BILL FOR DETAINING PERSONS IN PRISON CHARGED WITH HIGH-TREASON.
On the 6th of February Lord North introduced a bill “For enabling His Majesty to detain and secure Persons charged with, or suspected of, the Crime of High-treason, committed in North America or on the High-seas, or the Crime of Piracy.” The bill provided, that all persons charged with or suspected of treason, committed in any of the colonies, or on the high-seas, or of piracy, should be liable to be committed to any place of confinement named by the king, under his sign-manual, within any part of his dominions, without bail or mainprize, and there detained, without trial, during the continuance of the act, unless his majesty’s privy-council granted an order for admitting any such prisoners to bail or to trial. This bill encountered a strong opposition. On the second reading Mr. Dunning declared that it struck directly at that great pillar of British liberty, the Habeas Corpus Act, and that it was disgraceful that it should be brought in without notice, and when the house was so thinly attended. He moved, that the bill should be printed, which was granted, and the second reading was therefore postponed. The alarm it excited brought back several of the seceders, and the debate became more animated. It was urged by the opposition that the bill would tend to create spies, informers, and false accusers; that it would furnish means of gratification, emolument, and safety to the most profligate of mankind; and that it would enable any revengeful minister or mercenary villain to satiate his revenge or replenish his purse at the expense of the virtuous. Charles Fox used some cogent arguments against the measure. He remarked:—“Who knows but ministers, in the fulness of their malice, may take into their heads that I have served on Long Island under General Washington? What would it avail me, in such an event, to plead an alibi—to assure my old friends that I was, during the whole of the campaign, in England—that I was never in America, or any other sea but between Dover and Calais, and that all my acts of piracy were committed on the mute creation? All this may be true, says a minister or a minister’s understrapper, but you are for the present suspected, and that is sufficient. I know that you are fond of Scotland:—this is not the time for proofs; you may be, and very probably are innocent, but this bill cares not whether you are guilty or innocent: I will send you, under the sign-manual, to study the Erse language in the isle of Bute; and as soon as the operation of the bill is over, you will be at liberty to return, or go whither you please. You may then call upon your accusers, to prove their charges of treason in America, or of piracy on the high-seas; but they will laugh in your face, and tell you they never charged, they only suspected; and the act of parliament will serve as a complete plea in bar. It will answer a double end—it will be at once your redress and our justification.” In reply, Lord Thurlow ridiculed the idea that the bill was framed to reach disaffected persons within this realm; though, he added sarcastically, for his own part, if it did operate in this direction, he should scarcely consider it a fault. The commitment of the bill was carried by a majority of one hundred and ninety-five against forty-three; but as it was discovered that some of the clauses were opened to serious objections, several amendments were made in committee, one of which, moved by Sir Grey Cooper, secretary to the treasury, defined the places and the extent of the offence, subjecting persons to the operation of the act. This, however, by no means satisfied either the opposition or the country at large. A petition was presented from the city of London, praying that the bill might not pass, or if it did, that it might not extend to persons resident in Great Britain. A clause to this effect was adopted, principally by the efforts of Mr. Dunning, and another was also carried, which exempted certain minor acts of piracy from the operation of the bill. Thus amended, the bill passed both houses; and the opposition felicitated themselves, that, notwithstanding their numerical weakness, they had compelled ministers to accept their corrections of so reprehensible and dangerous a measure.