parliament, was the act to permit the free interchange of every species of grain between Great Britain and Ireland, without any bounties or duties or any restraints whatsoever. By the operation of this law the corn trade between Great Britain and Ireland was placed on the same footing as the corn trade between the different pro vinces of England; and as no one could doubt of the wisdom, or ob. ject to the policy of this measure, the bill, after a few words from Mr. Foster, passed without opposi

tion.

A singular contrast to this in every respect was furnished by the bill, which we are next to take into consideration. The American intercourse bill, the one to which we .allude, differed not more remarkably from the corn intercourse bill, in the comparative unimportance of its enactments, than in the violent and unreasonable opposition it was destined to encounter. Ever since the commencement of the war in 1793, it had been found impossible to supply our West India islands -with lumber and provisions from the continent of North America by British shipping alone. The negli gence of government in not furnishing convoys to merchantmen, and the superior profits of the transport service, induced the British ship owners, at the breaking out of the late war, to withdraw them selves, in a great measure, from this branch of the carrying trade: upon which the colonial governors, in order to save the islands under their care from the misery and distress, to which any want or even scarcity of articles of such indispensable ne

cessity must have reduced them, ventured to dispense with the navi. gation acts, and open to neutrals the supply of the colonies with commodities so essential to their subsistence. For these violations of law, which the necessity and urgency of the case amply justified, bills of in demnity had been repeatedly, and for many years annually passed by parliament; and the trade, though illegal and inconsistent with the whole principles and provisions of our colonial and maritime law, had been suffered, during the whole of the last and present war, to pro ceed without interruption and almost without complaint. At length, in the beginning of Mr. Pitt's second administration, the shipping interest of Great Britain, which had been reduced by various causes to a state of great depression, began to complain of this intercourse, which the West India islands enjoyed with neutrals, on the ground, that it was contrary to our navigation laws, and injurious and ruinous to British shipping; and such was the influence of their representations on the government, which happened at that time to be at variance with the assembly of Jamaica on points of a totally different nature, that instructions were sent out to the governors of the West India colonies, "not to open the ports of the islands over which they presided for the admission of articles from the American states, which were not allowed to be imported by law, except in cases of real and very great necessity*." In consequence of these instructions, the governor and council of Jamaica revoked their former permission to neutrals, of

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arrival of the next fleet with provisions from Cork*. While these discussions disturbed the tranquillity of Jamaica, the Leeward islands remained perfectly quiet, in consequence of the firm and judicious conduct of their governor, who availing himself of the letter, while he disregarded the spirit and obvious intention of his new instructions, issued a proclamation, declaring it of "real and very great necessity" to the welfare of the islands under his care, that the intercourse which they had heretofore maintained with the United States, should not be interrupted. +

Such was the situation of the West India islands, when the new ministers came into office. The first object, that engaged their attention, was to quiet the apprehensions of the colonies, and relieve them from any actual danger with respect to subsistence. For this purpose a circular letter to the colonial governors, was transmitted from the secretary of ́state's office, directing them to continue the established intercourse with America, and assuring them that the usual act of indemnity would be moved in their favour. This measure, which was afterwards represented in the house of commons as an arrogant, and presumptuous exercise of authority, arose naturally out of the desire of ministers to allay that state of disquietude and alarm, into which the late proceedings of the government at home had thrown the colonies, as well as from a laudable anxiety to communicate, as speedily as possible, to the

colonial governors, their intentions and views of policy in the superintendance of this important part of the empire. They who blame them for precipitancy on this occasion, should recollect, that, when these instructions were sent, the colonial governors were in doubt how to proceed, and the colonial assemblies full of alarm at the prospect of famine,

It was then discovered, that the infraction of the navigation laws, in this branch of the carrying trade, had been considered by the late allministrations in so trivial a light, that they had omitted for several years to introduce into parliament an indemnity bill for those concern ed in it, the last bill of the kind having been passed in 1801. Añ indemnity bill in the usual forms was therefore enacted.

The next subject to be considered, was, whether the necessity which had occasioned the offence, and which alone could justify the indemnity, was of a kind likely to continue during the war; and as thirteen years experience had now amply shewn, that, in time of war, it was impossible to supply our colonies with lumber and provisions, without, the aid of neutrals, it seemed to follow, that there was no probability of the necessity terminating till the war was at an end. But, if neutrals must be permitted to trade with our colonies in time of war, it was surely better, that such permis sion should be given to them under the authority of law, than that the law should be perpetually violated, and

1804.

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the violators of it protected by bills of indemnity. If the trade could not be interrupted, without endan gering the subsistence of the colonies, it was proper, that it should be carried on with the consent of parliament, and not in contempt of its authority. If a discretionary power was necessary to regulate its operations and limit its extent, it was fitting, that such discretionary authority should be conferred by the legislature, but most improper that it should be assumed by the servants of the crown. Such were the views in which the American intercourse bill originated. Its object was to give a legal existence to that trade, which had been carried on for thirteen years in opposition to law, but which could not be stopped, without putting to hazard the existence of the colonies. It occasionéd no innovation in the established course of trade, nor was intended inor calculated to produce that effect. It either aggravated the distresses, nor added to the difficulties of the shipping interest of Great Britain. It gave them on the contrary, a legal tribunal, before which, in the absence of parliament, they could at all times carry their complaints, and, if aggrieved, demand and obtain redress for their grievances. No man or body of men could justly complain of ministers, that foreseeing they should be compelled from necessity to do that, which -others from necessity had already done, they preferred to have a legal authority for doing it, rather than first to violate the law, and come afterwards to parliament for san indemnity. No man or body of men had a right to insist, that ministers should act illegally, when they were disposed to have the au

thority of law to direct their proceedings. No man could say he was injured, when a competent tribunal was appointed to hear and redress his wrongs. If the British ship owners were of opinion, that whatever might have been the past obstacles that prevented them, they were now able to supply our West India colonies with provisions, they had only to state their case to the privy council; and if they could shew, that they had not only an inclination but an ability to resume the monopoly, which they had formerly abandoned, they might be sure, that the privy council of England would prefer their interests to those of the subjects of any foreign power.

That we have taken a just view, and given a faithful account of the origin, purport and effect of the American intercourse bill, any one may satisfy himself without difficulty, by the perusal of its concise and simple enactments. After stating in the preamble of the bill, that it had been necessary at various times during the present war to permit neutrals to trade with his majesty's colonies in the West Indies, and on the continent of South America, and adding, "that it was proper that provisions should be made for meeting such emergencies in future, without the necessity of frequent violations of the law by his majesty's officers appointed and sworn to administer and execute the same;" it empowered his majesty in council, when such necessity should again arise during the present war, to authorize his governors, under such restrictions and limitations as to him in council should seem fit, to permit this trade to be carried on; with this proviso, that neutrals so employed, should

confined to the legislature. The ship owners in different parts of the kingdom were stirred up to present petitions against it; and so successful were the artifices used to impose upon their minds, that long after the bill had passed into a law, they continued firmly persuaded, that to this harmless and inoperative measure, all the distresses, which they afterwards suffered, were justly to be attributed.

Our limits will not permit us to give a detailed account of the debates upon this subject in the house of commons. They were distin. guished, however, by greater length and violence on the part of opposition, than any that occurred during the present session, the debates on the new military plans only excepted. The principal speakers on the side of opposition were Mr. Rose, the master of the rolls, lord Castlereagh, Mr. Percival, and Mr. Canning; and on the side of the minis try, Mr. Fox, the attorney general, and lord Henry Petty. The following were the chief topics insisted upon.

As to the history and progress of this bill, it was first brought into parliament, in the house of lords, by lord Holland, who had in vain called the attention of the late ministry to the subject, in the preceding session of parliament. After a good deal of opposition the bill passed the lords; but in consequence of some informality it was thrown out in the house of commons, and a new bill to the same effect was introduced by lord Temple, which, after much opposition and many long and violent debates, was at length passed into a law. To one who looks back on the transactions of that period, it appears incredible, that a bill, which effected and professed to effect so little, should have occasioned so much debate, and exeited such violence of opposition, Those very persons, under whom the navigation act had been deliberately violated for thirteen years past, and who had brought in regu. lar bills of indemnity to excuse the violation of it, exclaimed against this bill, which had no other object, than to authorize the privy council to do that according to law, which they had done without law; and equally regardless of truth in their statements as of consistency in their conduct, they had the hardihood to maintain, that this was the first departure from the provisions of the navigation act, which any minister had ever ventured to propose in parliament. Nor was the spirit of opposition to this unfortunate bill

true,