The minifter accord

June ift.. ingly brought in a tem

porary bill, allowing the company, for a limited term, to continue their exclufive trade to India; to manage the territorial acquifitions and poffeffious in Afia, and to receive the revenues arifing therefrom. The future provifions of this bill, though they tended to establish a very great participation to the public in the revenues and profits of the company, were not much controverted; as the fortness of its duration would af ford an opportunity for fettling thofe matters upon a better footing. But the retrospective effect of it, in compelling the company to pay the demand of 632,000l. made by the minifter, under a claim of participation in its paft profits, was ftrenuously combated by the oppofition, who reprefented it as a measure of the utmost violence and injuftice. The company likewife petitioned, and were heard by counsel against the bill. Chance, however, had nearly effected, what the exertions of the oppofition and company were totally unequal to. Through inattention and bad attendance, the thinness of the house probably induced the oppofition, unexpectedly, to bring a queftion for going into a committee on the bill to a divifion; which was only carried by a majority of 28 to 25, fo that the bill was within three of being loft. It met with fome faint oppofition in the Houfe of Lords, where the Duke of Chandos declared, that he could not confent to a bringing a bill of rapine and plunder in aid of fupply. We Thould obferve, that the minifter's claim of 632,000l. upon the com

pany, had been reduced in its paf fage through the Houfe of Commons to 402,000l. This bill received the royal affent, along with the Bengal judicature bill, at the clofe of the feffion.

The restrictions of the marriage act of the year 1751, had not only been much complained of by the younger part of the world, but had drawn the cenfure of fome more ferious, and even well-informed men, who fuppofing it unfavourable to population, confidered it as contrary to the policy of all states, but particularly to that of a commercial nation; and who condemned it likewise as being ariftocratic in its principle.

An inconvenience, arifing not fo much from any end proposed by the law, as from fome incidental circumftances of the penalties which were to enforce obedience to it, was the cause of its being at this time brought into difcuffion. As publicity was one of the objects aimed at in this law, it enacted, that all marriages celebrated in places, where banns had not been ufually published, and marriages celebrated, before the act, fhould be confidered as void ab initio. It happened, that a great number of new chapels and places of worship had, according to various exigencies, been erected fince the paffing of that law; and while the more oftenfible, and originally operative parts of the law were well remembered, nobody thought of examining an old act of parliament, on any idea that its penalties extended to future and neceffary contingency. Thefe newly erected chapels, being ufed for all other religious purpofes, marriages were folem

nized in them, without any idea of contravening the letter or fpirit of the law. All these were, however, fhaken. The litigious induftry of a country attorney, and difpofition of the officers of a parish, at length brought to light the full effect of this claufe. It was evidently ridiculous, that the validity of a marriage fhould de. pend upon the fkill of the parties in the antiquities of the place of celebration. And as the point might become every day more obfcure, and more a subject of difcuffion, the evils, already feverely felt, threatened the moft alarming and general confequences, in the moft delicate and valuable of all political confiderations. Such is the test of legiflatión! The dependencies of civil affairs are fo nice and various, that the contingent effects are often of greater moment than the immediate ones. A fingle inaccuracy in one law may shake the frame of the whole community. The prefent inftance is one among many to imprefs men in such matters with the neceffity of deliberation and forefight.

The firft legal decifion upon this new queftion of law, arofe upon the calamitous cafe of a pauper, with a family of eleven children, who being denied a fettlement by the parish, notwithstanding an order of the juftices in his favour, the matter came into the court of King's Bench; where the judges, though exceedingly contrary to their inclinations and feeling, thought themselves under a neceffity of adhering to the

letter of the act.

This induced Lord Beauchamp to introduce the bufinefs in the

Houfe of Commons, and to bring in the heads of a bill for affording relief to the many thousands who were innocently involved in so grievous and calamitous a fitua tion.' Such was the concurring zeal of all parties, to prevent those irremediable mischiefs which were likely to arife from a knowledge of the late decifion, that though the fubject was only introduced on the 28 of May, the bill was read the third time, and paffed, on the 7th of June.

The marriage act had in its origin been opposed with great zeal by the late Lord Holland; and Mr. Fox confidering the oppofition to it as devolved by defcent upon himself, wished to extend the provifions of Lord Beauchamp's bill much farther than merely the relief intended with regard to the fingle object in view,

This was likewife the wish of many others, who disapproved either in the whole or in part of the marriage act. But it not being deemed prudent to run the rifque of delaying the operation or preventing the effect of the new bill by clogging it with any matter which might produce an oppofition, Mr. Fox, as foon as it was paffed, entered, with his ufual ability, into a full fatement of the marriage act, in which he reprobated in the fevereft terms its principle and defign, painted, in the frongest colours, the extreme impolicy and pernicious confequences of its reftrictions, and reprefented the whole as being equally tyrannical and abfurd. He obferved, that by the newly discovered blot in that law, now confirmed by a legal de. cifion, moft of the clergy in the

kingdom

kingdom had been ignorantly guilty of felony by the celebration of marriages in the new chapels; fo that (as he laughably continued) we might expect to fee most of our prélates, either transport ed to America, or fent in their lawn fleeves to work on board the

ballaft lighters. He concluded by moving for leave to bring in a bill for amending the marriage act; the amendment going to the repeal of every part of that law, excepting what related to the res giftering of marriages.

The other fide of the queftion was taken up by Mr. Burke, and fupported with great ability. He fet the matter upon the confiderations due to parents and relations, as Mr. Fox had confined it to thofe of the parties themfelves. He arged and enforced all the topics which naturally prefent them felves in oppofition to clandeftine marriages, contracted between perfons unequal in rank, fortune, and every circumftance, at an age, in which the law does not allow difcretion to perform any other act whatsoever. He contended, that the marriage act had pretty justly hit the medium, between clofe and mischievous reftraint, and the former laxity, which had been the cause of fuch diforders and fo many juft complaints. He faid, that the period of free agency in this important matter, being reduced to that of legal difcretion in other refpects, there were no complaints on either fide. If in the purfuit of improvement any incidental inconveniences had arifen, we ought not for the cure of it to refort to the original evil.

Lord Beauchamp's bill paffed

the Houfe of Lords, and received the royal affent; but Mr. Fox's bill was lefs fortunate, being loft on the fecond reading, without a a divifion; the lateness of the seafon had, however, been held out as a reason for its not then being proper to enter into the confideration of a question, of such importance.

The hope of conciliation in fome manner or form with America, and confequently of withdrawing her from her new connections, was not yet entirely éxtinct with the oppofition; and under this impreffion, Colonel Hartley, on the last day of May but one, had moved for the bringing in a bill, to veft the crown with sufficient powers to treat, confult, and finally to agree, upon the means of reftoring peace with the provinces of North America. The minifters feemed difpofed to have met the queftion only with a filent negative; but being rather forced into a debate by Sir George Savile, it afforded an opportunity to Mr. Fox and Mr. Burke, to throw out fo much keen cenfure and invective upon the whole subject of the American bufinefs from the beginning, that a gentleman on the court fide declared, the motion was at leaft entitled to one praife, that of having produced two of the moft elegant and powerful philippics against administration, which had ever been delivered in that house. The motion was rejected on a divifion by a majority of 106 to 72.

An account of the battle of Guildford, in North Carolina, having foon after appeared in the Gazette, together with thofe fubfequent events, by which it appeared that the victorious army

had

had notwithstanding fuffered the confequences of defeat, in being obliged to abandon the country, with all the objects of their entering it, and to retire to the fea-fide, Mr. Fox thought this intelligence, fo authenticated, afforded a proper foundation for bringing the bufinefs again forward.

He accordingly, on the 12th of June, making the Gazette the ground of his proceeding, moved, that the houfe fhould refolve itfelf into a committee, to confider of the American war; at the fame time giving notice, that he intended to move a refolution in the committee That his majefty's mi"nifters ought immediately to "take every poffible measure for "concluding peace with our A"merican colonies."

As this motion occafioned an exertion of all the ability on either fide of the house, it neceffarily brought out all the arguments that had yet, or that could now be offered, on the queftions, of the propriety of continuing the American war, the grounds for hoping or despairing of fuccefs, the prudence or policy of feeking a peace with America, the probabilities of obtaining it, or of detaching them from their allies, if fought, the confequences of granting independence to the colonies, which must be laid down as the first preliminary towards obtain ing fuch a peace, and whether the crown was not already endued with fufficient powers for concluding a peace with America, if ever the neceffity of fuch a measure should be established? Both the competency of parliament to any interference in the bufinefs of the.executive power, and the propriety,

if competent, of fuch interference, were likewife brought into queftion, and fully difcuffed. These, with other matters arifing from the fubject, were debated with great ability till towards midnight, when the motion was rejected upon a divifion, by a majority of 172. to 99.

The ufual vote of credit for a million being obtained, an end was at length put to this long, and exceedingly tirefome, feffion of parliament. In the fpeech from the July 18th. throne, they were comforted for the unusual length of attendance, by the fatisfactory reflection, that their time had been employed in a faithful discharge of their duty to their country, in the prefent arduous and critical state of public affairs, An entire approbation of their conduct, and a perfect confidence in the loyalty and good affections of this parliament, was declared. The zeal and ardour which they had fhewn for the honour of the crown; their firm and steady support of a good caufe; and the great efforts they had made to enable his majefty to furmount all the difficulties of this extenfive and complicated war, muft, it was faid, convince the world, that the ancient fpirit of the British nation is not abated or diminished. That, in the midst of these difficulties, they had formed regulations for the better management and improvement of the revenue; they had given additional strength and ftability to public credit; and their deliberations on the affairs of the Eaft-India company had terminated in fuch meafures as would, it was trufted, produce great and effential advantages to

thefe

these kingdoms. The fubject of India affairs, was again and again recurred to; the benefits to be derived from the territorial poffeffions, and the attention to be paid to the reftraining of abuses, particularly noticed; and it was concluded that the bufinefs would be refumed and completed at their next meeting. The ufual declarations, of wishing the restoration of the public tranquillity, and of endeavouring to bring back the deluded fubjects in America to the happiness and liberty they for

merly enjoyed, were now made. But, though peace was the earnest with of his majesty's heart, he declared, that he had too firm a reliance on the spirit and resources of the nation, the powerful affiftance of his parliament, and the protection of a juft and all-powerful Providence, to accept it upon any other terms or conditions, than fuch as might confift with the honour and dignity of his crown, and the permanent intereft and fecu rity of his people.

CHRO