officer in our service. He said, he hoped ministers would now take care how they discovered their disposition, if by offering to exchange Lord Cornwallis, also a lieutenantgeneral, for Mr. Laurens, having refused to do it for General Burgoyne. He concluded by giving notice, that after the recess, he would move for leave to bring in a bill to regulate the future exchange of prisoners of war.

General Burgoyne said, the first thing the House would naturally expect from him, if after the various ill usage he had received they ascribed to him the possession of a human heart at all, would be to return his best and sincerest thanks to the honourable gentleman who had spoken before him. Gratitude, he said, did not come up to the true magnitude of the feelings he experienced towards him, and he reverenced him the more, because he knew the real source of his attachment to proceed principally from a generous concern for the unfortunate, and a disinterested feeling for the oppressed and persecuted. He considered the friendship of the honourable gentleman as the greatest blessing, as well as the greatest honour that had ever happened to him in life. The general now proceeded to inform the House, that he had a motion to propose to them respecting the exchange of prisoners, from which he hoped to derive a certain knowledge from what quarter it proceeded, or to what cause it was owing that he had remained the last, and the only one of all the army that surrendered at Saratoga who had not been included in the exchange of prisoners, and restored to liberty. It was an injustice beyond all example, that every officer, and every man in the army, should have received the valuable privilege of freedom, yet he alone, who was commander-in-chief on that occasion, continued to this day a prisoner. He concluded with moving, "That an humble address be presented to his majesty, that he will be graciously pleased to give directions, that there be laid before this House, copies of all correspondence between his majesty's secretaries of state, or the secretary at war, and the commanders-in-chief, or commissaries for exchange of prisoners in North America, respecting the exchange or release of prisoners, since the 1st day of January 1778."- Lord Newhaven said, he had the other day conversed with the lieutenantgovernor of the tower, and had inquired of him, what were the

real sentiments of Mr. Laurens, as to the treatment he had received; the governor informed him, that the prisoner had professed in the strongest manner to him, that no civility could exceed that which had been exercised towards him during his confinement, and that he felt the utmost gratitude for it. He then commented upon the circumstance of Mr. Burke's having read a letter from Dr. Franklin in that House. Good God! said he, can I believe my ears! Do not my senses deceive me! Is it possible a member of this House, a British legislator, can undertake not only to acknowledge his correspondence with Dr. Franklin, an open and avowed rebel, but be daring enough to read the contents of this correspondence in his seat before the second assembly in the kingdom! This, wonderful as it was, did not constitute the climax of the honourable gentleman's conduct; he had proceeded farther; he had actually gone with this letter to the very members of the administration, and shewed it, and avowed it. For his part, had he entered into any such correspondence, he should have supposed his inevitable fate would have been, his being taken into custody, and sent to keep company with Mr. Laurens in the Tower. Lord George Germain had not the least objection to the motion. As to the affair of Mr. Laurens, he knew of no ill-treatment that he had suffered; and he had in his hand a letter, dated November 1780, in which that gentleman returned thanks for the indulgence he experienced, for the place of his confinement, and the liberty with which he had been indulged of walking about, by which he had greatly recovered from his infirmities.— Lord North said, the letter read by his noble friend was a proof that the charges brought against ministers were illfounded. He thought the honourable member rather a little wanting in candour as well as regularity, to enter so largely into an accusation of ministers, when he was only giving notice of a motion; however, as all the honourable member had said rested upon his own assertion, he would meet him with just as good authority, another assertion, and declare, that the charge of ill-treatment towards Mr. Laurens was without any foundation in truth. Mr. Fox said he did not know what might be called ill-treatment by that House; but he would pledge himself for the truth of all that had been advanced respecting Mr. Laurens; and he was the more ready to do so, because from his own knowledge, he could vouch for the truth of all the facts that Mr. Burke had stated.

Mr. BURKE, alluding to what Lord Newhaven had said about being sent to the Tower, said, he was not rich enough to occupy apartments in the tower; such a prison was better adapted to the rank and fortune of the noble lord; however, if in the tower he could enjoy the company of such men as Mr. Laurens and Dr. Franklin, he should not at all regret being shut up from the company of the noble lord.

The motion was then agreed to.

December 20.

Mr. BURKE rose to move for leave to present a petition from Mr. Henry Laurens. This he prefaced with some pertinent replies to what had been suggested from the opposite side of the House, in respect to agreeing to an inquiry being entered into relative to his correspondence with Dr. Franklin, whenever an inquiry should be made respecting the first lord of the admiralty. With great humour and pleasantry he observed, that however his conduct might call for an inquiry, on account of his correspondence with Dr. Franklin being deemed misprision of treason, he could not suppose it would be considered of that national consequence as the one that was then immediately before the House; his correspondence with Dr. Franklin could not produce such fatal calamities as attended the misconduct of the naval department. However that might be, he promised that no papers whatever should be withheld from the inspection of the House, at any time they should think proper to demand them. He then read the petition, and moved for leave to bring it up.

This being complied with, and the petition read by the clerk, he moved that it should lie on the table.-Lord North said, that however Mr. Laurens had there stated the complaint of unparalleled rigour being shewn him in confinement, he believed there was no foundation for such a complaint. Indeed,

he might think it rigorous to be at all confined. In respect to his enlargement, it was true, an indirect application had been made to him, which he did not receive till last night; so that it was impossible to grant him that relief which his languid situation might require. There must be a proper time to consider on the means and its necessity. But as the honourable gentleman had pledged himself to prove the truth of this rigour, he should defer saying much more on that particular, until the inquiry was made. It might be necessary to have the warden of the Tower before that House. It would then appear whether Mr. Laurens had not informed him that he was perfectly satisfied with the treatment he had received. The honourable gentleman had particularly complained of the cruel and impolitic treatment of Mr. Laurens. He did not know how they were to act if the laws were not to be the standard of their actions. Before the honourable gentleman could condemn the conduct of ministers in this particular, it was necessary to prove, wherein they had acted contrary to the laws.

Mr. BURKE said, that the noble lord was not such a child as to suppose he would enter into an inquiry how far the proceedings in the Tower were justifiable. He should not enter into the rigorous proceedings of that disgraceful prison, nor should he consider how far they were to be countenanced by law. He should only consider how far that power was extended beyond the line of prudence and humanity. In respect to his having pledged himself to the House to prove every particular complaint of Mr. Laurens's treatment, did the noble lord imagine he meant to attempt what was in itself so impracticable? No. He could not pretend to prove every particular of rigorous proceeding within those walls. It was impossible. He therefore wished it might be understood, that all he meant was, whatever had been alleged before, or set forth in the petition, then lying on the table, he would bring such evidence as would testify the authenticity of the whole. Nothing had been advanced respecting Mr. Laurens, either by himself or others, but what vouchers should be brought in vindication of its truth. The noble lord had said, that before he reprobated the conduct of ministry, in being

cruel and impolitic in their treatment of Mr. Laurens, it was necessary to prove wherein they had departed from the tenor of the laws. Thus far he must differ in opinion with the noble lord. One part of what he had alleged, was by the presentation of that petition brought to issue. He had been accused of representing circumstances of harsh, impolitic measures in respect to Mr. Laurens, which were absolutely false. It was said, that he himself would not complain of such treatment; for he had expressed to others, his perfect satisfaction with his confinement as a prisoner. This declaration was now brought to issue. Mr. Laurens had himself complained in such a manner, as proved this assertion to be false, and what he had before asserted of his usage to be true. Therefore nothing now remained, but to prove the bad policy of using the president of the American congress with such uncommon severity. The noble lord had sought refuge for his conduct in the sanctuary of the laws. But surely he knew better than to apply this to his present conduct. He was a logician, and could perceive the difference between the justifying an action necessarily lawful, and absolutely impolitic, although sanctified by that authority. A matter might be lawful, but not, therefore, expedient. There was a material distinction. Supposing the noble lord had a mine which produced him an immense income, and that the management of this mine depended on the sole governance of one man who might owe him ten pounds, would the noble lord consider it policy in him to arrest this man? Lawful it certainly was. But would he deem it expedient? He certainly would not, unless he chose to suffer the destruction, perhaps the annihilation of his possession.

The petition was ordered to lie on the table. The following is a copy thereof:

"To the Right Honourable Charles Wolfran Cornwall, Speaker, and the honourable the House of Commons. The Representation and Prayer of Henry Laurens, a native of South Carolina, some time recognized by the British commissioners