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Mr. Martyn concluded the debate, with faying that he Mr. Marwithed to have Minifters uninterrupted at this time, in the tyn. profecution of peace.

The House then divided on the motion for the order of

the day.-Ayes 219; noes 46; majority 173-Adjourned.

December 19.

The Lord Advocate moved for leave to bring in a bill to The Lord renew the act of Pains and Penalties againft Sir Thomas Advocate. Rumbold and Peter Perring, Efq. He faid, that there had not been time to get through the evidence, and to finish the accounts, before the act made for that purp. Alast feflion would expire.

Mr. Secretary Townshend feconded the motion.

Rumbold.

Sir Thomas Rumbold entered into a detail of the great in- Sir Thomas conveniencies that had arifen to him from the act which the learned Lord had juft moved to renew against him. He had patiently fubmitted to the paffing of the act, because it was the fenfe of the Houfe; but the inconvenience he met with from that circumftance, could not be defcribed. His property had been locked up from him; he might have farved for want of the common neceffaries of life, had it not been for the kind affiftance of fome of his friends. There were many juft debts which he wifhed to have difcharged, but that also he was precluded from by the act which was going to be renewed againft him. By that act, if paffed, he fhould be obliged to renew his bails. Some of his friends, who had been fecurity for him, were in the country far from town, neither was he certain that they would ftand forward for him again; befides, it was a most painful task to be obliged to folicit, or even permit his friends to take fo much trouble, if they would even do it without folicitation, as to enter into frefh engagements for him. He hoped that the House would liften to his own folemn promifes and engagements to any fum they would mention, for his being forthcoming to anfwer any thing that that Houfe might demand of him, if even his life fhould be the forfeit. From the candour he had fhewn from the beginning of the whole bufinefs, he hoped the Houfe would think him intitled to fuch a request, and that they would be led to give credit to him from the readinefs he had always fhewn to throw himfelf upon their juftice. The honourable Baronet then mentioned another inconvenience which he had met with from the bill, and that was, that fomé time after the act for reftraining his property had paffed laft feffion, he applied to the Bank to transfer fome ftock which he wanted to difpofe of, both be

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Mr. Jack

fun.

Mr. Burke.

caufe the market was high, and that he wanted the money for fome private ufes; but, to his great aftonishment and his difappointment, he found the Governor of the Bank would not permit him to transfer any of his property there. He would not take upon him to fay with what propriety it was done, but he mentioned it to fhew the inconveniencies the act laid him under.

Mr. Jackfon lamented that he did not fee the Governor of the Bank in the Houfe, who, was he prefent, would fufficiently explain his conduct, which he was fure must be confiftent; but he could fay, that he had heard that the honourable Baronet was offered a dividend upon his property in the funds.

Mr. Burke faid, it was not in the power of the House to grant the indulgence the honourable Baronet required; it was not a private bufinefs which concerned the honourable Baronet; it was a very great queftion that lay before thein, as a Court of Judicature, to determine between two parties, between the inhabitants of Afia and the honourable Baronet; therefore it could not be delayed. If the charges were made good, he would move that the money, which would appear to have been unjustly obtained from them, fhould not go to the private emolument either of an individual or of the Crown, but be returned by way of compenfation. Sir Thomas Sir Thomas Rumbold replied to Mr. Burke, and said, he wanted no delay; he wifhed to have the bufinefs ended, that he might be relieved from embarraffinent. Why was it not told from whom the money was taken when gentlemen talked of peculation? Here the matter ended,

Rumbold.

Colonel
Onflow.

Colonel

General Smith brought up a petition from Peter Perring, Efq. praying that his name might be left out of the restraining bill. It was objected to, and the Houfe would not grant the prayer.

Colonel Onflow then faid, he held a petition in his hand from John Whitehill, Efq. praying to be relieved from the penalties of the bill which had paffed against him last feffion. It was objected to by the Lord Advocate, Mr. Macdonald, the Attorney General, and others. Mr. Dempfter spoke for mercy; but the petition was rejected, as Mr. Whitehill had fled from the juftice of his country.

Colonel Fitzpatrick begged to call the attention of governFitzpatrick. ment to the circumftance which had given fome alarm to the people of Ireland, the decifion of an Irish caufe in the Court of King's Bench in England. He wished juft to beg that minifters would, before the recefs, give fome intimation of what they intended to do in that question.

Mr.

fhend.

Mr. Secretary Townshend affured the honourable gentleman Mr. Secrethat government had spent many hours in the bufinefs of táry TownIreland, and they had the ftrongeft difpofitions to do every thing in their power to confirm the happy fettlement which took place laft feffion. He explained the late decifion to have arifen from a circumftance which could not be provided againft, viz. that the caufe had been in the Court for eighteen months, and the judges were bound to decide in it.

Colonel Fitzpatrick faid, that he was only anxious that Colonel fatisfaction fhould be given to the Irish nation on this ground, Fitzpatrick and that they should learn, before the recess, that this country was well difpofed to give every neceffary fatisfaction. He faid this was particularly to be wifhed, becaufe pains had been taken to spread ideas, that what had been done was not fufficient for the fecurity of Ireland; and on the score of this decifion furmifes had been thrown out againft the friends of order and reason, who were convinced of the rectitude of the intentions of Britain. He understood that there were feveral other caufes in the Court of King's Bench. Mr. Secretary Townshend faid, he had enquired into the Mr. Secre fact whether there were any more caufes in the King's Bench, and he understood there were not. He found there were two appeals before the House of Lords, which had also been there before the act of laft feffion; but he understood that they would be removed, and pains had been taken to prevent any more appeals from being brought to England.

tary Town

fhend.

neral.

The Attorney General explained the reafon of the late deci- The Atfion very clearly, and faid it was impoffible for the noble torney GeLord at the head of that Court, who was the pride and ornament of human nature, to prevent the decifion. He faid there were no more Irifh caufes, and it was now impoffible that there should be any more.

Mr. Fox faid, that on this fubject he took the first mo- Mr. Fox ment to declare that the intentions of thofe minifters who had sent the repeal of the declaratory law, were thereby to make a complete, abfolute, and perpetual furrender of the British legislative and judicial fupremacy over Ireland. This was the intention of government; and it was the clear conviction both of minifters and of the gentlemen of Ireland, who interested themfelves in the bufinefs, that the manner in which this was done was the beft poffible way, and the least liable to exception. Since this had been done, opinions had been propogated, that a renunciation was better than a repeal. A renunciation was then thought of; but it was the opinion of

the

The Com

the gentlemen, that if Britain did it by a renunciation of the right, it would be offenfive to Ireland, because thereby we declared that we poffeffed the right. Again, a renun ciation, ftating it to be a right which we never legally poffelfed, was what England would not be brought to agree to, and therefore the plan purfued was the beft way; and as it was clearly understood to be a complete furrender, was re-. ceived with cordiality by thofe gentlemen whom he would pronounce to be the best and trueft friends of Ireland.

The Commander in Chief declared, that government were mander in refolved to do every thing in their power to put an end to all disputes of every kind.

Chief.

Mr. Burke.

Mr. Chancellor Pitt.

Mr. David
Hartley.

Mr. Burke moved for leave to bring in bills for the fale of the crown lands, copying the motions he originally made on that fubject, and they were all agreed to.

Mr. Chancellor Pitt gave notice to the Houfe, that foon after the recefs he fhould refuine the confideration of a reform in the reprefentation of the people in Parliament. He wifhed to draw information from every part of the country, and he believed that during the holidays there would be dif cuffions which would bring to that House the fenfe of the

country.

It was faid, that there fhould be a call of the House against the time, and it was agreed that a motion fhould be made the next day for that purpose.

Mr. David Hartley then rofe to move the queftion he had intimated the day before, and he did it without wifhing to debate the matter in fo thin a Houfe, which could not arife, he faid, from cafualty. He enumerated the reasons that he had for wifhing that there might be a fresh declaration made by the Houfe, that the minifter, who fhould renew the American war, would be confidered by them as the enemy of his country. The only difference he defired to make was to leave out the words for the purpofe of reducing America to obedience by force. Thefe were words which might be used as a cloak, and bad minifters might carry on the American war for other purpofes. He concluded with moving,

"That an humble addrefs be prefented to his Majefty, ftating, that his faithful Commons think it their indifpen. fible duty not only to return their grateful thanks to his Majefty for having adopted the fenfe of his Parliament and people, in having pointed all his views and meafures, as well in Europe as in North America, to an entire and cordial

recon

reconciliation with those colonies; but, likewise, to exprefs to his Majefty, that whatever may be the refult of the general negociation for peace now depending, that our conciliatory fentiments towards America remain unaltered, as prefented in their humble addrefs to his Majefty on that fubject in the latt feffion of Parliament; and therefore that this Houfe will confider as enemies to his Majefty and this country, all thofe who fhall endeavour to fruftrate fuch beneficent difpofitions of his Majesty, by advising, or by any means attempting the further profecution of war on the continent of America."

Col. Hartley feconded his honourable relation in a speech of Col Hartfome length; he was very warm in reprobation of the curfed ley. fyftem of the American war; and was very diftrustful of the intentions of the prefent Adminiftration, who, he was of opinion, intended to purfue that bloody fyftem.

fhend.

Mr. Secretary Townshend combated the propriety of fuch an Mr. Secreaddrefs, and moved to have the former addrefs to his Majefty tary Townon the fubject of discontinuing the war, and reconciliation with America, and his Majefty's moft gracious answer, read; which being complied with, he moved to adjourn.

Sir William Dolben found himself obliged to fay fomething of his fentiments of the American war, as upon a former occafion he had not had an opportunity of expreffing them. He declared he was againft recognizing American independence. It was our policy to fight with France to make us once more mafter of America. A vigorous war with the Houfe of Bourbon, crowned with fuccefs, would foon compel America to return to her duty. Sir William was falling pretty deeply into the fubject, when he was called to order by

Sir William

Dolben.

General Conway, who faid Sir William was introducing Gen. Conmatters quite extraneous to the business before the Houfe, and way. referred to the House if Sir William was not out of order.

ben.

Sir W. Dolben was very warm in reply to the General. He Sir W. Delpursued the thread of his former obfervations; but declared, if it became an agreement of State that America fhould be declared independent, he would abide by it. He likened Great Britain to the trunk of a beautiful ftatue, deprived of its other members.

Mr. Sinith and Mr. Burke faid a few words.

Mr. Martin had a firm reliance in Adminiftration, at the Mr.M rtia fame time would vote for the Addrefs.

Mr. Dempster faid, Sir William Dolben was perfectly in Mr Demp the right in declaring his fentiments, and lamented with him fter. the dismemberment of the beautiful ftatue.

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