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54.7th

JUL 1 1902

Living
From the Estate an

Frag & dr. Gurney

BOUND. THI

15 1910

JOHN CHILDS AND SON, BUNGAY.

CONTENTS.

VOL. II.

PAGK

A LETTER TO THE SHERIFFS OF BRISTOL, ON THE AFFAIRS OF

AMERICA

1

Two LETTERS TO GENTLEMEN OF THE CITY OF BRISTOL, ON THE
BILL DEPENDING IN PARLIAMENT RELATIVE TO THE TRADE OF
IRELAND

43

Speech ON PRESENTING TO THE HOUSE OF COMMONS A PLAN FOR
THE BETTER SECURITY OF THE INDEPENDENCE OF PARLIAMENT,
AND THE ECONOMICAL REFORMATION OF THE CIVIL AND OTHER
ESTABLISHMENTS.

55

SPEECH AT BRISTOL, PREVIOUS TO THE Election, 1780

127

Speech AT BRISTOL, UN DECLINING THE POLL

- 170

Speech ON THE EAST-INDIA BILL

173

A REPRESENTATION TO HIS MAJESTY, MOVED IN THE House On

Commons, JUNE 14, 1784

249

.

REFLECTIONS ON THE RevoLUTION IN FRANCE, AND ON THE PRO

CEEDINGS OF CERTAIN SOCIETIES IN LONDON RELATIVE TO THAT
Event

277

LETTER TO A MEMBER OF THE NATIONAL ASSEMBLY .

519

.

A LETTER TO

JOHN FARR AND JOHN HARRIS, ESQRS.,

SHERIFFS OF THE CITY OF BRISTOL,

ON THE AFFAIRS OF AMERICA.

1777.

GENTLEMEN,

I HAVE the honour of sending you the two last acts which have been passed with regard to the troubles in America. These acts are similar to all the rest which have been made on the same subject. They operate by the same principle; and they are derived from the very same policy. I think they complete the number of this sort of statutes to nine. It affords no matter for very pleasing reflection to observe that our subjects diminish as our laws increase. If I have the misfortune of differing with some of

my

fellow-citizens on this great and arduous subject, it is no small consolation to me that I do not differ from

you.
With

you I am perfectly united. We are heartily agreed in our detestation of a civil war. We have ever expressed the most unqualified disapprobation of all the steps which have led to it, and of all those which tend to prolong it. And I have no doubt that we feel exactly the same emotions of grief and shame in all its miserable consequences; whether they appear, on the one side or the other, in the shape of victories or defeats, of captures made from the English on the continent, or from the English in these islands ; of legislative regulations which subvert the liberties of our brethren, or wbich undermine our own.

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VOL. 11.

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Of the first of these statutes (that for the letter of marque) I shall say little. Exceptionable as it may be, and as I think it is in some particulars, it seems the natural, perhaps necessary, result of the measures we have taken, and the situation we are in. The other (for a partial suspension of the Habeas Corpus) appears to me of a much deeper malignity. During its progress through the House of Commons, it has been amended, so as to express, more distinctly than at first it did, the avowed sentiments of those who framed it: and the main ground of my exception to it is, because it does express, and does carry into execution, purposes which appear to me so contradictory to all the principles, not only of the constitutional policy of Great Britain, but even of that species of hostile justice, which no asperity of war wholly extinguishes in the minds of a civilized people.

It seems to have in view two capital objects; the first, to enable administration to confine, as long as it shall think proper, those whom that act is pleased to qualify by the name of pirates. Those so qualified I understand to be the commanders and mariners of such privateers and ships of war belonging to the colonies, as in the course of this unhappy contest may fall into the hands of the crown. They are therefore to be detained in prison, under the criminal description of piracy, to a future trial and ignominious punishment, whenever circumstances shall make it convenient to execute vengeance on them, under the colour of that odious and infamous offence.

To this first purpose of the law I have no small dislike; because the act does not (as all laws and all equitable transactions ought to do) fairly describe its object. The persons who make a naval war upon us, in consequence of the present troubles, may be rebels ; but to call and treat them as pirates, is confounding, not only the natural distinction of things, but the order of crimes : which, whether by putting them from a higher part of the scale to the lower, or from the lower to the higher, is never done without dangerously disordering the whole frame of jurisprudence. Though piracy may be, in the eye of the law, a less offence than treason; yet as both are, in effect, punished with the same death, the same forfeiture, and the same corruption of blood, I never would take from any fellow-creature whatever any sort of advantage which he may derive to his safety from the pity

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