by warning them of the dif ficulties they had to encounter, would point out the best means of obviating or furmounting them: and that this could not be fo well effected in any other manner, as by learning a true ftate of the force preparing against us, and comparing it with our own abilities and immediate refources. That there were precedents in favour of fuch motions; and the enemy was fo fituated as to come readily at the account of what was so anxiously concealed from parliament.

On the other fide, the enquiries propofed, with those which they were fuppofed to lead to, were faid to be unprecedented, highly improper and dangerous. That it was contrary to every rule of office, as well as every maxim of war and common fenfe, to furnifh our enemies with fuch intelligence, as might be the means of either availing themfelves of our weakness, or refifting our power. That the rebel leaders themfelves could not with for any thing more in their favour, than a difclofure of the plans of our military operations, and an exact ftate of our ftrength or weakness. That fecrecy, whether with respect to deliberation or action, was the effence and life of war, upon which its fuccefs must for ever in a great degree depend. It was afferted, that the meafures determined here, were much fooner known in the rebel camp, than in the King's army. And it was in

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filled, that the precedent to be eftablished by a compliance with thefe motions, of the legiflative forcing itself, and breaking in upon the executive power, would be more dangerous even than the other confequences, as it mult of courfe, if ,brought into practice, totally obfruct the meafures of government, and render it impracticable to conduct the public affairs.

The debate, as ufual, wandered from the main fubject, and took in feveral branches of the American bufinefs. Much warmth appeared, and fome fevere perfonal animadverfion took place, upon different occafions which occurred in the course of the debates. The queftion being at length put upon each of the motions feparately, that only, for an estimate of the forces now in Great Britain and Ireland, was agreed to. The reft were rejected without a divifion.

The oppofition were not fo dejected by their multiplied defeats in both houses of Parliament, as to abandon all hopes of reconciliation; they daily endeavoured to thew it neceffary in the attempt, and practicable in the execution. On the day fucceeding 16th. the Duke of Grafton's motions, Mr. Burke, notwithstanding the ill fuccefs of his conciliatory propofitions in the preceding year, brought in a bill to anfwer the fame purposes in the prefent.

The bufinefs was introduced by a petition upon the prefent American differences, from the confiderable cloathing towns, and neighbourhood of Westbury, Warminfter, and Trowbridge, in the county of Wilts. This petition was intended to counteract a late addrefs which had been procured in the

fame part of the country, and to prevent, as the petitioners fay, the dreadful effects which might arife, from fimilar mifreprefentations being conveyed to parliament. But what brought it directly home to Mr. Burke's object of conciliation, was the earnest manner in which they deprecated the horrors of a civil war, and conjured the house, by every thing folemn, facred, or dear, to adopt fuch lenient meafures, as might reftore that affectionate intercourie between this country and the colonies, which, they faid, could alone prevent thofe calamities that they moft pathetically lamented or defcribed. He therefore wifhed (after obferving that the manufacturing part of the petitioners were all men who carried on bufinefs as principals upon their own account, and that, he was authorized to fay, were poffeffed of more than half a million of English property), that the prayer of the petition should be confidered as an exordium to the bufinefs which he was going to propose.

The motion was, "That leave be given to bring in a bill for compofing the prefent troubles, and for quieting the minds of his Majefty's fubjects in America." Its object was to procure conciliation and peace by conceffion; and that great charter from the crown to the people, paffed in the 35th year of Edward the Firft, and known by the name of Statutum de tallagio non concedendo, was its avowed model..

The framer introduced his bill with a fpeech, which he supported for upwards of three hours with great ability, and which feemed to vie with the magnitude of the fub

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