ten. noble Lord early in the debate [Lord Lyttelton] on all those who happened to differ with him. He faid it was a pretty method of convincing an adversary, to tell him that his oppofition to meafures was founded in the worft motives; and that all who entertained contrary sentiments to his own, were weak and wicked counfellors. Such language had been always difcountenanced, and he hoped would always meet with the ftrongest marks of difcouragement and difapprobation in that Houfe, as it would otherwife banish all fober deliberation and free difcuffion from within those walls; and introduce in their ftead, the most improper perfonalities and difgraceful altercations. Lord Lyttel The Lord Lyttelton endeavoured to exculpate himself from the charges of the two noble Dukes. He faid, any thing fevere he might have dropped refpecting a noble and learned Lord on the other fide, was only upon certain fuppofitions. He had not, however, changed his opinion relative to the true interpretation of treafon, nor could he bring himself to fubfcribe to his Lordfhip's definition of it; as the more he thought on the fubject, or heard it argued, the fuller he was fatisfied that America was in rebellion. He said, he had a very high authority to fupport him (Lord chief juftice Fofter) and a real friend to liberty, who enumerates several fpecies of treafon, befides thofe exprefsly defined by the ftatute of the 25th of Edward III. and lays it down as law, though a confultation to levy war, in which the person of the King is not meant to be injured, may appear not to be treafon within the ftatute of Edward III. yet, that an overt act of one fpecies of treafon may be good evidence to prove an intention to commit the other. Lord Camden The Lord Mansfield affured the Houfe, that he had not given the leaft intimation to the noble Lord of what he now urged; but that it was nevertheless the general doctrine laid down by those who had written on the fubject. He was perfonally acquainted with the great law authority now quoted, who aflured him, he was prefent in court at the trial of the offenders in Queen Ann's time, who pulled down the meetinghoufes, and that Holt, chief justice, and the rest of the court agreed, that evidence of an overt act of one species of treafon was fufficient proof of an overt act of another species of treason. The Lord Camden ftill retained his former fentiments; he entered into a warm eulogium on the learned judge alluded to: infifted the doctrine now imputed to him was not his ; offered to meet the noble and learned Lord on the other fide од on that ground; and remarked, that the intended object of guage. The Earl of Dartmouth clofed the debate: He faid, that Earl of he approved of the measure; that America would be tender- Dartmouth. ly and gently treated, if they would return to their obedience; that he was directed by his own judgment, not by Lord Mansfield's; and that he believed Lord Mansfield was totally unconnected with the present administration. The above debate lafted till forty minutes paft one o'clock in the morning; when the previous queftion was put, Whether the main question fhall be now put? Contents 90 104. Not Contents 29. It was refolved in the Affirmative. Diffentient, ift, The previous queftion was moved, not to prevent the proceeding in the addrefs, communicated at the conference with the Commons, but in order to prefent the petitions of the North American merchants and of the Weft India merchants and planters, which petitions the House might reject, if frivolous, or poftpone if not urgent, as it might feem fit to their wifdom; but to hurry on the business to which these petitions fo materially and directly related, the exprefs prayer of which was, that they might be heard before "any refolution may be taken by this right honourable Houfe refpecting America," to refufe fo much as to fuffer them to be presented, is a proceeding of the most unwarrantable nature, and directly fubverfive of the most facred rights of the fubject. It is the more particularly exceptionable, as a Lord in his place, at the express defire of the Weft India merchants, informed the House, that if neceffitated fo to do, they were ready, without counsel or farther preparation, inftantly to offer evidence to prove, that feveral iflands of the Weft Indies could not be able to fubfift after the operation of the propofed addrefs in America. Juftice in regard to individuals, policy with regard to the public, and decorum with regard to ourfelves, required that we should admit this petition to be prefented. By refufing it, juftice is denied. 2dly, Because I 2 2dly, Because the papers laid upon our table by minifters, are fo manifeftly defective, and fo avowedly curtailed, that we can derive from them nothing like information of the true state of the object on which we are going to act, or of the confequences of the refolutions which we may take. We ought (as we conceive) with gladnefs, to have accepted that information from the merchants, which, if it had not been voluntarily offered, it was our duty to feek: There is no information concerning the state of our colonies (taken in any point of view) which the merchants are not far more competent to give, than governors or officers, who often know far lefs of the temper and difpofition, or may be more difpofed to mifreprefent it than the merchants. Of this we have a full and melancholy experience in the mistaken ideas on which the fatal acts of the laft Parliament were formed. 3dly, Because we are of opinion, That in the entering into a war, in which mischief and inconvenience are great and certain (but the utmost extent of which it is impoffible to forefee) true policy requires that those who are most likely to be immediately affected, fhould be thoroughly satisfied of the deliberation with which it was undertaken : And we apprehend that the planters, merchants, and manufacturers, will not bear their loffes and burthens, brought on them by the propofed civil war, the better, for our refusing so much as to hear them previous to our engaging in that war; nor will our precipitation in refolving, add much to the fuccefs in executing any plan that may be purfued. We proteft therefore, against the refufal to fuffer fuch petitions to be prefented, and we thus clear ourselves to our country, of the difgrace and mifchief which muft attend this unconftitutional, indecent, and improvident proceeding, PORTLAND, CAMDEN, RICHMOND, ROCKINGHAM, ABERGAVENNY, ABINGDON, CRAVEN, Then the main question was put, the Commons in the faid addrefs, "Lords fpiritual and temporal, and-" It was refolved in the affirmative, Contents, Contents, 87. 27. Diffentient, ift, Because the violent matter of this dangerous addrefs, was highly aggravated by the violent manner, in which it was precipitately hurried through the Houfe. Lords were not allowed the interpofition of a moment's time for deliberation, before they were driven headlong into a declaration of civil war. A conference was held with the Commons, an addrefs of this importauce prefented, all extraneous information, altho' offered, pofitively refused; all petitions arbitrarily rejected, and the whole of this moft awful business, received, debated, and concluded, in a fingle day. 2dly, Because no legal grounds were laid in argument or in fact, to fhew that a rebellion, properly fo called, did exift in Maffachufets Bay, when the papers of the latest date, and from whence alone we derive our information, were written. The overt acts to which the fpecies of treafon affirmed in the addrefs ought to be applied, were not eftablished, nor any offenders marked out but a general mass of the act of turbulence, faid to be done at various times and places, and of various natures, were all thrown together to make out one general conftructive treafon neither was there any fort of proof of the continuance of any unlawful force, from whence we could infer that a rebellion does now exist. And we are the more cautious of pronouncing any part of his Majefty's dominions, to be in actual rebellion, because the cafes of conftructive treafon under that branch of 25th of Edward the Third, which defcribes the crime of rebellion, have been already fo far extended by the judges, and the diftinctions thereupon fo nice and subtle, that no prudent man ought to declare any fingle perfon in that fituation, without the cleareft evidence of uncontro vertible overt acts, to warrant fuch a declaration. lefs ought fo high an authority as both Houfes of Parliament, to denounce fo fevere a judgment against a confiderable part of his Majefty's fubjects, by which his forces may think themselves juftified in commencing a war, without any further order or commiffion. Much 3dly, Because we think that feveral acts of the laft Parliament, and several late proceedings of adminiftration, with regard to the colonies, are real grievances, and just causes of complaint; and we cannot, in honour or in confcience, confent to an addrefs which commends the temper by which proceedings fo very intemperate have been carried on; nor nor can we perfuade ourselves to authorize violent courfes against persons in the colonies, who have refifted authority, without at the fame time redreffing the grievances which have given but too much provocation for their behaviour. 4thly, Because we think the loofe and general affurances. given by the addrefs, of future redrefs of grievances, in cafe of fubmiffion, is far from fatisfactory, or at all likely to produce their end; whilft the acts complained of, continue unrepealed, or unamended; and their authors remain in authority here, because these advisers of all the measures which have brought on the calamities of this empire, will not be trufted while they defend, as juft, neceffary, and even indulgent, all the acts complained of as grievances, by the Americans; and must therefore, on their own principles, be bound in future to govern the colonies in the manner, which has already produced fuch fatal effects: and we fear that the refufal of this Houfe, fo much as to receive previous to determination (which is the most offenfive mode of rejection) petitions from the unoffending natives of Great Britain, and the West India Islands, affords but a very dif couraging profpect of our obtaining hereafter any petitions at all, from thofe whom we have declared actors in rebellion, or abettors of that crime. Laftly, Because the means of enforcing the authority of the British legislature, is confined to perfons of whose capacity, for that purpose, from abundant experience, we have reafon to doubt; and who have hitherto ufed no effectual means of conciliating or of reducing those who oppofe that authority: This appears in the conftant failure of all their projects, the infufficiency of all their information, and the difappointment of all the hopes, which they have for feveral years held out to the public. Parliament has never refused any of their propofals, and yet our affairs have proceeded daily from bad to worse, until we have been brought, ftep by step, to that ftate of confufion, and even civil violence, which was the natural refult of thefe defperate measures. We therefore protest against an addrefs amounting to a declaration of war, which is founded on no proper parliamentary information; which was introduced by refufing to fuffer the prefentation of petitions against it, (although it be the undoubted right of the fubject to prefent the fame); which followed the rejection of every mode of conciliation; which holds out no fubftantial offer of redrefs of grievances; and which promifes fupport to thofe minifters who have inflamed America, and grofsly mifconducted the affairs of Great Britain, |