as necessary, in its present form he could never approve of it, because the preamble was at direct variance with the enacting clauses; that is, it proposed to indemnify such persons as advised his Majesty to send his Electoral troops into the garrisons of Gibraltar and Minorca, while the preamble, which is always taken as the ground of the bill, stated, “that doubts having arisen,” &c.

Earl Gower united in opinion with the noble Lords; said his sentiments from the beginning were the same as now, and that he thought the measure legal and constitutional, and had, accordingly, advised it, in concert with the rest of his Majesty’s Ministers; and now, in conformity with those sentiments, he should be for rejecting the Bill.

The question was put, “Whether this Bill shall pass?”

It was resolved in the negative.

Ordered, That the said Bill be rejected.

HOUSE OF COMMONS.

Friday, November 3, 1775.

Sir James Lowther moved “That the introducing the Hanoverian Troops into any part of the Dominions belonging to the Crown of Great Britain, without the consent of Parliament first had and obtained, is contrary to law.”

The House was moved, that so much of his Majesty’s most gracious Speech to both Houses of Parliament, as relates to the sending a part of his Majesty’s Electoral Troops to the Garrisons of Gibraltar and Port-Mahon, might be read; and the same was read accordingly.

The House was also moved, that the Entries in the Journals of the House, of the 18th day of March, 1698; of the Message from his Majesty to the House, informing the House that preparations were made for transporting the Guards who came with him into England, unless the House was disposed to continue them in his service any longer; and, also, the Address of this House thereupon, of the 20th day of the same month,—might be read; and the same were read accordingly.

The House was also moved, that the Entries in the Journals of this House of the 23d day of March, 1756; of the Message from his Majesty to this House, informing the House that he had augmented his Sea and Land Forces, and made a requisition of a body of Hessian Troops, upon receiving advice that a design had been formed by the French Court of invading Great Britain or Ireland; and, also, the Address of this House thereupon,—might be read; and the same were read accordingly.

The House was also moved, that the Entries in the Journals of this House, of the 19th day of December, 1745; of the Message from his Majesty to this House, informing the House of his having taken a body of Hessian Troops into his service, upon receiving advice of an intended invasion; and also, the Address of this House thereupon,—might be read; and the same were read accordingly.

Sir James Lowther said, he would not take up much of the time of the House in entering into the great question of law which this resolution led to; that, doubtless, would be spoken to by more able gentlemen than himself. The measure appeared to him to be doubly improper, both as being in direct opposition to the Bill of Rights, the Act of Settlement, and the established law of the land; and, also, that it is, at the present, highly inexpedient, in the present state of the dispute with America. Why are we, he said, to have recourse to foreign mercenaries, instead of our own troops? Why place a dependance upon those who cannot feel the same call for defending the liberty of this country, as the natives of it? There is no good reason for this; and if we may judge from the uniform tenour of Administration, in all their conduct, we ought to consider it as a most dangerous weapon, in the worst hands which any weapon can be lodged. But the noble Lord on the other side of the House will tell us that he is the able pilot that is to conduct us into port. I should be glad to ask that able pilot what are the provisions he has made on the continent of America, for the employment of those numerous forces to be voted? Where are his transports and victuallers to go? Where are his magazines to be formed? What security will he give us that they are not to roll about the Atlantick, by way of a harbour? But one question ought to include a thousand others: Why have we not peace with a people, who, it is evident, desire peace with us, and who are ready to submit to the legislative authority of this country?

[He then read, as a part of his speech, the last Address of the Congress to the People of England.]

Governour Johnstone moved to read that part in his Majesty’s Speech which says, “and I have, in testimony of my affection for my people, who can have no cause in which I am not equally interested, sent to the garrisons; of Gibraltar and Port-Mahon a part of my Electoral troops.” He then acquainted the House that he rose to second the motion of his honourable friend. Nothing, Mr. Speaker, requires such watchful attention, in this admirable system of Government, as the due poise of the sword between the King and the people. His Majesty has the entire command of the troops after they are raised or introduced into his dominions, that military operations may be conducted with that secrecy and despatch which is necessary to give them their full effect; but the people, on the other hand, must be first consulted on the occasion of raising or introducing such troops, lest, under the pretence of defending us against our enemies, an overwhelming force may be turned against our dearest rights. This rule I take to be a corner-stone in the British Constitution, which, once removed, leaves every privilege we enjoy at the mercy of the King. The words the Clerk has just read, I consider as the most wanton violation of this principle, and the most avowed declaration that it does not exist in the law or spirit of our Government. It if to meet such dangerous doctrines, and to vindicate the wisdom of our ancestors, who have not left the rights and privileges, for which they bled, on so precarious a footing, that I row presume to trouble the House. Nor does the Bill of Indemnity, laid on your table by the Ministry so early this day, slacken my ardour on the occasion. In the preamble to this bill it is declared “that doubts have arisen” on this great constitutional question. I say, then, it is fit the Legislature should determine those doubts. If so palpable a defect remains in this Government, let us boldly declare the fact, and correct it without delay. If, as I apprehend, it is free from so glaring an absurdity as that of supposing his Majesty can introduce any number of foreign troops into his dominions without the consent of Parliament, let us, with equal willingness, assert the right of the people throughout his Majesty’s dominions, and censure or pardon those who have offended, as their conduct, when duly considered, may deserve. But, in tenderness to them, do not let this great assembly forget what we owe to our country; do not let ns forget what we owe to our own dignity as legislators, by leaving so great and essential a point undecided, merely in compliance with the humours of some gentlemen, who want to balance between their former professions and their present conduct.

It was happily observed by a noble Earl, whose superior wisdom was so long revered in this House, that you might intrench yourself with parchment up to the teeth, as defences against the power of arms put into the hands of other men, but the real security consisted in never admitting of such numbers as could effect any evil purpose; for wherever such power had been entrusted, distinct from the guardians of liberty, the sword had always found a passage to the vitals of the Constitution. This principle ever directed our peace establishments till the reign of his present Majesty. This had governed the conduct of our ancestors till this hour. This jealousy is evident in every clause of the Mutiny Bill, whereby a military establishment is interwoven into our Government. But in case this prudent, generous jealousy is commendable against our own countrymen and fellow-citizens, when they become soldiers—they who have equal privileges to lose and to defend—they who have all the ties of friendship, relation, and education, to restrain them from destroying the liberties of their country— how much more watchful and attentive ought we to be, when this intoxicating power is delivered up to foreign mercenaries, who have no object but the pleasure of a Prince; who have been accustomed to consider the rights of a freeman as an insult on their profession? Shall neither argument nor experience stop this House in the madness of her American career? Must every principle of our Government be dissolved in the contest? Shall the first barriers of our freedom be levelled with the dust, to favour our Ministers in their absurd management? Shall we despise the history of all those nations, from Carthage downwards, who