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papers transmitted us from America, when you consider the dignity, the firmness, and the wisdom with which the Americans have acted, you cannot but respect their cause. History, my lords, has been my favourite study; and in the celebrated writings of antiquity have I often adinired the patriotism of Greece and Rome; but, my lords, I must declare and avow, that, in the master-states of the world, I know not the people, nor the senate, who in such a complication of difficult circumstances, can stand in preference to the Delegates of America, assembled in General Congress at Philadelphia. I trust it is obvious to your lordships that all attempts to im pose servitude upon such men, to establish despotism over such a mighty continental nation, must be vain, must be futile. Can such a national principled union be resisted by the tricks of office or ministerial manœuvres? Heaping papers on your table, or counting your majorities on a division, will not avert or postpone the hour of danger. It must arrive, my lords, unless these fatal acts are done away it must arrive in all its horrors; and then these boastful ministers, in spite of all their confidence and all their manœuvres, shall be compelled to hide their heads. But it is not repealing this or that act of parliament; it is not repealing a piece of parchment, that can restore America to your bosom you must repeal her fears and resentments, and then you may hope for her love and gratitude. But now, insulted with an armed force, irritated with an hostile array before her eyes, her concessions, if you could force them, would be suspicious and insecure. But it is more than evident that you cannot force them to your unworthy terms of submission: it is impossible: WE ourselves shall be forced ultimately to retract: let us retract while we can, not when we must. I repeat it, my lords, we shall one day be forced to undo these violent acts of oppression: they must be repealed; you will repeal them. I pledge myself for it, that you will in the end repeal them: I stake my reputation on it: I will consent to be taken for an IDEOT if they are not repealed. Avoid then this humiliating, disgraceful necessity. With a dignity becoming your exalted situation, make the first advances to concord, to peace, and to happiness. Concession comes with better grace and more salutary effect from superior power: it reconciles superiority of power with the

feelings of man, and establishes solid confidence on the foundations of affection and gratitude. On the other hand, every danger and every hazard impend to deter you from perseverance in the present ruinous measures foreign war hanging over your heads by a slight and brittle thread-France, and Spain watching your conduct, and waiting for the maturity of your errors, with a vigilant eye to America and the temper of your colonies, MORE

THAN TO THEIR OWN CONCERNS, BE

THEY WHAT THEY MAY. To conclude, my lords, if the ministers thus persevere in misadvising and misleading the King, I will not say, that they can alienate the affections of his subjects from the crown ; but I affirm, they will make the crown not worth his wearing. I will not say that the KING IS BETRAYED, but I will pronounce, that the KINGDOM is UNDONE. $ 46. LORD CHATHAM'S Specch on moring an Amendment to the Address.

On the 20th of November 1777, just at the time that government had received some dispatches of an unfavourable nature from general BURGOYNE, but not extending to the catastrophe of Saratoga, parliament assembled; and the speech from the throne expressed not only a confidence that the spirit and intrepidity of his Majesty's forces would be attended with important success; but" a determination steadily to pursue the measures in which we were engaged," with a hope "that the deluded, and unwary multitude would finally return to their allegiance."

In moving an amendment to the address, lord CHATHAM spoke as follows:

It has been usual on similar occasions of public difficulty and distress, for the crown to make application to this House, the great hereditary council of the nation, for advice and assistance. As it is the right of parliament to give, so it is the duty of the crown to ask it. But, on this day, and in this extreme momentous exigency, no reliance is reposed on your counsels-no advice is asked of parliament; but the crown from itself, and by itself, declares an unalterable determination to pursue its own preconcerted measures; and what measures, my lords? measures which have produced hitherto nothing but disappointinents and defeats. I CANNOT my lords, I WILL NOT join in congratulation on misfortune and dis

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grace. This, my lords, is a perilous and tremendous moment: it is not a time for adulation: the smoothness of flattery cannot save us in this rugged and awful crisis. It is now necessary to instruct the throne, in the language of TRUTH. We must, if possible, dispel the delusion and darkness which envelope it; and display, in its full danger and genuine colours the ruin which is brought to our doors. Can ministers still presume to expect support in their infatuation! Can parliament be so dead to its dignity and duty as to give their support to measures thus obtruded and forced upon them? Measures, my lords, which have reduced this late flourishing empire to scorn and contempt. But yesterday," and England might have stood against the world-Now, none so poor to do her reverence." The people whom we at first despised as rebels, but whom we now acknowledge as enemies, are abetted against you, supplied with every military store, their interests consulted, and their ambassadors entertained by your inveterate enemy; and our ministers do not, and dare not, interpose with dignity or effect. The desperate state of our army abroad is in part known. No man more highly esteems and honours the English troops than I do: I know their virtues and their valour: I know they can achieve any thing except impossibilities; and I know that the conquest of English America is an impossibility. You CANNOT, my lords, you CANNOT conquer America. What is your present situation there? We do not know the worst, but we know that in three campaigns we have done nothing, and suffered much. You may swell every expence, and strain every effort, accumulate every assistance, and extend your traffick to the shambles of every German despot; your attempts for ever will be vain and impotent; doubly so indeed from this mercenary aid on which you rely; for it irritates to an incurable resentment the minds of your adversaries to overrun them with the mercenary sons of rapine and plunder, devoting them and their possessions to the rapacity of hireling cruelty. If I were an American, as I am an Englishman, while a foreign troop was landed in my country, I never would lay down my arms NEVER! NEVER! NEVER! But, my lords, who is the man, that in addition to the disgraces and mischiefs of war, has dared to authorize, and associate to our

pu

arms the tomahawk and scalping knife of the savage--to call into civilized alliance the wild and inhuman inhabitant of the woods ?-to delegate to the merciless Indian the defence of disputed rights, and to wage the horrors of his barbarous war against our brethren? My lords, these enormities cry aloud for redress and nishment. Familiarized to the horrid scenes of savage cruelty, our army can no longer boast of the noble and generous principles which dignify a soldier. No longer are their feelings awake to "the pride, pomp, and circumstance of GLORIOUS war;"-but the sense of honour is degraded into a vile spirit of plunder, and the systematic practice of murder. From the ancient connection between Greas Britain and her colonies, both parties derived the most important advantage. While the shield of our protection was extended over America, she was the fountain of our wealth, the nerve of our strength, the basis of our power. It is not, my lords, a wild and lawless banditi whom we oppose; the resistance of Ame rica is the struggle of free and virtuous patriots. Let us then seize with eagerness the present moment of reconciliation. America has not yet finally given herself up to France: there yet remains a possibility of escape from the fatal effect of our delusions. In this complicated crisis of danger, weakness, and calamity, terrified and insulted by the neighbouring powers, unable to act in America, or acting only to be destroyed, WHERE is the man who will venture to flatter us with the hope of success from perseverance in measures productive of these dire effects? WHO has the effrontery to attempt it? Where is that man? Let him if he DABE stand forward and shew his face. You cannot conciliate America by your present measures: you cannot subdue her by your present or any measures. What then can you do? You cannot conquer, you cannot gain; but you can ADDRESS: you can lull the fears and anxieties of the moment into ignorance of the danger that should produce them. I did hope, instead of that false and empty pride, engendering high conceits and presumptuous imaginations, that ministers would have humbled themselves in their errorswould have confessed and retracted them, and by an active, though a late repentance, have endeavoured to redeem them. But, my lords, since they have neither sagacity

to foresee, nor justice nor humanity to shun those calamities—since not even bit fer experience can make them feel, nor the imminent ruin of their country awaken them from their stupefaction, the guardian care of parliament must interpose. I shall therefore, my lords, propose to you an amendment to the address to his Majesty To recommend an immediate cessation of hostilities, and the commencement of a treaty to restore peace and liberty to America, strength and happiness to England, security and permanent prosperity to both countries. This, my lords, is yet in our power; and let not the wisdom and justice of your lordships neglect the happy and perhaps the only opportunity.

§ 47. Lord CHATHAM on Lord SUFFOLK'S Proposal to employ Indians in the War.

[Lord SUFFOLK, Secretary of State, in the course of the debate, contended for the employment of Indians in the war.]

-

I am astonished and SHOCKED to hear such principles confessed: to hear them avowed in this House, or even in this country. My lords, I did not intend to have encroached again on your attention, but I cannot repress my indignation. Í feel myself IMPELLED to speak. My lords, we are called upon as members of this House, as men, as Christians, to protest against such horrible barbarity -"That God and Nature put into our hands!" What ideas of God and Nature that noble lord may entertain, I know not; but I know that such detestable principles are equally abhorrent to religion and humanity! What, to attribute the sacred sanction of God and Nature to the massacres of the Indian scalping knife-to the cannibal savage torturing, murdering, devouring, drinking the blood of his mangled victims! Such notions shock every precept of morality, every feeling of humanity, every sentiment of honour. These abominable principles, and this more abominable avowal of them, demand the most decisive indignation. I call upon that reverend, and this most learned bench to vindicate the religion of their God, to support the justice of their country. I call upon the bishops to interpose the unsullied sanctity of their lawn: upon the judges to interpose the purity of their ermine, to save us from this pollu

She

tion. I call upon the honour of your
lordships to reverence the dignity of your
ancestors, and to maintain your own. I
call upon the spirit and humanity of my
country, to vindicate the national charac-
ter. I invoke the genius of the constitu-
tion. From the tapestry that adorns these
walls, the immortal ancestor of this noble
lord frowns with indignation at the dis-
grace of his country. In vain did he de-
fend the liberty, and establish the religion
of Britain, against the tyranny of Rome,
if these worse than popish cruelties and
inquisitorial practices are endured among
us. To send forth the merciless cannibal,
thirsting for blood! against whom! Your
protestant brethren!-to lay waste their
country, to desolate their dwellings, and
extirpate their race and name, by the aid
and instrumentality of these horrible hell-
hounds of war! Spain can no longer
boast pre-eminence in barbarity.
armed herself with blood-hounds to extir-
pate the wretched natives of Mexico; but
we, more ruthless, loose the dogs of war
against our countrymen in America, en-
deared to us by every tie that should
sanctify humanity. My lords, I solemn-
ly call upon your lordships, and upon
every order of men in the state, to stamp
upon this infamous procedure the indeli-
ble stigma of the public abhorrence. More
particularly I call upon the holy prelates
of our religion to do away this iniquity:
let them perform a lustration to purify
their country from this deep and deadly
sin. My lords, I am old and weak, and
at present unable to say more, but my
feelings and indignation were too strong
to say less. I could not have slept this
night in my bed, nor reposed my head
upon my pillow, without giving this vent
to my eternal abhorrence of such enor-
mous and preposterous principles.

48. MR. BURKE'S Conclusion of his
Speech to the Electors of Bristol.

"But, if I profess all this impolitic "stubbornness, I may chance never to be "elected into parliament." It is certainly not pleasing to be put out of the public service. But I wish to be a member of parliament, to have my share of doing good and resisting evil. It would therefore be absurd to renounce my objects, in order to obtain my seat. I deceive myself indeed most grossly, if I had not much rather pass the remainder

of

cularly obliging. If this company should think it adviseable for me to withdraw, I shall respectfully retire: if you think otherwise, I shall go directly to the Council-house and to the 'Change, and, without a moment's delay, begin my canvass.

of my life, hidden in the recesses of the decpest obscurity, feeding my mind even with the visions and imaginations of such things, than to be placed on the most splendid throne of the universe, tantalized with a denial of the practice of all which can make the greatest situation any other than the greatest curse. Gentlemen, If have had my day. I can never sufficiently express my gratitude to you for having set me in a place, wherein I could lend the slightest help to great and laudable designs. If I have had my share in any measure giving quiet to private property, and private conscience; if by my vote I have aided in securing to families the best possession, peace; if I have joined in reconciling Kings to their subjects, and subjects to their prince; if I have assisted to loosen the foreign holdings of the citizen, and taught him to look for his protection to the laws of his country, and for his comfort to the goodwill of his countrymen; if I have thus taken my part with the best of men in the best of their actions, I can shut the book—I might wish to read a page or two more-but this is enough for my measure-I have not lived in

vain.

And now, gentlemen, on this serious day, when I come, as it were, to make up my account with you, let me take to myself some degree of honest pride on the nature of the charges that are against me. I do not here stand before you accused of venality, or of neglect of duty. It is not said, that, in the long period of my service, I have, in a single instance, sacrificed the slightest of your interests to my ambition, or to my fortune. It is not alleged, that to gratify any anger, or revenge of my own, or of my party, I have had a share in wronging or oppressing any description of men, or any one man in any description. No! the charges against me are all of one kind, that I have pushed the principles of general justice and benevolence too far; further than a cautious policy would warrant; and further than the opinions of many would go along with me.-In every accident which may happen through life, in pain, in sorrow, in depression, and distress-I will call to mind this accusation, and be com forted.

Gentlemen, I submit the whole to your judgment. Mr. Mayor, I thank you for the trouble you have taken on this occa

In your state of health it is parti

49. Speech of JOHN PHILPOT CURRAN, Esq. in defence of LADY PAMELA FITZGERALD and her infant children, at the bar of the House of Commons in Ireland.

Lord Edward Fitzgerald having died in prison before trial, of the wound he received in resisting the person who ap prehended him; a bill was brought into parliament to attaint him after his death; Mr. Curran was heard at the bar of the house of commons, against the bill as counsel for the widow and infant children of that nobleman, (the eldest of whom was only four years old,) on which occa sion Mr. Curran delivered the following speech. Mr. Curran said, "He rose in support of a petition presented on behalf of Lord Henry Fitzgerald, brother of the deceased Lord Edward Fitzgerald, of Pamela, his widow, Edward, his only son and heir, of the age of four years, Pamela his eldest daughter, of the age of two years, and Lucy his youngest child of the age of three months; against the bill of attainder then before the committee. The bill of attainder (he said) had formed the subject into two parts. It asserted the fact of the late Lord Edward's treason, and secondly it purported to attaint him, and to vest his property in the crown; he would follow the same order: as to the first bill, he could not but remark upon the strange looseness of the allegation; the bill stated that he had during his life, and since the first of November last, com mitted several acts of high treason. Without stating what, or when, or where, or with whom; it then affected to state the different species of treason, of which he had been guilty, namely, conspiring to levy war and endeavouring to persuade the enemies of the king to invade the coun try, the latter allegation was not attempt ed to be proved! the conspiring to levy, without actually levying was clearly no high treason, and had been repeatedly so determined before this previous and important question, namely, the guilt of lord Edward, (and without the full proof of which no punishment can be just). He

had

the bill.

had been asked by the committee, if he had any defence to go into? he was confounded by a question which he could not answer; but upon a very little reflection he saw in that very confusion the most conclusive proof of the injustice of For what (he said) can be more flagrantly unjust, than to inquire into a fact, of the truth or falsehood of which no human being can have knowledge, save the informer who comes forward to assert it. Sir, (said he) I now answer the question. I have no defensive evidence. I have no case! it is impossible I should, I have often of late gone to the dungeon of the captive; but never have I gone to the grave of the dead to receive instructions for his defence-nor in truth have I ever before been at the trial of a dead man! I offer therefore no evidence upon this inquiry. Against the perilous example of which, I do protest in behalf of the public, and against the cruelty and injustice of which I do protest in the name of the dead father, whose memory is sought to be dishonoured, and of his infant orphans, whose bread is sought to be taken away. Some observations, and but a few upon the assertions of Reynolds, I will make, (Mr. Curran then observed upon the credit of Reynolds by his own confession): I do believe him in that instance, even though I have heard him assert it upon his oath, by his own confession, an informer, and a bribed informer; a man whom several respectable witnesses had sworn in a court of justice upon their oaths, not to be credible on his oath-a man upon whose single testimony, no jury ever did, nor ever ought to pronounce a verdict of guilty. A kind of man to whom the law resorts with abhorrence, and from necessity, in order to set the criminal against the crime; but who is made use of by the law upon the same reason that the most noxious poisons are resorted to in medicine. If such the man, look for a moment at his story; he confines himself to mere conversation only, with a dead man. He ventures not to introduce any third person, living or even dead! he ventures to state no act whatever done, he wishes indeed to asperse the conduct of lady Edward Fitzgerald, but he well knows, that even were she in the country, she could not be adduced as a witness to disprove him.

See, therefore, if there can be any one assertion to which credit can be given, ex

cept this, that he has sworn, and foresworn, that he is a traitor, that he has received five hundred guineas to be an informer, and that his general reputation is to be entirely unworthy of credit.

As to the papers, it was sufficient to say, that no one of them, nor even all of them, were ever asserted to contain any positive proof against lord Edward; that the utmost that could be deduced from them, was nothing more than doubt and conjecture; which, had lord Edward been living, might have been easily explained-to explain which was now impossible; and upon which to found a sentence of guilt would be contrary to every rule of justice or humanity.

He would therefore pass to the second question: was this bill of attainder warranted by the principles of reason? the principles of forfeiture in the laws of treason, or the usage of parliament in bills of attainder? The subject was of necessity very long, it had nothing to attract attention, but--much to repel it. But he trusted that the anxiety of the committee for justice, notwithstanding any dulness either in the subject or the speaker, would secure to him their attention. (Mr. Curran then went into a minute detail of the principles of the law of forfeiture for high treason.) The laws of the Persians, and Macedonians, extended the punishment of the traitor to the extinction of all his kindred. That law subjected the property and life of every man to the most compli cated despotism, because the loyalty of every individual of his kindred was a matter of wild caprice, as the will of the most arbitrary despot could be.

This principle was never adopted in any period of our law; at the earliest times of the Saxons, the law of treason acted directly only on the person of the criminal, it took away from him what he actually had to forfeit, his life and property. But as to his children, the law disclaimed to affect them directly; they suffered, but they suffered by a necessary consequence of their father's punishment, which the law could not prevent, and never directly intended. It took away the inheritance, because the criminal at the time of taking it away, had absolute dominion over it, and might himself have conveyed it away from his family. This, he said, was proved by the instances of conditional fees at the common law,

and estates intail since the last statute De

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