a measure which many friends to administration thought illegal and reprehenfible. It was confidered as, directly repugnant both to the letter and fpirit of the bill of rights, which declares, that a King of Great Britain fhall not bring foreign troops into any part of the empire, in time of peace, without the concurrence of parliament; in order therefore both to bear harmless the minifter who advised this measure, and to fecure the conftitution from violation, a bill of indemnity was proposed to be brought into parliament. The firft Lord of the Treasury declared himself perfectly fatisfied with the legality of the proceeding, and thought any act of indemnity unneceffary. This doctrine was maintained by the crown lawyers. It was contended that thefe poffeffions were not a part of GreatBritain, neither were the troops fent there in a time of peace. In difcuffing this bufinefs, a doctrine was advanced by the Secretary at War, and the Solicitor General *, which feemed to fubvert the very foundations of the conftitution they contended, that the bill of rights was only declaratory of ancient ufage: that it was an indispensable prerogative inherent in the crown, to raise an army, and keep it on foot either in time of war or peace; and that parliament had no legal means of controling fuch a meafure, but by withholding the supplies neceffary for its fupport. That the particular right of the crown to put garrifons into the feveral fortreffes, both within the kingdom and beyond fea, was never controverted or denied in times of the greatest popular licentioufnefs. The garrifons maintained in Berwick, Newcaûtle, the Marches, in Portfmouth, and the Cinque Ports, were produced as proofs of this. The garrisons kept in Calais for more than two centuries, and in Tangier during the greater part of the reign

Mr. Wedderburne,

of

of Charles II. were urged in proof of that prerogative being exercised beyond the fea. On this ground, fay they, flood the King's prerogative until the revolution, and the ufage fince that period was the moft decifive evidence and confirmation of the inherent right now contended for. George I. in the fecond year of his reign, brought over a body of Dutch troops without confulting parliament. In the year 1719 fimilar orders were iffued, when an invafion from Spain was apprehended. The fame practice took place during the rebellion in 1745, and in the year 1756 a body of Heffians and Hanoverians were brought into the kingdom, without any parliamentary fanction whatever *. lf fuch principles are admitted, the boafted liberties of Englishmen have no other tenure than the courtesy of the Sove reign. If it is the prerogative of the crown to raise troops, or introduce foreigners without any reftriction; the power thereby acquired may compel a provifion for their payment, fhould it be withheld. The prætorian bands foon rendered the Roman fenate a mere appendage of power, and an army furrounding the House of Commons, might once more degrade the fpeaker's mace into a bauble.

*It might have been urged, that the declaration of rights †, exhi bits as one of the twelve charges against King James the Second," that he raised and kept a standing army within the kingdom in time of peace, without confent of parliament;" and in the fubfequent declaratory part, it exprefsly pronounces fuch a conduct to be against law. The preamble to every mutiny bill speaks the fame language. The inftances produced of the introduction of foreign troops into the kingdom, were by no means fimilar to that under difcuffion, as on each occafion the crown acted either by virtue of the treaties of guarantee with the Dutch, or by another treaty entered into in 1702, both of which had received the fanction of parliament.

† William and Mary, cap. 2.

Ever

Ever fince the acceffion of the House of Hanover, the cry had been against a standing army, and a politician of great fagacity, whose writings are now held in the highest eftimation, calls a standing army "a mortal diftemper in the în British conftitution, of which it must inevitably perish*." If parliament was convinced of the propriety of sending foreign troops to garrifon our poffeffions in the Mediterranean, still a bill of indemnity feemed neceffary, if it was only to fecure to that part of the legiflature their right of deciding upon fuch a measure; but when men of great weight and confequence openly avowed a different fentiment, and declared principles repugnant to the spirit of liberty, and fubverfive of the conftitution as fettled at the revolution, it might have been expected to have given a general alarm, and to have drawn the attention of the house from the proper business under debate, to the adjusting of a concern of fuch magnitude. In this view it appears to have been a national queftion equally important to this country, as that which was lighting up a civil war in America was to the Colonies. In both, the matter imme diately in iffue, was not very momentous, but their importance lay in their confequences, and the abuse which might be made of fuch precedents hereafter. The apprehenfions of one country caused the people to refort to arms: on the other, they gave birth to a mock indemnity-bill in the House of Commons, which perished in the House of Lords. A jealousy of the powers of the crown is not the characteristic of the prefent age.

At the opening of the feffion, a petition was presented to each Houfe of Parliament from the affembly of Nova Scotia, in confequence of Lord North's conciliatory propofitions, and was intended by thofe who promoted it in that Colony,

* Hume's Effays.

as

as a pattern and precedent for the reft. It proposed to grant to his Majesty in perpetuity, a duty of poundage ad valorem, upon all commodities imported into that province, not being the produce of the British dominions in Europe or America, bay falt excepted, by which means the amount of the revenue would regularly keep pace with the wealth and confumption of the Province. The minifters fupported this propofition as fit to be accepted, and fuggefted to the Houfe, that the amount of fuch duties should be eight per cent. on all fuch commodities. He thought fuch an example extremely inviting to the other, Colonies; and although the poverty of Nova Scotia would render the revenue drawn from fuch regulations very fmall, yet by fhewing the moderation of this country, it would encourage more opulent Colonies to make fimilar applications, and thereby break the confederacy which was formed. In confequence hereof the House came to a resolution, that as soon as an act should be paffed by the general affembly of the province of Nova Scotia, to establish this rate of duty, and his Majefty should have given his royal approbation thereof, all duties and taxes laid by any act of parliament in force, ought to cease and be discontinued; and fo long as fuch act of affembly should continue in force, no other duties or taxes ought to be impofed by parliament within that province, except fuch as may be expedient for the regulation of commerce. The nett produce of which was to be carried to the account of the province. It alfo permitted the importation of wines, oranges, lemons, and other produce of Spain and Portugal, directly from the place of their growth.

The principal objection raised to this plan was, that the revenue heretofore drawn from the provinces, every part of which, except the tea duty, had been fubmitted to and quietly paid, was more productive than the new duties pro

1

pofed in lieu of them would be, in cafe this regulation was generally adopted. Neither did it appear likely that the more opulent Colonies fhould follow the example of a diftrict which ever had been a confiderable expence to government, and continued to require a yearly grant from parliament for its fupport.

Whether the miniftry in profecuting this meafure faw the inefficacy of its tendency, or that an over-ruling power about this time had gained an afcendency in the cabinet, nothing more was heard of the Nova Scotia petition after it had paffed the committee. Indeed the only thing which had procured it the countenance of government, was its conformity to that mode of taxation which the minifter had prescribed; for even the inhabitants of this poor and dependent spot, dared to exhibit a long catalogue of grievances, although living in the habitual fubjection to a military force.

Still purfuing the idea of exacting obedience from the Colonies, by interdicting their trade, which had produced fo many restrictive acts, the minifter brought in a bill to prohibit all trade and intercourfe with the Thirteen United Colonies in America. It authorized the commanders of his Majefty's fhips of war, to make prize of ships or goods belonging to Americans, whether found on the high feas or in harbour, and vefted the property in the captors. A clause was inferted, by which all Americans who fhould be taken on board the veffels belonging to that continent, were made liable to ferve indifcriminately, without diftinction of perfons, as common failors on board our ships of war, at the difcretion of the commanding officer of the King's fhip. Such Americans were to be entered on the fhips books, and confidered as volunteers. And those pri

foners