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contradict him that sir Eyre Coote acted the part of a vigilant, cautious, and in the instance alluded to, of a judicious commander, who having a force composed of some hundred thousands to contend with, had kept the enemy at bay, if he might borrow the sportsman's phrase, and never failed to improve every opportunity to make this sort of barbarians feel at once what they had often felt before, the superior skill and discipline of the British arms. In truth, sir Eyre Coote had no army: he had an handful of men, which he was necessitated to employ in detachments, &c. After several pointed observations of a like tendency, his lordship once more begged leave to submit his proposition to the House, and seriously recommend it to the independent lords present, as the only means of effecting the removal of the present ministry.

Viscount Stormont said he heard the noble marquis with pleasure upon almost every subject his lordship thought fit to deliver his opinions. There was a poished decorum and manliness of sentiment so strongly mixed in all his lordship's discourses, which, although upon certain political subjects they did not coincide with his own, yet never failed to make an impression upon his own mind, sufficient to command that deference which was justly due to his lordship. He said he did not rise to enter into a controversy with the noble marquis about the real state of the nation; the unwise, or worse conduct of ministers; the extent of the evils which we felt, or the greater which were predicted, that would befal us. He did not rise to defend or condemn the measures or execution of the American war, or to determine how far any of his Majesty's ministers may have acted criminally or injudiciously, respecting the recent affair the noble lord so often alluded to. These were fit subjects, perhaps, to be discussed on some future day; they were not now before the House. The real question was merely this: whether a Bill of Supply, which had unanimously passed the other House, should be read a third time; since which the noble marquis moved an amendment, that instead of the word 'now,' should be inserted "the first day after the recess." This he looked upon to all intents and purposes to amount to a direct negative, as to all the substantial ends proposed by a Bill of Supply; because it would, if agreed to, suspend every power, and with them of

course all the effective operations of government. The fleets and armies now in our ports, destined for various quarters of the world, must be locked up until this political interdict should be taken off; for although much might be hazarded by ministers, if the House should determine that no money should be issued for a certain period, he was unacquainted with the men, who would have sufficient confidence to take upon them the expenditure of money, the approbation or disapprobation of which would depend upon the future opinions of parliament.-The noble marquis, among other very strong accusations against ministers, charged them with supineness, with neglect, with incapability; and as the only specific for the evils they had brought on their country, said, that nothing but spirit, unanimity, vigorous exertions, and the most animated attempts, could possibly retrieve our affairs. It was true, his lordship did not promise success, but only hoped, that our affairs might be put upon a respectable footing. Yet while he was in the very act of recommending and suggesting, in the most forcible and pathetic terms, the necessity of vigorous exertions; his lordship, by his motion, was for suspending all exertions whatever. This being the plain result of the argument used by the noble marquis, he flattered himself that noble lords would agree with him, that it was extremely unnecessary to resort to arguments in detail, to persuade them to refuse their consent to the amendment. He should therefore move the order of the day.

The Duke of Chandos approved of the motion of the noble marquis, and rose to second it. He assured their lordships, that he had no communication or concern whatever with the noble lord. He could not help declaring the satisfaction he felt, in these degenerate times, to behold a nobleman attend his duty in that House, not attended with a troop of followers and partizans, encircled with friends and powerful orators, to oppose the measures of government, but silently stealing down to discharge his duty as a loyal subject, in order to oppose the invincible power of an host of adversaries, supported by all the strength of government. He heartily agreed with the noble marquis in every sentiment he had delivered. He thought the motion not only proper, but the only one, in the present state of things, which could save us, or at least

procrastinate our fall. Who would trust such men with a single shilling of the public treasure? He would not. They had deceived, misled, and ruined the nation already. If any noble lord was for again trying the experiment, he was not that man. What! trust in the hands of the present set of ministers the annual parliamentary supply, the only check which the legislature had reserved to itself! In order, he presumed, for he could discover no other reason, to enable them to do more mischief! But even if the evil stopped here it might be borne; but it would not, for they would have it in their power, before their plan of absolute destruction should be accomplished, to follow each successive day, ministerial in famy with public disgrace.-The noble marquis, after describing the immediate dishonour attending our late retreat from the enemy off Brest, drew those fair and rational conclusions which the nature of the public information he had received, well bore him out in: 3,000 men, his lordship observed, were intended for the East Indies, whither, after they had passed Cape Finisterre, they could meet with no interruption. A certain number of the great ships was intended to augment the Spanish squadron at Cadiz, which would constitute a force more than sufficient to shut out the British fleet, if there was any intention of that kind, from relieving our fortresses in the Mediterranean. But the principal motive which induced him to mention this distribution of force, was an expression which fell from the noble marquis, that the retreat of admiral Kempenfeldt would be the means of the loss of the remainder of the West India islands. In this he would anticipate the fears of the noble lord, for he was perfectly convinced, that business would be performed to their hand. He had himself a considerable property in Jamaica, and he had received a letter of a very recent date, from an opulent and respectable inhabitant of that island, informing him, that he waited only for a French force to appear before it to surrender. It was totally defenceless in every respect, and must fall a prey to the first invader, no matter how insignificant.

The Earl of Westmoreland declared the present motion to be as extraordinary a one as had ever been made, and he believed neither the noble marquis, nor the noble duke, could shew him a single precedent for it. He begged their lord

ships to recollect, that at the Revolu tion, all the public revenues had been alienated from the crown, and that a bar. gain had been made between the crown and parliament, for the latter to allow a certain annuity to the former, and also to grant from time to time such supplies as were necessary for supporting govern ment and defending the kingdom. Hence some supply parliament was bound to grant; and it was very singular, when the occasions of the state were allowed on all hands to be most pressing, it should be argued as wise and necessary to withhold the supplies: putting a stop to the armaments for the West and East Indies, and all other essential services, would complete the ruin of the state. The mar quis entertained one opinion of ministers, he entertained a different one; and if the supplies were withheld till the noble mar quis and his friends had settled an administration, he feared they would be with held altogether, as it was obvious the mar quis and his friends held very contradic tory opinions on that head. A particular party in this country and the French mi nisters agreed perfectly in one point, that was, to traduce the present ministers, to weaken, their efforts, to frustrate their plans, to impede their operations, to de feat the execution of them, and to prevent the merited success of their me sures. He concluded against the mar quis's amendment.

The Marquis of Rockingham rose a s cond time; the noble viscount had charg ed him with wanting to stop the exer tions of his Majesty's ministers: so far from that, it was their want of exertion he complained of. Had they not wanted exertion, would admiral Kempenfeldt have been sent with 12 ships to fight 19? It had been declared by a lord of the Admi ralty (Mulgrave) that our navy not only was inferior to that of the House of Bourbon, but that it never could be otherwise. How did this melancholy as sertion agree with the declaration of the first lord of the Admiralty a session or two ago, That a first lord of the Admi ralty deserved to lose his head, if he did not at all times take care to have a navy fit to face that of the House of Bourbon." Was that the case now? The recent affair of admiral Kempenfeldt was but one addi tion to the many proofs of our inferiority, that we had seen and lamented. He had no intention to stop the supplies altoge ther, his motion expressly mentioned, til +

different turn. For example the two small words, " in Europe," he had never heard before. But even in that respect, was not admiral Kempenfeldt inferior in Europe? Other instances of inferiority in Europe might be adduced, therefore the noble lord had not much mended the affair by this last alteration.

the first day after the recess, and the House might only adjourn for ten days if they chose it. Where was the peace with Holland? He feared the Dutch would not treat with administration. Where were our allies? He knew there was a policy in Russia that dictated friendship to Great Britain. He should be happy to find the rumour of a treaty in that quarter authentic. But ministers could neither continue the war, nor make peace. He believed neither France, Spain, nor America would treat with

them.

The Earl of Sandwich said the noble marquis had imputed words to him that never came out of his mouth. He had repeatedly explained the declaration made in a debate five or six years ago. It had been mis-stated in both Houses, and without doors, just as persons had found it most convenient for their purposes. What he had said was this, That it ought ever to be an object with government to keep the navy on as respectable a footing as possible, and to make it equal in Europe to the navy of Bourbon, whenever it could be done." Admiral Kempenfeldt had taken from 15 to 20 transports laden with stores, ammunition, brass ordnance, and troops, which he thought a very important circumstance. The manœuvres of that admiral had done him infinite honour, and proved him to be what every man in the navy had long believed him to be, an officer of great skill, great courage, and great judgment. With regard to the French having 19 ships to our 12, from information he had received, he was persuaded that over night they had no more than 13 or 14 sail, but that they had been reinforced in the night with five sail of heavy ships; had that circumstance not occurred, our success would have been more complete. He hoped no blame would be imputed to admiral Kempenfeldt or any other officer. His lordship was for reading the Land-tax Bill a third time. The Marquis of Rockingham desired it might not go out into the world, that he had imputed the smallest degree of blame to admiral Kempenfeldt. He knew him to be an able officer, but he censured the Admiralty for not having put it in the power of that deserving commander to have rendered the event more successful. With regard to the notorious declaration of the first lord of the Admiralty, it was extraordinary, that every time the noble earl explained it, he gave it a new and a

The Earl of Sandwich complained that it was unparliamentary at all times to recur to words uttered five years ago, and in the present case particularly unjustifiable, because the noble marquis would not allow him to explain his own meaning. He begged their lordships to recollect, that what would have been wise to have said five years ago, might be the reverse now, and vice versa. The words appeared to him to be warrantable at the time, but perhaps they would be injudicious at the present moment. The war had been in a great measure a war of detachment, and considering the variety of pressing calls on the service, every thing had been done for the defence of the country and the annoyance of the enemy that was practicable.

The Bill was read a third time without any division.

Petition from Mr. Laurens presented by Mr. Burke.] Dec. 20. Mr. Burke rose to move for leave to present a petition from Mr. Henry Laurens. This he prefaced with some pertinent replies to what had been suggested from the opposite part of the House, in respect to agreeing to an inquiry being entered into relative to his correspondence with Dr. Franklin, whenever an inquiry should be made respecting the first lord of the Admiralty. With great humour and pleasantry he observed, that, however his conduct might call for an inquiry, on account of his correspondence with Dr. Franklin being deemed misprision of treason, he could not suppose it would be considered of that national consequence with what was then immediately before the House; his correspondence with Dr. Franklin could not produce such fatal calamities as attended the misconduct of the naval department. However that might be, he promised that no papers whatever should be withheld from the inspection of the House, at any time they should think proper to demand them. He wished this might be as minutely granted by the first lord of the Admiralty. He then read the petition, and moved for leave to bring it up. This

being complied with, and the petition read | specting Mr. Laurens, either by himself

by the clerk, he moved that it should lie on the table.

Lord North said, that however Mr. Laurens had there stated the complaint of unparalleled rigour being shewn him in confinement, he believed there was no foundation for such a complaint. Indeed, he might think it rigorous to be at all confined. In respect to his enlargement, it was true, an indirect application had been made to him, which he did not receive till last night; so that it was impossible to grant him that relief which his languid situation might require. There must be a proper time to consider on the means, and its necessity. But as the hon. gentleman had pledged himself to prove the truth of this rigour, he should defer saying much more on that particular, until the inquiry was made. It might be necessary to have the warden of the Tower before that House. It would then appear whether Mr. Laurens had not informed him that he was perfectly satisfied with the treatment he had received. The hon. gentleman had particularly complained of the cruel and impolitic treatment of Mr. Laurens. He did not know how they were to act if the laws were not to be the standard of their actions. Before the hon. gentleman could condemn the conduct of ministry in this particular, it was necessary to prove, wherein they had acted contrary to the laws.

or others, but what vouchers should be brought in vindication of its truth. The noble lord had said, that before he reprobated the conduct of ministry, in being cruel and impolitic in their treatment of Mr. Laurens, it was necessary to prove wherein they had departed from the tenor of the laws. Thus far he must differ in opinion with the noble lord. One part of what he had alledged, was by the presentation of that petition brought to issue. He had been accused of representing cir cumstances of harsh, impolitic measures in respect to Mr. Laurens, which were absolutely false. It was said that he himseli would not complain of such treatment. For he had declared to others, of his perfect satisfaction in his confinement as a prisoner. This declaration was now brought to issue. Mr. Laurens had himself complained in such a manner, as proved this assertion to be false, and what he had before asserted of his usage to be true. Therefore nothing now remained, but to prove the bad policy of using the presi dent of the American congress with such uncommon severity. The noble lord had sought refuge for his conduct in the sanc tuary of the laws. But surely he knew better than to apply this to his present conduct. He was a logician, and could perceive the difference between the justifying an action necessarily lawful, and absolutely imp litic, although sanctified by that authority. A matter might be lawful, but not, therefore, expedient. There was a material distinction. Supposing the noble lord had a mine which produced him an inmense income, that the management of this mine depended on the sole governance of one man who might owe him 10. would the noble lord consider it policy in him to arrest this man? Lawful it cer tainly was. But would he prove it expe dient? He certainly would not, unless he chose to suffer the destruction, perhaps the annihilation of his possession.

Mr. Burke said, that the noble lord was not such a child as to suppose he would enter into an inquiry how far the proceedings in the Tower were justifiable. He should not enter into the rigorous proceedings of that disgraceful prison, nor should he consider how far they were to be countenanced by law. He should only consider how far that power was extended beyond the line of prudence and humanity. In respect to his having pledged himself to the House to prove every particular complaint of Mr. Laurens' treatment, did the noble lord imagine he meant Lord North observed the hon. gentleto attempt what was in itself so imprac. man had said, that of the several points, one ticable? No. He could not pretend to was already brought to issue. He begged prove every particular of rigorous pro- leave to differ in opinion. All that could ceeding within those walls. It was im- be said in its favour was, that Mr. Laupossible. He therefore wished it might rens had really complained of very severe be understood, that all he meant was, and unprecedented hardships, arising from whatever had been alledged before, or set the mode and nature of his present con forth in that petition, then lying on the finement. The truth of it still remained table, he would bring such evidence as to be proved. For from what had already should testify the authenticity of the appeared before that House, there was as whole. Nothing had been advanced re-strong a presumption to credit the lenity

as the rigour of his situation. Until either of these were proved to be true or false, neither of the contraries could properly be said to be at issue. In regard to the bad policy of confining Mr. Laurens as a prisoner of state, instead of a prisoner of war, the hon. gentleman had related a circumstance of arresting a necessary servant for 10%. He would aver there was no similarity in the circumstances. The necessity of the one was dispensible, the other indispensible. Mr. Laurens was confined from the requisition of law and circumstances.

Mr. Mansfield said, there was no possibility of committing Mr. Laurens, but under the denomination of a state prisoner: for if we had treated him as a prisoner of war, he would long ere this have been in full enjoyment of his liberty. Would not this have been impolitic, to have placed him in the possession of that for which he is now confined. It was therefore not only lawful, but necessary, to confine him as a criminal: so that, notwithstanding what the hon. gentleman had said in regard to the necessity for the noble lord renewing annually an act in support of Mr. Laurens' confinement, it was quite otherwise. There was no such necessity. Policy, law, and justice united in confining Mr. Laurens as a prisoner of state, and not a prisoner of war.

tended every act of kindness in his power to persons called Loyalists and Quietists, as well as to British prisoners of war; very ample proofs of which he can produce.That he was captured on the American coast, first landed upon American ground, where he saw exchange of British and American prisoners in a course of negotiation; and that such exchange and enlargements upon parole are mutually and daily practised in America.-That he was committed to the Tower on the 6th of October, 1780, being then dangerously ill; that in the mean time he has, in many respects, particularly by being deprived (with very little exception) of the visits and consolations of his children, and other relations and friends, suffered under a degree of rigour almost, if not altogether, unexampled in modern British history.-That from long confinement, and the want of proper exercise, and other obvious causes, his bodily health is greatly impaired, and that he is now in a languishing state; and, therefore, your representer humbly prays your honours will condescend to take his case into consideration; and, under proper conditions and restrictions, grant him enlargement, or such other relief, as to the wisdom and benignity of your honours shall seem fitting.

HENRY LAURENS." "Tower of London, Dec. 1, 1781."

1782.

Debate in the Commons on Mr. Fox's

The Petition was ordered to lie on the table. The following is a copy thereof: To the Right Hon. Charles Wolfran Cornwall, Speaker, and the Hon. the House of Commons. The Representation and Prayer of Henry Laurens, a native of South Carolina, some time recognized by the British Commissioners in America, by the style and title of his Ex-into cellency Henry Laurens, President of Congress, now a close prisoner in the

Tower of London,

"Most respectfully sheweth, "That your representer for many years, at the peril of his life and fortune, evidently laboured to preserve and strengthen the ancient friendship between GreatBritain and the Colonies; and that in no instance he ever excited, on either side, the dissentions which separated them. That the commencement of the present war was a subject of great grief to him, in as much as he foresaw and foretold, in letters now extant, the distresses which both countries experience at this day. That in the rise and progress of the war, he ex

Motion for an Enquiry into the Causes of the Want of Success of the British Navy. January 24. In pursuance of the notice he had given,

the causes of the want of success of Mr. Fox rose to move for an enquiry his Majesty's naval forces during this war, and more particularly in the year 1781. He began with saying, that he was perfectly convinced of the difficulty of the undertaking, and also of the general impropriety of instituting an inquiry into the conduct of men intrusted with the powers and influence of government. It was always ineligible, and at times dangerous; for the men, entrusted with the powers of the administration, had it in their power to rise superior to the impotence of inquiry, however just; and by means of the influence and the strength of office were able to crush the efforts of those who endeavoured to expose their misconduct. Gentlemen were therefore averse from the

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