SESSION OPENED.

On the second day of December, his majesty opened the session of parliament with a speech that seemed to be dictated by the genius of England. He expressed his confidence, that, under the guidance of Divine Providence, the union, fortitude, and affection of his people would enable him to surmount all difficulties, and vindicate the dignity of his crown against the ancient enemy of Great Britain. He declared, that the succour and preservation of America constituted a main object of his attention and solicitude; and observed, that the growing dangers to which the British colonies might stand exposed, from late losses in that country, demanded resolutions of vigour and despatch. He said, an adequate and firm defence at home should maintain the chief place in his thoughts; and in this great view he had nothing so much at heart as to remove all grounds of dissatisfaction from his people; for this end, he recommended to the care and diligence of the parliament the framing of a national militia, planned and regulated with equal regard to the just rights of his crown and people; an institution which might become one good resource in time of general danger. He took notice that the unnatural union of councils abroad, the calamities which, in consequence of this unhappy conjunction, might, by irruptions of foreign armies into the empire, shake its constitution, overturn its system, and threaten oppression to the protestant interest on the continent, were events which must sensibly affect the minds of the British nation, and had fixed the eyes of Europe on this new and dangerous crisis. He gave them to understand that the body of his electoral troops, which were brought hither at the desire of his parliament, he had now directed to return to his dominions in Germany, relying with pleasure on the spirit and zeal of his people, in defence of his person and realm. He told the commons that he confided in their wisdom, for preferring more vigorous efforts, though more expensive, to a less effectual, and therefore less frugal plan of war; that he had placed before them the dangers and necessities of the public; and it was their duty to lay the burdens they should judge unavoidable in such a manner as would least disturb and exhaust his people. He expressed his concern for the sufferings of the poor, arising from the present dearth of corn, and for the disturbances to which it had given rise; and exhorted his parliament to consider of proper provisions for preventing the like mischiefs hereafter. He concluded with remarking, that unprosperous events of war in the Mediterranean, had drawn from his subjects signal proofs how dearly they tendered the honour of his crown; therefore, they could not, on his part, fail to meet with just returns of unwearied care, and unceasing endeavours for the glory, prosperity, and happiness of his people.



DEBATES ON THE ADDRESS.

The king having retired from the house of peers, the speech was read by lord Sandys, appointed to act as speaker to that house; then earl Gower moved for an address, which, however, was not carried without objection. In one part of it his majesty was thanked for having caused a body of electoral troops to come into England at the request of his parliament; and this article was disagreeable to those who had disapproved of the request in the last session. They said they wished to see the present address unanimously agreed to by the lords; a satisfaction they could not have, if such a paragraph should be inserted; for they still thought the bringing over Hanoverian troops a preposterous measure; because it had not only loaded the nation with an enormous expense, but also furnished the court of France with a plausible pretence for invading the electorate, which otherwise it would have no shadow of reason to attack; besides, the expedient was held in reprobation by the subjects in general, and such a paragraph might be considered as an insult on the people. Notwithstanding these exceptions, which did not seem to be very important, the address, including this paragraph, was approved by a great majority.



BILL PASSED FOr PROHIBITING THE EXPORTATION OF CORN.

In the address of the commons no such paragraph was inserted. As soon as the speaker had recited his majesty's speech, Mr. Charles Townshend proposed the heads of an address, to which the house unanimously agreed; and it was presented accordingly. This necessary form was no sooner discussed, than the house, with a warmth of humanity and benevolence suitable to such an assembly, resolved itself into a committee, to deliberate on that part of his majesty's speech which related to the dearth of corn that so much distressed the poorer class of people. A bill was immediately framed to prohibit, for a time limited, the exportation of corn, malt, meal, flour, bread, biscuit, and starch; and a resolution unanimously taken to address the sovereign, than an embargo might be forthwith laid upon all ships laden or to be laden with these commodities, to be exported from the ports of Great Britain and Ireland. At the same time, vice-admiral Boscawen, from the board of admiralty, informed the house, that the king and the board having been dissatisfied with the conduct of admiral Byng, in a late action with the French fleet in the Mediterranean, and for the appearance of his not having acted agreeably to his instructions for the relief of Minorca, he was then in custody of the marshal of the admiralty, in order to be tried by a court-martial; that although this was no more than what was usual in like cases, yet as admiral Byng was then a member of the house, and as his confinement might detain him some time from his duty there, the board of admiralty thought it a respect due to the house to inform them of the commitment and detainer of the said admiral. This message being delivered, the journal of the house in relation to rear-admiral Knowles [392] [See note 3 E, at the end of this Vol] was read, and what Mr. Boscawen now communicated was also inserted.

The committees of supply, and of ways and means, being appointed, took into consideration the necessities of the state, and made very ample provision for enabling his majesty to maintain the war with vigour.

{1757}

They granted fifty-five thousand men for the sea-service, including eleven thousand four hundred and nineteen marines; and for the land-service, forty-nine thousand seven hundred and forty-nine effective men, comprehending four thousand and eight invalids. The supply was granted for the maintenance of these forces, as well as for the troops of Hesse and Hanover; for the ordnance; the levy of new regiments; for assisting his majesty in forming and maintaining an army of observation, for the just and necessary defence and preservation of his electoral dominions, and those of his allies; and towards enabling him to fulfil his engagements with the king of Prussia; for the security of the empire against the irruption of foreign armies,* as well as for the support of the common cause; for building and repairs of ships, hiring transports, payment of half-pay officers, and the pensions of widows; for enabling his majesty to discharge the like sum, raised in pursuance of an act passed in the last session of parliament, and charged upon the first aids or supplies to be granted in this session; for enabling the governors and guardians of the hospital for the maintenance and education of exposed and deserted young children, to receive all such children, under a certain age, as should be brought to the said hospital within the compass of one year;** for maintaining and supporting the new settlement of Nova Scotia; for repairing and finishing military roads; for making good his majesty's engagement with the landgrave of Hesse-Cassel; for the expense of marching, recruiting, and remounting German troops in the pay of Great Britain; for empowering his majesty to defray any extraordinary expenses of the war, incurred, or to be incurred, for the service of the ensuing year, and to take all such measures as might be necessary to disappoint or defeat any enterprises or designs of his enemies, as the exigency of affairs should require; for the payment of such persons, in such a manner as his majesty should direct; for the use and relief of his subjects in the several provinces of North and South Carolina and Virginia, in recompence for such services as, with the approbation of his majesty's commander-in-chief in America, they respectively had performed, or should perform, either by putting these provinces in a state of defence, or by acting with vigour against the enemy; for enabling the East India company to defray the expense of a military force in their settlements, to be maintained in them, in lieu of a battalion of his majesty's forces withdrawn from those forts and factories; for the maintenance and support of the forts on the coast of Africa; for widening the avenues, and rendering more safe and commodious the streets and passages leading from Charing Cross to the two houses of parliament, the court of justice, and the new bridge at Westminster.***

* Nothing could more gloriously evince the generosity of a British parliament, than this interposition for defending the liberties of Germany, in conjunction with two electors only, against the sense of the other seven, and in direct opposition to the measures taken by the head of the empire, who, in the sequel, stigmatized these two princes as rebels, and treated one of them as an outlaw.

** This charity, established by voluntary contribution, might, under proper restrictions, prove beneficial to the commonwealth, by rescuing deserted children from misery and death, and qualifying them for being serviceable members of the community; but since the liberality of parliament hath enabled the governors and corporation to receive all the children that are presented, without question or limitation, the yearly expense hath swelled into a national grievance, and the humane purposes of the original institution are, in a great measure, defeated. Instead of an asylum for poor forlorn orphans and abandoned foundlings, it is become a general receptacle for the offspring of the dissolute, who care not to work for the maintenance of their families. The hospital itself is a plain edifice, well contrived for economy and convenience, standing on the north side of the city, and a little detached from it, in an agreeable and salubrious situation. The hall is adorned with some good paintings, the chapel is elegant, and the regulations are admirable.

*** The bridge at Westminster may be considered as a national ornament. It was built at the public expense, from the neighbourhood of Westminster Hall to the opposite side of the river, and consists of thirteen arches, constructed with equal elegance and simplicity.

Such were the articles under which we may specify the supplies of this year, on the whole amounting to eight millions three hundred and fifty thousand three hundred and twenty-five pounds, nine shillings and three pence. It must be acknowledged, for the honour of the administration, that the house of commons could not have exhibited stronger marks of their attachment to the crown and person of their sovereign, as well as of their desire to see the force of the nation exerted with becoming spirit. The sums granted by the committee of supply did not exceed eight millions three hundred and fifty thousand three hundred and twenty-five pounds, nine shillings and three pence; the funds established amounted to eight millions six hundred and eighty-nine thousand and fifty-one pounds, nineteen shillings and seven-pence; so that there was an overplus of three hundred and thirty-eight thousand seven hundred and twenty-six pounds, ten shillings and four pence; an excess which was thought necessary, in case the lottery, which was founded on a new plan, should not succeed.



REFLECTIONS ON THE CONTINENTAL WAR.

Some of these impositions were deemed grievous hardships by those upon whom they immediately fell; and many friends of their country exclaimed against the projected army of observation in Germany, as the commencement of a ruinous continental war, which it was neither the interest of the nation to undertake, nor in their power to maintain, without starving the operations by sea, and in America, founded on British principles; without contracting such an additional load of debts and taxes, as could not fail to terminate in bankruptcy and distress. To those dependents of the ministry, who observed that as Hanover was threatened by France for its connexion with Great Britain, it ought, in common gratitude, to be protected, they replied, that every state, in assisting any ally, ought to have a regard to its own preservation: that, if the king of England enjoyed by inheritance, or succession, a province in the heart of France, it would be equally absurd and unjust, in case of a rupture with that kingdom, to exhaust the treasures of Great Britain in the defence of such a province; and yet the inhabitants of it would have the same right to complain that they suffered for their connexion with England. They observed, that other dominions, electorates, and principalities in Germany, were secured by the constitutions of the empire, as well as by fair and equal alliances with their co-estates; whereas Hanover stood solitary, like a hunted deer avoided by the herd, and had no other shelter but that of shrinking under the extended shield of Great Britain: that the reluctance expressed by the German princes to undertake the defence of these dominions, flowed from a firm persuasion, founded on experience, that England would interpose as a principal, and not only draw her sword against the enemies of the electorate, but concentrate her chief strength in that object, and waste her treasures in purchasing their concurrence; that exclusive of an ample revenue drained from the sweat of the people, great part of which had been expended in continental efforts, the whole national debt incurred, since the accession of the late king, had been contracted in pursuance of measures totally foreign to the interest of these kingdoms: that, since Hanover was the favourite object, England would save money, and great quantities of British blood, by allowing France to take possession of the electorate, paying its ransom at the peace, and indemnifying the inhabitants for the damage they might sustain; an expedient that would be productive of another good consequence, it would rouse the German princes from their affected indifference, and oblige them to exert themselves with vigour, in order to avoid the detested neighbourhood of such an enterprising invader.



MESSAGES FROM THE KING TO THE PARLIAMENT.

The article of the supply relating to the army of observation, took rise from a message signed by his majesty, and presented by Mr. Pitt, now promoted to the office of principal secretary of state; a gentleman who had, upon sundry occasions, combated the gigantic plan of continental connexions with all the strength of reason, and all the powers of eloquence. He now imparted to the house an intimation, importing, it was always with reluctance that his majesty asked extraordinary supplies of his people; but as the united councils, and formidable preparations of France and her allies threatened Europe in general with the most alarming consequence; and as these unjust and vindictive designs were particularly and immediately bent against his majesty's electoral dominions, and those of his good ally the king of Prussia, his majesty confided in the experienced zeal and affection of his faithful commons, that they would cheerfully assist him in forming and maintaining an army of observation, for the just and necessary defence and preservation of those territories, and enable him to fulfil his engagements with his Prussian majesty, for the security of the empire against the irruption of foreign armies, and for the support of the common cause. Posterity will hardly believe, that the emperor and all the princes of Germany were in a conspiracy against their country, except the king of Prussia, the elector of Hanover, and the landgrave of Hesse-Cassel; and they will, no doubt, be surprised, that Great Britain, after all the treaties she had made, and the numberless subsidies she had granted, should not have an ally left, except one prince, so embarrassed in his own affairs, that he could grant lier no succour, whatever assistance he might demand. The king's message met with as favourable a reception as he could have desired. It was read in the house of commons, together with, a copy of the treaty between his majesty and the king of Prussia, including the secret and separate article, and the declaration signed on each side by the plenipotentiaries at Westminster: the request was granted, and the convention approved. With equal readiness did they gratify his majesty's inclination, signified in another message, delivered on the seventeenth day of May, by lord Bateman, intimating, that in this critical juncture, emergencies might arise of the utmost importance, and be attended with the most pernicious consequences, if proper means should not be immediately applied to prevent or defeat them; his majesty was, therefore, desirous that the house would enable him to defray any extraordinary expenses of the war, incurred or to be incurred for the service of the current year; and to take all such measures as might be necessary to disappoint or defeat any enterprises or designs of his enemies, as the exigency of affairs might require. The committee of supply forthwith granted a very large sum for these purposes, including the charge of German mercenaries. A like message being at the same time communicated to the upper house, their lordships voted a very loyal address upon the occasion; and when the article of supply, which it produced among the commons, fell under their inspection, they unanimously agreed to it, by way of a clause of appropriation.



MEASURES TAKEN TO REMOVE THE SCARCITY OF CORN.

We have already observed, that the first bill which the commons passed in this session, was for the relief of the poor, by prohibiting the exportation of corn; but this remedy not being judged adequate to the evil, another bill was framed, removing, for a limited time, the duty then payable upon foreign corn and flour imported; as also permitting, for a certain time, all such foreign corn, grain, meal, bread, biscuit, and flour, as had been or should be taken from the enemy, to be landed and expended in the kingdom duty free. In order still more to reduce the high price of corn, and to prevent any supply of provisions from being sent to our enemies in America, a third bill was brought in, prohibiting, for a time therein limited, the exportation of corn, grain, meal, malt, flour, bread, biscuit, starch, beef, pork, bacon, or other victual, from any of the British plantations, unless to Great Britain or Ireland, or from one colony to another. To this act two clauses were added, for allowing those necessaries, mentioned above, to be imported in foreign built ships, and from any state in amity with his majesty, either into Great Britain or Ireland; and for exporting from Southampton or Exeter to the Isle of Man, for the use of the inhabitants, a quantity of wheat, barley, oats, meal, or flour, not exceeding two thousand five hundred quarters. The commons would have still improved their humanity, had they contrived and established some effectual method to punish those unfeeling villains, who, by engrossing and hoarding up great quantities of grain, had created this artificial scarcity, and deprived their fellow-creatures of bread, with a view to their own private advantage. Upon a subsequent report of the committee, the house resolved, that, to prevent the high price of wheat and bread, no spirits should be distilled from wheat for a limited time. While the bill, formed on this resolution, was in embryo, a petition was presented to the house by the brewers of London, Westminster, Southwark, and parts adjacent, representing, that, when the resolution passed, the price of malt, which was before too high, immediately rose to such a degree, that the petitioners found themselves utterly incapable of carrying on business at the price malt then bore, occasioned, as they conceived, from an apprehension of the necessity the distillers would be under to make use of the best pale malt, and substitute the best barley in lieu of wheat: that, in such a case, the markets would not be able to supply a sufficient quantity of barley for the demands of both professions, besides other necesssary uses: they therefore prayed, that, in regard to the public revenue, to which the trade of the petitioners so largely contributed, proper measures might be taken for preventing the public loss, and relieving their particular distress. The house would not lend a deaf ear to a remonstrance in which the revenue was concerned. The members appointed to prepare the bill, immediately received instructions to make provision in it to restrain, for a limited time, the distilling of barley, malt, and all grain whatsoever. The bill was framed accordingly, but did not pass without strenuous opposition. To this prohibition it was objected, that there are always large quantities of wheat and barley in the kingdom so much damaged, as to be unfit for any use but the distillery, consequently a restriction of this nature would ruin many farmers, and others employed in the trade of malting. Particular interests, however, must often be sacrificed to the welfare of the community; and the present distress prevailed over the prospect of this disadvantage. If they had allowed any sort of grain to be distilled, it would have been impossible to prevent the distilling of every kind. The prohibition was limited to two months; but at the expiration of that term, the scarcity still continuing, it was protracted by a new bill to the eleventh day of December, with a proviso, empowering his majesty to put an end to it at any time after the eleventh day of May, if such a step should be judged for the advantage of the kingdom.

{GEORGE II. 1727-1760}



MILITIA BILL.

The next bill that engaged the attention of the commons, was a measure of the utmost national importance, though secretly disliked by many individuals of the legislature, who, nevertheless, did not venture to avow their disapprobation. The establishment of a militia was a very popular and desirable object, but attended with numberless difficulties, and a competition of interests which it was impossible to reconcile. It had formerly been an inexhaustible source of contention between the crown and the commons; but now both apparently concurred in rendering it serviceable to the commonwealth, though some acquiesced in the scheme, who were not at all hearty in its favour. On the fourth day of December, a motion was made for the bill, by colonel George Townshend, eldest son of lord viscount Townshend, a gentleman of courage, sense, and probity; endued with penetration to discern, and honesty to pursue, the real interest of his country, in defiance of power, in contempt of private advantages. Leave being given to bring in a bill for the better ordering of the militia forces in the several counties of England, the task of preparing it was allotted to Mr. Townshend, and a considerable number of the most able members in the house, comprehending his own brother, Mr. Charles Townshend, whose genius shone with distinguished lustre: he was keen, discerning, eloquent, and accurate; possessed a remarkable vivacity of parts, with a surprising solidity of understanding; was a wit without arrogance, a patriot without prejudice, and a courtier without dependance.

While the militia bill remained under consideration in the house, a petition for a constitutional and well-regulated militia was presented by the mayor, jurats, and commonalty of the king's town and parish of Maidstone, in Kent, in common-council assembled. At the same time remonstrances were offered by the protestant dissenting ministers of the three denominations in and about the cities of London and Westminster; by the protestant dissenters of Shrewsbury; the dissenting ministers of Devonshire; the protestant dissenters, being freeholders and burgesses of the town and county of the town of Nottingham, joined with other inhabitants of the church of England, expressing their apprehension, that, in the bill then depending, it might be proposed to enact, that the said militia should be exercised on the Lord's day, commonly called Sunday, and praying that no clause for such purpose might pass into a law. Though nothing could be more ridiculously fanatic and impertinent than a declaration of such a scruple against a practice so laudable and necesssary, in a country where that day of the week is generally spent in merry-making, riot, and debauchery, the house paid so much regard to the squeamish consciences of those puritanical petitioners, that Monday was pitched upon for the day of exercise to the militia, though on such working days they might be much more profitably employed, both for themselves and their country; and that no religious pretence should be left for opposing the progress and execution of the bill, proper clauses were inserted for the relief of the quakers. Another petition and counter-petition were delivered by the magistrates, freeholders, and burgesses of the town of Nottingham, in relation to their particular franchises, which were accordingly considered in framing the bill.

After mature deliberation, and divers alterations, it passed the lower house, and was sent to the lords for their concurrence: here it underwent several amendments, one of which was the reduction of the number of militia-men to one half of what the commons had proposed; namely, to thirty-two thousand three hundred and forty men for the whole kingdom of England and Wales. The amendments being canvassed in the lower house, met with some opposition, and divers conferences with their lordships ensued; at length, however, the two houses agreed to every article, and the bill soon received the royal sanction. No provision, however, was made for clothes, arms, accoutrements, and pay: had regulations been made for these purposes, the act would have become a money-bill, in which the lords could have made no amendment: in order, therefore, to prevent any difference between the two houses, on a dispute of privileges not yet determined, and that the house of peers might make what amendments they should think expedient, the commons left the expense of the militia to be regulated in a subsequent bill, during the following session, when they could, with more certainty, compute what sum would be necessary for these purposes. After all, the bill seemed to be crude, imperfect, and ineffectual, and the promoters of it were well aware of its defects; but they were apprehensive that it would have been dropped altogether, had they insisted upon the scheme being executed in its full extent. They were eager to seize this opportunity of trying an experiment, which might afterwards be improved to a greater national advantage; and, therefore, they acquiesced in many restrictions and alterations, which otherwise would not have been adopted.



BILL FOR QUARTERING FOREIGN TROOPS, &c.

The next measure that fell under the consideration of the house, was rendered necessary by the inhospitable perseverance of the publicans and inn-holders, who conceived themselves not obliged by law to receive or give quarters in their houses to any foreign troops, and accordingly refused admittance to the Hessian auxiliaries, who began to be dreadfully incommoded by the severity of the weather. This objection implying an attack upon the prerogative, the government did not think fit, at this juncture, to dispute any other way, than by procuring a new law in favour of those foreigners. It was intituled, "A bill to make provision for quartering the foreign troops now in this kingdom," prepared by lord Barrington, the chancellor of the exchequer, and the solicitor-general, and immediately passed without opposition. This step being taken, another bill was brought in, for the regulation of the marine forces while on shore. This was almost a transcript of the mutiny act, with this material difference: it empowered the admiralty to grant commissions for holding general courts-martial, and to do every thing, and in the same manner, as his majesty is empowered to do by the usual mutiny bill; consequently every clause was adopted without question.



BILL FOR THE MORE SPEEDY RECRUITING THE LAND-FORCES AND MARINES, &c.

The same favourable reception was given to a bill for the more speedy and effectual recruiting his majesty's land-forces and marines; a law which threw into the hands of many worthless magistrates an additional power of oppressing their fellow-creatures: all justices of the peace, commissioners of the land-tax, magistrates of corporations and boroughs, were empowered to meet by direction of the secretary at war, communicated in precepts issued by the high sheriffs, or their deputies, within their respective divisions, and at their usual place of meeting, to qualify themselves for the execution of the act: then they were required to appoint the times and places for their succeeding meetings; to issue precepts to the proper officers for these succeeding meetings; and to give notice of the time and place of every meeting to such military officer, as, by notice from the secretary at war, should be directed to attend that service. The annual bill for preventing mutiny and desertion met with no objections, and indeed contained nothing essentially different from that which had passed in the last session. The next law enacted, was, for further preventing embezzlement of goods and apparel, by those with whom they are intrusted, and putting a stop to the practice of gaming in public houses. By this bill a penalty was inflicted on pawnbrokers, in a summary way, for receiving goods, knowing them not to be the property of the pledger, and pawned without the authority of the owner. [395] [See note 3 F, at the end of this Vol.] With respect to gaming, the act ordained that all publicans suffering journeymen, labourers, servants, or apprentices, to game with cards, dice, shuffleboards, mississippi, or billiard tables, skittles, nine-pins, &c. should forfeit forty shillings for the first offence, and for every subsequent offence, ten pounds shall be levied by distress.

Divers inconveniences having resulted from the interposition of justices, who, in pursuance of an act of parliament passed in the present reign, assumed the right of establishing rates for the payment of wages to weavers, several petitions wore offered to the house of commons, representing the evil consequences of such an establishment; and although these arguments were answered and opposed in counter-petitions, the commons, actuated by a laudable concern for the interest of the woolen manufacture, after due deliberation, removed the grievance by a new bill, repealing so much of the former act as empowered justices of peace to make rates for the payment of wages. [396] [See note 3 G, at the end of this Vol.] The commons were not more forward to provide supplies for prosecuting the war with vigour, than ready to adopt new regulations for the advantage of trade and manufactures. The society of the free British fishery presented a petition, alleging, that they had employed the sum of one hundred and thirty thousand three hundred and five pounds, eight shillings and sixpence, together with the entire produce of their fish, and all the monies arising from the several branches allowed on the tonnage of their shipping, and on the exportation of their fish, in carrying on the said fishery; and that, from their being obliged, in the infancy of the undertaking, to incur a much larger expense than was at that time foreseen, they now found themselves so far reduced in their capital, as to be utterly incapable of further prosecuting the fisheries with any hope of success, unless indulged with the further assistance of parliament. They prayed, therefore, that, towards enabling them to carry on the said fisheries, they might have liberty to make use of such nets as they should find best adapted to the said fisheries; each buss, nevertheless, carrying to sea the same quantity and depth of netting, which, by the fishery acts, they were then bound to carry: that the bounty of thirty shillings per ton, allowed by the said acts on the vessels employed in the fishery, might be increased; and forasmuch as many of the stock proprietors were unable to advance any further sum for prosecuting this branch of commerce; and others unwilling in the present situation, and under the present restraints, to risk any further sum in the undertaking; that the stock of the society, by the said acts made unalienable, except in case of death or bankruptcy, for a term of years, might forthwith be made transferable; and that the petitioners might be at liberty, between the intervals of the fishing seasons, to employ the busses in such a manner as they should find for the advantage of the society. While the committee was employed in deliberating on the particulars of this remonstrance, another was delivered from the free British fishery chamber of Whitehaven in Cumberland, representing, that as the law then stood, they went to Shetland, and returned at a great expense and loss of time; and while the war continued, durst not stay there to fish, besides being obliged to run the most imminent risks, by going and returning without convoy: that, ever since the institution of the present fishery, experience had fully shown the fishery of Shetland not worth following, as thereby the petitioners had lost two months of a much better fishery in St. George's channel, within one day's sail of Whitehaven: they took notice, that the free British fishery society had applied to the house for further assistance and relief; and prayed that Campbelton, in Argyleshire, might be appointed the place of rendezvous for the busses belonging to Whitehaven, for the summer as well as the winter fishery, that they might be enabled to fish with greater advantage. The committee having considered the matter of both petitions, were of opinion that the petitioners should be at liberty to use such nets as they should find best adapted to the white herring fishery: that the bounty of thirty shillings per ton should be augmented to fifty: that the petitioners should be allowed, during the intervals of the fishing seasons, to employ their vessels in any other lawful business, provided they should have been employed in the herring fishery during the proper seasons: that they might use such barrels for packing the fish as they then used, or might hereafter find best adapted for that purpose: that they should have liberty to make use of any waste or uncultivated land, one hundred yards at the least above high water mark, for the purpose of drying their nets; and that Campbelton would be the most proper and convenient place for the rendezvous of the busses belonging to Whitehaven. This last resolution, however, was not inserted in the bill which contained the other five, and in a little time received the royal assent.



ACT FOR IMPORTING AMERICAN IRON DUTY FREE.

Such are the connexions, dependencies, and relations subsisting between the mechanical arts, agriculture, and manufactures of Great Britain, that it requires study, deliberation, and inquiry in the legislature to discern and distinguish the whole scope and consequences of many projects offered for the benefit of the commonwealth. The society of merchant adventurers in the city of Bristol, alleged, in a petition to the house of commons, that great quantities of bar-iron were imported into Great Britain from Sweden, Russia, and other parts, chiefly purchased with ready money, some of which iron was exported again to Africa and other places: and the rest wrought up by the manufacturers. They affirmed that bar-iron, imported from North America, would answer the same purposes; and the importation of it tend not only to the great advantage of the kingdom, by increasing its shipping and navigation, but also to the benefit of the British colonies: that by an act passed in the twenty-third year of his present majesty's reign, the importation of bar-iron from America into the port of London, duty free, was permitted; but being carried coastwise, or farther by land than ten miles, had been prohibited; so that several very considerable manufacturing towns were deprived of the use of American iron, and the out-ports prevented from employing it in their export commerce: they requested, therefore, that bar-iron might be imported from North America into Great Britain, duty free, by all his majesty's subjects. This request being reinforced by many other petitions from different parts of the kingdom, other classes of men, who thought their several interests would be affected by such a measure, took the alarm; and, in divers counter-petitions, specified many ill consequences which they alleged would arise from its being enacted into a law. Pamphlets were published on both sides of the question, and violent disputes were kindled upon this subject, which was justly deemed a matter of national importance. The opposers of the bill observed, that large quantities of iron were yearly produced at home, and employed multitudes of poor people, there being no less than one hundred and nine forges in England and Wales, besides those erected in Scotland, the whole producing eighteen thousand tons of iron: that as the mines in Great Britain are inexhaustible, the produce would of late years have been considerably increased, had not the people been kept under continual apprehension of seeing American iron admitted duty free: a supposition which had prevented the traders from extending their works, and discouraged many from engaging in this branch of traffic; they alleged that the iron works, already carried on in England, occasioned a consumption of one hundred and ninety-eight thousand cords of wood, produced in coppices that grow upon barren lands, which could not otherwise be turned to any good account: that as the coppices afford shade, and preserve a moisture in the ground, the pasture is more valuable with the wood, than it would be if the coppices were grubbed up; consequently all the estates, where these now grow, would sink in their yearly value; that these coppices, now cultivated and preserved for the use of the iron works, are likewise absolutely necessary for the manufacture of leather, as they furnish bark for the tanners, and that, according to the management of these coppices, they produced a great number of timber trees, so necessary for the purposes of building. They asserted, that neither the American iron, nor any that had yet been found in Great Britain, was so proper for converting into steel as that which conies from Sweden, particularly that sort called ore ground; but as there are mines in the northern parts of Britain, nearly in the same latitude with those of Sweden, furnished with sufficient quantities of wood, and rivers for mills and engines, it was hardly to be doubted but that people would find metal of the same quality, and, in a few years, be able to prevent the necessity of importing iron either from Sweden or Russia. They inferred that American iron could never interfere with that which Great Britain imported from Sweden, because it was not fit for edged-tools, anchors, chain plates, and other particulars necessary in ship building; nor diminish the importation of Russian iron, which was not only harder than the American and British, but also could be afforded cheaper than that brought from our own plantations, even though the duty of this last should be removed. The importation of American iron, therefore, duty free, could interfere with no other sort but that produced in Britain, with which, by means of this advantage, it would clash so much, as to put a stop in a little time to all the iron works now carried on in the kingdom, and reduce to beggary a great number of families whom they support. To these objections the favourers of the bill solicited replied, that when a manufacture is much more valuable than the rough materials, and these cannot be produced at home in sufficient quantities, and at such a price as is consistent with the preservation of the manufacture, it is the interest of the legislature, to admit a free importation of these materials, even from foreign countries, although it should put an end to the production of that material in this island: that as the neighbours of Great Britain are now more attentive than ever to their commercial interests, and endeavouring to manufacture their rough materials at home, this nation must take every method for lowering the price of materials, otherwise in a few years it will lose the manufacture; and, instead of supplying other countries, be furnished by them with all the fine toys and utensils made of steel and iron; that being in danger of losing not only the manufacture but the produce of iron, unless it can be procured at a cheaper rate than that for which it is sold at present, the only way of attaining this end is by diminishing the duty payable upon the importation of foreign iron, or by rendering it necessary for the undertakers of the iron mines in Great Britain to sell their produce cheaper than it has been for some years afforded; that the most effectual method for this purpose is to raise up a rival, by permitting a free importation of all sorts of iron from the American plantations; that American iron can never be sold so cheap as that of Britain can be afforded; for, in the colonies, labour of all kinds is much dearer than in England: if a man employs his own slaves, he must reckon in his charge a great deal more than the common interest of their purchase money, because, when one of them dies, or escapes from his master, he losses both interest and principal; that the common interest of money in the plantations is considerably higher than in England, consequently no man in that country will employ his money in any branch of trade by which he cannot gain considerably more per cent, than is expected in Great Britain, where the interest is low, and profit moderate; a circumstance which will always give a great advantage to the British miner, who likewise enjoys an exemption from freight and insurance, which lie heavy upon the American adventurer, especially in time of war. With respect to the apprehension of the leather tanners, they observed, that as the coppices generally grew on barren lands, not fit for tillage, and improved the pasturage, no proprietor would be at the expense of grubbing up the wood to spoil the pasture, as he could make no other use of the land on which it was produced. This wood must be always worth something, especially in counties where there is not plenty of coal, and the timber trees would produce considerable advantage; therefore, if there was not one iron mine in Great Britain, no coppice would be grubbed up, unless it grew on a rich soil, which would produce corn instead of cord-wood; consequently, the tanners have nothing to fear, especially as planting hath become a prevailing taste among the landholders of the island. The committee appointed to prepare the bill, seriously weighed and canvassed these arguments, examined disputed facts, and inspected papers and accounts relating to the produce, importation, and manufactory of iron. At length Mr. John Pitt reported to the house their opinion, implying that the liberty granted by an act passed in the twenty-third year of his majesty's reign, of importing bar-iron from the British colonies in America into the port of London, should be extended to all the other ports of Great Britain; and that so much of that act as related to this clause should be repealed. The house having agreed to these resolutions, and the bill being-brought in accordingly, another petition was presented by several noblemen, gentlemen, freeholders, and other proprietors, owners, and possessors of coppices and woodlands, in the West Biding of Yorkshire, alleging, that a permission to import American bar-iron, duty-free, would be attended with numberless ill consequences both of a public and private nature; specifying certain hardships to which they in particular would be exposed; and praying, that, if the bill should pass, they might be relieved from the pressure of an act passed in the reign of Henry VIII. obliging the owners of coppice woods to preserve them, under severe penalties; and be permitted to fell and grub up their coppice woods, in order to a more proper cultivation of the soil, without being restrained by the fear of malicious and interested prosecutions. In consequence of this remonstrance, a clause was added to the bill, repealing so much of the act of Henry VIII. as prohibited the conversion of coppice or under-woods into pasture or tillage; then it passed through both houses, and received the royal sanction. As there was not time, after this affair came upon the carpet, to obtain any new accounts from America, and as it was thought necessary to know the quantities of iron made in that country, the house presented an address to his majesty, desiring he would be pleased to give directions that there should be laid before them, in the next session of parliament, an account of the quantity of iron made in the American colonies, from Christmas, in the year one thousand seven hundred and forty-nine, to the fifth day of January, in the year one thousand seven hundred and fifty-six, each year being distinguished.



REGULATIONS WITH RESPECT TO THE IMPORTATION OF SILK.

From this important object, the parliament converted its attention to a regulation of a much more private nature. In consequence of a petition by the lord-mayor, aldermen, and commons of the city of London, a bill was brought in, and passed into a law without opposition, for the more effectual preservation and improvement of the fry and spawn of fish in the river Thames, and waters of Medway, and for the better regulating the fishery in those rivers. The two next measures taken for the benefit of the public were, first, a bill to render more effectual the several laws then in being, for the amendment and preservation of the highways and turnpike-roads of the kingdom; the other for the more effectually preventing the spreading of the contagious distemper which, at that time, raged among the horned cattle. A third arose from the distress of poor silk manufacturers, who were destitute of employment, and deprived of all means of subsisting, through the interruption of the Levant trade; occasioned by the war, and the delay of the merchant ships from Italy. In order to remedy this inconvenience, a bill was prepared, enacting, that any person might import from any place, in any ship or vessel whatsoever, till the first day of December, one thousand seven hundred and fifty-seven, organzine thrown silk of the growth or production of Italy, to be brought to the custom-house of London, wheresoever landed; but that no Italian thrown silk, coarser than Bologna, nor any tram of the growth of Italy, nor any other thrown silk of the growth or production of Turkey, Persia, East Indies, or China, should be imported by this act, under the penalty of the forfeiture thereof. Notwithstanding several petitions, presented by the merchants, owners, and commanders of ships, and others trading to Leghorn, and other ports of Italy, as well as by the importers and manufacturers of raw silks, representing the evil consequences that would probably attend the passing of such a bill, the parliament agreed to this temporary deviation from the famous act of navigation, for a present supply to the poor manufacturers.

The next civil regulation established in this session of parliament was in itself judicious, and, had it been more earnestly suggested, might have been more beneficial to the public. In order to discourage the practice of smuggling, and prevent the desperadoes concerned therein from enlisting in the service of the enemy, a law was passed, enacting, that every person who had been, before the first of May in the present year, guilty of illegally running, concealing, receiving, or carrying any wool, or prohibited goods, or any foreign commodities liable to duties, the same not having been paid or secured; or of aiding therein, or had been found with fire-arms or weapons, in order to be aiding to such offenders; or had been guilty of receiving such goods after seizure; or of any act whatsoever, whereby persons might be deemed runners of foreign goods; or of hindering, wounding, or beating any officer in the execution of his duty, or assisting therein,—should be indemnified from all such offences, concerning which no suit should then have been commenced, or composition made, on condition that he should, before being apprehended or prosecuted, and before the first day of December, enter himself with some commissioned officer of his majesty's fleet, to serve as a common sailor; and should, for three years from such entry, unless sooner duly discharged, actually serve and do duty in that station, and register his name, &c, with the clerk of the peace of the county where he resided, as the act prescribes. An attempt was made in favour of the seamen employed in the navy, who had been very irregularly paid, and subject to grievous hardships in consequence of this irregularity. Mr. Grenville, brother to earl Temple, moved for leave to bring in a bill for the encouragement of seamen employed in his majesty's navy, and for establishing a regular method for the punctual, speedy, and certain payment of their wages, as well as for rescuing them from the arts and frauds of imposition. The proposal was corroborated by divers petitions: the bill was prepared, read, printed, and, after it had undergone some amendment, passed into the house of lords, where it was encountered with several objections, and dropped for this session of parliament.



INQUIRY INTO THE SCARCITY OF CORN.

The house of commons being desirous of preventing, for the future, such distresses as the poor had lately undergone, appointed a committee to consider of proper provisions to restrain the price of corn and bread within due bounds for the future. For this purpose they were empowered to send for persons, papers, and records; and it was resolved, that all who attended the committee should have voices. Having inquired into the causes of the late scarcity, they agreed to several resolutions, and a bill was brought in to explain and amend the laws against regraters, forestalled, and engrossers of corn. The committee also received instructions to inquire into the abuses of millers, mealmen, and bakers, with regard to bread, and to consider of proper methods to prevent them in the sequel; but no further progress was made in this important affair, which was the more interesting, as the lives of individuals, in a great measure, depended upon a speedy reformation; for the millers and bakers were said to have adulterated their flour with common whiting, lime, bone ashes, alum, and other ingredients pernicious to the human constitution; a consummation of villany for which no adequate punishment could be inflicted. Among the measures proposed in parliament which did not succeed, one of the most remarkable was a bill prepared by Mr. Rose Fuller, Mr. Charles Townshend, and Mr. Banks, to explain, amend, and render more effectual a law passed in the reign of king William the Third, intituled,

"An act to punish governors of plantations, in this kingdom, for crimes committed by them in the plantation." This bill was proposed in consequence of some complaints, specifying acts of cruelty, folly, and oppression, by which some British governors had been lately distinguished; but, before the bill could be brought in, the parliament was prorogued.



INVESTIGATION OF THE LOSS OF MINORCA.

But no step taken by the house of commons, in the course of this session, was more interesting to the body of the people than the inquiry into the loss of Minorca, which had excited such loud and universal clamour. By addresses to the king, unanimously voted, the commons requested that his majesty would give directions for laying before them copies of all the letters and papers containing any intelligence received by the secretaries of state, the commissioners of the admiralty, or any others of his majesty's ministers, in relation to the equipment of the French fleet at Toulon, or the designs of the French on Minorca, or any other of his majesty's possessions in Europe, since the first day of January, in the year one thousand seven hundred and fifty-five, to the first day of August, one thousand seven hundred and fifty-six. They likewise desired to peruse a list of the ships of war that were equipped and made ready for sea, from the first of August, in the year one thousand seven hundred and fifty-five, to the thirtieth day of April in the following year; with the copies of all sailing orders sent to the commanders during that period; as also the state and condition of his majesty's ships in the several ports of Great Britain at the time of admiral Byng's departure, with the squadron under his command, for the relief of fort St. Philip, during the period of time above-mentioned, according to the monthly returns made by the admiralty, with the number of seamen mustered and borne aboard the respective ships. They demanded copies of all orders and instructions given to that admiral, and of letters written to and received from him, during his continuance in that command, either by the secretaries of state, or lords of the admiralty, relating to the condition of his squadron, and to the execution of his orders. In a word, they required the inspection of all papers which could, in any manner, tend to explain the loss of Minorca, and the miscarriage of Mr. Byng's squadron. His majesty complied with every article of their request: the papers were presented to the house, ordered to lie upon the table for the perusal of the members, and finally referred to the consideration of a committee of the whole house. In the course of their deliberations they addressed his majesty for more information, till at length the truth seemed to be smothered under such an enormous burden of papers, as the efforts of a whole session could not have properly removed. Indeed, many discerning persons without doors began to despair of seeing the mystery unfolded, as soon as the inquiry was undertaken by a committee of the whole house. They observed, that an affair of such a dark, intricate, and suspicious nature, ought to have been referred to a select and secret committee, chosen by ballot, empowered to send for persons, papers, and records, and to examine witnesses in the most solemn and deliberate manner; that the names of the committee ought to have been published for the satisfaction of the people, who could have judged, with some certainty, whether the inquiry would be carried on with such impartiality as the national misfortune required. They suspected that this reference to a committee of the whole house was a mal-contrivance, to prevent a regular and minute investigation, to introduce confusion and contest, to puzzle, perplex, and obumbrate; to teaze, fatigue, and disgust the inquirers, that the examination might be hurried over in a superficial and perfunctory manner; and the ministry, from this anarchy and confusion of materials, half explored and undigested, derive a general parliamentary approbation, to which they might appeal from the accusations of the people. A select committee would have probably examined some of the clerks of the respective offices, that they might certainly know whether any letters or papers had been suppressed, whether the extracts had been faithfully made, and whether there might not be papers of intelligence, which, though proper to be submitted to a select and secret committee, could not, consistently with the honour of the nation, be communicated to a committee of the whole house. Indeed, it does not appear that the ministers had any foreign intelligence or correspondence that could be much depended upon in any matter of national importance, and no evidence was examined on the occasion; a circumstance the less to be regretted, as, in times past, evil ministers have generally found means to render such inquiries ineffectual; and the same arts would, at any rate, have operated with the same efficacy, had a secret committee been employed at this juncture. Be that as it may, several resolutions were reported from the committee, though some of them were not carried by the majority without violent dispute and severe altercation. The first and last of their resolutions require particular notice. By the former, it appeared to the committee, that his majesty, from the twenty-seventh day of August, in the year one thousand seven hundred and fifty-five, to the twentieth day of April in the succeeding year, received such repeated and concurrent intelligence, as gave just reason to believe that the French king intended to invade his dominions of Great Britain or Ireland. In the latter they declared their opinion, that no greater number of ships of war could be sent into the Mediterranean, than were actually sent thither under the command of admiral Byng; nor any greater reinforcement than the regiment which was sent, and the detachment, equal to a battalion, which was ordered to the relief of fort St. Philip, consistently with the state of the navy, and the various services essential to the safety of his majesty's dominions, and the interest of his subjects. It must have been something more powerful than ordinary conviction that suggested these opinions. Whatever reports might have been circulated by the French ministry, in order to amuse, intimidate, and detach the attention of the English government from America and the Mediterranean, where they really intended to exert themselves, yet, the circumstances of the two nations being considered, one would think there could have been no just grounds to fear an invasion of Great Britain or Ireland, especially when other intelligence seemed to point out much more probable scenes of action. But the last resolution is still more incomprehensible to those who know not exactly the basis on which it was raised. The number of ships of war in actual commission amounted to two hundred and fifty, having on board fifty thousand seamen and marines. Intelligence and repeated information of the French design upon Minorca had been conveyed to the ministry of England, about six months before it was put in execution. Is it credible, that in all this time the nation could not equip or spare above eleven ships of the line and six frigates, to save the important island of Minorca? Is it easy to conceive, that from a standing army of fifty thousand men, one regiment of troops could not have been detached to reinforce a garrison, well known to be insufficient for the works it was destined to defend? To persons of common intellects it appeared, that intelligence of the armament at Toulon was conveyed to the admiralty as early as the month of September, in the year one thousand seven hundred and fifty-five, with express notice that it would consist of twelve ships of the line: that the design against Minorca was communicated as early as the twenty-seventh day of August, by consul Banks, of Carthagena; confirmed by letters from consul Bertes, at Genoa, dated on the seventeenth and twenty-sixth of January, and received by Mr. Fox, secretary of state, on the fourth and eleventh of February, as well as by many subsequent intimations; that, notwithstanding these repeated advices, even after hostilities had commenced in Europe, when the garrison of Minorca amounted to no more than four incomplete regiments, and one company of artillery, forty-two officers being absent, and the place otherwise unprovided for a siege, when the Mediterranean squadron, commanded by Mr. Edgecumbe, consisted of two ships of the line, and five frigates; neither stores, ammunition, or provisions, the absent officers belonging to the garrison, recruits for the regiments, though ready raised, miners, nor any additional troops, were sent to the island, nor the squadron augmented, till admiral Byng sailed from Spithead on the sixth day of April, with no more ships of the line than, by the most early and authentic intelligence, the government were informed would sail from Toulon, even when Mr. Byng should have been joined by commodore Edgecumbe; a junction upon which no dependence ought to have been laid; that this squadron contained no troops but such as belonged to the four regiments in garrison, except one battalion to serve in the fleet as marines, unless we include the order for another to be embarked at Gibraltar; which order was neither obeyed nor understood: that, considering the danger to which Minorca was exposed, and the forwardness of the enemy's preparations at Toulon, admiral Osborne, with thirteen ships of the line and one frigate, who returned on the sixteenth of February, after having convoyed a fleet of merchant ships, might have been detached to Minorca, without hazarding the coast of Great Britain; for at that time, exclusive of this squadron, there were eight ships of the line and thirty-two frigates ready manned, and thirty-two ships of the line and five frigates almost equipped; that admiral Hawke was sent with fourteen ships of the line and one frigate to cruise in the bay of Biscay, after repeated intelligence had been received that the French fleet had sailed for the West Indies, and the eleven ships remaining at Brest and Rochefort were in want of hands and cannon, so that they could never serve to cover any embarkation or descent, consequently Mr. Hawke's squadron might have been spared for the relief of Minorca; that, instead of attending to this important object, the admiralty, on the eighth day of March, sent two ships of the line and three frigates to intercept a coasting convoy off Cape Barfleur: on the eleventh of the same month they detached two ships of the line to the West Indies, and on the nineteenth two more to North America, where they could be of little immediate service; on the twenty-third, two of the line and three frigates a convoy-hunting off Cherbourg; and on the first of April five ships of the line, including three returned from this last service, to reinforce sir Edward Hawke, already too strong for the French fleet bound to Canada; that all these ships might have been added to Mr. Byng's squadron, without exposing Great Britain or Ireland to any hazard of invasion: that at length Mr. Byng was detached with ten great ships only, and even denied a frigate to repeat signals, for which he petitioned; although at that very time there were in port, exclusive of his squadron, seventeen ships of the line and thirteen frigates ready for sea, besides eleven of the line and nineteen frigates almost equipped. From these and other circumstances, particularized and urged with great vivacity, many individuals inferred, that a greater number of ships might have been detached to the Mediterranean than were actually sent with admiral Byng; that the not sending an earlier and stronger force was one great cause of Minorca's being lost, and co-operated with the delay of the ministry in sending thither reinforcements of troops, their neglect in suffering the officers of the garrison to continue absent from their duty, and their omitting to give orders for raising miners to serve in the fortress of Mahon.

{GEORGE II. 1727-1760}



EXAMINATION of the AMERICAN CONTRACT.

The next inquiry in which the house of commons engaged, related to the contracts for victualling the forces in America, which were supposed by some patriots to be fraudulent and unconscionable. This suspicion arose from an ambiguous expression, on which the contractor being interrogated by the committee appointed to examine the particulars, he prudently interpreted it in such a manner, as to screen himself from the resentment of the legislature. The house, therefore, resolved that the contract entered into on the twenty-sixth day of March, in the year one thousand seven hundred and fifty-six, by the commissioners of the treasury, with William Baker, Christopher Kilby, and Richard Baker, of London, merchants, for furnishing provisions to the forces under the command of the earl of Loudon, was prudent and necessary, and properly adapted to the securing a constant and effectual supply for those forces in America.



INQUIRY INTO THE CONDUCT OF ADMIRAL KNOWLES, &c.

The preceding session an address had been presented to the king by the house of commons, desiring his majesty would give orders for laying before them several papers relating to disputes which had lately happened between his excellency Charles Knowles, esq., and some of the principal inhabitants of the island of Jamaica. This governor was accused of many illegal, cruel, and arbitrary acts, during the course of his administration; but these imputations he incurred by an exertion of power, which was in itself laudable, and well intended for the commercial interest of the island. This was his changing the seat of government, and procuring an act of assembly for removing the several laws, records, books, papers, and writings belonging to several offices in that island, from Spanish Town to Kingston; and for obliging the several officers to keep their offices, and hold a supreme court of judicature, at this last place, to which he had moved the seat of government. Spanish Town, otherwise called St. Jago de la Vega, the old capital, was an inconsiderable inland place, of no security, trade, or importance; whereas Kingston was the centre of commerce, situated on the side of a fine harbour filled with ships, well secured from the insults of an enemy, large, wealthy, and flourishing. Here the merchants dwell, and ship the greatest part of the sugars that grow upon the island. They found it extremely inconvenient and expensive to take out their clearances at Spanish Town, which stands at a considerable distance; and the same inconvenience and expense being felt by the rest of the inhabitants, who had occasion to prosecute suits at law, or attend the assembly of the island, they joined in representations to the governor, requesting, that, in consideration of these inconveniences, added to that of the weakness of Spanish Town and the importance of Kingston, the seat of government might be removed. He complied with their request, and in so doing entailed upon himself the hatred and resentment of certain powerful planters, who possessed estates in and about the old town of St. Jago de la Vega, thus deserted. This seems to have been the real source of the animosity and clamour incurred by Mr. Knowles, against whom a petition, signed by nineteen members of the assembly, had been sent to England, and presented to his majesty.—In the two sessions preceding this year, the affair had been brought into the house of commons, where this governor's character was painted in frightful colours, and divers papers relating to the dispute were examined. Mr. Knowles having by this time returned to England, the subject of his administration was revived, and referred to a committee of the whole house. In the meantime, petitions were presented by several merchants of London and Liverpool, concerned in the trade to Jamaica, alleging, that the removal of the public courts, offices, and records of the island of Jamaica to Kingston, and fixing the seat of government there, had been productive of many important advantages, by rendering the strength of the island more formidable, the property of the traders and inhabitants more secure, and the prosecution of all commercial business more expeditious and less expensive than formerly; therefore, praying that the purposes of the act passed in Jamaica for that end might be carried into effectual execution, in such manner as the house should think proper. The committee, having examined a great number of papers, agreed to some resolutions, importing, that a certain resolution of the assembly of Jamaica, dated on the twenty-ninth day of October, in the year one thousand seven hundred and fifty-three, implying a claim of right in that assembly to raise and apply public money without the consent of the governor and council, was illegal, repugnant to the terms of his majesty's commission to his governor of the said island, and derogatory of the rights of the crown and people of Great Britain; that the six last resolutions taken in the assembly of Jamaica, on the twenty-ninth day of October, in the year one thousand seven hundred and fifty-three, proceeded on a manifest misapprehension of the king's instruction to his governor, requiring him not to give his assent to any bill of an unusual or extraordinary nature and importance, wherein his majesty's prerogative, or the property of his subjects, might be prejudiced, or the trade or shipping of the kingdom any-ways affected, unless there should be a clause inserted, suspending the execution of such bill until his majesty's pleasure should be known; that such instruction was just and necessary, and no alteration of the constitution of the island, nor any way derogatory to the rights of the subjects in Jamaica. From these resolutions the reader may perceive the nature of the dispute which had arisen between the people of Jamaica and their governor, vice-admiral Knowles, whose conduct on this occasion seems to have been justified by the legislature. The parliament, however, forebore to determine the question, whether the removal of the courts of judicature from Spanish Town to Kingston was a measure calculated for the interest of the island in general.



RESOLUTIONS concerning MILFORD-HAVEN.

The last object which we shall mention, as having fallen under the cognizance of the commons during this session of parliament, was the state of Milford-haven on the coast of Wales, one of the most capacious, safe, and commodious harbours in Great Britain. Here the country affords many conveniences for building ships of war, and erecting forts, docks, quays, and magazines. It might be fortified at a very small expense, so as to be quite secure from any attempts of the enemy, and rendered by far the most useful harbour in the kingdom for fleets, cruisers, trading ships, and packet boats, bound to and from the westward; for from hence they may put sea almost with any wind, and even at low water; they may weather Scilly and Cape Clear when no vessel can stir from the British channel, or out of the French ports of Brest and Rochefort, and as a post can travel from hence in three days to London, it might become the centre of very useful sea intelligence. A petition from several merchants in London was presented, and recommended to the house in a message from the king, specifying the advantages of this harbour, and the small expense at which it might be fortified, and praying that the house would take this important subject into consideration. Accordingly, a committee was appointed for this purpose, with power to send for persons, papers, and records and every circumstance relating to it was examined with accuracy and deliberation. At length the report being made to the house by Mr. Charles Townshend, they unanimously agreed to an address, representing to his majesty, that many great losses had been sustained by the trade of the kingdom, in time of war, from the want of a safe harbour on the western coast of the island, for the reception and protection of merchants' ships, and sending out cruisers; that the harbour of Milford-haven, in the county of Pembroke, is most advantageously situated, and if properly defended and secured, in every respect adapted to the answering those important purposes; they, therefore, humbly besought his majesty, that he would give immediate directions for erecting batteries, with proper cover, on the sides of the said harbour, in the most convenient places for guarding the entrance called Hubber-stone-road, and also such other fortifications as might be necessary to secure the interior parts of the harbour, and that, until such batteries and fortifications could be completed, some temporary defence might be provided for the immediate protection of the ships and vessels lying in the said harbour; finally, they assured him the house would make good to his majesty all such expenses as should be incurred for these purposes. The address met with a gracious reception, and a promise that such directions should be given. The harbour was actually surveyed, the places were pitched upon for batteries, and the estimates prepared, but no further progress hath since been made.



SESSION CLOSED.

We have now finished the detail of all the material transactions of this session, except what relates to the fate of admiral Byng, which now claims our attention. In the meantime, we may observe, that on the fourth day of July the session was closed with his majesty's harangue, the most remarkable and pleasing paragraph of which turned upon his royal assurance, that the succour and preservation of his dominions in America had been his constant care, and, next to the security of his kingdoms, should continue to be his great and principal object. He told them he had taken such measures as, he trusted, by the blessing of God, might effectually disappoint the designs of the enemy in those parts; that he had no further view but to vindicate the just rights of his crown and subjects from the most injurious encroachments; to preserve tranquillity, as far as the circumstances of things might admit; to prevent the true friends of Britain, and the liberties of Europe, from being oppressed and endangered by any unprovoked and unnatural conjunction.



TRIAL OF ADMIRAL BYNG.

Of all the transactions that distinguished this year, the most extraordinary was the sentence executed on admiral Byng, the son of that great officer who had acquired such honour by his naval exploits in the preceding reign, and was ennobled for his services by the title of lord viscount Torrington. His second son, John Byng, had from his earliest youth been trained to his father's profession; and was generally esteemed one of the best officers in the navy, when he embarked in that expedition to Minorca, which covered his character with disgrace, and even exposed him to all the horrors of an ignominious death. On the twenty-eighth day of December his trial began before a court-martial, held on board the ship St. George, in the harbour of Portsmouth, to which place Mr. Byng had been conveyed from Greenwich by a party of horse-guards, and insulted by the populace in every town and village through which he passed. The court having proceeded to examine the evidences for the crown and the prisoner, from day to day, in the course of a long sitting, agreed unanimously to thirty-seven resolutions, implying their opinion, that admiral Byng, during the engagement between the British and French fleets, on the twentieth day of May last, did not do his utmost endeavour to take, seize, and destroy the ships of the French king, which it was his duty to have engaged, and to assist such of his majesty's ships as were engaged, which it was his duty to have assisted; and that he did not exert his utmost-power for the relief of St. Philip's castle. They, therefore, unanimously agreed that he fell under part of the twelfth article of an act of parliament passed in the twenty-second year of the present reign, for amending, explaining, and reducing into one act of parliament, the laws relating to the government of his majesty's ships, vessels, and forces by sea; and as that article positively prescribed death, without any alternative left to the discretion of the court under any variation of circumstances, they unanimously adjudged the said admiral John Byng to be shot to death, at such time, and on board of such ship, as the lords commissioners of the admiralty should please to direct. But as it appeared, by the evidence of the officers who were near the admiral's person, that no backwardness was perceivable in him during the action, nor any mark of fear or confusion either in his countenance or behaviour; but that he delivered his orders coolly and distinctly, without seeming deficient in personal courage; and, from other circumstances, they believed his misconduct did not arise either from cowardice or disaffection, they unanimously and earnestly recommended him as a proper object of mercy. The admiral himself behaved through the whole trial with the most cheerful composure, seemingly the effect of conscious innocence, upon which, perhaps, he too much relied. Even after he heard the evidence examined against him, and finished his own defence, he laid his account in being honourably acquitted; and ordered his coach to be ready for conveying him directly from the tribunal to London. A gentleman, his friend, by whom he was attended, having received intimation of the sentence to be pronounced, thought it his duty to prepare him for the occasion, that he might summon all his fortitude to his assistance, and accordingly made him acquainted with the information he had received. The admiral gave tokens of surprise and resentment, but betrayed no marks of fear or disorder, either then or in the court when the sentence was pronounced. On the contrary, while divers members of the court-martial manifested grief, anxiety, and trepidation, shedding tears, and sighing with extraordinary emotion, he heard his doom denounced without undergoing the least alteration of feature, and made a low obeisance to the president and the other members of the court, as he retired.

The officers who composed this tribunal were so sensible of the law's severity, that they unanimously subscribed a letter to the board of admiralty containing this remarkable paragraph:—"We cannot help laying the distresses of our minds before your lordships on this occasion, in finding ourselves under necessity of condemning a man to death, from the great severity of the twelfth article of war, part of which he falls under, which admits of no mitigation if the crime should be committed by an error in judgment; and, therefore, for our own consciences' sake, as well as in justice to the prisoner, we pray your lordships, in the most earnest manner, to recommend him to his majesty's clemency." The lords of the admiralty, instead of complying with the request of the court-martial, transmitted their letter to the king, with copies of their proceedings, and a letter from themselves to his majesty, specifying a doubt with regard to the legality of the sentence, as the crime of negligence, for which the admiral had been condemned, was not expressed in any part of the proceedings. At the same time, copies of two petitions from George lord viscount Torrington, in behalf of his kinsman admiral Byng, were submitted to his majesty's royal wisdom and determination. All the friends and relations of the unhappy convict employed and exerted their influence and interest for his pardon; and, as the circumstances had appeared so strong in his favour, it was supposed that the sceptre of royal mercy would be extended for his preservation; but infamous arts were used to whet the savage appetite of the populace for blood. The cry of vengeance was loud throughout the land: sullen clouds of suspicion and malevolence interposing, were said to obstruct the genial beams of the best virtue that adorns the throne; and the sovereign was given to understand, that the execution of admiral Byng was a victim absolutely necessary to appease the fury of the people. His majesty, in consequence of the representation made by the lords of the admiralty, referred the sentence to the consideration of the twelve judges, who were unanimously of opinion that the sentence was legal. This report being transmitted from the privy-council to the admiralty, their lordships issued a warrant for executing the sentence of death on the twenty-eighth day of February. One gentleman at the board, however, refused to subscribe the warrant, assigning for his refusal the reasons which we have inserted by way of note, for the satisfaction of the reader. [401] [See note 3 H, at the end of this Vol.]

Though mercy was denied to the criminal, the crown seemed determined to do nothing that should be thought inconsistent with law. A member of parliament, who had sat upon the court-martial at Portsmouth, rose up in his place, and made application to the house of commons in behalf of himself and several other members of that tribunal, praying the aid of the legislature to be released from the oath of secrecy imposed on courts-martial, that they might disclose the grounds on which sentence of death had passed on admiral Byng, and, perhaps, discover such circumstances as might show the sentence to be improper. Although this application produced no resolution in the house, the king, on the twenty-sixth day of February, sent a message to the commons by Mr. Secretary Pitt, importing, that, though he had determined to let the law take its course with relation to admiral Byng, and resisted all solicitations to the contrary, yet, as a member of the house had expressed some scruples about the sentence, his majesty had thought fit to respite the execution of it, that there might be an opportunity of knowing, by the separate examination of the members of the court-martial, upon oath, what grounds there were for such scruples, and that his majesty was resolved still to let the sentence be carried into execution, unless it should appear from the said examination, that admiral Byng was unjustly condemned. The sentence might be strictly legal, and, at the same time very severe, according to the maxim, summum jus, summa injuria. In such cases, and perhaps in such cases only, the rigour of the law ought to be softened by the lenient hand of the royal prerogative. That this was the case of admiral Byng appears from the warm and eager intercession of his jury, a species of intercession which hath generally, if not always, prevailed at the foot of the throne, when any thing favourable for the criminal had appeared in the course of the trial. How much more then might it have been expected to succeed, when earnestly urged as a case of conscience, in behalf of a man whom his judges had expressly acquitted of cowardice and treachery, the only two imputations that rendered him criminal in the eyes of the nation! Such an interposition of the crown in parliamentary transactions was irregular, unnecessary, and at another juncture might have been productive of violent heats and declamation. At present, however, it passed without censure, as the effect of inattention, rather than a design to encroach upon the privileges of the house.



BILL TO RELEASE THE MEMBERS OF THE COURT-MARTIAL, &c

The message being communicated, a bill was immediately brought in, to release the members of the court-martial from the obligation of secrecy, and passed through the lower house without opposition; but in the house of lords it appeared to be destitute of a proper foundation. They sent a message to the commons, desiring them to give leave that such of the members of the court-martial as were members of that house might attend their lordships, in order to be examined on the second reading of the bill; accordingly they, and the rest of the court-martial, attended, and answered all questions without hesitation. As they did not insist upon any excuse, nor produce any satisfactory reason for showing that the man they had condemned was a proper object of mercy, their lordships were of opinion that there was no occasion for passing any such bill, which, therefore, they almost unanimously rejected. It is not easy to conceive what stronger reasons could be given for proving Mr. Byng an object of mercy, than those mentioned in the letter sent to the board of admiralty by the members of the court-martial, who were empowered to try the imputed offence, consequently must have been deemed well qualified to judge of his conduct.



EXECUTION OF ADMIRAL BYNG.

The unfortunate admiral being thus abandoned to the stroke of justice, prepared himself for death with resignation and tranquillity. He maintained a surprising cheerfulness to the last; nor did he, from his condemnation to his execution, exhibit the least sign of impatience or apprehension. During that interval he had remained on board of the Monarque, a third-rate ship of war, anchored in the harbour of Portsmouth, under a strong guard, in custody of the marshal of the admiralty. On the fourteenth of March, the day fixed for his execution, the boats belonging to the squadron at Spithead being manned and armed, containing their captains and officers, with a detachment of marines, attended this solemnity in the harbour, which was also crowded with an infinite number of other boats and vessels filled with spectators. About noon, the admiral having taken leave of a clergyman, and two friends who accompanied him, walked out of the great cabin to the quarter-deck, where two files of marines were ready to execute the sentence. He advanced with a firm deliberate step, a composed and resolute countenance, and resolved to suffer with his face uncovered, until his friends, representing that his looks would possibly intimidate the soldiers, and prevent their taking aim properly, he submitted to their request, threw his hat on the deck, kneeled on a cushion, tied one white handkerchief over his eyes, and dropped the other as a signal for his executioners, who fired a volley so decisive, that five balls passed through his body, and he dropped down dead in an instant. The time in which this tragedy was acted, from his walking out of the cabin to his being deposited in the coffin, did not exceed three minutes.

Thus fell, to the astonishment of all Europe, admiral John Byng; who, whatever his errors and indiscretions might have been, seems to have been rashly condemned, meanly given up, and cruelly sacrificed to vile considerations. The sentiments of his own fate he avowed on the verge of eternity, when there was no longer any cause of dissimulation, in the following declaration, which, immediately before his death, he delivered to the marshal of the admiralty: "A few moments will now deliver me from the virulent persecution, and frustrate the further malice of my enemies: nor need I envy them a life subject to the sensations my injuries, and the injustice done me, must create. Persuaded I am, that justice will be done to my reputation hereafter: the manner and cause of raising and keeping up the popular clamour and prejudice against me, will be seen through. I shall be considered (as I now perceive myself) a victim destined to divert the indignation and resentment of an injured and deluded people from the proper objects. My enemies themselves must now think me innocent. Happy for me, at this my last moment, that I know my own innocence, and am conscious that no part of my country's misfortunes can be owing to me. I heartily wish the shedding my blood may contribute to the happiness and service of my country; but cannot resign my just claim to a faithful discharge of my duty according to the best of my judgment, and the utmost exertion of my ability for his majesty's honour, and my country's service. I am sorry that my endeavours were not attended with more success, and that the armament under my command proved too weak to succeed in an expedition of such moment. Truth has prevailed over calumny and falsehood, and justice has wiped off the ignominious stain of my supposed want of personal courage, and the charge of disaffection. My heart acquits me of these crimes; but who can be presumptuously sure of his own judgment? If my crime is an error in judgment, or differing in opinion from my judges, and if yet the error in judgment should be on their side, God forgive them, as I do; and may the distress of their minds, and uneasiness of their consciences, which in justice to me they have represented, be relieved, and subside as my resentment has done. The supreme judge sees all hearts and motives, and to him I must submit the justice of my cause."

{GEORGE II. 1727-1760}



REMARKS ON ADMIRAL BYNG'S FATE.

Notwithstanding all that has been said in his favour, notwithstanding the infamous arts that were practised to keep up the cry against him, notwithstanding this solemn appeal to heaven in his last moments, and even self-conviction of innocence, the character of admiral Byng, in point of personal courage, will still, with many people, remain problematical. They will still be of opinion, that if the spirit of a British admiral had been properly exerted, the French fleet would have been defeated, and Minorca relieved. A man's opinion of danger varies at different times, in consequence of an irregular tide of animal spirits, and he is actuated by considerations which he dares not avow. After an officer, thus influenced, has hesitated or kept aloof in the hour of trial, the mind, eager for its own justification, assembles, with surprising industry, every favourable circumstance of excuse, and broods over them with parental partiality, until it becomes not only satisfied, but even enamoured of their beauty and complexion, like a doating mother, blind to the deformity of her own offspring. Whatever Mr. Byng's internal feelings might have been, whatever consequences might have attended his behaviour on that occasion; as the tribunal before which he was tried acquitted him expressly of cowardice and treachery, he was, without all doubt, a proper object for royal clemency; and so impartial posterity will judge him, after all those dishonourable motives of faction and of fear, by which his fate was influenced, shall be lost in oblivion, or remembered with disdain. The people of Great Britain, naturally fierce, impatient, and clamorous, have been too much indulged, upon every petty miscarriage, with trials, courts-martial, and dismissions, which tend only to render their military commanders rash and precipitate, the populace more licentious and intractable, and to disgrace the national character in the opinion of mankind.



CHAPTER XIII.

Mr. Pitt and Mr. Legge taken into the Administration..... Obliged to resign..... Restored to their Employments..... Coalition of Parties..... Descent on the Coast of France meditated..... Command of the Fleet given to Sir Edward Hawke, and of the Land-Forces to Sir John. Mordaunt..... Fleet sails September 8..... Admiral Knowles sent to take Aix..... Attack and Surrender of Aix..... A Descent resolved on..... The Fleet returns to Spithead..... His Majesty appoints a Board of Inquiry into the Reasons of the Fleet's Return..... Proceedings of the Court of Inquiry..... Its Report..... Sir John Mordaunt tried by a Court-Martial, and acquitted..... Fleets sent to the East and West Indies..... Success of the English Privateers..... Riots occasioned by the Price of Corn..... Operations in America..... Lord Loudon's Conduct in America..... Fort William-Henry taken by the French..... Naval Transactions in America..... Attempt of M. de Kersin on Cape Coast Castle in Africa..... State of Affairs in the East Indies..... Calcutta recovered..... The Suba's Camp forced, and a new Treaty concluded with him..... Reduction, of Chandernagore..... Colonel Clive defeats the Suba at Plaissey, who is afterwards deposed and put to Death..... King of France assassinated..... Tortures inflicted on the Assassin..... Changes in the French Ministry..... State of the Confederacy against the King of Prussia..... Precautions taken by his Prussian Majesty..... Skirmishes between the Prussians and Austrians..... Neutrality of the Emperor, and Behaviour of the Dutch..... The French take Possession of several Towns in the Low Countries belonging to the King of Prussia..... Declaration of the Czarina against the King of Prussia..... Factions in Poland..... Fruitless Endeavours of the English to restore the Tranquillity of Germany..... King of Prussia enters Bohemia..... Prince of Bevern defeats the Austrians at Richenberg..... King of Prussia obtains a complete Victory over the Austrians near Prague..... Mareschal Schwerin killed..... Prague invested..... and bombarded..... Brave defence of the Besieged..... Count Daun takes the Command of the Austrian Army..... His Character..... King of Prussia defeated at Kolin..... He raises the Siege of Prague, and quits Bohemia..... Preparations for the Defence of Hanover..... The allied Army assembles under the Duke of Cumberland..... Skirmishes with the French..... Duke of Cumberland passes the Weser..... The French follow him, and take Minden and Emden, and lay Hanover under Contribution..... Battle of Hastenbeck..... The French take Hamelen..... Duke de Richelieu supersedes Mareschal d'Etrees in the Command of the French Army..... The French take Possession of Hanover and Hesse-Cassel..... and reduce Verden and Bremen..... Duke of Cumberland signs the Convention of Closter-Seven

{1757}



MR. PITT AND MR. LEGGE TAKEN INTO THE ADMINISTRATION.

Though the parliament of Great Britain unanimously concurred in strengthening the hands of government for a vigorous prosecution of the war, those liberal supplies had like to have proved ineffectual through a want of harmony in her councils. In the course of the last year the clamorous voice of dissatisfaction had been raised by a series of disappointments and miscarriages, which were imputed to want of intelligence, sagacity, and vigour in the administration. The defeat of Braddock, the reduction of Oswego, and other forts in America, the delay of armaments, the neglect of opportunities, ineffectual cruises, absurd dispositions of fleets and squadrons, the disgrace in the Mediterranean, and the loss of Minorca, were numbered among the misfortunes that flowed from the crude designs of a weak dispirited ministry; and the prospect of their acquiescing in a continental war brought them still farther in contempt and detestation with the body of the people. In order to conciliate the good-will of those whom their conduct had disobliged, to acquire a fresh stock of credit with their fellow-subjects, and remove from their own shoulders part of what future censure might ensue, they admitted into a share of the administration a certain set of gentlemen, remarkable for their talents and popularity, headed by Mr. Pitt and Mr. Legge, esteemed the two most illustrious patriots of Great Britain, alike distinguished and admired for their unconquerable spirit and untainted integrity. The former of these was appointed secretary of state, and the other chancellor of the exchequer; and their friends were vested with other honourable though subordinate offices.