our merchandize. That it was no new thing for a whole town to be fined, although thereby fome few innocent individuals might suffer, when the authority of fuch a town had been, as it were, afleep and inactive. He inftanced the city of London in king Charles II. time, when Dr. Lamb was killed by unknown perfons, the city was fined for it*; and the case of Edinburgh, in Captain Porteous's affair, when a fine was fet upon the whole city; and also at

*The fine impofed was 6000l. His lordship herein committed an anachronifm, it happened in the reign of Charles I. in the year 1728. Lamb, a creature of the Duke of Buckingham, at the time when the house of Commons were framing a remonstrance to the throne against that favourite, and which occafioned the hafty prorogation of parliament, was fet upon in the streets of London by the rabble, and fo roughly beat, that he died of his bruifes the next morning. In confequence of which, the Lord-mayor and Aldermen were fent for to appear at the council table, and were there examined; and at first threatened that they should lofe their charter, if they did not discover and deliver up, the principal agents in the uproar: however, the offence was afterwards expiated by a fine. Kennet, Echard, Hume, take no notice of this tranfaction.

Buckingham about two months after was ftabbed at Portsmouth. The propriety of adducing this inftance of amercement, to justify a measure still more violent, although carried into execution, in an age when the rights of individuals, as well as of public bodies, were fully afcertained, may be strongly objected to. It is authentically transmitted to us, that Sir Francis Seymour, a member of the house of Commons, not many days before this riot, had faid in that affembly, when the fupplies were debated upon, "How can we speak of giving, till we know whether we have any thing to give; for if his majesty may be perfuaded to take what he will, what need we give ?" He then enumerated the arbitrary acts which had been exercised against the subject, and faid, "To countenance these proceedings, hath it not been preached, in the pulpit, or rather prated, that all we have is the King's by divine right ?" And Sir Robert Philips on the fame occafion, faid, "The grievances by which we are oppreffed, I draw under two heads; acts of power against law, and the judgment of lawyers against our liberty." Rufb-worth's Hift. Collections, Vol. I. Franklyn's Annals.

Glafgow, where the house of Mr. Campbell was pulled down, part of the revenue of the town was fequestered to make good the damage. Bofton, he obferved, was much more criminal than either of the three cities he had mentioned, for that town had been upwards of feven years in riot and confufion; all the disturbances in America, he said, had originated there.

The lord-mayor of London prefented a petition of feveral natives and inhabitants of North America, then in London, which stated it to be an inviolable rule of natural juftice that no man fhould be condemned unheard; and that according to law, no perfon or perfons can be judged without being called upon to anfwer, and being permitted to hear the evidence againft them, and to make their de fence. If judgment be immediately to follow an accufation against the people of America, fupported by perfons notoriously at enmity with them, the accused unacquainted with the charge, and from the nature of their situation utterly incapable of anfwering and defending themselves, every fence againft falfe accufation will be pulled down. They asked, by what rule of justice can the town be punifhed for a civil injury, committed by perfons not known to belong to it? The petitioners conceive that there is not an inftance, even in the most arbitrary times, in which a city was punished by parliamentary authority without being heard, for a civil offence, not committed within their jurifdiction, and without redrefs having been fought at common law. The inftance brought of the city of London, was for a murder committed within its walls, by its citizens, in open day but in this case, arbitrary as the times were, the trial was public; in a court of common law, the party heard, and the law laid down by the Judges. In the case Mr. Bull,

of Edinburgh indeed, parliament did interpofe; but this was to punish the commiffion of an atrocious murder, within her gates; and aggravated by an overt act of high treason, in executing, against the exprefs will of the crown, the king's laws. Both these cities had by charter, the whole. executive power within themselves; and in both cafes, full time was allowed them to discharge their duty, and they were heard in their defence. But neither has time been allowed in this cafe, nor is the accufed heard, nor is Boston a walled town, nor was the fact committed within it; nor is the executive power in its hands, as it is in thofe of London and Edinburgh. On the contrary, the governor himself holds that power, and has been advised by his majesty's council to carry it into execution. If it has been neglected, he alone is answerable: and perhaps, the due courfe of law is operating there to the discovery and profecution of the real offenders. The petition ftrongly infifted on the exceffive rigour and injustice of the act, its tendency to alienate the affections of America from this country, and that her attachments cannot long furvive the justice of Great-Britain.

The reply to the pleas urged in this petition was, that the cafe called for immediate redrefs; it was unbecoming the dignity of parliament, to fuffer chicane and fubterfuge to evade the execution of substantial juftice. It was asked, if the houfe doubted either the reality or degree of the offence, or of their own competency to enquire into and punish it? Lord North would not undertake to say what would be the confequence or event of this measure, but he was ftrongly of opinion it would be falutary and effectual.

Little oppofition was fhewn to the bill at its introduction, but on its third reading, ftrong efforts were made to change the fentiment of the house.

Governor Johnstone predicted to the house, that the effect of this bill must be a general confederacy to resist the power of this country. He called it, irritating, tempting, nay inviting men to thofe deeds by ineffectual expedients; the aberrations of an undecifive mind, incapable of comprehending the chain of confequences which must refult from fuch a law, The queftion of taxing America, he faid, was sufficiently nice to palliate refiftance, if the fubject had never been difputed in this country: but after the highest characters of the state had declared against the right of this country to impofe taxes on America, for the purpofe of revenue; after the general voice of the fenate had concurred in repealing the ftamp-act upon that principle, there is so much mitigation to be pleaded in favour of the Americans from this circumftance, allowing them in an error at present, that it will be the height of cruelty to enforce contrary maxims with any degree of severity, at firft, before due warning is given. It is in vain to say that Boston is more culpable than the other Colonies. Sending the fhips away, and obliging them to return to England, is a more folemn and deliberate act of resistance than the outrage committed by perfons in difguife,. in the night, when the fhips refufed to depart. In extending this kind of punishment to the other Colonies, every one muft fee the danger; and yet, if it can be approved for one, the fame arguments will apply to others. If a fimilar punishment were applied to the Colony of Virginia, the revenue would be reduced 300,000l. a year, befides the lofs of all foreign contracts, and perhaps, of that beneficial trade for ever. Thofe gentlemen, he continued, who are in the fecrets of the cabinet, and know how affuredly every propofition from thence is adopted by this houfe, may be warranted in their fanguine acclamations in favour of this measure; but the general mafs, who must

be

be equally ignorant with myself of what is to follow, can have no excufe for giving their affent fo readily for punishing their fellow fubjects in fo unprecedented a manner; and their eager zeal ferves only to fhew, how ready they are to obey the will of another without exercifing their own judgment in the cafe. My opinion is, that if coercive measures are to be adopted, an effectual force should be immediately carried into the heart of the colony refifting, to crush rebellion in the bud, before a general confederacy can be formed. For my own part, I am convinced from experience in the Colonies, that good government may be maintained there, upon rational grounds, as well as in this country.

That the power of reftoring the port of Bofton to its former rights should be absolutely vefted in the crown, was objected to. Is it neceffary, it was afked, either for punishment of the Bostonians, or for fatisfaction to the Eaft-India Company? Such a regulation could only be made for the purpose of establishing a precedent, of delivering over whole towns and communities to an arbitrary difcretion in the crown. Until now, no precedent could be produced, of a maritime city being deprived of its port, and then left to the mercy of the crown, to refstore the port or not, at pleasure,

No divifion took place, and the bill was immediately carried to the Lords *.

In the debate on this bill, Mr. Charles Fox appeared, for the first time, among the minority. In the course of this feffion he had frequently fhewn himself adverse to the