mind, that the king is betrayed, the Nation undone, and the Ministry rendered mere cyphers, to give a sanction to a system of measures, which, sooner or later, must be the ruin of this country, or at least of its constitutional liberties? The noble and learned Lord has confessed, that though for some years he has ceased to act in the character of an efficient Cabinet Minister, there was a time when it was otherwise; there was a time when he united in his character two things in the English Constitution, the most repugnant in their nature; that of an acting Cabinet Minister, and a Lord Chief Justice of England. For my part, I always imagined, according to the true principles of this Constitution, that it was the great pervading principle and excellence of it, to keep the Judicial and Executive powers as separate and distinct as possible, so as to prevent a man from advising in one capacity what he was to execute in another. I hope the time will come when those matters will undergo a full and impartial discussion, without a personal allusion to any man, when we shall be able to point out, with certainty, the real author of the present measures; and be at the same time informed, where the Judges in Westminster Hall have kept within their own province, and where they have invaded the Constitution, by substituting their own prejudiced and partial opinions for the law of the land. In particular, I sincerely wish, that means may be devised, for leaving the Members of the Cabinet, at the time the duties imposed on America were laid, at liberty to declare freely what they know of that matter, so that the real authors may be discovered, and the framers of this pernicious, fatal measure, held forth to publick detestation. The noble and learned Lord has disclaimed having any direct concern in the present business, and endeavours to strengthen his bare assertion, by shewing what little or no temptation he could have to interfere. But the noble Lord knows, every noble Lord in this House knows, a Court has many allurements, besides even place or emolument. His Lordship denies any obligations or personal favours whatever. I am ready to give his Lordship full credit for this declaration; but he will permit me at the same time to observe, that smiles may do a great deal; that if he had nothing to ask for himself, he has had friends, relations, and dependants amply provided for; I will not say beyond their deserts; but this I may say, much beyond their most sanguine expectations. Independent however of these considerations, I think the pride of directing the Councils of a great Nation, to certain favourite purposes, and according to certain preconceived principles, may possibly effect great things, and tempt to great hazards, considering The frame and temper of some men's minds.
Lord Mansfield now rose, in great passion. He said, he thought it had been the leading characteristick of that assembly, when contrasted with the other House, who too often descended to altercations and personal reflections, to always conduct themselves like gentlemen; but he was sorry to see that rule departed from this evening for the first time, He charged the last noble Lord with uttering the most gross falsehoods. He totally denied that he had any hand in framing all the Bills of the last session; and was certain, that the Law Officers of the Crown never asserted that they had no hand in them; but whether they had or had not, was of no consequence to him; for he was clear; the charge, when applied to him, was as unjust as it was maliciously and indecently urged.
The Earl of Shelburne returned the charge of falsehood to Lord Mansfield, in direct terms; he appealed to the House, whether the words he had used, were not, that if among the Bills of the last session, there were some disavowed by the Law Officers of the Crown, it was natural for the publick to look at a law Lord, notoriously high in favour in the Cabinet, to whose sentiments the principles of those Bills appeared to be particularly adapted, and with whose: doctrines they entirely agreed which he called on his Lordship to contradict, if he dared.
The Duke of Richmond animadverted, in very severe terms, on an expression which fell in the heat of debate from a noble Lord (Lyttelton.) He said no man could impute, littleness, lowness, or cunning, to any Member of that assembly, (alluding to what his Lordship had pointed at Lord Camden,) for delivering his sentiments freely, unless he drew the picture from something he felt within himself, as, by illiberally charging others with low and sinister designs, the charge could only be properly applied to the person from whom it originated. His Grace entered into a full consideration of the true purport of what had fallen from a noble Lord in office, (Lord Rochford,) relative to the present language and disposition of the French Court. He said, the assurances now quoted, with so much official parade, and so seasonably brought under consideration, without any design, were, or were not, to be relied on; that they were not to be entirely relied on, the noble Lord partly confessed, by insisting, that we were prepared for the worst; he should be therefore glad to know what those preparations consisted in; what proportion they bore to the strength of those, who in the contest might possibly become our adversaries; and above all, he should be obliged to the noble Lord, who presided at the head of the Naval Department, to lay before the House an authentick, precise state of what our Naval Force consisted in; because he had observed, that on a former important occasion, we received the most full and solemn assurances, that our Navy was on a very respectable footing at the time of the dispute about Falkland's Island; yet it was afterwards discovered, that we had not a single Ship-of-War fit to proceed to Sea. His Grace then proceeded to discuss the question at large, relative to our present unhappy disputes with America, and by the several important lights he let in on the subject, and the variety of interesting facts he adverted to and elucidated, he shewed himself to be very fully and thoroughly informed of the conduct of the contending parties; of the provocations given on one side, and the effects they produced on the other; and, above all, the total ignorance of Administration, relative to the temper and disposition of the Colonies.
The Earl of Sandwich, to answer his Grace, apologized for rising at that late hour of the night. He said, he had employed himself in taking notes the whole evening; and intended, before he went away, to have eased himself of the burthen, (an expression of Lord Shelburne's;) but as the matter had been already so fully discussed, he should not, at so unseasonable an hour, trespass on their Lordships' patience, but solely confine his reply to the information desired by the noble Duke, relative to the department over which he had the honour to preside. He said, when he came to the Admiralty Board, the Navy was in the most ruinous condition; insomuch, that within the last four years, there were, no less than forty Line-of-Battle Ships broke up, and even six in the course of the last year; that there was not six months Timber of any kind in the Yards, and in some, he believed, not fifty Pounds worth; and that he did not impute the least blame to the great and gallant officer, the first in the world in his, profession, (Sir Edward Haivice,) whom he had succeeded, and who had retired purely on account of his age and infirmities. His Lordship next contrasted the present state of the Navy. He said, we had now nearly fourscore Ships-of-the-Line, and several more building in the King's and Merchants' Yards, with a proportionable number of inferiour rates, all either stout, clean Ships, or Vessels newly built; that we had three years seasoned Timber in the Yards; that all that were not on actual service, or turned in Guard-Ships, were in dock, where they could not meet with any injury; that the Guard-Ships, which formerly were useless, in cases of emergency, not being fit for the Sea, nor having rigging, or more than a third of their complement of men, were now ready for any service, at a few days notice, which he instanced in the year 1773, at the time we meant to send a Fleet to the Mediterranean, when ten Men-of-War of the Line actually sailed from Plymouth within three days after they received their orders. He next informed the House, that there were twenty Guard-Ships, three of which, of the Line-of-Battle, were on the American station; that we had squadrons besides in the East and West Indies, the Leeward Islands, and Mediterranean; that after sufficiently providing for those respective services, the Naval Force for home protection would consist of seventeen Men-of-War of the Line, besides Frigates, seven thousand two hundred Seamen, and eight hundred Marines; that after the peace of Aix la Chapelle, in 1748, our whole Naval establishment did not exceed that now reserved for the Channel alone, eight thousand Seamen, including Marines, being only voted; and that he would pledge himself to answer all the demands, and co-operate with the intentions of Adminis-
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