in America, by the style and title of his Excellency Henry Laurens, President of Congress, now a close prisoner in the Tower of London, "Most respectfully sheweth, "That your representer for many years, at the peril of his life and fortune, evidently laboured to preserve and strengthen the ancient friendship between Great Britain and the colonies; and that in no instance he ever excited, on either side, the dissentions which separated them. That the commencement of the present war was a subject of great grief to him, in as much as he foresaw and foretold, in letters now extant, the distresses which both countries experience at this day. That in the rise and progress of the war, he extended every act of kindness in his power to persons called Loyalists and Quietists, as well as to British prisoners of war; very ample proofs of which he can produce. That he was captured on the American coast, first landed upon American ground, where he saw exchange of British and American prisoners in a course of negociation; and that such exchange and enlargements upon parole are mutually and daily practised in America. That he was committed to the Tower on the 6th of October, 1780, being then dangerously ill; that in the mean time he has, in many respects, particularly by being deprived (with very little exception) of the visits and consolations of his children, and other relations and friends, suffered under a degree of rigour almost, if not altogether, unexampled in modern British history. That from long confinement, and the want of proper exercise, and other obvious causes, his bodily health is greatly impaired, and that he is now in a languishing state; and, therefore, your representer humbly prays your honours will condescend to take his case into consideration; and, under proper conditions and restrictions, grant him enlargement, or such other relief, as to the wisdom and benignity of your honours shall seem fitting. "HENRY LAURENS." "Tower of London, Dec. 1. 1781." The admission of Mr. Laurens to bail, and the exchange of General Burgoyne, which soon after took place, together with the subsequent alterations in the political government of the country, made it unnecessary for Mr. Burke to proceed with his intended bill of regulation. MR. BURKE'S MOTION FOR AN INQUIRY INTO THE CONFISCATION OF THE EFFECTS TAKEN ON THE ISLAND OF ST. EUSTATIUS. December 4. THE Mr. BURKE rose to enter upon the subject of which he had given notice relative to the conduct of Sir George Rodney and General Vaughan at St. Eustatius; but as he intended to move for a committee, he did not think it would be necessary to go into a detail of the business at this moment, if the House should think proper that a committee should be appointed. He was here called upon to make his motion, that the House might judge, whether it would be proper to agree to it or not. He then read it, viz. "That this House will resolve itself into a committee of the whole House, to examine into the confiscation of the effects of his majesty's new subjects of the island of St. Eustatius, as well as of goods and merchandize the property of his majesty's British subjects, and into the sale and conveyance of the same to places under the dominion of his majesty's enemies, and to other places, from whence his said enemies might be easily supplied therewith." Lord George Germain said, that there were assumptions in the motion which could not be proved; or, at least, which ought to be proved before the House could, in justice, agree to it; and this was the sale of the goods in question, either to the enemy directly, or indirectly through other hands. With respect to the confiscation, that was a matter to be discussed in another place: the legality or illegality of the measure was properly cognizable in a court of law; the parties concerned had resorted to the law of the land, and by that law the legality or illegality was to be ascertained. The matter being at issue, did the honourable gentleman wish to interfere? Or would the House think it just to come to any resolution respecting the transaction, pendente lite? If the commanders had done wrong, the injured parties would be redressed; if they had done right, the law would say so. Mr. BURKE replied, that the doctrine laid down by the noble lord would, if adopted, be productive of the greatest mischief; for in every case, where a question of law and of state policy were united, one of the parties concerned had only to appeal to law; and then, pendente lite, the policy of the nation must sleep, and by proper manoeuvres it might be made to sleep till doomsday; for if it was not to be awakened till the suit should be determined, it might rest almost for ever, as it might suit the interest of the parties concerned never to bring the matter to issue; and then no decision having been had, and the pendente lite still remaining, the question of policy, according to the noble lord, could not, or at least ought not, to be agitated. Such reasoning was too ridiculous to be adopted by a House of Commons. Mr. Burke here entered upon the subject. He began with ridiculing the conduct of the admiral and general in directing their great force against the place where the least resistance was to be expected, and attacking with a small force the places that were most capable of defence, viz. St. Vincent's and St. Eustatius. The admiral inconsiderately, and withont proper information, attempted to take the former with a small force; but finding himself unequal to the task, he gave up the design, but not without shewing upon what principle he carried on the war: he had been invited by the calamity of the hurricane which he hoped had desolated St. Vincent's, to make a descent on that island; but finding the enemy stronger than he expected, he was determined to distress the poor inhabitants as much as he could; and as he was not able to carry this island, he endeavoured to distress it as much as possible, and carried away all the negroes that he could collect. The inducement which the admiral had to invade St. Vin cent's was so repugnant to the dictates of humanity, that it was really astonishing how the noble lord, who was secretary for the American department, could think of publishing that part of a letter, which said, it being probable that the hurricane and earthquake had so weakened the island of St. Vincent's, that a British admiral was resolved to add the horrors of war to the scourge of heaven, and to destroy by the sword those who had survived the dreadful calamity of storms and earthquakes. The publication of this letter was impolitic to the last degree; for, as we were determined at all events to carry on the present war, it should have been the care of ministers to conciliate, as much as possible, the good will of the different states with whom we are not at present at war. Our ministers should have considered two things: what force they themselves had to prosecute the war, and how they might increase that force by alliances. As to our own force, it was well known that it was inferior to that of the enemy; ministers were therefore highly to blame in publishing a letter that would naturally make other powers not only lukewarm in our cause, but even induce them to think that we deserved our fate. It was a mistaken notion that cabinets were mere machines, moved only by interest: cabinets were composed of men, and men must have their feelings and passions. If we had always acted upon the defensive, never provoked an enemy, or made an improper use of our own force, we should be pitied at least in our distress, and compassion might raise us friends: but the publication of the letter he had mentioned, must, he was afraid, have stifled compassion in the breasts of all the princes in Europe, and made them think we deserved the misfortunes we suffered; and the more so, when the conduct of the French admiral had furnished them with so striking a contrast: Sir George Rodney attacked St. Vincent's, but not being able to take the island, he carried off the negroes, in order to distress the inhabitants as much as he could; Comte de Grasse, when he took Tobago, forced all the privateers to deliver up the negroes he had taken from that island, and restored them to the inhabitants, whom he even permitted to send their produce to England, if they should please. Our commanders, having miscarried before St. Vincent's, directed their arms against St. Eustatius; and as they knew that no resistance of any consequence could be made, and that three stout privateers well manned might have taken the place, the British commanders, to keep up the consistency of their conduct, appeared before it with fifteen ships of the line, a proportionable number of frigates, and 3,000, or at least 2,500, of the best troops in the world. The force to resist this powerful armament consisted of a few pieces of useless artillery, and about thirty-six soldiers, who might be assisted with some invalids, &c. to the amount of twenty-four more; in all about sixty men. On this occasion, said Mr. Burke, the miracle of Jericho was needless; for at the first sound of the trumpet, and long before the ramparts could have fallen, the place, being incapable of defence, surrendered at discretion. But it seems that our commanders interpreted discretion into destruction, for they did not leave the conquered a shilling, Discretion, in the language of the civil law, meant arbitrium; not arbitrium cujuslibet pravi, but, æqui bonique viri, and of course was to be taken in a favourable interpretation and therefore the moment the people laid down their arms, they were entitled to protection; for where hostilities end, there protection begins; the inhabitants ought therefore to have received protection, though, from the manner of their surrender, they could not claim a privileged protection. But what was the protection they received? Their warehouses were locked up; their books taken from them; their provisions even withheld; and they were compelled to give in an account of all their ready money, plate, jewels, &c. nor was rank, or sex, or age, spared in the general order; all were included, and all were forced to comply; nay, so great had the hardships been, which the inhabitants were forced to undergo, that |