MESSAGES FROM THE KING TO THE PARLIAMENT.

The article of the supply relating to the army of observation, took rise

from a message signed by his majesty, and presented by Mr. Pitt, now

promoted to the office of principal secretary of state; a gentleman who

had, upon sundry occasions, combated the gigantic plan of continental

connexions with all the strength of reason, and all the powers of

eloquence. He now imparted to the house an intimation, importing, it was

always with reluctance that his majesty asked extraordinary supplies of

his people; but as the united councils, and formidable preparations

of France and her allies threatened Europe in general with the most

alarming consequence; and as these unjust and vindictive designs were

particularly and immediately bent against his majesty’s electoral

dominions, and those of his good ally the king of Prussia, his majesty

confided in the experienced zeal and affection of his faithful commons,

that they would cheerfully assist him in forming and maintaining an army

of observation, for the just and necessary defence and preservation of

those territories, and enable him to fulfil his engagements with his

Prussian majesty, for the security of the empire against the irruption

of foreign armies, and for the support of the common cause. Posterity

will hardly believe, that the emperor and all the princes of Germany

were in a conspiracy against their country, except the king of Prussia,

the elector of Hanover, and the landgrave of Hesse-Cassel; and they

will, no doubt, be surprised, that Great Britain, after all the treaties

she had made, and the numberless subsidies she had granted, should not

have an ally left, except one prince, so embarrassed in his own affairs,

that he could grant lier no succour, whatever assistance he might

demand. The king’s message met with as favourable a reception as he

could have desired. It was read in the house of commons, together

with, a copy of the treaty between his majesty and the king of Prussia,

including the secret and separate article, and the declaration signed

on each side by the plenipotentiaries at Westminster: the request was

granted, and the convention approved. With equal readiness did they

gratify his majesty’s inclination, signified in another message,

delivered on the seventeenth day of May, by lord Bateman, intimating,

that in this critical juncture, emergencies might arise of the utmost

importance, and be attended with the most pernicious consequences, if

proper means should not be immediately applied to prevent or defeat

them; his majesty was, therefore, desirous that the house would enable

him to defray any extraordinary expenses of the war, incurred or to

be incurred for the service of the current year; and to take all such

measures as might be necessary to disappoint or defeat any enterprises

or designs of his enemies, as the exigency of affairs might require.

The committee of supply forthwith granted a very large sum for these

purposes, including the charge of German mercenaries. A like message

being at the same time communicated to the upper house, their lordships

voted a very loyal address upon the occasion; and when the article

of supply, which it produced among the commons, fell under their

inspection, they unanimously agreed to it, by way of a clause of

appropriation.

MEASURES TAKEN TO REMOVE THE SCARCITY OF CORN.

We have already observed, that the first bill which the commons passed

in this session, was for the relief of the poor, by prohibiting the

exportation of corn; but this remedy not being judged adequate to the

evil, another bill was framed, removing, for a limited time, the duty

then payable upon foreign corn and flour imported; as also permitting,

for a certain time, all such foreign corn, grain, meal, bread, biscuit,

and flour, as had been or should be taken from the enemy, to be landed

and expended in the kingdom duty free. In order still more to reduce the

high price of corn, and to prevent any supply of provisions from

being sent to our enemies in America, a third bill was brought in,

prohibiting, for a time therein limited, the exportation of corn, grain,

meal, malt, flour, bread, biscuit, starch, beef, pork, bacon, or other

victual, from any of the British plantations, unless to Great Britain

or Ireland, or from one colony to another. To this act two clauses were

added, for allowing those necessaries, mentioned above, to be imported

in foreign built ships, and from any state in amity with his majesty,

either into Great Britain or Ireland; and for exporting from Southampton

or Exeter to the Isle of Man, for the use of the inhabitants, a quantity

of wheat, barley, oats, meal, or flour, not exceeding two thousand five

hundred quarters. The commons would have still improved their humanity,

had they contrived and established some effectual method to punish those

unfeeling villains, who, by engrossing and hoarding up great quantities

of grain, had created this artificial scarcity, and deprived their

fellow-creatures of bread, with a view to their own private advantage.

Upon a subsequent report of the committee, the house resolved, that,

to prevent the high price of wheat and bread, no spirits should be

distilled from wheat for a limited time. While the bill, formed on this

resolution, was in embryo, a petition was presented to the house by

the brewers of London, Westminster, Southwark, and parts adjacent,

representing, that, when the resolution passed, the price of malt,

which was before too high, immediately rose to such a degree, that the

petitioners found themselves utterly incapable of carrying on business

at the price malt then bore, occasioned, as they conceived, from an

apprehension of the necessity the distillers would be under to make use

of the best pale malt, and substitute the best barley in lieu of

wheat: that, in such a case, the markets would not be able to supply

a sufficient quantity of barley for the demands of both professions,

besides other necesssary uses: they therefore prayed, that, in regard

to the public revenue, to which the trade of the petitioners so largely

contributed, proper measures might be taken for preventing the public

loss, and relieving their particular distress. The house would not lend

a deaf ear to a remonstrance in which the revenue was concerned. The

members appointed to prepare the bill, immediately received instructions

to make provision in it to restrain, for a limited time, the distilling

of barley, malt, and all grain whatsoever. The bill was framed

accordingly, but did not pass without strenuous opposition. To this

prohibition it was objected, that there are always large quantities of

wheat and barley in the kingdom so much damaged, as to be unfit for any

use but the distillery, consequently a restriction of this nature

would ruin many farmers, and others employed in the trade of malting.

Particular interests, however, must often be sacrificed to the welfare

of the community; and the present distress prevailed over the prospect

of this disadvantage. If they had allowed any sort of grain to be

distilled, it would have been impossible to prevent the distilling

of every kind. The prohibition was limited to two months; but at

the expiration of that term, the scarcity still continuing, it was

protracted by a new bill to the eleventh day of December, with a

proviso, empowering his majesty to put an end to it at any time after

the eleventh day of May, if such a step should be judged for the

advantage of the kingdom.

{GEORGE II. 1727-1760}

MILITIA BILL.

The next bill that engaged the attention of the commons, was a measure

of the utmost national importance, though secretly disliked by many

individuals of the legislature, who, nevertheless, did not venture to

avow their disapprobation. The establishment of a militia was a very

popular and desirable object, but attended with numberless difficulties,

and a competition of interests which it was impossible to reconcile.

It had formerly been an inexhaustible source of contention between the

crown and the commons; but now both apparently concurred in rendering it

serviceable to the commonwealth, though some acquiesced in the scheme,

who were not at all hearty in its favour. On the fourth day of December,

a motion was made for the bill, by colonel George Townshend, eldest son

of lord viscount Townshend, a gentleman of courage, sense, and probity;

endued with penetration to discern, and honesty to pursue, the real

interest of his country, in defiance of power, in contempt of private

advantages. Leave being given to bring in a bill for the better ordering

of the militia forces in the several counties of England, the task of

preparing it was allotted to Mr. Townshend, and a considerable number of

the most able members in the house, comprehending his own brother, Mr.

Charles Townshend, whose genius shone with distinguished lustre: he

was keen, discerning, eloquent, and accurate; possessed a remarkable

vivacity of parts, with a surprising solidity of understanding; was

a wit without arrogance, a patriot without prejudice, and a courtier

without dependance.

While the militia bill remained under consideration in the house, a

petition for a constitutional and well-regulated militia was presented

by the mayor, jurats, and commonalty of the king’s town and parish

of Maidstone, in Kent, in common-council assembled. At the same time

remonstrances were offered by the protestant dissenting ministers of the

three denominations in and about the cities of London and Westminster;

by the protestant dissenters of Shrewsbury; the dissenting ministers of

Devonshire; the protestant dissenters, being freeholders and burgesses

of the town and county of the town of Nottingham, joined with other

inhabitants of the church of England, expressing their apprehension,

that, in the bill then depending, it might be proposed to enact, that

the said militia should be exercised on the Lord’s day, commonly called

Sunday, and praying that no clause for such purpose might pass into a

law. Though nothing could be more ridiculously fanatic and impertinent

than a declaration of such a scruple against a practice so laudable and

necesssary, in a country where that day of the week is generally spent

in merry-making, riot, and debauchery, the house paid so much regard to

the squeamish consciences of those puritanical petitioners, that Monday

was pitched upon for the day of exercise to the militia, though on

such working days they might be much more profitably employed, both for

themselves and their country; and that no religious pretence should be

left for opposing the progress and execution of the bill, proper clauses

were inserted for the relief of the quakers. Another petition and

counter-petition were delivered by the magistrates, freeholders, and

burgesses of the town of Nottingham, in relation to their particular

franchises, which were accordingly considered in framing the bill.

After mature deliberation, and divers alterations, it passed the

lower house, and was sent to the lords for their concurrence: here it

underwent several amendments, one of which was the reduction of the

number of militia-men to one half of what the commons had proposed;

namely, to thirty-two thousand three hundred and forty men for the whole

kingdom of England and Wales. The amendments being canvassed in the

lower house, met with some opposition, and divers conferences with their

lordships ensued; at length, however, the two houses agreed to every

article, and the bill soon received the royal sanction. No provision,

however, was made for clothes, arms, accoutrements, and pay: had

regulations been made for these purposes, the act would have become a

money-bill, in which the lords could have made no amendment: in order,

therefore, to prevent any difference between the two houses, on a

dispute of privileges not yet determined, and that the house of peers

might make what amendments they should think expedient, the commons left

the expense of the militia to be regulated in a subsequent bill, during

the following session, when they could, with more certainty, compute

what sum would be necessary for these purposes. After all, the bill

seemed to be crude, imperfect, and ineffectual, and the promoters of it

were well aware of its defects; but they were apprehensive that it would

have been dropped altogether, had they insisted upon the scheme being

executed in its full extent. They were eager to seize this opportunity

of trying an experiment, which might afterwards be improved to a greater

national advantage; and, therefore, they acquiesced in many restrictions

and alterations, which otherwise would not have been adopted.

BILL FOR QUARTERING FOREIGN TROOPS, &c.

The next measure that fell under the consideration of the house, was

rendered necessary by the inhospitable perseverance of the publicans and

inn-holders, who conceived themselves not obliged by law to receive or

give quarters in their houses to any foreign troops, and accordingly

refused admittance to the Hessian auxiliaries, who began to be

dreadfully incommoded by the severity of the weather. This objection

implying an attack upon the prerogative, the government did not think

fit, at this juncture, to dispute any other way, than by procuring a

new law in favour of those foreigners. It was intituled, “A bill to

make provision for quartering the foreign troops now in this kingdom,”

prepared by lord Barrington, the chancellor of the exchequer, and the

solicitor-general, and immediately passed without opposition. This step

being taken, another bill was brought in, for the regulation of the

marine forces while on shore. This was almost a transcript of the mutiny

act, with this material difference: it empowered the admiralty to grant

commissions for holding general courts-martial, and to do every thing,

and in the same manner, as his majesty is empowered to do by the usual

mutiny bill; consequently every clause was adopted without question.

BILL FOR THE MORE SPEEDY RECRUITING THE LAND-FORCES AND MARINES, &c.

The same favourable reception was given to a bill for the more speedy

and effectual recruiting his majesty’s land-forces and marines; a law

which threw into the hands of many worthless magistrates an additional

power of oppressing their fellow-creatures: all justices of the peace,

commissioners of the land-tax, magistrates of corporations and

boroughs, were empowered to meet by direction of the secretary at war,

communicated in precepts issued by the high sheriffs, or their deputies,

within their respective divisions, and at their usual place of meeting,

to qualify themselves for the execution of the act: then they were

required to appoint the times and places for their succeeding meetings;

to issue precepts to the proper officers for these succeeding meetings;

and to give notice of the time and place of every meeting to such

military officer, as, by notice from the secretary at war, should be

directed to attend that service. The annual bill for preventing mutiny

and desertion met with no objections, and indeed contained nothing

essentially different from that which had passed in the last session.

The next law enacted, was, for further preventing embezzlement of goods

and apparel, by those with whom they are intrusted, and putting a stop

to the practice of gaming in public houses. By this bill a penalty was

inflicted on pawnbrokers, in a summary way, for receiving goods, knowing

them not to be the property of the pledger, and pawned without the

authority of the owner. [395] _[See note 3 F, at the end of this Vol.]_

With respect to gaming, the act ordained that all publicans suffering

journeymen, labourers, servants, or apprentices, to game with cards,

dice, shuffleboards, mississippi, or billiard tables, skittles,

nine-pins, &c. should forfeit forty shillings for the first offence, and

for every subsequent offence, ten pounds shall be levied by distress.

Divers inconveniences having resulted from the interposition of

justices, who, in pursuance of an act of parliament passed in the

present reign, assumed the right of establishing rates for the payment

of wages to weavers, several petitions wore offered to the house of

commons, representing the evil consequences of such an establishment;

and although these arguments were answered and opposed in

counter-petitions, the commons, actuated by a laudable concern for the

interest of the woolen manufacture, after due deliberation, removed

the grievance by a new bill, repealing so much of the former act as

empowered justices of peace to make rates for the payment of wages.

[396]_ [See note 3 G, at the end of this Vol.]_ The commons were not

more forward to provide supplies for prosecuting the war with vigour,

than ready to adopt new regulations for the advantage of trade and

manufactures. The society of the free British fishery presented a

petition, alleging, that they had employed the sum of one hundred and

thirty thousand three hundred and five pounds, eight shillings and

sixpence, together with the entire produce of their fish, and all the

monies arising from the several branches allowed on the tonnage of their

shipping, and on the exportation of their fish, in carrying on the

said fishery; and that, from their being obliged, in the infancy of

the undertaking, to incur a much larger expense than was at that time

foreseen, they now found themselves so far reduced in their capital, as

to be utterly incapable of further prosecuting the fisheries with

any hope of success, unless indulged with the further assistance of

parliament. They prayed, therefore, that, towards enabling them to carry

on the said fisheries, they might have liberty to make use of such

nets as they should find best adapted to the said fisheries; each buss,

nevertheless, carrying to sea the same quantity and depth of netting,

which, by the fishery acts, they were then bound to carry: that the

bounty of thirty shillings per ton, allowed by the said acts on the

vessels employed in the fishery, might be increased; and forasmuch as

many of the stock proprietors were unable to advance any further sum for

prosecuting this branch of commerce; and others unwilling in the present

situation, and under the present restraints, to risk any further sum in

the undertaking; that the stock of the society, by the said acts made

unalienable, except in case of death or bankruptcy, for a term of years,

might forthwith be made transferable; and that the petitioners might be

at liberty, between the intervals of the fishing seasons, to employ the

busses in such a manner as they should find for the advantage of

the society. While the committee was employed in deliberating on the

particulars of this remonstrance, another was delivered from the free

British fishery chamber of Whitehaven in Cumberland, representing, that

as the law then stood, they went to Shetland, and returned at a great

expense and loss of time; and while the war continued, durst not stay

there to fish, besides being obliged to run the most imminent risks, by

going and returning without convoy: that, ever since the institution of

the present fishery, experience had fully shown the fishery of Shetland

not worth following, as thereby the petitioners had lost two months of

a much better fishery in St. George’s channel, within one day’s sail of

Whitehaven: they took notice, that the free British fishery society had

applied to the house for further assistance and relief; and prayed that

Campbelton, in Argyleshire, might be appointed the place of rendezvous

for the busses belonging to Whitehaven, for the summer as well as

the winter fishery, that they might be enabled to fish with greater

advantage. The committee having considered the matter of both petitions,

were of opinion that the petitioners should be at liberty to use such

nets as they should find best adapted to the white herring fishery: that

the bounty of thirty shillings per ton should be augmented to fifty:

that the petitioners should be allowed, during the intervals of the

fishing seasons, to employ their vessels in any other lawful business,

provided they should have been employed in the herring fishery during

the proper seasons: that they might use such barrels for packing the

fish as they then used, or might hereafter find best adapted for that

purpose: that they should have liberty to make use of any waste or

uncultivated land, one hundred yards at the least above high water mark,

for the purpose of drying their nets; and that Campbelton would be

the most proper and convenient place for the rendezvous of the busses

belonging to Whitehaven. This last resolution, however, was not inserted

in the bill which contained the other five, and in a little time

received the royal assent.

ACT FOR IMPORTING AMERICAN IRON DUTY FREE.

Such are the connexions, dependencies, and relations subsisting between

the mechanical arts, agriculture, and manufactures of Great Britain,

that it requires study, deliberation, and inquiry in the legislature

to discern and distinguish the whole scope and consequences of many

projects offered for the benefit of the commonwealth. The society of

merchant adventurers in the city of Bristol, alleged, in a petition to

the house of commons, that great quantities of bar-iron were imported

into Great Britain from Sweden, Russia, and other parts, chiefly

purchased with ready money, some of which iron was exported again to

Africa and other places: and the rest wrought up by the manufacturers.

They affirmed that bar-iron, imported from North America, would answer

the same purposes; and the importation of it tend not only to the great

advantage of the kingdom, by increasing its shipping and navigation, but

also to the benefit of the British colonies: that by an act passed in

the twenty-third year of his present majesty’s reign, the importation of

bar-iron from America into the port of London, duty free, was permitted;

but being carried coastwise, or farther by land than ten miles, had been

prohibited; so that several very considerable manufacturing towns were

deprived of the use of American iron, and the out-ports prevented from

employing it in their export commerce: they requested, therefore, that

bar-iron might be imported from North America into Great Britain, duty

free, by all his majesty’s subjects. This request being reinforced by

many other petitions from different parts of the kingdom, other classes

of men, who thought their several interests would be affected by such

a measure, took the alarm; and, in divers counter-petitions, specified

many ill consequences which they alleged would arise from its being

enacted into a law. Pamphlets were published on both sides of the

question, and violent disputes were kindled upon this subject, which was

justly deemed a matter of national importance. The opposers of the bill

observed, that large quantities of iron were yearly produced at home,

and employed multitudes of poor people, there being no less than one

hundred and nine forges in England and Wales, besides those erected in

Scotland, the whole producing eighteen thousand tons of iron: that as

the mines in Great Britain are inexhaustible, the produce would of late

years have been considerably increased, had not the people been kept

under continual apprehension of seeing American iron admitted duty

free: a supposition which had prevented the traders from extending their

works, and discouraged many from engaging in this branch of traffic;

they alleged that the iron works, already carried on in England,

occasioned a consumption of one hundred and ninety-eight thousand cords

of wood, produced in coppices that grow upon barren lands, which could

not otherwise be turned to any good account: that as the coppices

afford shade, and preserve a moisture in the ground, the pasture is more

valuable with the wood, than it would be if the coppices were grubbed

up; consequently all the estates, where these now grow, would sink in

their yearly value; that these coppices, now cultivated and preserved

for the use of the iron works, are likewise absolutely necessary for the

manufacture of leather, as they furnish bark for the tanners, and that,

according to the management of these coppices, they produced a great

number of timber trees, so necessary for the purposes of building. They

asserted, that neither the American iron, nor any that had yet been

found in Great Britain, was so proper for converting into steel as that

which conies from Sweden, particularly that sort called ore ground; but

as there are mines in the northern parts of Britain, nearly in the same

latitude with those of Sweden, furnished with sufficient quantities of

wood, and rivers for mills and engines, it was hardly to be doubted but

that people would find metal of the same quality, and, in a few years,

be able to prevent the necessity of importing iron either from Sweden or

Russia. They inferred that American iron could never interfere with that

which Great Britain imported from Sweden, because it was not fit for

edged-tools, anchors, chain plates, and other particulars necessary in

ship building; nor diminish the importation of Russian iron, which

was not only harder than the American and British, but also could be

afforded cheaper than that brought from our own plantations, even though

the duty of this last should be removed. The importation of American

iron, therefore, duty free, could interfere with no other sort but that

produced in Britain, with which, by means of this advantage, it would

clash so much, as to put a stop in a little time to all the iron works

now carried on in the kingdom, and reduce to beggary a great number of

families whom they support. To these objections the favourers of the

bill solicited replied, that when a manufacture is much more valuable

than the rough materials, and these cannot be produced at home in

sufficient quantities, and at such a price as is consistent with the

preservation of the manufacture, it is the interest of the legislature,

to admit a free importation of these materials, even from foreign

countries, although it should put an end to the production of that

material in this island: that as the neighbours of Great Britain are now

more attentive than ever to their commercial interests, and endeavouring

to manufacture their rough materials at home, this nation must take

every method for lowering the price of materials, otherwise in a few

years it will lose the manufacture; and, instead of supplying other

countries, be furnished by them with all the fine toys and utensils

made of steel and iron; that being in danger of losing not only the

manufacture but the produce of iron, unless it can be procured at a

cheaper rate than that for which it is sold at present, the only way

of attaining this end is by diminishing the duty payable upon the

importation of foreign iron, or by rendering it necessary for the

undertakers of the iron mines in Great Britain to sell their produce

cheaper than it has been for some years afforded; that the most

effectual method for this purpose is to raise up a rival, by permitting

a free importation of all sorts of iron from the American plantations;

that American iron can never be sold so cheap as that of Britain can be

afforded; for, in the colonies, labour of all kinds is much dearer

than in England: if a man employs his own slaves, he must reckon in

his charge a great deal more than the common interest of their purchase

money, because, when one of them dies, or escapes from his master, he

losses both interest and principal; that the common interest of money in

the plantations is considerably higher than in England, consequently

no man in that country will employ his money in any branch of trade by

which he cannot gain considerably more per cent, than is expected

in Great Britain, where the interest is low, and profit moderate; a

circumstance which will always give a great advantage to the British

miner, who likewise enjoys an exemption from freight and insurance,

which lie heavy upon the American adventurer, especially in time of war.

With respect to the apprehension of the leather tanners, they observed,

that as the coppices generally grew on barren lands, not fit for

tillage, and improved the pasturage, no proprietor would be at the

expense of grubbing up the wood to spoil the pasture, as he could make

no other use of the land on which it was produced. This wood must be

always worth something, especially in counties where there is not plenty

of coal, and the timber trees would produce considerable advantage;

therefore, if there was not one iron mine in Great Britain, no coppice

would be grubbed up, unless it grew on a rich soil, which would produce

corn instead of cord-wood; consequently, the tanners have nothing to

fear, especially as planting hath become a prevailing taste among the

landholders of the island. The committee appointed to prepare the bill,

seriously weighed and canvassed these arguments, examined disputed

facts, and inspected papers and accounts relating to the produce,

importation, and manufactory of iron. At length Mr. John Pitt reported

to the house their opinion, implying that the liberty granted by an act

passed in the twenty-third year of his majesty’s reign, of importing

bar-iron from the British colonies in America into the port of London,

should be extended to all the other ports of Great Britain; and that so

much of that act as related to this clause should be repealed. The

house having agreed to these resolutions, and the bill being-brought

in accordingly, another petition was presented by several noblemen,

gentlemen, freeholders, and other proprietors, owners, and possessors of

coppices and woodlands, in the West Biding of Yorkshire, alleging, that

a permission to import American bar-iron, duty-free, would be attended

with numberless ill consequences both of a public and private nature;

specifying certain hardships to which they in particular would be

exposed; and praying, that, if the bill should pass, they might be

relieved from the pressure of an act passed in the reign of Henry VIII.

obliging the owners of coppice woods to preserve them, under severe

penalties; and be permitted to fell and grub up their coppice woods, in

order to a more proper cultivation of the soil, without being restrained

by the fear of malicious and interested prosecutions. In consequence of

this remonstrance, a clause was added to the bill, repealing so much

of the act of Henry VIII. as prohibited the conversion of coppice or

under-woods into pasture or tillage; then it passed through both houses,

and received the royal sanction. As there was not time, after this

affair came upon the carpet, to obtain any new accounts from America,

and as it was thought necessary to know the quantities of iron made in

that country, the house presented an address to his majesty, desiring

he would be pleased to give directions that there should be laid before

them, in the next session of parliament, an account of the quantity

of iron made in the American colonies, from Christmas, in the year one

thousand seven hundred and forty-nine, to the fifth day of January,

in the year one thousand seven hundred and fifty-six, each year being

distinguished.

REGULATIONS WITH RESPECT TO THE IMPORTATION OF SILK.

From this important object, the parliament converted its attention to a

regulation of a much more private nature. In consequence of a petition

by the lord-mayor, aldermen, and commons of the city of London, a bill

was brought in, and passed into a law without opposition, for the more

effectual preservation and improvement of the fry and spawn of fish in

the river Thames, and waters of Medway, and for the better regulating

the fishery in those rivers. The two next measures taken for the benefit

of the public were, first, a bill to render more effectual the several

laws then in being, for the amendment and preservation of the highways

and turnpike-roads of the kingdom; the other for the more effectually

preventing the spreading of the contagious distemper which, at that

time, raged among the horned cattle. A third arose from the distress of

poor silk manufacturers, who were destitute of employment, and deprived

of all means of subsisting, through the interruption of the Levant

trade; occasioned by the war, and the delay of the merchant ships from

Italy. In order to remedy this inconvenience, a bill was prepared,

enacting, that any person might import from any place, in any ship or

vessel whatsoever, till the first day of December, one thousand

seven hundred and fifty-seven, organzine thrown silk of the growth

or production of Italy, to be brought to the custom-house of London,

wheresoever landed; but that no Italian thrown silk, coarser than

Bologna, nor any tram of the growth of Italy, nor any other thrown silk

of the growth or production of Turkey, Persia, East Indies, or China,

should be imported by this act, under the penalty of the forfeiture

thereof. Notwithstanding several petitions, presented by the merchants,

owners, and commanders of ships, and others trading to Leghorn, and

other ports of Italy, as well as by the importers and manufacturers of

raw silks, representing the evil consequences that would probably attend

the passing of such a bill, the parliament agreed to this temporary

deviation from the famous act of navigation, for a present supply to the

poor manufacturers.

The next civil regulation established in this session of parliament was

in itself judicious, and, had it been more earnestly suggested, might

have been more beneficial to the public. In order to discourage the

practice of smuggling, and prevent the desperadoes concerned therein

from enlisting in the service of the enemy, a law was passed, enacting,

that every person who had been, before the first of May in the present

year, guilty of illegally running, concealing, receiving, or carrying

any wool, or prohibited goods, or any foreign commodities liable to

duties, the same not having been paid or secured; or of aiding therein,

or had been found with fire-arms or weapons, in order to be aiding

to such offenders; or had been guilty of receiving such goods after

seizure; or of any act whatsoever, whereby persons might be deemed

runners of foreign goods; or of hindering, wounding, or beating any

officer in the execution of his duty, or assisting therein,--should be

indemnified from all such offences, concerning which no suit should then

have been commenced, or composition made, on condition that he should,

before being apprehended or prosecuted, and before the first day of

December, enter himself with some commissioned officer of his majesty’s

fleet, to serve as a common sailor; and should, for three years from

such entry, unless sooner duly discharged, actually serve and do duty in

that station, and register his name, &c, with the clerk of the peace of

the county where he resided, as the act prescribes. An attempt was

made in favour of the seamen employed in the navy, who had been very

irregularly paid, and subject to grievous hardships in consequence of

this irregularity. Mr. Grenville, brother to earl Temple, moved for

leave to bring in a bill for the encouragement of seamen employed in his

majesty’s navy, and for establishing a regular method for the punctual,

speedy, and certain payment of their wages, as well as for rescuing them

from the arts and frauds of imposition. The proposal was corroborated

by divers petitions: the bill was prepared, read, printed, and, after it

had undergone some amendment, passed into the house of lords, where it

was encountered with several objections, and dropped for this session of

parliament.

INQUIRY INTO THE SCARCITY OF CORN.

The house of commons being desirous of preventing, for the future, such

distresses as the poor had lately undergone, appointed a committee to

consider of proper provisions to restrain the price of corn and bread

within due bounds for the future. For this purpose they were empowered

to send for persons, papers, and records; and it was resolved, that all

who attended the committee should have voices. Having inquired into the

causes of the late scarcity, they agreed to several resolutions, and

a bill was brought in to explain and amend the laws against regraters,

forestalled, and engrossers of corn. The committee also received

instructions to inquire into the abuses of millers, mealmen, and bakers,

with regard to bread, and to consider of proper methods to prevent

them in the sequel; but no further progress was made in this important

affair, which was the more interesting, as the lives of individuals, in

a great measure, depended upon a speedy reformation; for the millers and

bakers were said to have adulterated their flour with common whiting,

lime, bone ashes, alum, and other ingredients pernicious to the human

constitution; a consummation of villany for which no adequate punishment

could be inflicted. Among the measures proposed in parliament which did

not succeed, one of the most remarkable was a bill prepared by Mr. Rose

Fuller, Mr. Charles Townshend, and Mr. Banks, to explain, amend, and

render more effectual a law passed in the reign of king William the

Third, intituled,

“An act to punish governors of plantations, in this kingdom, for

crimes committed by them in the plantation.” This bill was proposed in

consequence of some complaints, specifying acts of cruelty, folly,

and oppression, by which some British governors had been lately

distinguished; but, before the bill could be brought in, the parliament

was prorogued.

INVESTIGATION OF THE LOSS OF MINORCA.

But no step taken by the house of commons, in the course of this

session, was more interesting to the body of the people than the inquiry

into the loss of Minorca, which had excited such loud and universal

clamour. By addresses to the king, unanimously voted, the commons

requested that his majesty would give directions for laying before

them copies of all the letters and papers containing any intelligence

received by the secretaries of state, the commissioners of the

admiralty, or any others of his majesty’s ministers, in relation to the

equipment of the French fleet at Toulon, or the designs of the French on

Minorca, or any other of his majesty’s possessions in Europe, since

the first day of January, in the year one thousand seven hundred and

fifty-five, to the first day of August, one thousand seven hundred and

fifty-six. They likewise desired to peruse a list of the ships of war

that were equipped and made ready for sea, from the first of August, in

the year one thousand seven hundred and fifty-five, to the thirtieth day

of April in the following year; with the copies of all sailing orders

sent to the commanders during that period; as also the state and

condition of his majesty’s ships in the several ports of Great Britain

at the time of admiral Byng’s departure, with the squadron under his

command, for the relief of fort St. Philip, during the period of time

above-mentioned, according to the monthly returns made by the admiralty,

with the number of seamen mustered and borne aboard the respective

ships. They demanded copies of all orders and instructions given to that

admiral, and of letters written to and received from him, during his

continuance in that command, either by the secretaries of state, or

lords of the admiralty, relating to the condition of his squadron, and

to the execution of his orders. In a word, they required the inspection

of all papers which could, in any manner, tend to explain the loss

of Minorca, and the miscarriage of Mr. Byng’s squadron. His majesty

complied with every article of their request: the papers were presented

to the house, ordered to lie upon the table for the perusal of the

members, and finally referred to the consideration of a committee of

the whole house. In the course of their deliberations they addressed

his majesty for more information, till at length the truth seemed to be

smothered under such an enormous burden of papers, as the efforts of a

whole session could not have properly removed. Indeed, many discerning

persons without doors began to despair of seeing the mystery unfolded,

as soon as the inquiry was undertaken by a committee of the whole house.

They observed, that an affair of such a dark, intricate, and suspicious

nature, ought to have been referred to a select and secret committee,

chosen by ballot, empowered to send for persons, papers, and records,

and to examine witnesses in the most solemn and deliberate manner;

that the names of the committee ought to have been published for the

satisfaction of the people, who could have judged, with some certainty,

whether the inquiry would be carried on with such impartiality as the

national misfortune required. They suspected that this reference to a

committee of the whole house was a mal-contrivance, to prevent a regular

and minute investigation, to introduce confusion and contest, to puzzle,

perplex, and obumbrate; to teaze, fatigue, and disgust the inquirers,

that the examination might be hurried over in a superficial and

perfunctory manner; and the ministry, from this anarchy and confusion of

materials, half explored and undigested, derive a general parliamentary

approbation, to which they might appeal from the accusations of the

people. A select committee would have probably examined some of the

clerks of the respective offices, that they might certainly know whether

any letters or papers had been suppressed, whether the extracts had been

faithfully made, and whether there might not be papers of intelligence,

which, though proper to be submitted to a select and secret committee,

could not, consistently with the honour of the nation, be communicated

to a committee of the whole house. Indeed, it does not appear that the

ministers had any foreign intelligence or correspondence that could be

much depended upon in any matter of national importance, and no evidence

was examined on the occasion; a circumstance the less to be regretted,

as, in times past, evil ministers have generally found means to render

such inquiries ineffectual; and the same arts would, at any rate, have

operated with the same efficacy, had a secret committee been employed at

this juncture. Be that as it may, several resolutions were reported

from the committee, though some of them were not carried by the majority

without violent dispute and severe altercation. The first and last of

their resolutions require particular notice. By the former, it appeared

to the committee, that his majesty, from the twenty-seventh day of

August, in the year one thousand seven hundred and fifty-five, to the

twentieth day of April in the succeeding year, received such repeated

and concurrent intelligence, as gave just reason to believe that

the French king intended to invade his dominions of Great Britain or

Ireland. In the latter they declared their opinion, that no greater

number of ships of war could be sent into the Mediterranean, than were

actually sent thither under the command of admiral Byng; nor any greater

reinforcement than the regiment which was sent, and the detachment,

equal to a battalion, which was ordered to the relief of fort St.

Philip, consistently with the state of the navy, and the various

services essential to the safety of his majesty’s dominions, and the

interest of his subjects. It must have been something more powerful

than ordinary conviction that suggested these opinions. Whatever reports

might have been circulated by the French ministry, in order to amuse,

intimidate, and detach the attention of the English government from

America and the Mediterranean, where they really intended to exert

themselves, yet, the circumstances of the two nations being considered,

one would think there could have been no just grounds to fear an

invasion of Great Britain or Ireland, especially when other intelligence

seemed to point out much more probable scenes of action. But the last

resolution is still more incomprehensible to those who know not exactly

the basis on which it was raised. The number of ships of war in actual

commission amounted to two hundred and fifty, having on board fifty

thousand seamen and marines. Intelligence and repeated information of

the French design upon Minorca had been conveyed to the ministry

of England, about six months before it was put in execution. Is it

credible, that in all this time the nation could not equip or spare

above eleven ships of the line and six frigates, to save the important

island of Minorca? Is it easy to conceive, that from a standing army of

fifty thousand men, one regiment of troops could not have been detached

to reinforce a garrison, well known to be insufficient for the works

it was destined to defend? To persons of common intellects it appeared,

that intelligence of the armament at Toulon was conveyed to the

admiralty as early as the month of September, in the year one thousand

seven hundred and fifty-five, with express notice that it would consist

of twelve ships of the line: that the design against Minorca was

communicated as early as the twenty-seventh day of August, by consul

Banks, of Carthagena; confirmed by letters from consul Bertes, at Genoa,

dated on the seventeenth and twenty-sixth of January, and received by

Mr. Fox, secretary of state, on the fourth and eleventh of February,

as well as by many subsequent intimations; that, notwithstanding these

repeated advices, even after hostilities had commenced in Europe,

when the garrison of Minorca amounted to no more than four incomplete

regiments, and one company of artillery, forty-two officers being

absent, and the place otherwise unprovided for a siege, when the

Mediterranean squadron, commanded by Mr. Edgecumbe, consisted of two

ships of the line, and five frigates; neither stores, ammunition, or

provisions, the absent officers belonging to the garrison, recruits for

the regiments, though ready raised, miners, nor any additional troops,

were sent to the island, nor the squadron augmented, till admiral Byng

sailed from Spithead on the sixth day of April, with no more ships

of the line than, by the most early and authentic intelligence, the

government were informed would sail from Toulon, even when Mr. Byng

should have been joined by commodore Edgecumbe; a junction upon which

no dependence ought to have been laid; that this squadron contained no

troops but such as belonged to the four regiments in garrison, except

one battalion to serve in the fleet as marines, unless we include the

order for another to be embarked at Gibraltar; which order was neither

obeyed nor understood: that, considering the danger to which Minorca

was exposed, and the forwardness of the enemy’s preparations at Toulon,

admiral Osborne, with thirteen ships of the line and one frigate, who

returned on the sixteenth of February, after having convoyed a fleet of

merchant ships, might have been detached to Minorca, without hazarding

the coast of Great Britain; for at that time, exclusive of this

squadron, there were eight ships of the line and thirty-two frigates

ready manned, and thirty-two ships of the line and five frigates almost

equipped; that admiral Hawke was sent with fourteen ships of the

line and one frigate to cruise in the bay of Biscay, after repeated

intelligence had been received that the French fleet had sailed for the

West Indies, and the eleven ships remaining at Brest and Rochefort were

in want of hands and cannon, so that they could never serve to cover

any embarkation or descent, consequently Mr. Hawke’s squadron might have

been spared for the relief of Minorca; that, instead of attending to

this important object, the admiralty, on the eighth day of March, sent

two ships of the line and three frigates to intercept a coasting convoy

off Cape Barfleur: on the eleventh of the same month they detached two

ships of the line to the West Indies, and on the nineteenth two more to

North America, where they could be of little immediate service; on the

twenty-third, two of the line and three frigates a convoy-hunting off

Cherbourg; and on the first of April five ships of the line, including

three returned from this last service, to reinforce sir Edward Hawke,

already too strong for the French fleet bound to Canada; that all these

ships might have been added to Mr. Byng’s squadron, without exposing

Great Britain or Ireland to any hazard of invasion: that at length Mr.

Byng was detached with ten great ships only, and even denied a frigate

to repeat signals, for which he petitioned; although at that very time

there were in port, exclusive of his squadron, seventeen ships of the

line and thirteen frigates ready for sea, besides eleven of the line and

nineteen frigates almost equipped. From these and other circumstances,

particularized and urged with great vivacity, many individuals

inferred, that a greater number of ships might have been detached to the

Mediterranean than were actually sent with admiral Byng; that the not

sending an earlier and stronger force was one great cause of Minorca’s

being lost, and co-operated with the delay of the ministry in sending

thither reinforcements of troops, their neglect in suffering the

officers of the garrison to continue absent from their duty, and their

omitting to give orders for raising miners to serve in the fortress of

Mahon.

{GEORGE II. 1727-1760}

EXAMINATION of the AMERICAN CONTRACT.

The next inquiry in which the house of commons engaged, related to the

contracts for victualling the forces in America, which were supposed by

some patriots to be fraudulent and unconscionable. This suspicion arose

from an ambiguous expression, on which the contractor being interrogated

by the committee appointed to examine the particulars, he prudently

interpreted it in such a manner, as to screen himself from the

resentment of the legislature. The house, therefore, resolved that the

contract entered into on the twenty-sixth day of March, in the year one

thousand seven hundred and fifty-six, by the commissioners of the

treasury, with William Baker, Christopher Kilby, and Richard Baker, of

London, merchants, for furnishing provisions to the forces under the

command of the earl of Loudon, was prudent and necessary, and properly

adapted to the securing a constant and effectual supply for those forces

in America.

INQUIRY INTO THE CONDUCT OF ADMIRAL KNOWLES, &c.

The preceding session an address had been presented to the king by the

house of commons, desiring his majesty would give orders for laying

before them several papers relating to disputes which had lately

happened between his excellency Charles Knowles, esq., and some of

the principal inhabitants of the island of Jamaica. This governor was

accused of many illegal, cruel, and arbitrary acts, during the course of

his administration; but these imputations he incurred by an exertion

of power, which was in itself laudable, and well intended for the

commercial interest of the island. This was his changing the seat of

government, and procuring an act of assembly for removing the several

laws, records, books, papers, and writings belonging to several offices

in that island, from Spanish Town to Kingston; and for obliging the

several officers to keep their offices, and hold a supreme court of

judicature, at this last place, to which he had moved the seat of

government. Spanish Town, otherwise called St. Jago de la Vega, the old

capital, was an inconsiderable inland place, of no security, trade, or

importance; whereas Kingston was the centre of commerce, situated on the

side of a fine harbour filled with ships, well secured from the insults

of an enemy, large, wealthy, and flourishing. Here the merchants dwell,

and ship the greatest part of the sugars that grow upon the island.

They found it extremely inconvenient and expensive to take out their

clearances at Spanish Town, which stands at a considerable distance;

and the same inconvenience and expense being felt by the rest of the

inhabitants, who had occasion to prosecute suits at law, or attend the

assembly of the island, they joined in representations to the governor,

requesting, that, in consideration of these inconveniences, added to

that of the weakness of Spanish Town and the importance of Kingston, the

seat of government might be removed. He complied with their request, and

in so doing entailed upon himself the hatred and resentment of certain

powerful planters, who possessed estates in and about the old town of

St. Jago de la Vega, thus deserted. This seems to have been the real

source of the animosity and clamour incurred by Mr. Knowles, against

whom a petition, signed by nineteen members of the assembly, had been

sent to England, and presented to his majesty.--In the two sessions

preceding this year, the affair had been brought into the house of

commons, where this governor’s character was painted in frightful

colours, and divers papers relating to the dispute were examined. Mr.

Knowles having by this time returned to England, the subject of his

administration was revived, and referred to a committee of the whole

house. In the meantime, petitions were presented by several merchants of

London and Liverpool, concerned in the trade to Jamaica, alleging, that

the removal of the public courts, offices, and records of the island of

Jamaica to Kingston, and fixing the seat of government there, had been

productive of many important advantages, by rendering the strength of

the island more formidable, the property of the traders and inhabitants

more secure, and the prosecution of all commercial business more

expeditious and less expensive than formerly; therefore, praying that

the purposes of the act passed in Jamaica for that end might be carried

into effectual execution, in such manner as the house should think

proper. The committee, having examined a great number of papers,

agreed to some resolutions, importing, that a certain resolution of the

assembly of Jamaica, dated on the twenty-ninth day of October, in the

year one thousand seven hundred and fifty-three, implying a claim of

right in that assembly to raise and apply public money without the

consent of the governor and council, was illegal, repugnant to the terms

of his majesty’s commission to his governor of the said island, and

derogatory of the rights of the crown and people of Great Britain;

that the six last resolutions taken in the assembly of Jamaica, on the

twenty-ninth day of October, in the year one thousand seven hundred

and fifty-three, proceeded on a manifest misapprehension of the king’s

instruction to his governor, requiring him not to give his assent to any

bill of an unusual or extraordinary nature and importance, wherein

his majesty’s prerogative, or the property of his subjects, might be

prejudiced, or the trade or shipping of the kingdom any-ways affected,

unless there should be a clause inserted, suspending the execution

of such bill until his majesty’s pleasure should be known; that

such instruction was just and necessary, and no alteration of the

constitution of the island, nor any way derogatory to the rights of the

subjects in Jamaica. From these resolutions the reader may perceive the

nature of the dispute which had arisen between the people of Jamaica

and their governor, vice-admiral Knowles, whose conduct on this occasion

seems to have been justified by the legislature. The parliament,

however, forebore to determine the question, whether the removal of

the courts of judicature from Spanish Town to Kingston was a measure

calculated for the interest of the island in general.

RESOLUTIONS concerning MILFORD-HAVEN.

The last object which we shall mention, as having fallen under the

cognizance of the commons during this session of parliament, was the

state of Milford-haven on the coast of Wales, one of the most capacious,

safe, and commodious harbours in Great Britain. Here the country affords

many conveniences for building ships of war, and erecting forts, docks,

quays, and magazines. It might be fortified at a very small expense, so

as to be quite secure from any attempts of the enemy, and rendered by

far the most useful harbour in the kingdom for fleets, cruisers, trading

ships, and packet boats, bound to and from the westward; for from hence

they may put sea almost with any wind, and even at low water; they may

weather Scilly and Cape Clear when no vessel can stir from the British

channel, or out of the French ports of Brest and Rochefort, and as a

post can travel from hence in three days to London, it might become

the centre of very useful sea intelligence. A petition from several

merchants in London was presented, and recommended to the house in a

message from the king, specifying the advantages of this harbour, and

the small expense at which it might be fortified, and praying that the

house would take this important subject into consideration. Accordingly,

a committee was appointed for this purpose, with power to send for

persons, papers, and records and every circumstance relating to it was

examined with accuracy and deliberation. At length the report being made

to the house by Mr. Charles Townshend, they unanimously agreed to an

address, representing to his majesty, that many great losses had been

sustained by the trade of the kingdom, in time of war, from the want of

a safe harbour on the western coast of the island, for the reception

and protection of merchants’ ships, and sending out cruisers; that

the harbour of Milford-haven, in the county of Pembroke, is most

advantageously situated, and if properly defended and secured, in

every respect adapted to the answering those important purposes; they,

therefore, humbly besought his majesty, that he would give immediate

directions for erecting batteries, with proper cover, on the sides

of the said harbour, in the most convenient places for guarding the

entrance called Hubber-stone-road, and also such other fortifications

as might be necessary to secure the interior parts of the harbour, and

that, until such batteries and fortifications could be completed, some

temporary defence might be provided for the immediate protection of the

ships and vessels lying in the said harbour; finally, they assured him

the house would make good to his majesty all such expenses as should be

incurred for these purposes. The address met with a gracious reception,

and a promise that such directions should be given. The harbour was

actually surveyed, the places were pitched upon for batteries, and the

estimates prepared, but no further progress hath since been made.

SESSION CLOSED.

We have now finished the detail of all the material transactions of

this session, except what relates to the fate of admiral Byng, which

now claims our attention. In the meantime, we may observe, that on the

fourth day of July the session was closed with his majesty’s harangue,

the most remarkable and pleasing paragraph of which turned upon his

royal assurance, that the succour and preservation of his dominions in

America had been his constant care, and, next to the security of his

kingdoms, should continue to be his great and principal object. He told

them he had taken such measures as, he trusted, by the blessing of God,

might effectually disappoint the designs of the enemy in those parts;

that he had no further view but to vindicate the just rights of his

crown and subjects from the most injurious encroachments; to preserve

tranquillity, as far as the circumstances of things might admit; to

prevent the true friends of Britain, and the liberties of Europe,

from being oppressed and endangered by any unprovoked and unnatural

conjunction.

[Illustration: 400.jpg PORTSMOUTH HARBOUR]

TRIAL OF ADMIRAL BYNG.

Of all the transactions that distinguished this year, the most

extraordinary was the sentence executed on admiral Byng, the son of that

great officer who had acquired such honour by his naval exploits in the

preceding reign, and was ennobled for his services by the title of lord

viscount Torrington. His second son, John Byng, had from his earliest

youth been trained to his father’s profession; and was generally

esteemed one of the best officers in the navy, when he embarked in that

expedition to Minorca, which covered his character with disgrace, and

even exposed him to all the horrors of an ignominious death. On the

twenty-eighth day of December his trial began before a court-martial,

held on board the ship St. George, in the harbour of Portsmouth, to

which place Mr. Byng had been conveyed from Greenwich by a party of

horse-guards, and insulted by the populace in every town and village

through which he passed. The court having proceeded to examine the

evidences for the crown and the prisoner, from day to day, in the course

of a long sitting, agreed unanimously to thirty-seven resolutions,

implying their opinion, that admiral Byng, during the engagement between

the British and French fleets, on the twentieth day of May last, did

not do his utmost endeavour to take, seize, and destroy the ships of the

French king, which it was his duty to have engaged, and to assist such

of his majesty’s ships as were engaged, which it was his duty to have

assisted; and that he did not exert his utmost-power for the relief of

St. Philip’s castle. They, therefore, unanimously agreed that he fell

under part of the twelfth article of an act of parliament passed in the

twenty-second year of the present reign, for amending, explaining, and

reducing into one act of parliament, the laws relating to the government

of his majesty’s ships, vessels, and forces by sea; and as that article

positively prescribed death, without any alternative left to the

discretion of the court under any variation of circumstances, they

unanimously adjudged the said admiral John Byng to be shot to death, at

such time, and on board of such ship, as the lords commissioners of the

admiralty should please to direct. But as it appeared, by the evidence

of the officers who were near the admiral’s person, that no backwardness

was perceivable in him during the action, nor any mark of fear or

confusion either in his countenance or behaviour; but that he delivered

his orders coolly and distinctly, without seeming deficient in personal

courage; and, from other circumstances, they believed his misconduct did

not arise either from cowardice or disaffection, they unanimously and

earnestly recommended him as a proper object of mercy. The admiral

himself behaved through the whole trial with the most cheerful

composure, seemingly the effect of conscious innocence, upon which,

perhaps, he too much relied. Even after he heard the evidence examined

against him, and finished his own defence, he laid his account in being

honourably acquitted; and ordered his coach to be ready for conveying

him directly from the tribunal to London. A gentleman, his friend, by

whom he was attended, having received intimation of the sentence to be

pronounced, thought it his duty to prepare him for the occasion, that he

might summon all his fortitude to his assistance, and accordingly made

him acquainted with the information he had received. The admiral gave

tokens of surprise and resentment, but betrayed no marks of fear or

disorder, either then or in the court when the sentence was pronounced.

On the contrary, while divers members of the court-martial manifested

grief, anxiety, and trepidation, shedding tears, and sighing with

extraordinary emotion, he heard his doom denounced without undergoing

the least alteration of feature, and made a low obeisance to the

president and the other members of the court, as he retired.

The officers who composed this tribunal were so sensible of the law’s

severity, that they unanimously subscribed a letter to the board of

admiralty containing this remarkable paragraph:--“We cannot help laying

the distresses of our minds before your lordships on this occasion, in

finding ourselves under necessity of condemning a man to death, from

the great severity of the twelfth article of war, part of which he falls

under, which admits of no mitigation if the crime should be committed by

an error in judgment; and, therefore, for our own consciences’ sake, as

well as in justice to the prisoner, we pray your lordships, in the most

earnest manner, to recommend him to his majesty’s clemency.” The

lords of the admiralty, instead of complying with the request of the

court-martial, transmitted their letter to the king, with copies

of their proceedings, and a letter from themselves to his majesty,

specifying a doubt with regard to the legality of the sentence, as the

crime of negligence, for which the admiral had been condemned, was not

expressed in any part of the proceedings. At the same time, copies of

two petitions from George lord viscount Torrington, in behalf of his

kinsman admiral Byng, were submitted to his majesty’s royal wisdom and

determination. All the friends and relations of the unhappy convict

employed and exerted their influence and interest for his pardon;

and, as the circumstances had appeared so strong in his favour, it

was supposed that the sceptre of royal mercy would be extended for his

preservation; but infamous arts were used to whet the savage appetite

of the populace for blood. The cry of vengeance was loud throughout the

land: sullen clouds of suspicion and malevolence interposing, were said

to obstruct the genial beams of the best virtue that adorns the throne;

and the sovereign was given to understand, that the execution of admiral

Byng was a victim absolutely necessary to appease the fury of the

people. His majesty, in consequence of the representation made by the

lords of the admiralty, referred the sentence to the consideration of

the twelve judges, who were unanimously of opinion that the sentence

was legal. This report being transmitted from the privy-council to the

admiralty, their lordships issued a warrant for executing the sentence

of death on the twenty-eighth day of February. One gentleman at the

board, however, refused to subscribe the warrant, assigning for his

refusal the reasons which we have inserted by way of note, for the

satisfaction of the reader. [401] _[See note 3 H, at the end of this

Vol.]_

Though mercy was denied to the criminal, the crown seemed determined

to do nothing that should be thought inconsistent with law. A member of

parliament, who had sat upon the court-martial at Portsmouth, rose up

in his place, and made application to the house of commons in behalf of

himself and several other members of that tribunal, praying the aid

of the legislature to be released from the oath of secrecy imposed on

courts-martial, that they might disclose the grounds on which sentence

of death had passed on admiral Byng, and, perhaps, discover such

circumstances as might show the sentence to be improper. Although

this application produced no resolution in the house, the king, on

the twenty-sixth day of February, sent a message to the commons by Mr.

Secretary Pitt, importing, that, though he had determined to let the

law take its course with relation to admiral Byng, and resisted all

solicitations to the contrary, yet, as a member of the house had

expressed some scruples about the sentence, his majesty had thought fit

to respite the execution of it, that there might be an opportunity

of knowing, by the separate examination of the members of the

court-martial, upon oath, what grounds there were for such scruples, and

that his majesty was resolved still to let the sentence be carried

into execution, unless it should appear from the said examination, that

admiral Byng was unjustly condemned. The sentence might be strictly

legal, and, at the same time very severe, according to the maxim,

_summum jus, summa injuria_. In such cases, and perhaps in such cases

only, the rigour of the law ought to be softened by the lenient hand of

the royal prerogative. That this was the case of admiral Byng appears

from the warm and eager intercession of his jury, a species of

intercession which hath generally, if not always, prevailed at the foot

of the throne, when any thing favourable for the criminal had appeared

in the course of the trial. How much more then might it have been

expected to succeed, when earnestly urged as a case of conscience, in

behalf of a man whom his judges had expressly acquitted of cowardice and

treachery, the only two imputations that rendered him criminal in the

eyes of the nation! Such an interposition of the crown in parliamentary

transactions was irregular, unnecessary, and at another juncture might

have been productive of violent heats and declamation. At present,

however, it passed without censure, as the effect of inattention, rather

than a design to encroach upon the privileges of the house.

BILL TO RELEASE THE MEMBERS OF THE COURT-MARTIAL, &c

The message being communicated, a bill was immediately brought in, to

release the members of the court-martial from the obligation of secrecy,

and passed through the lower house without opposition; but in the house

of lords it appeared to be destitute of a proper foundation. They sent

a message to the commons, desiring them to give leave that such of the

members of the court-martial as were members of that house might attend

their lordships, in order to be examined on the second reading of the

bill; accordingly they, and the rest of the court-martial, attended, and

answered all questions without hesitation. As they did not insist upon

any excuse, nor produce any satisfactory reason for showing that the man

they had condemned was a proper object of mercy, their lordships were

of opinion that there was no occasion for passing any such bill, which,

therefore, they almost unanimously rejected. It is not easy to conceive

what stronger reasons could be given for proving Mr. Byng an object of

mercy, than those mentioned in the letter sent to the board of admiralty

by the members of the court-martial, who were empowered to try the

imputed offence, consequently must have been deemed well qualified to

judge of his conduct.

EXECUTION OF ADMIRAL BYNG.

The unfortunate admiral being thus abandoned to the stroke of justice,

prepared himself for death with resignation and tranquillity. He

maintained a surprising cheerfulness to the last; nor did he, from his

condemnation to his execution, exhibit the least sign of impatience

or apprehension. During that interval he had remained on board of

the Monarque, a third-rate ship of war, anchored in the harbour of

Portsmouth, under a strong guard, in custody of the marshal of the

admiralty. On the fourteenth of March, the day fixed for his execution,

the boats belonging to the squadron at Spithead being manned and armed,

containing their captains and officers, with a detachment of marines,

attended this solemnity in the harbour, which was also crowded with an

infinite number of other boats and vessels filled with spectators. About

noon, the admiral having taken leave of a clergyman, and two friends

who accompanied him, walked out of the great cabin to the quarter-deck,

where two files of marines were ready to execute the sentence.

He advanced with a firm deliberate step, a composed and resolute

countenance, and resolved to suffer with his face uncovered, until

his friends, representing that his looks would possibly intimidate the

soldiers, and prevent their taking aim properly, he submitted to their

request, threw his hat on the deck, kneeled on a cushion, tied one white

handkerchief over his eyes, and dropped the other as a signal for his

executioners, who fired a volley so decisive, that five balls passed

through his body, and he dropped down dead in an instant. The time in

which this tragedy was acted, from his walking out of the cabin to his

being deposited in the coffin, did not exceed three minutes.

Thus fell, to the astonishment of all Europe, admiral John Byng; who,

whatever his errors and indiscretions might have been, seems to have

been rashly condemned, meanly given up, and cruelly sacrificed to vile

considerations. The sentiments of his own fate he avowed on the verge

of eternity, when there was no longer any cause of dissimulation, in the

following declaration, which, immediately before his death, he delivered

to the marshal of the admiralty: “A few moments will now deliver me

from the virulent persecution, and frustrate the further malice of

my enemies: nor need I envy them a life subject to the sensations my

injuries, and the injustice done me, must create. Persuaded I am, that

justice will be done to my reputation hereafter: the manner and cause

of raising and keeping up the popular clamour and prejudice against me,

will be seen through. I shall be considered (as I now perceive myself)

a victim destined to divert the indignation and resentment of an injured

and deluded people from the proper objects. My enemies themselves must

now think me innocent. Happy for me, at this my last moment, that I

know my own innocence, and am conscious that no part of my country’s

misfortunes can be owing to me. I heartily wish the shedding my blood

may contribute to the happiness and service of my country; but cannot

resign my just claim to a faithful discharge of my duty according to

the best of my judgment, and the utmost exertion of my ability for

his majesty’s honour, and my country’s service. I am sorry that my

endeavours were not attended with more success, and that the armament

under my command proved too weak to succeed in an expedition of such

moment. Truth has prevailed over calumny and falsehood, and justice has

wiped off the ignominious stain of my supposed want of personal courage,

and the charge of disaffection. My heart acquits me of these crimes; but

who can be presumptuously sure of his own judgment? If my crime is an

error in judgment, or differing in opinion from my judges, and if yet

the error in judgment should be on their side, God forgive them, as

I do; and may the distress of their minds, and uneasiness of their

consciences, which in justice to me they have represented, be relieved,

and subside as my resentment has done. The supreme judge sees all hearts

and motives, and to him I must submit the justice of my cause.”

{GEORGE II. 1727-1760}

REMARKS ON ADMIRAL BYNG’S FATE.

Notwithstanding all that has been said in his favour, notwithstanding

the infamous arts that were practised to keep up the cry against him,

notwithstanding this solemn appeal to heaven in his last moments, and

even self-conviction of innocence, the character of admiral Byng,

in point of personal courage, will still, with many people, remain

problematical. They will still be of opinion, that if the spirit of a

British admiral had been properly exerted, the French fleet would have

been defeated, and Minorca relieved. A man’s opinion of danger varies at

different times, in consequence of an irregular tide of animal spirits,

and he is actuated by considerations which he dares not avow. After an

officer, thus influenced, has hesitated or kept aloof in the hour

of trial, the mind, eager for its own justification, assembles, with

surprising industry, every favourable circumstance of excuse, and broods

over them with parental partiality, until it becomes not only satisfied,

but even enamoured of their beauty and complexion, like a doating

mother, blind to the deformity of her own offspring. Whatever Mr. Byng’s

internal feelings might have been, whatever consequences might have

attended his behaviour on that occasion; as the tribunal before which

he was tried acquitted him expressly of cowardice and treachery, he was,

without all doubt, a proper object for royal clemency; and so impartial

posterity will judge him, after all those dishonourable motives of

faction and of fear, by which his fate was influenced, shall be lost

in oblivion, or remembered with disdain. The people of Great Britain,

naturally fierce, impatient, and clamorous, have been too much

indulged, upon every petty miscarriage, with trials, courts-martial, and

dismissions, which tend only to render their military commanders rash

and precipitate, the populace more licentious and intractable, and to

disgrace the national character in the opinion of mankind.

[Illustration: 403.jpg PORTRAIT OF WILLIAM PITT]

The History of England in Three Volumes, Vol.II. Continued from the Reign of William and Mary to the Death of George II. · 第 16 / 32 章