a great number of alterations in the Committee, feveral amendments being made, and claufes propofed. April 28.] The order of the day for receiving the report from the Committee on the Bill for the better regulating the Government of Maffachuffet's Bay in North America being read, Mr. Dowdefwell offered to prefent a petition from William Bollan, Efq; ftiling himself an agent for the Council of the faid province. A very warm and well fupported debate now enfued, which continued till ten minutes past fix o'clock; when a motion been made, that the faid Bollan's Petition, prefented to the Houfe the 14th of March laft, might be read, it was read accordingly; and another motion been made, that the prefent Petition be brought up, the question was put, and the Houfe divided, ayes 32, noes 95. A motion was then made, that the report be received on this day four months. The combatants returned again to the fame ground; and the queftion being put, it passed in the negative without a divifion. April 29.] The Houfe went into a Committee on a Bill for the impartial administration of juftice in the province of Maflachufet's Bay, in New England. Several claufes were offered by Mr. Wallace, which were received, and feveral amendments were made to the Bill, and agreed to. May 1.] The Boston bills were read the third time, when Sir George Saville moved for leave to bring up a petition from several natives of America, complaining against the two bills relative to Maffachufets-bay; alledging, that the deftroying of the charter rights, without hearing the parties, was a dangerous fyftem of judicial tyranny. The petition was brought up, and ordered to lie on the table, after which the bill for regulating the civil government of the province of Maffachufets bay was moved to be read a third time. Mr. Dunning. There feems to me to be a fyftem of tyranny adopted throughout the whole of the three bills which have been brought into this House, one of which is paffed, and the other two are now under confideration. While the first propofition food fingle, I mean the Bollon port bill, I did not think it of fufficient magnitude to oppofe it, till It was followed by these two others. It now appears to me, that the inhabitants of Bolton are much in the fame condition as prifoners furrendering at difcretion, as it is in the power of the Minifter to allow or difallow the restoration of its port and trade. I have not, faid he, heard of, nor do I fee any overt act or treafon ftated in the preamble of this bill, fo as to authorise the severe punishments which it enacts; but we are now, I find, in poffeffion of the whole of that fatal fecret, which was intended as a corrective for all the disturbances in America; but it does not appear to be either peace or the olive branch-it was war, fevere revenge, and hatred against ourown fubjects. We are now come to that fatal dilemma, Resist and we will cut your throats, fubmit and we will tax your— fuch is the reward of obedience. There appears to me nothing of a fyftem or plan, throughout the whole, that has ever been adopted or intended, becaue the bills have been fo altered in the Committee, that there is scarce a word remaining of the original plan, if there had been any: The preamble of the bill now before us feems to have a prefumption of open refistance, of which no proof has as yet been had, or appeared at your bar, fo as to countenance fuch an affertion: If, indeed, that military guard, which was appointed by the town, had been employed in the manner as the preamble mentions, it might then have been deemed an open refiftance; but nothing of that kind happened; the whole resistance that was made, was made by a few of the mob urged on by the impetuofity of riot and difturbance. Had any thing appeared that bore the leaft fimilarity to treafon or rebellion, my honourable and learned friends, would have told us that it was treason, there were traitors, and they would have been known and punified, and, if not known, they would at least have been enquired after; but, as no enquiry has yet been set on foot, I will be bold to say there were neither treason nor traitors. We seem to be in a ftrange condition, not knowing whom we have to deal with, nor in what mannor to act. If Gentlemen look into the charter, it will be seen that the Goverher complained without caufe of the want of power; it was the igonrance of the Governor; he had power, but did not know it, and I think that the Gentlemen, who have the planning of thofe Bofton Charles the Second, and explained and amended by feveral fubfequent Acts, fpoke plainly this language; that by fome of the provifions in the faid law, a duty was laid on goods imported, or carried from one colony into another; whereas in the cafe of the Tea-duty it was optional, it was an article of luxu→ ry they might buy or not, just as they thought fit. Mr. Tho. Townfhend difapproved greatly of the mode in which the prefent Bill was drawn up, but cenfured the conduct of the Americans. Lord Carmarthen was ftrongly in favour of the bill. He commended highly the abilities of a certain Noble Lord, once a popular Commoner. He faid, he was well informed that he had changed his fentiments relative to the Ame ricans, which he fuppofed he would fhortly avow in the other House. Boston bills, have made alterations in the government of Maffachufets-bay, without the previous ceremony of knowing the old one. There must be, and certainly is, a compleat legislative power vefted in the Affembly of the province, to have given this power to the Governor, had the charter been deficient, I mean for the prefervation of peace and good order. When I talk of the Minifter, I mean to speak with all due respect to the noble Lord, though I do not confider him as the immediate actor of all this. I know not the age, the perfon, or the fex: but, that I may not be wrong, I will use the language of acts of Parliament, which I imagine will comprehend, and will fay, he, she, or they; to that perfon or perfons alone do I mean to addrefs myself. Let me afk, fays he, whether thefe mifchiefs arifing from the charter are peculiar to Maffachufet's-bay; are there not deficiencies in others? Yet, it is faid, an alteration is necessary to make the charter conformable to the royal government. How do you know, that, when you have altered it, it will not be diffimilar to many of the others, when the ignorance of the government of one province appears to me to be as great in those who are to alter it, as in the others. I find great fault, Sir, that the whole of this arrangement is to be under the direction of the Crown; and that the whole civil and military power of that country is to be totally at the difpofal of the Minifters of this. I really think the motto of this bill fhould have been Tua, Cæfar, ætas. He then went through the different claufes of the bill, objecting principally against the prifoners being brought over here, as contained Mr. Attorney General arraigned, in in the laft bill; and that difficulties the bittereft terms, the rebellious difpowould arife which would convince Gen- fition, and feditious conduct, of the tlemen, who had a concern in the mana-Americans, as well as the pufillanimous gement of these affairs, that what they measures which formerly prevailed in had done had tendered to difunite the our Councils. affections of the American fubjects from this country; and, inftead of promo. ting peace, order, and obedience, would produce nothing but clamour, difcontent, and rebellion. Sir William Meredith replied to Mr. Dunning. The ftrefs of his argument went to prove, that our power to tax and regulate the Commerce of the Americans was nothing new; that the Navigation Act, paffed in the reign of Mr. Rigby was very fevere on the great Minifter alluded to by Lord Carmarthen. He faid, he had made the British Empire too big and unwieldy for either him or any other Minister to govern or properly direct; that he hoped for the fake of confiftency, he had not given up his former principles and opinions, as afferted by the Noble Lord. General Conway replied with equal spirit and ability to Mr. Rigby, condemned the Stamp Tax, and defended the repeal with all poffible energy, and without the least reserve. Lord George Germaine spoke in favour of the bill, but highly disapproved of the Boston Port Bill. Mr. C. Fox condemned the Bill throughout, and predicted the worst confequences from the prefent measure. Colonel Barre then faid, The questi on now before us is, whether we will chufe to bring over the affections of all our colonies by lenient measures, or to wage war with them? When the Stampact was repealed, it produced quiet and eafe; was it then in the contemplation of any fober, honeft mind, that any other tax would be laid on for at least a century? He blamed the late Mr. C. Townfhend, with all his eloquence, for D dd 2 loadin The loading America with a tax; nor was of which you know not its prefent form he, faid he, fufficiently cautious in chu- of government? For he said, he had fing proper Commiffioners for executing obferved that the late Governor of Bofthis truft; it was this which difgufted ton (Pownal) had been, during the difthe inhabitants of Bofton, and there ferent ftages in which the bill had been has been nothing but riots ever fince. It debated, going from fide to fide of the is the duty of the governing Sate to cor- House, to give information about the rect errors and wrong opinions. [Here government and its laws, many of which he read several extracts from Mr. Dick- he remembered, fome few the Governor infon's (of Philadelphia) book, and from had forgot. In France, Sir, it is a cufMr. Otis's book, intitled, The Right tom, faid he, to judge upon one fixth, of the British colonies.] You fent over feventh, or eight, of a proof-the unyour troops, faid he, in 1768, and in 1770 fortunate Calas, of Tholouse, was conyou were obliged to recall them. The demned on eight hearfays, which in people were tired at by a lawless fol- France amounted to a proof; but furely, diery, and feven or eight innocent pera British House of commons will not confons were killed. They were carried demn on fuch evidence; and I hope not about the town as victims of your re- to fee Tholoufe arguments admitted as venge, to incite the compaffion of the proof here. I do not know of any prefriends and relations of the deceafed; cedent for this bill-it is impoffible to and next morning you were forced to put it in execution-and I will tell the order the troops out of town. He con- House a story that happened to us, when demned much the behaviour of Gover- we marched at Ticonderago: nor Hutchinfon, as an accomplice in inhabitants of that town looked upon thefe prefent difturbances; and com- the Officers of the corps as men of fupemended much the behaviour of Go- rior beings to themselves, and the vernor Tryon, who, knowing that he youngest among them, I will anfwer could only land the tea at the muzzle for it, were highly treated, and indulgof his guns, prudently fent it back to ed by the fair fex to the utmost of their England. All other colonies, he faid, withes; even their wives and daughters had behaved with nearly the fame de- were at our fervice;' and if the fame gree of resistance, and yet you point all degree of civility prevails, think you your revenge at Boston alone; but I that it is poffible that the execution of think you will very foon have the reft this bill can even be observed by your of the colonies on your back. You army? I was of the profeffion myfelf, have blocked up the port of Bofton; I and I will beg leave to tell the House; supported you in that, and I think I that I am no deferter from it. I was have no great guilt on that head, as I forced out of it, by means which a man thought it was adopted as a measure to of fpirit could not fubmit to. I take this produce a compromife, for the damage opportunity to fay again, that I am no the India Company had fuftained. You deferter from my profeffion. propofe by this bill to make the Council of Boston nearly fimilar to thofe of the other royal governments: Have not the others behaved in as bad a manner as Bolton? And it is my opinion, that the office of Council, being chofen by the Crown, will become fo odious, that you will not get a refpectable man that dares to accept of it, unless you have the military Officers for the Council, who, I think in my confcience, will behave well. Let me afk again, what fecurity the rest of the colonies will have, that, upon the leaft pretence of difobedience, you will not take away the Affembly from the next of them that is refractory? Why, fays he, will you pretend to alter the charter of that Conftitution, I think this Bill is, in every fhape, to be condemned, for that law which shocks Equity is Reason's murderer, and all the protection that you mean to give to the military, whilft in execution of their duty, will ferve but to make them odious; and what is fo to others will foon become fo to themselves. I would rather fee General Gage invefted with a power of pardon, than to have men brought over here to be tryed; and the state of the cafe upon the tryal, I mean in America, would, I am fure, juftify fuch pardon. You are, by this Bill, at war with your colonies; you may march your troops from North to South, and meet no enemy; but the people there will foon turn out, like the fullen Hollan ders. ders, a set of sturdy rebels; a perpetual exertion of your authority will foon ruin you; therefore let me advise you to defift. Let us but look a little into our behaviout. When we are infulted by France and Spain, we negociate-when we difpute with our colonies. we prepare our fhips and our troops to attack them. It has been the language of a noble Lord, that when America is at our feet, we will forgive them, and tax them; but let me recommend lenient meafures, and to go cap in hand to your fubjects; if you do not, you will ruin them. The great Minister of this country (Lord Chatham) always went cap in hand to all; his meafures was lenient and palliative, but we have now adopted another system. In the one Houfe of Parliament we have paffed the Rubicon; in the other delenda eft Carthago. [He gave a history here of the different ftate of finance in which France was; that it was fuperior in every degree to this country, that their eftablifhments were lower in point of expence; and that France was more ready and fit to go to war than we were; and that, during these troubles with our colonies, France would not lie quiet;]-but I fee nothing, faid he, in the prefent measures but inhumanity, injuftice, and wickedness; and I fear that the hand of Heaven will fall down on this country with the fame degree of revenge. Mr. E. Burke. It has been afferted, that the nation is not alarmed, that no petitions of difcontent are received. How can perfons complain, when fufficient time is not given them to know what you are about? We have now feen the whole of this great work; I wish all was good that it contained. I am afraid a long feries of labours and troubles will fucceed. The queftion that is before you is a great one; it is no lefs than the profcription of provinces, and cities, and nations, upon their trial; except that, when the Saints of God are to judge the world, I do not know one of greater importance. I will endeavour to comply with the temper of the House, and be thort in what I have to offer. He dwelt fome confiderable time on the words which the letter contained, as a fort of declaration to the Americans, that they should not be taxed. If you govern America at all, Sir, it must be by an army; but this Bill before us carries with it the force of that army; and I am of opinion they never will confent without force being ufed. I have to protest against this Bill, because you refufe to hear the parties aggrieved. Confider what you are doing, when you are taking the trial over the Atlantic feas, 3000 miles to Great Britain; witneffes may be fubpoened, and called upon by the prifoner, as many as he pleases. Let me, for God's fake, with that Gentlemen would think a little more, that a fair trial may be had in America: and that, while the King appoints the Judge, there is a degree of fairness that the people should be the Jury. Repeal, Sir, the act which gave rife to this difturbance; this will be the remedy to bring peace and quietness, and restore authority; but a great black book, and a great many red coats, will never be able to govern it. It is true, the Americans cannot refift the force of this country; but it will caufe wranglings, fcuffling, and difcontent. Such remedies as the foregoing will make fuch difturbances as are not to be quieted. L. North arofe to anfwer Mr. Burke. He defired leave to look at L. Hillsborough's letter, as he had not a copy of it; and explained the paffages in that letter very different from what Mr. Burke had: he read the words,, that neither the King, nor any of his Ministers, wished to tax America." His Lordship obferved, that this was not an exrpeffion that carried with it a denial of the right, but only a with that no futher taxes fhould be laid on. A man, fays he, is not factious, that fays America may be taxed; the letter contains an opinion, that no further taxes, at that time, ought to be laid. I am forry to hear a charge thrown out, that thefe proceedings are to deprive perfons of their natural right. Let me afk, of what natural fight, whether that of smuggling, or of throwing tea over-board? Or of another natural right, which is not paying their debts? But furely this Bill does not destroy any of their civil rights. You have given them a civil Magiftrate and a Council, which they had not before; you have given the innocent man a fair trial in fome colony or other; and if he cannot get a fair trial in that country, the whole being in a distempered state of difturbance and oppofition to the laws of the mother-country, then in that cafe, and in that only, he must be sent to Great Britain. All that these acts profess to do is to restore fome order to the province. None that admit the least degree of fovereignty can poffibly deny the provifion of this Bill; it is not a military government that is established, but the alteration of a civil one. I am fure that this is adopted as the best method at prefent; I do not fay it will fucceed, but I hope for the good confequences of it; and, if the Maffachufets-bay is to be governed by management, this is the only remedy. By what means is authority to be maintain ed, but by establishing that authority from Parliament? I do not know, Sir, what is the proper time to lay on a fresh tax on America; but this I know, that this is not the proper time to repeal one. We are now to establish our authority, or give it up entirely; when they are quiet, and return to their duty, we shall be kind, whether by repealing this tax, or what not, I cannot tell; but this I will answer, that, when they are quiet, and have a refpect for their mother-country, their mother will be good-natured to them.. The queftion being put, that the Bill do pass, the Houfe divided; ayes, 239; noes, 64. May 4.] The order of the day for receiving the report on the Bill" for the impartial Adminftration of justice in the cafes of perfons queftioned for Acts done by them in the execution of the law, or for the fuppreffion of riots and tumults it the Province of Massachuset's Bay in New England," being read, Sir Charles Whitworth reported the Bill with amendments, feveral of which were difagreed to by the Houfe, and the reft, with several other amendments made and clauses added, agreed to; and the bill ordered to be read a third time. The above-mentioned alterations and amendments caufed a debate, in which Mr. Dunning particularly diftinguifhed himself, and convinced the Houfe of the total abfurdity, injuftice, and futility of the Bill, as it came out of the Committee. The other principal fpeakers on that fide were Governor Johnstone, Mr. Rofe Fuller, Mr. E. and Mr. W. Burke, Mr. T. Townshend, Captain Phipps, Sir Richard Sutton, Mr. C. Fox, and Sir George Saville. On the other, Sir William Meredith, Mr. Solicitor General, Mr. Jenkinson, Mr. Cowper, Mr. Stan ley, Mr. Morton, Mr. Wallace, and Mr. Skinner. May 19.] The Bill for the impartial Adminiftration of juftice in the Province of Maffachufets-bay was read the third time, when Mr. Dempfter said, I do not apprehend, Sir, that the Bill before you is at all adequate to the purpose intended; nor do I think that experiance warrants the affertion, that a fair trial cannot be had in the colonies: Surely, Sir, the bringing men over to England to be tried is not only a direct breach of their Conftitution, but is a deprivation of the right of every British subject in America. Ifhould have thought that a power of reprieve, lodged in the Governor after conviction, would have been fully fufficient, without bringing men to England. Whenever murder is committed, it must inevitable go off with impunity; for, whenever any perfon present shall find he is to go over the Atlantic as an evidence, to the detriment of his family and his fortune, there is no doubt but that he will evade the neceffity of his appearance as an evidence. This, Sir, will be a means of fubjecting the people of that country to affaffination, in the room of legal trial; and the invariable confequence has always been, that, when a fair trial cannot be procured, the revenge of the relations of the deceafed will exercise itself in this kind of cruel affaffination. He concluded in praife of the character of Dr. Franklin, whom he called the Ornament of Human Nature; and faid, he thought him highly praife worthy, for those very acts for which he had been so much blamed. Col. Barre. Sir, I think it criminal to fit ftill upon the final decifion of this queftion, as I cannot in any fhape approve of this measure. I think the perfons whom you employ to execute your laws might have been protected in the execution of their duty, in a less exceptionable manner than that Bill propofes. Your army, Sir, in that country, has the cafting voice; and it is dangerous, Sir, to put any power into their hands. Confider, Sir, how long they will be content with 4 d. per day; I am afraid not long. You have had one meeting already; you may foon have another; the people of America will receive these regulations as edicts from an arbitrary government. The heaviest offence |