was agreed to on all hands; but the court | remaining in the state the crown held opposed the extension of it to future times. them; perhaps the best title the North They chiefly argued that this being on the Americans had to their lands, was cultivamodel of that of king James, should go no tion and possession, and that the privy further than that did: that in future timès council, in all disputes from that country, when the evil had got to any height again, had always determined that as their best there was no fear parliament would again claim: it were to be wished that all the take it up and make a future remedy: that crown lands were sold: but that even in by remedying an evil already known, the that case, the present possessors would effects of the act would be certain, but to have the refusals, and not at too extravaextend it to futurity-who could say what gant a price-a large sum, much larger would or would not be the consequences, than most people thought, might be raised It was feared this would open a door to from such sales: that, on the whole, a more thefts from the crown, as when peo- malignant spirit had now gone forth to the ple knew where the line was to be drawn, people against the parliament; that if the they would always be endeavouring to people found no remedy against the hand take in some further estates, and if they of power from parliament, it was much to were so lucky as to get over sixty years, be feared they might resign into the hands their title was established, which might of the crown the privilege of electing their make frauds from the crown more frequent members, as an useless load on them, calthan ever that the revenues arising from culated rather to rivet their chains than the crown lands being now a part of the prevent the additional load of them. national estate, were properly the objects of the care of parliament to prevent embez-ried by 205, opposition, against the court zlement. It was answered, that one would imagine the ministry had changed sides with the opposition, as the first arguments they used would much more properly come from the other side of the House: that to parallel this act with that of James 1, they must also suppose the times parallel, which would be a satire on government: that to skin the sore, and not to eradicate the cause of it, would be acting like an unskilful quack: if a remedy for the evil part was a good measure, it must be a better measure to prevent such an evil for the future that the dangers held out, in all probability were merely chimerical, as no such consequences had happened from the act of king James; no additional quantity of law suits had followed the act of limitation in private estates: next, as to the public revenues, the net sums arising from crown lands were very insignificant, and those merely from crown leases, which would not be in any wise affected by this Bill, as it only related to the crown claims which did not appear by surveys, as the lands leased by the crown did; that the temper of the times required some relaxation of those dormant claims from the crown; as, indeed, what better title could people have to lands than long possession improvements-buildings-purchases from one to another, or descents from father to son?-that the crown revenues would more likely be advanced by the cultivation of those lands, than from their The Extension of the Act was car 124. Proceedings in the Commons respecting the Arrears of the Civil List.*] February "For the better understanding of this' several funds had long since been appropriated subject, it may be necessary to observe, that for the civil list; an establishment, which includes all the civil offices and expences of government, and those, whether public or private, which are supposed necessary for the support and dignity of the court; except on extraordinary occasions, as the marriage of a princess, or the establishment of housholds for the younger branches of the family; when, in either case, the parliament usually allots a suitable portion for the one, and a sufficient revenue for the support of the other. These appropriated funds were intended to raise the annual sum of 800,000l. which was found, and supposed fully sufficient to answer the purposes intended; if the produce of the funds exeeeded the proposed sum, the minister might have been accountable for the excess, as he however, from the nature of the subject, was would for any other part of the revenue. This, an enquiry never entered into: but if, on the other hand, there appeared to be a deficiency of the allotted sum, it was always, upon application, made good by parliament. "Many debates, however arose, at different times, upon this article of deficiency, as it was sometimes thought that the ministers were too fond of establishing claims upon it; so that, his present Majesty, soon after his accession, in order to prevent such disputes for the future, agreed to accept of the certain annual sum of 800,000l. to be paid out of the aggregate fund, in lieu of the uncertain produce of those funds 28. Lord North brought down the fol- | Majesty to discharge the same. lowing Message from his Majesty: "GEORGE R. "His Majesty finds it necessary to acquaint the House of Commons, That the expences of his civil government having exceeded the revenue settled on his Ma- | jesty by parliament for defraying such expences, he has been obliged to incur a debt of more than 500,000l. an account of which he has ordered to be laid before this House; relying on the known zeal and affection of his faithful Commons, that they will make provision for enabling his which were before appropriated to the support of the civil list. This demand, when brought into the House of Commons, was likely to produce a hot contest in the present temper and strength of opposition. Immediately motions, infinitely diversified by all the manoeuvres of parliamentary dexterity, were made for papers which might lead to a discovery of mismanagement or profusion, in the conduct of the revenue, and of the royal expences. A review was taken of the state of the civil list, and private revenues of the crown; comparisons were made with the income and the expences of former reigns. Government, they said, had, besides the certain 800,000l. very considerable revenues, arising from the principality of Wales, and the duchy of Cornwall, the produce of which, it being no part of the national supply, was never enquired into, and some new duties had, within a few years, been laid on, by virtue of the royal prerogative, in some of the new West India islands, which also produced some revenue, and which was not brought to account. In these circumstances, the civil list establishment was supposed to be upon a better footing than ever it had been before, and that what may be considered as the private finances, or treasury of the court, was also in good condition. These circumstances, they urged, rendered an enquiry necessary, to discover by what means a deficiency should have arisen, especially as it had not been observed, that any extraordinary expences had of late been entered into. "It was said, that a noble provision had already been made, for the support of the civil establishment, and of the honour and dignity of government; that it was found fully sufficient to answer these purposes, during a long course of years, with magnificence, even when that establishment was clogged with many incumbrances, which do not at present affect it, and when from the general appearance, the expences, in all other respects, were to the full as great. That it was necessary, as well as equitable, to give the public the satisfaction of knowing, in what manner their money had been expended, before new burdens were laid upon them. That if debts were contracted at will, and money obtained at demand, without G. R." Mr. Dowdeswell moved for papers to be laid before the House, of the particulars for which these sums were risen to so high an amount. The court agreed to their being laid before parliament, but at the same time declared that on the morrow, the House should go into the matter of the Message, &c. though the papers could not come before the House for some time. The Opposition thought it strange to ask for money, to have that money given first, and then to enquire how it became neces-sary to give so much. any examination, for their payment, it did not avail, what the ostensible forms of the demand or the grant might be, or in what terms they were conceived; the effects would at length be, that the forms may perhaps be continued, but that an arbitrary and unlimited revenue would be established at the will of the prince. That upon this system, the revenues of the crown would be such an inexhaustible resource to an evil minister, as would enable him to compass the most destructive measures; and that though the people were always ready to give their money with the greatest pleasure, to support the dignity, or even the magnificence of the crown, that it behoved them to know in what manner it was laid out, lest by getting into such hands, it might some time or other be employed to the destruction of their liberties, and the subversion of the constitution. "On the other side it was said, that though it was generally right to observe the conduct of ministers with the closest circumspection, that in this reign, and upon the present occasion, it was less necessary. That it would be ungenerous, by any act, to shew the smallest suspicion of a prince, whose first care, upon his accession to the throne, was to strengthen the freedom of the subject, by establishing the independency of the judges: that no innovation injurious to the constitution, could be reasonably apprehended under such a prince. That his Majesty, who had in bis private share of the captures taken during the late war, given up to the nation a sum exceeding 700,000l. was entitled to particular consideration in his immediate exigencies; and that the gratitude, not to say the justice of the kingdom, was called upon in the loudest manner, to comply readily and gracefully with his request. "At the same time the ministers expressed the greatest readiness to lay the accounts and papers that were required before the House; but that the length of time which was requisite to prepare them, and the lateness of the session, made it necessary to be deferred to the next meeting, when they should be ready. It was then resolved, that the sum of 513,5117. should be granted to pay the arrears and debts due on the civil list, to the 5th of January 1769.” Annual Register for 1769. March 2. On the report of the Com re-committed. The arguments used on both sides were the same as before. Colonel Barré o served that he knew no country where they did so but in Ire-mittee, Mr. Dowdeswell moved to have it land, where, when he was vice-treasurer with lord Clare, "We always," said he, "paid the money first, and then examined if we owed it." In 1721 a like message came from the king, with this difference, that the king promised in it to make enquiry how the exceedings came, and to remedy them for the future. Lord North said he should make no such promise, as he was not sure that he could keep it. The Opposition said this was fair in the noble lord to give us that prospect, as now we might be sure to have this demand again in a year or two. Mr. Dowdeswell also moved for papers, deducing these debts with the precise time they were encreased; that, as we had had no less than five administrations since the King's accession, the nation might know to which of them they were indebted for such an increase of demands from the crown. Mr. Grenville and Mr. Dowdeswell both concurred in desiring those accounts, in order to exonerate themselves from this part of the odium; but the ministry opposed it, and gave as a reason, that no accusation being formed against any person, there was no sort of occasion to produce papers of this kind; that if on the general papers there were any such presumptions, those papers would then be very proper to be produced. The division was for the ministry 164, against 89. March 1. Before the House resolved itself into a Committee, Mr. Dowdeswell moved, "That it be an instruction to the said Committee, that before they proceed to consider of his Majesty's Message, they do consider of the causes of the debts due on account of the Civil List." The Ministry opposed this motion, observing that decency to the King required an immediate relief of his wants; that the people to whom the money was owing, were in distress for their money; and that on former occasions of the same kind, it had uniformly been the custom of the House to grant it directly. That the necessity of the crown, and the deplorable state of those to whom the money was owing, would not admit of any delays. The arguments of the Opposition were the same as the night before: however on a division the numbers were, for ministry 248, and 135 against them. Sir George Saville observed that there were three ways of doing this business. The first, by taking the words of the ministry and voting the money without any enquiry; the second, by calling for the papers but voting the money first, and examining the accounts afterwards; the third by examining the papers, and finding the accounts just, and the demands well grounded, then to proceed to vote the money. He assured the House he was sent there as the steward and trustee of a very large and populous county, and that on his return they might probably ask him what he had done with their money? He would tell them he had joined in giving a large part of it to the King. Why, say they, what did he want it for? Did you see and examine his accounts? O yes (says he) to be sure, here are all the papers, and he really wanted it. Very well (say they) we would have you support the lustre of the crown, when the crown is not too extravagant. But suppose (says he) we had taken the first course, and I replied to them, I saw no accounts, but we had the words of the ministry, a very just, honest, œconomical set of people, that the King really wanted it, and that he had not foolishly dissipated his treasures, even in this case they would not have blamed me. But (says he) had they asked, whether I had demanded the accounts and had examined them, and I should answer, that I had indeed called for the accounts, but had voted the money first, and examined them afterwards, what would they have then said? Why, you great blockhead, was ever man so foolish? what pay the debts first and see the bills afterwards? did ever man in his senses do so before? why you are not fit to be sent to London at all; we must recommend you to the care of your fellow representative, to keep you out of danger of being picked up by money droppers, at prickers at the belt. However there was no division, and the following Resolution was agreed to; "That the sum of 513,5117. be granted to his Majesty, to discharge the arrears and debts, due and owing upon the Civil List, on the 5th of Jan. 1769." Motion respecting the late Riots in St. George's Fields.] March 8. Mr. Burke made a motion, which he had some time promised, "That a Committee be appointed to enquire into the conduct of the magistrates, and the employment of the military power, in the suppressing of the riots and tumults in St. George's Fields, on the 10th of May last; and into the orders and directions given relative thereto by any of his Majesty's secretaries of state, or by his Majesty's secretary at war, together with the course which has been held concerning the public prosecutions on that occasion." He observed at the close of his speech, that an enquiry would probably either be attended with an impeach ment of the Secretary of State who wrote the Letter, or at least with a desire of the House to the King to remove him from his place; or else it would be attended with an examination how far the military should attend on the civil magistrate, and probably bring on an Act to regulate that Representation of the General Assembly of New York, denying the Right of Parliament to Tax them.] March 14. Mr. Trecothick offered to present a Representation of the general assembly of the colony of New York, "Humbly shewing their high sense of the distinguished blessings under his Majesty's government, and our happy constitution: firm in these sentiments, the inhabitants of the colony acknowledge that august body, the High Court of Parliament, as the supreme legislature over all his Majesty's dominions: they conceive that it is not essential to preserve the just dependance of the colonies, that the parliament of Great Britain, in which they are not, nor can be equally or effectually represented, should be vested with the power of taxing his Majesty's subjects in America: "That it is a fundamental principle in the English constitution, that no tax can be imposed, or any property be taken from the subject, without his consent, given by himself, or his representative in parliament. "That they were early invested with the powers of legislation, in virtue of which, the right of imposing taxes has been invariably and exclusively exercised by their representatives, in general assembly convened: that with great anxiety they observe the acts of the late parliament, imposing duties on the colonies for the declared purpose of raising a revenue, which they lament as subversive of the natural and constitutional rights of the people they represent, whose property is by these acts granted without their con sent. "That the act of the same parliament, suspending the legislative power of this colony, until they shall have made the provision required, for quartering his Majesty's troops, is still more alarming, as destructive of the very end of representation. "The subjects of this colony have always cheerfully complied with the requisitions of the crown; and they are therefore the more afflicted at the passing of those laws, which not only tend to the infringement of their natural rights as Englishmen, but seem to imply a distrust of their readiness to grant such assistance as the public exigence may require. "Urged by these reasons; they presume, with the utmost deference to the wisdom of parliament, to lay before them the distresses of their constituents; and fully trusting, that the grievances of his Majesty's subjects in America, and the united voice of all the colonies, will prevail on his Majesty, and the parliament, to grant them such relief, as they shall think necessary, to maintain an equal participation of rights, among his faithful subjects, in every part of the British empire." Lord North opposed its being brought up, seeing they denied the right of the parliament to tax them: if they petitioned to remove any grievance, it was another thing; but parliament having passed a law declaratory of its right to tax America, nothing should be received arraigning that right. Colonel Barré drew a picture of the present state of America, not very comforting to an Englishman: their laws dissolved, the military in possession of their capital, not put under the civil magistrate, but rulers of the town themselves; some provinces (as Canada) governed by no laws at all but the articles of war. He had prophesied on passing the Stamp-Act, what would happen thereon, and feared he could now prophesy further troublesthat if the people were made desperate, finding no remedy from parliament, the whole continent would be in arms immediately, and perhaps those provinces lost to England for ever. Mr. Beckford observed, that it was a strange piece of policy to expend 500,000l. a year, to assist the Custom-house officers in collecting 295. which was the whole net produce of the taxes there; that the army extraordinaries for this year had amounted to 170,000. Mr. Grenville said, there was no medium to be observed; that we must either resolve strictly to execute the revenue laws in America, or else with a good grace give up our right entirely, and repeal the declaratory laws and revenue laws directly. Mr. Burke observed, that there might be and was a proper medium; that we had an undoubted right to tax them, but that the expediency of putting that right in execution should be very evident before any thing of that sort passed. However, on putting the question, it was carried without division, that the Representation should not be brought up. Debate in the Commons on Quartering Troops in America.] March 15. The House resolved itself into a Committee on the Bill for Quartering Soldiers in America. Mr. Pownall, who had before acquainted the House, that if the Bill was brought in to continue the act in the same form, he should propose some clauses as amendments to it, did now propose two clauses, which he prefaced by shewing and explaining the difficulties which had obstructed the execution of this Quartering Act in America, and rendered it impracticable. He said the first arose from the peculiar state of the inhabitants of that country. 2. From the various also and peculiar modes of acting, under which the execution of the laws, and the conduct of their domestic and foreign affairs are carried on. 3. From the various forms of their government. He said that there were not only all these perplexities in the nature of the business itself; but this state of it gave ground to those who, from indisposition to the service were inclined to oppose it; that these things together created dangerous snares for the officers, and that from hence were derived the various reasons why the troops were not quartered according to law. That the commander in chief in America had given something of this very account to government; that the governors had told the ministry that the act was impracticable, and the people of the colonies petitioned against it. He said, besides all this, there was another reason why this law would never be really and effectually complied with as it now stood-for ordering by act of parliament, the colonies to provide certain specified articles for the quarters and barracks, was considered as the imposing an internal tax, to which they never would submit willingly. He therefore proposed to leave this matter to the people themselves, to do it in their own way, and by their own modes of doing business, in such manner as might best accommodate the troops; trusting that if it was left to them they would do it by an act of their own, as they did during the war, in such way as would be effectual to every purpose that the service could require, or the government here could desire, and therefore proposed a clause to this purport; that this Quartering Act should not be of force in any province that had by an act (which received the approbation of the crown) made provision for this purpose.' His next proposal was to empower the commanding officer of any parties of soldiers, and the magistrates of the provinces, to quarter the troops in such manner as they should by mutual agreement conclude upon in all such cases where the act could not prescribe the particular manner, and where it would be best done by such mutual agreement. His first proposal was accepted with some amendments in the draughting it, as exceptions were taken to some expressions, which seemed to derogate from the authority and competency of parliament; the clause containing his second proposal was accepted without amendment, and the Committee agreed to report the Bill as amended. The business being supposed to be over, the House became very thin; upon which lord Barrington got up and said, he had a clause to propose, which he was sure the House would agree to-he loved to do things effectually he found as this law now stood, the troops were only to be first quartered in barracks, then in public houses, and lastly in empty buildings, &c. he found the magistrates remiss in quar. tering them; he therefore should propose, that should they refuse or neglect to do so, the commanders should have orders to quarter them in private houses. Several |