And a motion being made, and the question being put, that the Bill do pass;

Mr. Fox attacked the bill, the framers, the advisers, and, in short, every single object which it held out, particularly as it would be the means of increasing and extending the prerogative of the Crown. In the course of his speech he mentioned the address from the First Battalion of Devonshire Militia. He supposed they wanted to alienate the King from the people, to imbrue their hands in the blood of their fellow-subjects; such men, he thought, ought not to be trusted with arms. The Attorney-General might be ordered to prosecute the persons complained of in the address, and, if wanted, they might come in to assist the law; that was their station.

Mr. Acland, who presented the address, said he thought the honourable gentleman pointed at him. He was no adventurer or place-hunter; he was a gentleman of independent fortune, who voted purely in conformity with his sentiments, without any sinister views whatever. Men of property, who had much at stake, who could have no interest but the publick interest, were surely the fittest persons to be trusted with arms; not those of reduced fortunes, &c. [Interrupted by Mr. Burke.]

Mr. Fox replied that he had a qualification which was sufficient; and that it was the first time he ever heard any man take any liberties in that House on account of his fortune, whether real or ideal. Standing as he did, he supposed he had as good a right to speak as any man in that House, and would not be interrupted. [Here the House interposed, and the altercation went no further.]

Lord North vindicated Mr. Acland. He said the Militia being a constitutional body, might, with great propriety, as a military body, at any time, address the Throne upon the state of publick affairs, to express their loyal dispositions to his Majesty, and promise any exertions in support of the Crown.

Mr. Burke said he was glad the noble Lord had spoken out, because he had now, by this declaration, given a clear insight into his system and principles of administration. If this were constitutional and justifiable, there was an end of the liberties of this country; and that however nominally we were free, we were, from this instant, in fact subject to military government; for if the Crown can, at any time, draw forth the suffrages and support of the Militia, (all officers appointed by the Crown,) it had all the disadvantages of a standing army, and more danger attending it from the prepossessions in favour of a Militia, and that unguarded confidence which their fellow-citizens placed in them preferable to the Army. He had hitherto been a friend to the Militia, but, from this time, he must look upon them with a jealous eye; and he thought it as safe for the guards to address the King in a body as any Provincial corps of the Militia.

Mr. Moysey opposed the bill as an unnecessary extension of the prerogative. He stated the law, as it stood independent of the proposed alteration, and argued that every reasonable purpose of a Militia establishment, being merely local, was already amply provided for by the laws in being. The House divided. The Yeas went forth:

So it was resolved in the affirmative; and that the title be, An Act to enable his Majesty, for a limited time, to call out and assemble the Militia, in all cases of Rebellion within this realm of Great Britain, or any of the Dominions there-unto belonging; and to summon the Parliament in the cases and manner therein mentioned.

Ordered, That Sir Grey Cooper do carry the Bill to the Lords, and desire their concurrence.*

HOUSE OF COMMONS.

Tuesday, October 31, 1775.

The Hon. Charles Marsham. As the noble Lord [North] had not given the House any satisfaction relative to introducing the Hanoverian troops into Gibraltar and Port-Mahon; and as he had heard nothing in justification, which had reconciled him to that measure, he took the opportunity of giving notice, that he meant to move for leave to bring in a Bill of Indemnity at a short day, unless the Minister would rise and assure the House that he intended to do it himself.

Lord North said, as far as his own thoughts went, he was perfectly satisfied of the legality of the measure; yet, as some gentlemen seemed apprehensive that it might be hereafter drawn into precedent, as an individual, he had no objection to concur in any measure which might tend to keep the heads of Ministers more securely on their shoulders. He had consulted several, who united in opinion with him, that Bills of Indemnity were never resorted to, but to defend the advisers of objectionable measures against actions at law; but never against a criminal charge, on which the person offending, or supposed to offend, was liable to be impeached. He said, he had a resolution in his pocket, which he drew out and read:

“Resolved, That it is the opinion of this House, that his Majesty having ordered a body of his Electoral Troops to compose a part of the garrison of the fortresses of Gibraltar and Minorca, whereby the greater part of the troops of this kingdom may be employed for the support of his authority, has shewn his attention to the interests of this country, being, in the opinion of this House, a measure necessarily demanding more despatch than was consistent with waiting for the assembling of Parliament.”

Mr. Marsham excepted to the resolution; first, as it did not by any means come up to his idea on the subject; secondly, though it had, he could never agree to encounter the established law of the land, springing out of the Constitution, by a resolution of one House of Parliament.

Governour Johnstone disapproved both of the bill and resolution; and believed it would be difficult to quote a more respectable authority than supported him in his opinion. He remembered well, that in a speech attributed to Lord Mansfield, universally given him by the publick, and believed to be genuine, that noble Lord, who, when he rides the horse of liberty, which he wished he would ride oftener, for nobody knew how to ride him better when he mounted him, speaking of the Act of Indemnity relative to stopping up the ports to prevent the exportation of corn in 1766, does not treat Bills of Indemnity as applying to the paltry consideration of being a bar to private actions; but describes them as favours and indulgences to Ministers, as pardons for mere blunders and errors, not proceeding from the intention.

Lord North said, his resolution might be made the resolution of both Houses by a conference.

Mr. Marsham still said, that was by no means satisfactory, and gave notice that he should move to-morrow for leave to bring in a Bill of Indemnity.

HOUSE OF LORDS.

Wednesday, November 1, 1775.

The Duke of Manchester rose and said : My Lords, I beg leave to call your attention to a subject of as great importance to the liberty of this country as America was to its wealth and power, before the violence of the times had wrested that treasure from the British Crown, and spurned the jewel because the setting appeared uncouth. I do not mean, my Lords, to dwell long on the unfortunate story; the page of future history will tell how Britain planted, nourished, and, for two centuries, preserved a second British empire; how, strengthened by her sons, she rose to such a pitch of power, that this little Island proved too mighty for the greatest efforts of the greatest nations. Within the space of twenty years, the world beheld her arms triumphant in every quarter of the globe, her fleets displayed victorious banners, her sails were spread, and conquest graced the canvass. Historick truth must likewise relate, within the same little space of time, how Britain fell to half her greatness; how strangely lost, by misjudging Ministers, by rash-advised councils, our gracious sovereign, George the Third, saw more than half his empire crumble beneath his sceptre: America, late the strength, now the foe to Britain, dismembered, torn, I fear forever lost to England, whence she sprung. With this calamity heavy on us, our duty, interest, and love to that country which still remains, calls on us to be strictly watchful of its liberty. The late Speech from the Throne has given a just alarm, has made a wound upon the Constitution,

*It was passed by the House of Lords on the 30th of November, without debate or amendment.