every view of it, big with the most horrible and direful consequences; an assertion which, as soon as sanctioned by a vote of both Houses, authorized every species of rapine, plunder, massacre, and persecution whatever. His Grace then turned to the consideration of constructive treason; and observed, that the noble and learned Lord and his friends ought to be the last to approve of lax and indefinite interpretations of treasons, as it might, on some future day, open a door for obtaining of substantial and effectual justice on those, who, through the whole course of their lives, had been as sedulous to evade the law, as they were industrious to break it. He entered fully into the propriety of postponing the contents of the Address; and at least listening to hear what the Petitioners had to offer. It would be decent to pay some degree of attention to so respectable and useful a body as the Merchants, and though no Petition had been presented, it would be manifestly indecent, and totally derogating flora the dignity of that House, to blindly and implicitly adopt the present measure, without examination, deliberation, or inquiry. This night's debate, he confessed, brought back strongly to his mind what had often been the subject with him of great astonishment and serious consideration. The measure which had been originally the cause of our present dangerous situation, was now openly disavowed by three Cabinet Ministers, then occupying the first departments of the state. They had, each of them, he remarked, solemnly declared it was no measure of theirs, jointly or separately; one of them (Lord Shelburne) has assured us, from his own knowledge, that it did not seem to be agreeable to the sentiments of a great personage. Whence then, says his Grace, are we to suppose it originated? I will not say that the noble and learned Lord knows; but this I will venture to remind his Lordship of, that when I came into office, I saw several foreign despatches, on the margin of which were written observations in that noble Lord's hand-writing. I need not tell his Lordship, but I shall take the liberty to inform the House, that the correspondence with our foreign Ministers, at a convenient time, is sent round in little blue boxes to the efficient Cabinet Ministers; and that each of them give their opinions on them in writing. These are the opinions and the observations I now allude to. His Grace, besides, in the course of his speech, condemned very severely the Acts respecting America, passed during the last session, particularly to that which gave a new power to the Sheriffs, unknown to the Constitution; that of creating what he called pocket-juries; and the other, which, if possible, is of a much more dangerous tendency, preventing all meetings, under the penalties of high treason; for if it be treason to resist an Act of the British Parliament in the manner now contended for, it must of consequence be treason to assist at the Assemblies, which the Bill for altering the Charter positively prohibits.
Lord Mansfield rose in great wrath: he said he could hardly bring himself to believe the several insinuations thrown out on the other side of the House could be directed at him; yet, on the other hand, if they meant any thing, he knew not otherwise how to interpret them. If they were intended to be imputed to him as a crime, they missed their aim; for in his opinion, they had, perhaps undesignedly, done him the greatest honour. What, do their Lordships insinuate, that I have been the author of the present measures, and it is I that direct them? I should be proud to own them if it were, because I think them wise, politick, and equitable; but surely they will permit me to repeat again, that I have been a nominal Cabinet Minister part of the last reign, and the whole of the present; that I was an efficient Cabinet Minister during part of both periods; but that since the time before alluded to in this debate, I have had no concern or participation whatever in his Majesty's Councils. Threats are thrown out, and inquiries predicted; I heartily wish they may be speedy; I am prepared for them, and put their intended authors to the most utter defiance. It has been urged against me as a crime to-day, that I have courted popularity. I never did court it; but I always have studied to deserve it. Popularity will always fly the pursuers; she must follow. I do not mean to say that I despise it; on the contrary, I sincerely wish for it, if not purchased at too dear a price; at the expense of my conscience and my duty. If a faithful discharge of one, and execution of the other, be the means of procuring it, I hope I shall always be a warm candidate for popular fame. I have hitherto, to the best of my abilities, acted on that plan, and I hope I shall persevere to the end. I have seen much of Courts, Parliaments, and Cabinets, and have been a frequent witness to the means used to acquire popularity, and the base and mean purposes to which that popularity has been afterwards employed. I have, been in Cabinets where the great struggle has not been to advance the publick interests; not by coalition and mutual assistance to strengthen the hands of Government; but by cabals, jealousy, and mutual distrust, to thwart each others' designs, and to circumvent each other, in order to obtain power and pre-eminence. I have been no less careful to observe the effects of popularity, where it has been courted and gained for particular purposes; but where every engagement was abandoned which led to its attainment, when the keeping of them became no longer necessary to the views of self-interest and ambition. I am threatened! I dare the authors of those threats to put any one of them in execution. I am ready to meet their charges, and am prepared for the event, either to cover my adversaries with shame and disgrace, or in the fall, risk the remnant of a life nearly drawing to an end, and consequently not worth being very solicitous about.
Lord Lyttelton rose a second time, to defend his noble and learned friend; and the Duke of Richmond in particular, and one or two other Lords on the same side, having dwelt much on the probable consequence our present civil dissensions might have on the conduct of France and Spain, his Lordship pressed the King's servants to declare what steps they had taken to bring these Courts to an explanation on this subject.
The Earl of Rochford replied, that he believed the noble Lord had spoken by inspiration. He declared he had no sort of conversation with him relative to the subject, whatever appearance it might have of being concerted between them; but bethought it extremely fortunate, that the question furnished him with an opportunity of acquainting the House, that he had received a letter that very day from the King's Minister at Paris, giving him the most full and unreserved assurances that the French Court would prohibit all commerce with the British Colonies; and that should any of the subjects of the Crown of France, after such declaration on their part, presume to carry on any trade with America, his most Christian Majesty meant to be understood, that they were to be deemed out of his protection; and that the British Court were at liberty to seize the Vessels and confiscate their Cargoes. His Lordship said, that it might possibly be objected to this declaration, that we ought not to depend on French faith; and that probably those assurances were given only with a view of lulling us into a fatal security; but he said he had every reason to believe France sincere, as well by the pacifick Councils which at present prevailed in that country, as from the permanent policy of both France and Spain, who were determined on their own account, against countenancing, abetting, or bringing into precedent, any measure which might operate as an encouragement to the Colonies in the new world, to render themselves independent of the parent state. His Lordship then referred to a work lately published in France, wherein it is expressly asserted, that it would be bad policy in the extreme, for France to interfere in the present disputes between Great Britain and her Colonies.
The Earl of Shelburne returned to his general charges of a fatal and over-ruling influence, He observed, it was very extraordinary that the Bills passed last session, of Parliament, respecting America, were disowned by the Law Officers of the Crown; and who, in the name of God, could have framed them, says his Lordship? We cannot suppose it was the Minister who framed them. We are almost certain that none of the Members of Administration drew them up. We know they were fabricated by some person conversant in the law. It is impossible we can hesitate a minute, therefore, to pronounce them to be the work of some hand who is unwilling to own them. The Law Officers of the Crown have disavowed them. Who then framed them? The publick naturally look at a law Lord, notoriously high in favour in the Cabinet, with whose sentiments and doctrines they perfectly agree. Is not this, my Lords, enough to raise suspicions in the most unsuspecting
|