Monday, March 14.

Mr. Bollan agent for the council of the province of Maffachufett's Bay, prefented a petition to the House, defiring that as they now had under their confideration the state of the northern colonies, he might be permitted to lay before the House authentic copies of the proper alla regia of Queen Elizabeth and her fucceffors, for the fecurity given to the adventurers, planters and their defcendants, of the perpetual enjoyment of their public liberties, which he prefumed had never been laid before the Houfe, nor had the colonies ever yet had the opportunity to afcertain and defend their invaluable rights. The petition was ordered to lie on the table.

June, 1774.

Lord North ordered his majesty's meffage to be read, which he obferved contained two propofitions; the one to enable his majesty to put an end to the prefent difturbances in America; the other to fecure the juft 'dependence of the colonies on the crown of Great-Britain. His Lordship obferved, that the present diforders arofe, and were occafioned by the inhabitants of Boston in Massachufett's Bay; and hoped that the method he fhould propofe to the House would be adopted. He faid he fhould confine himself particularly to those disturbances which had been created fince the first of December, that it was now impoffible for our commerce to be fafe, whilst it continued in the harbour of Boston, and it was highly neceffary that fome port or other fhould be found for the landing of our merchandize, where our laws would give full protection; he therefore hoped that the removal of the cuf tom-house officers from the town of Bofton, would be a neceffary step; and

that

that the confequence of that would produce one other propofition, which would be, the preventing any fhipping from endeavouring to land their wares and merchandize there, by blocking up the use of that harbour; he faid he should move for leave to bring in a bill this day for those two purposes. He obferved, that this was the third time that the officers of the customs had been prevented from doing their duty in the harbour of Bofton; he thought the inhabitants of the town of Boston deferved punishment, and faid, perhaps it may be objected, that fome few individuals may fuffer on this account who ought not; but where the authority of a town has been, as it were, afleep and inactive, it was no new thing for the whole town to be fined for fuch neglect, he inftanced the city of London in King Charles the Second's time, when Dr. Lamb was killed by unknown perfons, the city was fined for it; and the cafe of Edinburgh, in Capt. Porteus's affair, a fine was fet upon the whole; and alfo at Glasgow, where the house of Mr. Campbell was pulled down, part of the revenue of that town was fequeftered to make good the damage. He obferved that Boston did not ftand in fo fair a light, as either of the three before mentioned places, for that town had been upwards of feven years in riot and confufion; affociations were held against receiving British merchandize fo long ago. He obferved that all the disturbances that had been in the provinces or colonies of America, had originated in the town of Boston; and that proceedings were openly carried on from the beginning of laft November, to the 17th of December, denying the force or efficacy of the laws of this country, to be exerted in the harbour of Boston; that during the above time, there was not the least interpofition offered by the inhabitants of the town; that at their public meetings, they had regularly given orders for nightly watches to be appointed, confifting of a large body of perfons, which were to prevent the landing of the tea. As the merchandize of GreatBritain, this furely was highly criminal, and a direct oppofition to the execution of an act of parliament; and as the tea belonging to the India company had remained twenty days in the harbour without a clearance, they were afraid eft it fhould be feized by the cuftom

houfe officers, and by that means landed; they therefore destroyed it on the 20th day. That this appeared to be a moft violent and outrageous proceeding done to our fellow fubjects, by a set of people, who could not, in any shape, claim more than the natural privilege of trading with their fellow fubjects. That Bofton had been the ringleader in all riots, and had at all times fhewn a defire of feeing the laws of Great-Britain fruftrated in the colony of Massachusett's Bay. That the act of the mob in defiroying the tea, and other proceedings, belonged to the act of the public meeting, and that tho' other colonies were peaceably and well inclined towards the trade of this country, and the tea would have been landed at New-York without any oppofition; yet, when the news came from Bofton, that the tea was deftroyed, Governor Tyron, from the advice of the people, thought, that the face of things being changed fince that account was fent, it would be more prudent to send the tea back to England then to risk the landing of it. His lordfhip obferved, that Bofton alone was to be blamed for having fet this example, therefore Bofton ought to be the principal object of our attention for punishment. He propofed one clause in the bill, which, he faid, would prevent the crown from reftoring the re-establishment, till full fatisfaction was made to the Eaft-India company for the lofs of their tea. He faid, he did not propose it by way of tax, but by way of requifition for the injured, who are our own fubjects; and to let the world know that the parliament of Great Britain will protect their fubjects and their property: that the crown, by that claufe, will not even then be obliged to restore the cuftom-house, unless his majesty is throughly convinced, that the laws of this country will be better obferved in the harbour of Bofton for the future; this reftitution entirely depended on Bofton alone. He fhould be happy to have thofe who had been the promoters of thefe diiturbances in Bofton found out, and that they might be obliged to make good the damage to the India company, but as those perfons are unknown to us, Bofton will, no doubt, endeavour to find out fuch perfons, or pafs acts of their own affembly, to levy fuch money in the most equitable and just manner, We have

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only to request it for the India company. He said, that this bill was not all he meant to propose: that other parts, of more nice difquifition, will remain for the future confideration of parliament. There, perhaps, might be other methods proposed that were better than this; that he had as yet found out none that deferved a preference. Some perfons had propofed, that the fishery might be taken away; but this, he obferved, would affect the whole colony at large. Others propofed the Streights trade; that this would be liable to the fame objection. That no method of punishment ever came from him, but with great regret: therefore hoped for that unanimity in a vote of this fort, which would give strength to the measure. It had been faid, that we owe this proceeding of the Americans to our own ill conduct, in taxing and repealing; but if gentlemen would recollect, when the Stamp Act paffed, there was hardly a diffenting voice; and when it was repealed, it had the confent of a great majority of that Houfe; that the doctrine then laid down, was, that external duties was your right, internal taxes theirs; that when the repeal of the Stamp Act took place here, the clamour raised against that act in America was over, and had fubfided; that the non-importation agreements, it was true, were not remedied, because they ceafed of themselves. It was my fate (he faid) to propofe the repeal of the duties laid on in 1767, and to continue the tea duty only. The reason was, I thought the non-importation agreements would break up of themfelves, which was afterwards the case. It was proposed by fome, that the tea duty fhould be taken off; it was urged by others, that it would then become a monopoly of the Eaft-India company : he did not think, that the giving up the duty to the East-India company was of that confequence to venture the struggle of the legislative authority of this country. If they could fell tea cheaper than any other people, they will certainly have the market to themselves. His lordship obferved, that at Boston we are confidered as two independent ftates; but we were no more to difpute between legiflation and taxation, we were now to confider only whether or not we have any authority there; that it is very clear we have none, if we fuffer the property of

our fubjects to be deftroyed. He hoped that all would agree with him, both peers, members, and merchants, to proceed unanimoufly to animadvert upon fuch parts of America as deny the authority of this country. We must punish, controul, or yield to them. He did not wish to moleft without an offence given, he therefore proposed this measure to day; and obferved, if fuch conduct was followed, it would tend to cement that country to this, being as important to the one at the other; he therefore moved, "that leave be given to bring in a bill for the immediate removal of the officers concerned in the collection and management of his majesty's duties and cuftoms from the town of Bofton, in the province of Maffachufett's Bay, in North America; and to difcontinue the landing and difcharging, lading and shipping of goods, wares, and merchandize at the faid town of Bofton, or within the harbour thereof." Which was accordingly ordered.

Friday, March 18.

Lord North prefented to the House of Commons a bill " To remove the board of cuftoms from the town of Boston,” which was read a first time, and ordered to be read a fecond time on Monday next. It was moved that the bill should be printed, but a negative was put upon it.

Monday, March 21.

The bill was read a fecond time and committed to a committee of the whole House, without a divifion.

Wednesday, March 23.

The House refolved itself into a committee, Sir Charles Whitworth in the chair.

Mr. Fuller faid, he intended to make an alteration in the bill, by first substituting a fine before the blocking up the port; he fhould therefore propose, that the words" from and after," be left out, in order to infert one of his own. He faid, that Bofton was a port of the greateft confequence to this country of any exifting; that the bill before them was totally unprecedented; for that the cafe of Edinburgh, Glasgow, and others that had been mentioned, was not in the leaft fimilar; that the penalty of blocking up their ports was too fevere for the firit offence; that when the nation came to know the contents of this bill, he was very fure they would be diffatisfied with

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it; that the Bostonians, upon the firft refiftance, will tell you they will not remit the money which they owe you; that nothing but confederacies would fpring up among them; that he was ftrongly of opinion, that this bill could not be carried into execution without a military force; that if you fend over a fmall number of men, the Boston militia would immediately cut them to pieces; that if you fend over a larger number, fix or feven thousand, the Americans would debauch them; and that by these means we fhould only hurt ourfelves. I would begin by an amercement; nor would I with this bill to take place, until they had refufed the payment of it; he apprehended that about 15,000l. would make amends to the India company, and in fome measure be a relief to poor Malcolm (the CuftomHoufe officer, who had been tarred and feathered) it was always a rule in law where damages are done by unknown perfons, that the community fhould be inade to pay; he therefore wifhed that the Houfe would adopt the propofition he had made.

Mr. Herbert faid the propofition would by no means relieve us, but throw us into greater difficulties. He faid, the Bostonians would certainly refift the payment of the fine; that we then muft have recourse to this method; the meafure propofed was ftill more likely to be refifted than the bill, because the fine would be laid on all America; this would induce others to join in the oppofition, who before were not concerned in it; he faid the Americans were a ftrange set of people, and that it was in vain to expect any degree of reafoning from them; that inftead of making their claim by argument, they alway chofe to decide the matter by tarring and feathering; that the method now propofed in the bill would become more a punishment by their refufal, than by their compliance; that the Americans alone were the perfons by whofe behaviour the lenity or feverity of the measure was to be proved; he therefore fhould agree to the bill, in preference to the amendment propofed.

Lord North faid, however great his obligations were to the candour and pub lic fpirit of the honourable gentleman who made the motion, yet he differed zuck from him in the amendment pro

pofed. His lordship obferved, that tho the honourable gentleman had faid it was the firit offence, yet upon recollection he was very fure he would not be of that opinion, as the people of Belion had begun many years ago to endeavour to throw off all obedience to this country; that indeed this was the first time parliament had proceeded to punish them. He added, "I am by no means an enemy to lenient meafures, but I find that refolutions of cenfure and warning will avail nothing; we must therefore proceed to fome immediate remedy; now is our time to ftand out-to defy them with firmness, and without fear;" that they would never reform until we take a meafure of this kind. Let this bill produce a conviction to all America, that we are now in earnest, and will proceed with firmnefs and vigour; that conviction would be loft, if they fee us hesitating and doubting; that it would be enough to fhew, that Great-Britain is in earnest. The merchandize now will be landed at Marble Head, in the province of Salem, which is putting Boston about feventeen miles from the fea with refpect to foreign trade; this reftriction will be continued as long as they perfift in their present proceedings; it will operate feverely or mildly against them, according to their behaviour; if they are obftinate, the measure will be fevere; if not, mild. He believed that Böfton would not immediately fubmit to a fine, nor to the intention of the prefent bill, unless it came attended with a mark of refolution and firmness that we meant to punish them, and affert our right; it is impoffible to fuppofe, but fome of our own people may in fome degree fuffer a little, but we muft compare thofe temporary inconveniencies with the lofs of that country, and its due obedience to us; they bear no comparison, and the prefe rence must certainly be given to the latter, and attended to. The honourable gentleman tells us," that the Americans will not pay their debts due to this country, unlefs we comply with their difpofition." I believe things will remain much in the fame ftate as they did upon a like occafion; they threatened us with the fame thing if we did not repeal the Stamp Act; we repealed that act, and they did not pay their debts. If this threat is yielded to, we may as well take no remedy at all; their threats

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