, because it was not neceffary. I red he would mention it to Lord we. I faw him a few days after, and lied again for a pardon, I received fame answer, that he would not give one, because it was not neceffary. QIs Mr Searle a barrister at law ? and at office was he in? A. I don't know whether he is a barthe fyftem more complete. The plan g read, and warmly feconded by feveral tlemen of the fi:ft abilities, it was referfor further confideration, by a majority The Colonies. Upon this promifing fpect things, he was led to fign the non-imation agreement, although he had uniformly fed it." See p. 51. 52. The efforts of this gentleman in Congrefs, revail on them to defert their views of pendence, being fruftrated, he returned he affembly; where he was again unanilly elected to the chair: but he refufed wishing to be on the floor to speak to fures he had refolved to propofe in that y. These were, That they would take ground of negotiation, not of arms;approve of the proceedings in Cons, and to withdraw their delegation from The first and fecond he carried on a di›n 18 to 14; and the third he lost by a te vore only, occafioned by feveral falfe feditious letters, written by the difaffecta this country, which unfortunately ard on the morning before the question Notwithstanding this conduct, the e affembly unanimously appointed him, n abfent, again to reprefent them in the : Congress On his feeing the minute, he rmed the Houfe, he would not ferve them hat capacity, and infifted they should ethe appointment; but fuch was their fidence in him, and hope that he would nge his refolution, they could not be vailed on to do it, although he declared, would be decent, and the minute was in power, he would erase it himself After he found thofe exertions to stem the ent of violence in vain, he retired to his : in Bucks, where he remained several aths, in the utnioft danger from mobs ed by Mr Adams to hang him at his own r: but these were fuppreffed by the vigice and affection of his friends in the city. oon after, the Congrefs being defirous to a him over to their measures, and hoping this danger might induce him to change conduct, Dr Franklin came up to him in ks, and earnestly folicited he would join their measures; but, unalterably fixt in duty to his fovereign, he refused, deterned to abide the confequences, however ftrous they might prove to himself and family. rifter; he was acting fecretary to the Commiffioners, and was granting pardons. Q. Did you ever apply to Lord, Sir William Howe, or Mr Strachey their fecretary, on that fubject? A. Not perfonally. I thought two applications to the acting secretary were sufficient. Q. Are you not of the profeffion of the law? A. I am. Q. Did you think that Mr Searle underftood the nature of your proceedings in Congress better than yourself? A. 1 imagine he did not; nor do I think a person being in an affembly of people (if I understand any thing of the law), which affembly does an illegal act, and that perfon does not affent, but objects to it (as all guilt muft originate in the mind), is guilty; and I believe no authorities of the law will juftify a contrary doctrine. [Some questions relating to Mr Galloway's figning the affociation, &c. we must pass o̟ver for want of room.] Q. Whether the ten refolutions come to by the Congrefs in confequence of a report from the grand committee, which they demanded as their indubitable rights and liberties [36.689.], are not entered in the journals as being paffed nemine contradicente? A. I don't recollect, at this time, how they were entered; but this I know, that many refolutions of Congress, when they were published, I found them entered unanimously, and nemine contradicente, when they were not fo as to the individual members. The votes of the Congrefs were taken by colonies; fome of the colonies were reprefented by nine members, fome by seven, some by five, and some by three; and whenever a majority of the members representing a colony was for a question, it counted one, although four out of the nine were exprefsly against the question; and when all the colonies gave a vote in this way in the affirmative or negative, it was entered unanimously, or nem. con. although in fome inftances there were one third of the members prefent against the question carried. Q. Do you recollect that these ten refolutions which were confidered by the Congress as their bill of rights, met with any confiderable oppofition? A. They did meet with a very confi.. derable derable oppofition.-The committee fat near three weeks. The gentlemen who drew with me in oppofition, perplexed the proposals made by the violent party, as we acted entirely on the defenfive; fo that they did not come to a fingle refolution for better than a fortnight, neither in ftating their rights or their grievances. And, as well as I can recollect, the grand committee did not determine on those refolutions.-To the best of my knowledge, the committee was diffolved before they were voted, and that owing to the oppofition these refolves met with. Q. Did you give any confiderable oppofition to thofe refolutions, on the report, to the whole, or to which of them? A. If I could fee the ten refolutions, I could answer,-otherwife not. [He looks over the refolutious in a printed book.] I opposed the ift and the 4th. The 2d and 3d I don't recollect. - The 5th I did not, nor the 6th. The 7th I don't recollect. The 8th I must have oppofed. -I was of a contrary opinion to the 9th, and believe I oppofed it.-As to the roth, I don't recolle&.. Q. Did not the Congrefs come to a refolution approving the oppofition made by the inhabitants of Maflachufet's-bay to the execution of the late acts of parliament; and that if the fame fhould be attempted to be carried into execution by force, all America ought to fupport them in their oppofition? A. I remember a refolution to that a mount? Q. Did you oppose it? A. I did oppofe it; and I recollect particularly, I infifted in Congrefs, that they should fuffer me to enter my proteft.-Another member (Mr Duane) joined me in it. There was a long debate, and we were over-ruled. We then infifted, that our motion for protefting should be entered on the minutes,- with their negative. It was refufed; on which Mr Duane and myself, when we returned from Congrefs, gave each other a certificate, declaring our oppofition to that queftion, as we thought it a treasonable • Whoever forms an opinion of the dif pofitions of the people in the revolted cole nies from the meafures of the Congrefs, don it on very mistaken principles. The mind of the people in general were peaceable and loyal; the meafures of the Congrefs wert violent and rebellious. Thefe truths are e vident from the proceedings of the people, and the records of the Congrefs. It appears, appointed the Congrefs, were only to feel that the instructions given by the people st for redress of grievances, and an union be tween the two countries, and not to take arms in order to establish independence. They amounted to a prohibition again illegal measures, especially fuch as tended difunite Great Britain and America. Th Congrefs, therefore, manifeftly violated them truft, and acted against the fenfe of the pe ple who chose them. Neither the first or any fubfequent Co grefs can, in any fenfe of the words, he deemed "a full and free reprefentation the people." In the first, the Delegates & four colonies only were appointed by is aflemblies, viz. those of Maflachufet's, Ca necticut, Rhode island, and Pennfylvans; and thefe affemblies had no authority fram the people to make fuch appointment: they were chofen for other purposes, and befor a Congrefs was thought of. And as the right of delegating their power was not ir cluded in the conftitution of their bedes they not only acted illegally, but withes Q. In what province do you speak of? Q. Who was the person ? A. Mr Boerum. Q. Do you know that of your own -wledge? A. I was not on the fpot, but I had from almost all the delegates of New ork. Q. Were the other delegátes so chofen A. They were not. 2. Do you know of another inftance fuch a choice? A. There were several instances where y few people met, compared with the mbers in the district. 2. Do you fpeak of the firft Congress which you fat? confent of their conftituents. Thefe delees, therefore, could not be the reprefentas of the people of their refpective colonies. 3 as to the other delegates, who were apnted by the conventions, and in districts the people; it is well known in America, they were not the reprefentatives in ay districts of one hundredth, and in ie, even in the most zealous and violent, tenth part of the legal voters; and we e feen in the King's county, where there not less than 1000 voters, the delegate Appointed by one person only. [461.]. The other Congreffes have not been a re perfect reprefentation of the people a the firft. The people having discover at length the defign and perfidy of their ers, and experienced the feverelt opp ef a and diftrefs under their government, as il as all the calamities of war, and dread ; the confequences of the unnatural alace with France, have very generally dened giving the least aid and countenance their measures, and withdrawn themfetves im having any share in their appointments; d being difaimed, have left it to a few sient men, who with arms in their hands, prive them of all freedom of judgement. ence we have feen, from a preceding part this examination, that the members of e whole rebel ftate of that colony, and members of Congrefs for the year 1778, ve been appointed by less than one hunIn the ed and fiftieth part of the people ovince of New York, at an election of the bel-governor, who was warmly oppofed another candidate, there were not 1000 Sters attended, although all in that large fony had a right to join in the appoint And the fame averfion to fupport the =efeat fyftem of independence has appeared the conduct of the people in all the other olonies. VOL. XLI. ent A. I do. Q. Do you recollect what perfons the militia of Pennfylvania, and other provinces with which you are acquainted, confifted of in 1774 and 1775 ? A. There was no militia in Pennsylvania in 1774.--In 1775, there was; they confifted of a very small part of the province of Pennsylvania. - The people took up arms with great reluctance in that province. I think the militia of Philadelphia, where there are near 30,000 fouls, never amounted to above 15 or 1600; and in the whole county of Bucks, I do they were fhort of that number. not think there was a greater proporcion in the county of Chefter; -- three of the oldeft, firft fettled colonies in the pro vince. Q. Who compelled them to take up arms in 1775 ? A. The firft militia was by a voluntary affociation, without any compul fion. Q. Did any affociate to oppose them? Q. Were not fuch affociations formed in feveral other colonies? A. I believe there were. Q. Did any affociate to oppose them? Q. Do you remember, in that year, that any great number of people were forcibly difarmed in the province of Pennfylvania ? A. I do not particularly recollect when they begun to difarm; but many people were difarmed before the refolve of Con. A. I cannot give a fatisfactory an fwer. Q. Was it in the year 1775 ? A. I do not remember whether in the latter end of 1775 or beginning of 1776, - but I rather think in 1775. Q. Were they the greater number of the people that were fo difarmed? A. I rather fufpe& not; - they did not difarm thofe whom they did not fufpect of making ufe of arms against them. Q. How many do you think might have been fo disarmed ? tion; A. I really cannot fay what propor- my arms. 4 N ON A DREA M. N Thurfday night, Nov. 25. Lord Lyttelton fat up late after the vote on the addrefs in the Houfe of Lords [582.]. He complained of a violent head-ach next morning, feemed much difcompofed, and recited a very ftriking dream, which, he said, would have made deep impreffion on his mind, had he been poffeffed of even the leaft particle of fupertition-He had started up from a midnight-fleep, on perceiving a bird flirting near the bed-curtains, which vanished fhortly; when a female spectre, in white raiment, prefented herfelf, and charged him to depend on his diffolution within three days: he lamented jocofely the fhortness of the warning, and obferved it was too short a time for preparation after fo diforderly a life.-On the Satur day morning he found himself in fpirits, and when at Epfom, told Mrs Fd (wife of the Hon. Mr Fd), that he should jockey the ghost, if he escaped a few hours, for it was the third and laft day. He was seized with convulfions in the evening, and expired pulling off his cloaths to go into bed [631.]. Thefe circumstances are not only verified by Charles Wol-y, Efq; a captain in the royal navy, and many other refpectable characters, witneffes of his Lordship's converfation and exit, but are remarkably impreffed on the mind of philofophy, by the additional circumftance of a very intimate friend of Lord Lyttelton at Dartford, in Kent, dreaming on the night of this event (Saturday, Nov. 27.), that his Lordship had appeared to him towards day-break, and, drawing back the curtains, faid, "My dear friend, it is all over; you see me for the last time," or words to that effect. IRISH PARLIAMENT. [613.] Sir Richard Heron, in the supply-committee, Nov. 23. ftated the prefent at rear of revenue, which in the whole amounted to upwards of 500,cool. He faid, that government acquiefced in the idea of a fix-months money-bill, mil G. Britain fhould take into confideratin the prefent state of Ireland; and, unles the loan-duties be continued the sal time, propofed to raise only 300,000, by eftablishing one or two lotteries; the reft to be made new duties, viz. an ad ditional duty on all goods imported into this kingdom (except wines) of fix cent. ; an additional duty on wic imported, of four per cent.; and a day on all tanned hides exported. Mr Daly faid, he would not only op pofe the funding of any arrear long than the 29th of September, but would give a negative to every new t propofed, until our reftrictions were r moved. Mr Bufhe faid, England must enaba us to pay the duties fhe would with raife in this kingdom, or the time we fhortly arrive when we fhall be obligo to speak more to the purpose. Lord Westport said, he was as n prejudiced against the new taxes as gentleman; but if, upon confideri them, they did not appear to be mit rially oppreffive, he fhould vote for them because he thought the conduct of admniftration deferved fupport where ever could be given confiftently with the ing tereft of the kingdom. Mr Ogle afked, What could prode money? were the estates able to do. when landed property had fallen fourth of its value? Neither trade r manufactures were able to bear tung the land was as little able to bear them we had nothing left; and therefore to man had a right to raise a revenue fram the pillage of the people. Mr Brownlow faid, every thing therto had promifed unanimity, and wifhed it to be continued: this wa time for new taxes. Mr Grattan faid, the worst uses mi be made of this money if granted: might be applied to the demolition our schemes of commerce, and overtime ing the conflitution. The propofal wa a fraud on the public, and fhould there fore be rejected. Mr Foster endeavoured to how not contrary to the spirit of the money-bill; and proved, by accucalculations, that a long money-bill produce four times the arrear of ormer. Should the money-bill exthe revenue was unequal to the ehment. He confeffed this country nable to exift without fome benemode being ftruck out for it, and was no man in that Houfe more than he was to equalize the revethe ability of the country. Parnel compared the proceedings e English towards us to that expeed by the Americans, when difty drew from them what loyalty not. Let us negotiate with the ith as friends, upon an equal footand not as dependents; not under ame of a defpicable union, but with nion and dignity confiftent with our ate legislature. r Yelverton faid, he would vote aAt new taxes. he Prime Serjeant said, since he had opportunity of giving counfel elfere, he would deliver his fentiments . What is the reafon of any mobill being introduced at the time of ention with tyranny, and uncertainredrefs? Poftpone all money-matters we know the result of our late applica. s. Willing, however, that the wheels overnment fhould not stand still, and pring for diffenfion arife in that e, he propofed, that the old money. fhould be voted to continue, that revenue may not drop until we know difpofition of minifters on the other the water; and when a fortnight at bring that about, it would be iment to determine before that time. revenue has evidently decreased our non-importation agreements; it is curious to obferve, that at the time government is become bankfor want of importation, it would hilate the little that remains, by a tax upon imports. Every tax now be a land-tax, for nothing elfe is to bear the burthen. The whole ant of landed property is fuppofed to ree millions; out of which you pay million; will the remainder bear tion? Let us enjoy the means, and our warmeft endeavours fhall be exfor the fupport of government. refore the watch-word to this Houfe be, To grant taxes when the minirifes to proclaim a free trade. Mr Fitzgibbon was against a fhort money-bill: he would not wish to vote for any money-bill till our fate was determined by the final declaration of England. Mr Corrie recommended the drawing. out the conftitutional ftrength, and, by giving it elafticity, prevent it from ruft. ing, and to reject the infidious proposal of the minifter. Mr Foster offered a mere impromptu to unite both lides: Let no new taxes be provided for; but the arrear of 300,000 I. for which the credit of the Houfe was pledged, be paid off, and every thing remain as at prefent till after the Christmas recefs, by which time we may know the intentions of England. Several other members spoke, all against new taxes; and, at Sir Richard Heron's requeft, the further confideration of the affair was put off till next day. Accordingly the fubject was resumed, Nov. 24.- Mr Grattan was aftonished at the Hon. Gentleman's proposal to carry down half a million of arrear in this time of diftrefs, which was a meafure never attempted in a time of profperity. His plan of new taxes muft raife the indignation, not only of that Houfe, but of the public. If the arrear were paid, we would be abandoned to combat the fame misfortunes which at prefent opprefs us. He therefore moved to refolve," That at this time it would be inexpedient to grant new taxes." Sir R. Heron faid, the fituation of government was fuch as required an immediate aid: exchequer-bills might be adopted as a mode; fomething must be done to fupport the establishment. Mr Yelverton faid, that the Rt Hon. Gentleman's propofition was a hafty and indigefted one; not diftinguishing what articles are to be taxed, but comprehending an indifcriminate tax, which might affect the moft effential parts of the manufactures of this country. If it were wine only that was to be taxed, it fhould have his hearty concurrence, or any thing else which would discountenance that foreign article, and render that wholefome product of this country,. whifky, fashionable at the tables of the opulent. When we are in expectation of having our ports open to the Weft Indies, and other parts of the world, will you counteract the good England may intend us, by diverting her attention from giving us ample redrefs, by loading. 4 N 2 ourfelres |