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corpus is relied upon as a prece- the crown, which are so contrived dent to enforce the declaration, as not to leave an hour open for the argument only shews, that the justice. Let the, objection Devermischief aforementioned has taken theless be allowed in its utmost explace already, fince one alteration, tent, and then compare the inexthough a very just one, not at all pediency of not immediately proapplicable to the present question, fecuting on one side, with the inis produced to justify another that expediency of stripping the parliais unwarrantable.
ment of all protection from priviBut it is strongly objected, that lege on the other. Unhappy as if privilege be allowed in this case, the option is, the public would a lord of 'parliament might endan- rather wish to see the prosecution ger the constitution by a continual for crimes suspended, than the parattack of successive libels ; and if liament totally unprivileged, alfuch a person should be suffered though, notwithstanding this preto escape, under the shelter of pri- tended inconvenience is so warmly vilege, with perpetual impunity, magnified on the present occasion, all government would be over- we are not apprised that any such turned ; and therefore it is inex- inconvenience has been felt, though pedient to allow the privilege now, the privilege has been enjoyed time when the time of privilege, by immemorial. prorogations, is continued for ever, But the second and best answer, without an interval.
because it removes all pretence of This objection shall be answered grievance, is this, that this house, in two ways. First, if inexpe- upon complaint made, has the diency is to destroy personal pri- power (which it will exert in favour vilege in this cafe of a seditious li- of justice) to deliver up the offender bel, it is at least as inexpedient to prosecution. that other great misdemeanours It is a dishonourable and an unshould stand under the like protec- deserved imputation upon the lords, tion of privilege ; neither is it ex- to suppose, even in argument, that pedient that the smaller offences they would nourish an impious should be exempt from a prosecu- criminal in their bofoms, against tion in the person of a lord of par- the call of offended justice, and the liament ; fo that if this argument demand of their country. of inexpediency is to prevail, it It is true, however, and it is must prevail throughout, and fub- hoped, that this house will always vert the whole law of privilege in fee as every magistrate ought that criminal matters ; in which mee does not betray his trust) that their thod of reasoning there is this fault, member is properly charged ; but that the argument proves too when that ground is once laid, much.
they would be ashamed to protect If this inconvenience be indeed the offender one moment; surely grievous, the fault is not in the this trust (which has never yet law of privilege, but in the change been abused) is not too great to be of times, and in the management reposed in the high court of par, of prorogations by the servants of liament; while it is ladged there,
-the public justice is in safe hands, the most important question might and the
privilege untouched; be irrecoverably loft, or carried by whereas, on the contrary, if for a sudden irruption of messengers, let the sake of coming at the criminali loose against the members half an at once, without this application hour before the debate. to the house, personal privilege is Lastly, as it has already been taken away, not only the offender, observed, the case of supposed libut the whole parliament, at the bels is, of all others, the most dansame time, is delivered up to the gerous and alarming to be left open
to prosecution during the time of It is not to be conceived, that privilege. our ancestors, when they framed If the severity of the law touchthe law of privilege, would have ing libels, as it hath sometimes left the case of a seditious libel (as been laid down, be duly weighed, it is called, the only unprivileged it must strike both houses of parliamisdemeanor. Whatever else they ment with terror and dismay. had given up to the crown, they The repetition of a libel, the dewould have guarded the case of livery of it unread to another, is supposed libels above all others with said to be a publication ; nay, the privilege, as being most likely to be bare poffeffion of it has been deemed abused by outrageous and vindictive criminal, unless it is immediately prosecutions.
destroyed, or carried to a magi. But this great privilege had a strate, much deeper reach ; it was wisely Every lord of parliament then, planned, and hath hitherto, through who hath done this, who is falsely all times, been resolutely main- accused, nay, who is, though withtained.
out any information, named in the It was not made to screen crimi- secretary of state's warrant, has nals, but to preserve the very be- lost his privilege by this resolution, ing and life of parliament; for and lies at the mercy of that great when our ancestors considered, enemy to learning and liberty, the that the law had lodged the great messenger of the press. powers of arreft, indictment, and For these and many other forinformation in the crown, they cible reasons, we hold it highly saw the parliament would be un- unbecoming the dignity, gravity, done, if, during the time of privi- and wisdom of the house of peers, lege, the royal process should be ad- as well as their justice, thus judimitted in any misdemeanor whatso- cially to explain away and dimieyer : therefore they excepted none. nish the privilege of their persons, Where the abuse of power would be founded in the wisdom of ages, defatal, the power ought never to be clared with precision in our standgiven, because redress comes too ing orders, fo repeatedly confirmlate,
ed, and hitherto preserved invio. A parliament under perpetual lable by the spirit of our ancestors, terror of imprisonment can neither called to it only by the other house,
old, nor honest ; and on a particular occasion, and to if this privilege was once removed, ferve a particular purpose, ex post Vol. VII.
be free, nor
facto, ex parte, et pendente lite in unanimously granted. The ample the courts below.
have made for the seTemple, Abergavenny, veral services recommended to you, Bolton, Fred. Litch. Cov. and especially for maintaining my Grafton, Afhburnham, fleet in a respectable state, will, I Cornwallis, Fortefcue,
am confident, preserve to this naPortland, Grantham,
tion its proper weight and influence, Bristol, Walpole,
and give strength and security to all Devonshire, Ponsonby,
my dominions. Scarborough, Folkftone.
The wise regulations which have Dacre,
been established to augment the public revenues, to unite the inte
rests of the most diftant pofleflions His majesty's most gracious speech, fecure their commerce with Great
of my crown, and to encourage and to both houses of parliament, on
Britain, call for my hearty approThursday, April 19, 1764.
bation. My lords and gentlemen,
Your regard to public credit, in
discharging a part of the heavy T
Cannot put an end to this session debt contracted and unprovided
of parliament without returning for during the late war, without you my thanks for the prudent imposing on this kingdom the burand falutary measures which you then of any new taxes, is particuhave taken to extend the commerce larly pleasing to me, from the tenand secure the happiness, of my der concern which I feel for my kingdoms.
people. The assurances which I have received of the pacific disposition of
My lords and Gentlemen, the several powers with whom we It is the proper employment of were lately at war, and of their re- this season of tranquillity, to con. folution to adhere inviolably to the sider of the most effectual means terms of the late treaty, promise for perfecting those works of peace, the continuance of peace abroad; and plans of public utility, which and the firm and temperate exer- have been so wisely and happily tion of your authority, joined to the begun. constitutional and public-spirited I recommend these important conduct which you have manifested objects to your consideration during on every occalion during the pre- the recefs. You may depend upon sent session, will, I trust, establish my conftant endeavours for the fuc: at home due obedience to the laws, cess of these good purposes ; as I reverence to the legislature, and shall ever esteem it my truest glory, domestic union.
to employ that power with which Gentlemen of the house of the constitution hath entrusted me,
in promoting your real interests, commons,
and lasting happiness. I thank you for the supplies which you have fo cheerfully and
PAPERS. (179 Preliminary articles of peace, in full right, the lands from the friendship, and alliance, entered fort of Niagara, extending easterly into between the English and the along Lake Ontario, about four deputies sent from the whole Se- miles, comprehending the Petit neca nation, by Sir William Marais, or landing-place, and runJohnson, bart. his majesty's sole ning from thence southerly, about agent and superintendant of In- 14 miles, to the creek above fort dian affairs for the northern Schlosser, or Little Niagara, and parts of North America, and co- down the same, to the river or lonel of the Six united nations, ftrait ; thence down the river or their allies and dependants, &c. ftrait, and across the same at the
great cataract ; thence northerly to Art. I. THAT the Seneca 'na- the banks of Lake Ontario, at a
tion do immediately creek or small lake about two stop all hoftilities, and folemnly miles west of the fort; thence engage never more to make war easterly along the banks of Lake upon the English, or suffer any of Ontario, and across the river or their people to commit any acts of strait to Niagara, comprehending violence on the persons or proper- the whole carrying-place, with the ties of any of his Britannic ma- lands on both sides the strait, and jesty's subjects. The sachems and containing a tract of about 14 miles chiefs of the Senecas agree fully to in length and four in breadth. this article.
And the Senecas do engage never II. That they forthwith collect to obstruct the passage of the carall the English prisoners, deferters, rying place, or the free use of any Frenchmen, and negroes, amongst part of the said track, and will them, and deliver them up to Sir likewise give free liberty of cutting William Johnson, (together with timber for the use of his majesty, the two Indians of Kanestio, who or that of the garrisons, in any killed the traders in Nov, 1762, other part of ther country not comprevious to the treaty of peace, prehended therein.--Agreed to; prowhich will take place within three vided the track be always approprimonths, if these articles are agreed ated to his majesty's sole use; and to); and that they engage never to that, at the definitive treaty, the harbour or conceal any deferters, lines be run in the presence of Sir Frenchmen, or negroes, from this William Johnson, and some of the but should
fuch take re- Senecas, to prevent disputes hereaffuge amongst them, they are to be ter. brought to the commanding officer IV. That they allow a free parof the next garrison, and deli- fage through their country, from vered up; promising likewise ne- that of Cayugas to Niagara, or ver to obstruct any search made af- elsewhere, for the use of his mater such perfons, or to hinder their jefty's troops, for ever ; engaging being apprehended in any part of never to obstruct or molest any of their country:-Agreed to ; and his majesty's troops, or other his they will assist in apprehending subjects, who may make use of the any such in their towns.
same, or who may have occasion III. That they cede to his ma- to pass through any part of their jesty, and his fucceffors for ever, country, by land or water, from
henceforward.--Agreed to; and deliver up three of their chiefs as moreover (if required) the Senecas hostages, who are to be well treated, will grant escorts of their people ; and restored to them so soon as the but it is expected they will not be same are fully performed on their ill treatea by any of the English parts.—They agree to leave as hoswho may pass through their coun
tages, Wannughfila, Serrihodna, try.
and Arajungas, three of their chiefs. V. That they grant to his man IX. In consequence of their perjesty, and his successors for ever, a fect agreement to the foregoing arfree use of the harbours for vessels ticles, Sir William Johnson doth, by or boats within their country on virtue of the powers and authorities Lake Ontario, or in any of the reposed in him, in the name of his rivers, with liberty to land ftores, Britannic majesty, promise and en&c. and erect sheds for their secu- gage, that the said Indians shall rity.--Agreed to.
have a full pardon for past tranfVI. That they immediately stop gressions : that they shall be left all intercourse between any of their in the quiet and peaceable poffeffion people and those of the Shawanese, of all their rights, not comprised in and Delawares, or other his ma- the foregoing articles ; and that, jefty's enemies, whom they are to on their duly performing the fame, treat as common enemies, and to and subscribing the definitive treaty afist his majesty's arms in bringing of peace, to be held in consequence them to proper punishment; fo- hereof, they shall be once more adlemnly engaging never to be privy mitted into the covenant chain of to, aid, or assist any of his ma- friendship with the English ; and jesty's enemies, or those who may be indulged with a free, fair, and hereafter attempt to disturb the open trade, fo long as they abide public tranquillity.--Agreed to. by their engagements. This arti
VII. That should any Indian cle the Senecas expect will be strictcommit murder, or rob any of his ly regarded ; and also that trade majesty's subjects, he shall be im- will be carried on in a fair and mediately delivered up to be tried equitable manner. and punished according to the equi- The foregoing articles, after table laws of England and should being duly and fully explained to any white man be guilty of the like the chiefs and warriors, deputies crime towards the Indians, he shall from the Senecas, they have figo be immediately tried, and punished nified their assent thereto by affixif guilty : and the Senecas are ne- ing marks of their tribes to these ver for the future to procure
them- presents. felves satisfaction, otherwise than as Given under my hand, at Johnbefore mentioned, but to lay all fon-hall, the third day of April
, matter of complaint before Sir Wil. 1764. liam Johnson, or his majefty's fu
(Signed) perintendant of Indian affairs, for (Signed) W. Johnson. the time being, and strictly to Tagaanadie Sayenqueraghta maintain and abide by the covenant Kaanijes Wanughfiffae chain of friendship.--Agreed to. Chonedagaw Taganoondie
VIII. For the due performance Aughnawawis Taanjaqua. of these articles, the Senecas are to