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offence they have been guilty of is, that they have refifted that law which bears fuch an arbitrary caft. I want to know, if we in this country had not refifted fuch arbitrary laws in certain ancient times, whether we should have exifted, as a House of Commons here this day? I object much against the doctrine which I have heard laid down, that the particular exigency of the cafe countenanced the measure. I do not apprehend the Americans will abandon their principles; for, if they fubmit, they are Haves: I therefore execrate the prefent measure in the manner propofed.

Mr. Fuller. Sir, I will now take my leave of the whole plan, and I will give you my free opinion of it: You will commence your ruin from this day, if you don't repeal that tax which created all this difturbance; you will have no degree of confidence with the Ame ricans; people won't trust you, when your credit is gone; you may, I say, date your ruin from this day; and I am forry to fay, that not only this House has fallen into that error, but that the people of this country approve of the measure. I find the people with for the measures propofed in this Bill, as much as the majority here; it is not all owing to the junto of a Miniftry that these measures are taken; it is the people at large, whom I am forry to fay are mifled; they are in an error, but a fhort time will prove the evil tendency of this Bill. I think this Bill before us bears the least injury of any of the three; but, if there ever was a nation running headlong to ruin, it is this.

Mr. H. Cavendish. Sir, I am very glad to hear that there is a majority in this House for these measures, but am much better pleafed to find that the country in general approve of them in as high a degree.

The Houfe divided on the question, that the Bill do país; ayes 127, noes 24.

An Abftract of the Act for the better regulating the Government of the Province of Maffachufet's-bay.

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province, fhall be revoked and made void, and that from that day the Council for the province fhall be compofed of fuch of the inhabitants, or proprietors of lands, within the fame, as thall be appointed by his Majefty, with the advice of the Privy-council, agreeable to the practice now ufed in refpect to the appointment of Counsellors in fuch of his Majefties other colonies in America, the Governors whereof are appointed by Commiffion under the Great Seal of Great Britain: Provided, that the number of Counsellors fhall not, at any one time, exceed thirty-fix, nor be less than twelve.

That the Affiftants or Counsellors fhall hold their offices, during the pleafure of his Majefty, and enjoy all the privileges at prefent held by Counsellors of the province, under the charter; and fhall, upon their admiffion into the Coun→ cil, take the oaths, &c.

That after the first day of July, 1774, his Majefty's Governor, or in his abfence, the Lieutenant-Governor, may nominate or remove, without the confent of the Council, all Judges of the inferior Courts of Common Pleas, Juftices of the Peace and other Officers to the Council or Courts of Juftice belonging.

That, from and after the first day of July, 1774, his Majefty's Governor, or, in his abfence, the Lieutenant-Governor, may nominate and appoint the Sheriffs without the confent of the Council, and remove fuch Sheriffs with fuch confent, and not otherwise.

That, upon every vacancy of the Offices of Chief Juftice, and Judges of the Superior Court, the Governor, or Lieutenant-Governor, without the consent of the Council, fhall have full power to nominate the perfons to fucceed to the offices, who fhall hold their commiffions during the pleasure of his Majefty.

That from the first day of August, 1774, no meeting fhall be called by the Select Men, or at the request of any number of freeholders of any township, without the leave of the Governor, or, in his abfence, of the Lieutenant-Governor, in writing expreffing the special bufinefs of the meeting, firit had and obtained, except the annual meeting in the months of March or May, for the choice of Select Men, Conftables, and other Officers, or except for the choice

of

of perfons to fill up the offices on the death or removal of any of the perfons first elected to fuch offices, &c.

That, from thenceforth, the Jurors to ferve at the fuperior Courts of judicature, general gaol-delivery, &c. thall be fummoned and returned by the Sherifis of the refpective counties within the faid province.

That the Conflables fhall, 'at the general feffions of the peace, deliver to the Juftices of the Peace a true lift of the names and places of abode of all perfons within their respective towns for which they ferve, qualified to ferve upon Juries; which Juftices, or any two of them, at the feffions, fhall caufe to be delivered a duplicate of the lifts, by the Clerk of the Peace of every coun-ty, to the Sheriffs, or their Deputies, within ten days after such feffions; and cause each of the lifts to be fairly entered into a book by the Clerk of the Peace; and no Sheriff fhall impannel or return any perfon or perfons to ferve upOn any Grand Jury, or Petit Jury, in any of the Courts, that fhall not be named or mentioned in fuch lifts: And, to prevent a failure of juftice, through the neglect of Conftables to make fuch returns of perfons qualified to serve on Juries, the Clerks of the Peace of the counties are hereby commanded, twenty days at least next before the month of September, yearly, to iffue forth precepts to the Conftables of the feveral towns, requiring them to make fuch returns of persons qualified to serve upon Juries as hereby directed; and every Conftable, failing at any time to make fuch return to the Juftices in open Court, fhall forfeit the penalty of five pounds Sterling.

That no person who fhall ferve as a Juror fhall be liable to ferve again as a Juror for the fpace of three years, except upon special Juries.

That if, by reafon of challenges, or otherwife, there fhall not be a fuiticient number of Jurors; then the Jury fall be filled up de talibus circumftantibus, to be returned by the Sheriff, unless he be a party, or interested or related to any party or person interested in such profecution or action.

That in cafe any perfon, fummoned to ferve upon the Grand or Petit Jury, fhall not ferve according to his fummons, be bhall be fined in any fum not exceed

ing ten pounds, nor less than twenty fhilling Sterling.

The names of the Jurors are to be drawn out of a box or glafs, and, if any of them are challenged by the parties, other names to fupply their places are to be drawn out under the direction of the Sheriff. All perfons applying for fpecial Juries are to defray the expences occafioned by the trial, and, if any action be brought against the Sheriff for any thing he fhall do by virtue of this act, he may plead the geneal iffue, and, if a verdict be found for him, recover treble damages.

An Abftract of the Act for the impartial Adminiftration of Juftice in the Cases of Perfons queftioned for any Acts done by them in the Execution of the Law, or for the Suppreffion of Riots, in the Province of the Massachuset's-bay.

HIS A&t declares, That if any

found, or if any appeal fhall be prefered against any perfon, for murder, or other capital offence, in the Province of Maffachufets-bay, and it fhall appear, by information given upon oath to the Governor, or to the Lieutenant-Governor, that the fact was committed by the perfon against whom such indictment fhall be found, either in execution of his duty as a Magiftrate, for the fuppreffion of riots, or in the support of the laws of revenue, or in acting in his duty as an officer of Revenue, or in acting under the direction and order of any Magiftrate, for the fuppreffion of riots, or for the carrying into effect the laws of revenue, &c. and if it fhall alfo appear, to the fatisfaction of the faid Governor, or Lieutenant-Governor, that an indifferent trial cannot be had within the Province, it fhall be lawful for the Governor, or Lieutenant-Governor, to direct, with the advice of the Council, that indi&ment shall be tried in fome other of the colonies, or in Great Britain; and, for that purpofe, to order the perfon against whom fuch indictment thall found to be fent under fufficient custody, to the place appointed for his trial, or to admit such person to bail, taking recognizance, from fuch perfon, with fufficient fureties, in fuch fums of money as the Governor, or Lieutenant Governor, shall deem reafonable, for the per

a

fonal

fonal appearance of fuch perfon at the place appointed for trial.

And, to prevent a failure of juftice, from the want of evidence on the trial of any fuch indictment, &c. the Governor is authorized to bind in recognizances to his Majefty all fuch witneffes as the profecutor, or perfon against whom fuch judgment fhall be found, fhall defire to attend the trial of the indictment, for their perfonal appearance, at the time and place of fuch trial, to give evidence: And the Governor fhall appoint a reasonable sum to be allowed for the expences of every such witness.

The witneffes are be free from all arrefts, during their journey to any trial, and till they return home.

All perfons brought before Juftices, &c. accused of any capital crime, in the execution of their duty, may be admitted to bail, and may poitpone their trials, in order to the matter being heard in another colony.

affirmative. Mr. Mazzieres was examined: He gave great preference to the English laws; fhewed the abfurdity of the French, and the defire of the inhabitants of Canada to have trials by juries; their only objection to English laws being the great expence and delay. He was extremely clear and positive in all his anfwers. His teftimony took two hours and three quarters. It being then near eleven o'clock, a motion of adjournment was made and agreed to.

Friday, June 3.] The adjourned examination of General Carleton was refumed in a Committee on the Quebec bill. After he had finished, Mr. Hay, Chief Juftice of Quebec, was called to the bar. He underwent a very long examination; faid the Canadians in ge neral liked the English laws much; fcarce any but the Nobleffe were against them; their reafon for not liking the mode of juries was, because the inferior clafs of people were entrusted to decide When the Governor directs the trial upon their property. He faid, that Juto be in any other colony, he is to tranf-ries were much approved of there, and mit the indictment, &c. to the Governor of fuch other colony, who is to cause it to be delivered to the Chief Justice, who fhall immediately proceed upon trial; and, if the Governor directs the trial to be in Great Britain, he is to tranfmit the indictment to one of the Secretaries of State, who is to direct it to be filed in the Court of King's-Bench; and, if any such indictment be accounted bad, from any error, or defect, the fame fhall be quafhed, and a new indictment preferred. This A&t to take effect on the first day of June, 1774, and to continue in force during the term of three years. Parliamentary Proceedings on the Quebec

Bill.

Thursday, June 2.

HE Houfe went into a Committee on the Quebec bill, when General Carleton, Governor of the Province, underwent an examination which lafted three hours and a half. On account of the fatigue, the General was indulged to go from the bar and refresh himself, on which Mr. Sollicitor-General moved, that Mr. Mazzieres, late Attorney-General, be called in. This produced a debate which continued a confiderable time, on the idea that the Governor had not finished his evidence, however the queftion was put, and carried in the July, 1774.

would be univerfally liked, were the Jurors to be paid for the lofs of time occafioned by their attendance.

After he withdrew, Mr. Lubinere was called in. He faid, that the Canadians would like the English laws much, under proper regulation, if they were explained properly to them.

Dr. Marriot, the King's AdvocateGeneral, was then called in. His examination occafioned repeated burits of laughter from his evafive and humourous manner. His evidence was in fubftance as follows:

Mr. Mackworth. Mr. Chairman, I defire to know of the Gentleman at the

bar, what would be the best establishment of laws for the province of Que. bec, in his opinion?

A. It is difficult to fay upon any fubj&t, in this world, what is beft for any man, or fet of men, in fpeculation: That which fucceeds beft in public and private life is beft; and therefore I cannot tell what will be best for the Ca nadians.

Q. Does he think that the Canadians would chufe the fyftem of English law. or the French law?

A. I do not know a single Canadian, I never was in Canada.

Q. Does the Gentleman think that the commerce of this country, and t province

Eee

province, would be hurt by a revival of the French laws in cafes of property? A. I cannot tell.

Q. Does he know any thing of the State of Canada ?

A. What I know is from fuch papers as have been laid before me, by order of the King in Council, and by information from other persons.

Capt. Phipps.-Q. I defire to ask if he understands the French law?

A. I find it very difficult to underftand any law.

Q. Does he know the power of the French King, under the conftitution of the French laws?

A. I do not well understand the conftitution of France. I never was in France. It is a very hard thing for a foreigner to obtain an adequate idea of the conftitution of another country. The conftitution of one's own requires a great deal of clofe application and study: I wish I understood it better; and that many other people would ftudy it more, and understand it better than I fear they do.

Q. Does he understand the conftitution of Ireland?

A. No: I never was in Ireland. Mr. Dempster.-Q. Does he think it expedient to give the province of Quebec any part of the French constitution? A. The question is upon the word Expedjent.

Q. I mean will it be wife and prudent?

A. By the words Expedient, Wife, and Prudent, I understand the question to mean, whether it will be politically wife and prudent. Expediency is minifterial language. It is a word of State. State expediency.-It means that high policy, that great arcanum, the fublime of government, extended almoft beyond the reach of human wisdom, Few men can pry into this fort of knowledge. Fewer men can comprehend it. I am fure I do not.

Q. The Gentleman, by the nature of his office, and greatly informed as he is from his connections with government, and his own reading, must know much concerning the actual ftate of the province of Quebec: I defire he will anfwer what fort of government he would give to it?

A. The giving laws to mankind is the perfection of all knowledge, hu

man and divine. It is not the work of days, of months, of years, but of ages. For me to answer that Gentleman's queftion, what fort of government I would give to the province, I must be the vaineft of men.

Mr. Dempfter.-Q. Have you given no opinion upon the subject of Canada ? A. I have.

Q. In what capacity, and to whom ? A. As his Majefty's Advocate General, to his Majefty in Council, I drew up a plan of a code of laws.

Q. Will the Gentleman be pleased to give the House fome account of the plan?

A. I had the hnour of his Majefty's commands in Council, together with my brethren in office, the Attorney and Sollicitor General, to confider a great number of papers referred, and to call for fuch perfons as could give me information upon the fubject; and to prepare a plan of civil and criminal law for that province: It was referred feparately to each of us three, as being the Law-officers of the Crown. I drew up my plan accordingly.

Q. What was the plan?

A. I drew up my plan in the follow ing method: After ftating the principles of legiflation, and representing what appeared to me to have been the late condition, and now to be, and likely to be hereafter, the state of the colony, I formed my plan under four heads: the Courts of Judicature; the Common Law of the Province; the Revenue; the Religion.

Q. To whom did he deliver that plan?

A. To his Majefty in Council.

Q. As doubtless it was very extenfive in point of knowledge and information, the Houfe would be glad to know the

contents?

A. I ftand here as his Majefty's fervant: my colleagues next to me in office, who have given their opinions as well as myfelf to his Majefty, are within the bar. When an Advocate or Counsellor gives his opinion, it is the property of his client. His Majefty is in poleffion of my opinion. If this Houfe does me the high honour of being defirous to know my fentiments, fuch as they are (and they are very free ones) the House will then addrefs his Majefty to lay my opinion before the Houfe. If the Houfe will not

agree

agree to that addrefs, my fentiments muft remain depofited with his Majefty, in his great wifdom, where they now moft happily rest.

Q. Can the Gentleman recollect any parts of the opinion which he gave?

A. I answered before, that doubtlefs, if this House will addrefs his Majefty, they will have the whole of it before you: I have no objection, I am fure, for my part; but my memory will not ferve me to repeat fo extenfive a work. Mr. W. Burke. Will the Gentleman tell us how long he was compofing his plan? (It must require great labour and study) and how many pages it contain

ed?

A. About 300 pages clofely written. Q. What was the time it took up to compose it?

A. I cannot exactly tell.
Q. Was it feveral months?

A. Ten or twelve months, at different intervals, to compofe it. But, if I am to speak to all the time that I was thinking upon the subject, the time was near two years. I took it up, laid it in my desk; took it up, and laid it in my desk again, that it might ripen in my mind. I faw my difficulties of coming to a decifion encreased. I dreaded being hafty or pofitive, and I thought no trouble too much on fuch a public fubject, which appeared too much for the life of any man, and moft certain ly for any one man's understanding.

QI defire to know, Mr. Chairman, what was the name of the thing which he took up and laid down fo often, and which he delivered in at last to his Majefty?

Á. I think, Mr. Chairman, I remem→ ber the face of that Gentldmen who afks me the queftion, what is that thing which I took up and laid down fo often, and delivered in to his Majefty -I answer, when that Gentleman was himfelf in office, he very well knew what fort of things are the opinions of Crown Lawyers.

Mr. W. Burke. Mr. Chairman, the witness at the bar has behaved without any respect to the Houfe. It was enough for the Houfe to be infulted elfewhere. We are in an abject state. I fay fo, and others think fo. We are very ill ufed. The Upper Houfe has ufed us ill. I defire the Gentleman may withdraw, and to know the fenfe of the

Houfe, whether I put an improper queftion, or the Gentleman made an improper anfwer?

Dr. Marriott was ordered to withdraw, And, after a long altercation, called in again, when he proceeded in his anfwers, equally keen and equivocal as before: When, after fome time, Col. Barre said, I would not desire to distrefs the Gentleman at the Bar. He is certainly under perfonal difficulties in his fituation of office, and not being a Member. We were all going to be very dull, and he has enlivened us. He has been afked questions, and has parried them all: Not one decifive anfwer. I will now beg leave to try him. I undertake, Sir, to afk him one very eafy queftion, which I think he may and will answer. What does he think is the King of Pruffia's religion?

A. I have read fome of his works, if the writings I mean are really his; although fome people have doubted. The title, Oeuvres du/Philofophe de Sans Souci.' His religion may be judged

from them.

Q. I defire to know, Sir, what he judges the King of Pruffia's religion to to be?

A. From them? I believe his Majefty has no (formal) religion.

Q. If the province of Canada were to be ceded to his Pruffian Majefty, what religion would be introduced into

it ?..

A. A foldier's religion.

QWhat is a foldier's religion? A. If I were a foldier, Sir, I would anfwer the words my honour.'

Q. What is lawyer's religion?

A. His honour too; not to give up his client. But I fuppofe the Gentleman knows there are two orders of men in this country, the Civilians and the Common Lawyers. I am no Common Lawyer. The religion of which? Q. Of both.

A. The Common Lawyers must anfwer for themselves. I can readily anfwer for the Civilians: They are Ecclefiaftical Lawyers, and fubfcribe; they are of the religion of this country by Law established.

The Advocate-General was ordered to withdraw.

Saturday, June 4.] The Houfe went into a Committe on the Quebec bill. The firft claufe, which fettles the bounda Eee 2

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