ficiencies in charters which had been granted by the

crown.

On the other fide, General Conway pleaded, that the Americans had done no more than every subject would do ́in an arbitrary state, where laws are impofed against their will. He thought taxation and legislation in that cafe inconfiftent; and asked, have you not a legislative right over Ireland? Yet no one will fay we have a right to tax Ireland. He predicted, that these acts refpecting America, would involve this country and its minister in misfortunes, and he wished it might not be added, in ruin.

Mr. Pownall, who had been some years governor of Maffachufett's-bay, spoke ably on the form of government in that province, and concluded with characterizing the Americans as a confcientious, religious, peaceable fett of people; and added, that a more refpectable fett of men did not exist in all his majesty's dominions.

Sir Edward Aftley hoped, that if we had had a twelve years lenity and inactivity, we should not now proceed to have a twelve years cruelty and oppreffion. He deemed the measure to be a harsh one, and unworthy of a British legiflature.

Mr. Dowdeswell pleaded ftrongly and ably that the province fhould be heard, before an act was paffed, which would entirely deprive it of its chartered rights. He prefented a petition from Mr. Bollan, agent for the council of the province, praying that the bill might not pafs into a law, until he fhould have time to receive anfwers from thence to letters which he had fent. The prayer of this petition, he faid, was fo perfectly reasonable, that it ap

peared

peared impoffible to be rejected out of the court of the inquifition. The petition was rejected. The bill was carried on the fecond reading without a division.

Lord North then propofed a third bill, which he hoped would effectually fecure the province of Massachusett's-bay from future difturbances. He faid, the juries of that country were not established after the manner in which our juries here are; and therefore were not fo likely to give to each offender that impartial trial, which, by the laws of this country he was entitled to. By the bill which he meant to propofe, whenever it fhould be found in that country, that a man is not likely to meet with a fair and impartial trial, the governor fhould be empowered to fend him to any of the other colonies, where the fame kind of fpirit has not prevailed; but if it fhould be thought that he cannot have a fair and impartial trial in any of the Colonies, in fuch a cafe the party accufed fhall be fent to Great-Britain, to be tried before the Court of King'sbench; the expences of which trial, to be drawn for on the customs of England. Such a measure, he trufted, would fhew to America, that this nation is roufed to defend its rights, and to maintain the peace and fecurity of its Colonies; and when roufed, that the measures taken are not cruel nor vindictive, but neceffary and efficacious. His lordship propofed, that the bill fhould continue in force for three years, and declared it to be the last measure that parliament would take after which, it required, that his majesty's fervants there fhould be vigilant in the execution of their duty, and keep a watchful eye over every encroachment upon these newly created powers, and not suffer the least degree of difobedience to their measures to take place in that country. The cuftomary relief of troops, he said, which was four regiments, were ordered for Boston; and

:

Gencral

General Gage would go out with them as commander in chief, and governor of the province. He then moved for leave to bring in a bill," for the impartial administration of juftice, in the cafes of perfons queftioned for any acts done by them in the execution of the laws for the fuppreffion of riots and tumults, in the province of Maffachufett's-bay in New England;" and produced precedents to warrant the measure, which were, that the habeas corpus act had been fufpended in the year 1745. That fmugglers apprehended for offences committed on the coaft of Sussex, had been made triable in the county of Middlefex, and the Scotch rebels in England.

The oppofition denied the neceffity of this act, even on the supposition, that justice might be perverted in New England; because, in such cases, the prerogative of the crown might step in, and the governor might reprieve any one, who appeared to be convicted illegally or unjustly.

Colonel Barré declared he rofe with great unwillingnefs to oppose this bill in its very infancy, before its features were well formed, and to claim that attention, which the house seemed to beftow with great reluctance on any arguments in behalf of America. Whilft their proceedings, fevere as they were, had the least colour of justice, he faid, he defifted from oppofing them; and although the bill for fhutting up the port of Bofton, contained in it many things moft cruel, unwarrantable, and unjust, yet as it was couched under thofe general principles of justice, retribution for injury, and compenfation for lofs fuftained, he defifted from oppofing it. The bill was a bad way of doing what was right, but ftill it was doing what was right. As to the bill then before the houfe, he pronounced it to be unprecedented in any former proceedings of par

liament;

liament; and unwarranted by any delay, denial, or pers verfion of juftice in America. It was fo big with oppreffion and mifery to that country, and with danger to this, that the first blufh of it was fufficient to alarm and roufe him to oppofition. It went to ftigmatize a whole people as perfecutors of innocence, and men incapable of doing juftice, without a fingle fact being produced, on which to ground the imputation. On the contrary, the inftances which have happened, are direct confutations of fuch charges. The cafe of Capt. Prefton was recent; this. officer and fome foldiers had been indicted at Boston for murder, in killing fome perfons in the fuppreffion of a riot; they were fairly tried and fully acquitted. It was an American jury, a New England jury, a Boston jury, which tried and acquitted them. Capt. Preston has under his hand, publicly declared, that the inhabitants of the very town where their fellow-citizens had been flain, acquitted him. This is the very cafe the act fuppofes. Is this the return made them? Is this the encouragement given them to perfevere in fo laudable a fpirit of justice and moderation? He denied that the cafes of trials for fmuggling, and of treafon in the laft rebellion, did at all apply to the prefent cafe, becaufe the inconveniencies of prosecution or defence, was comparatively infignificant, on acccount of the little diftance to which the trials were removed. He took notice of Lord North's expreffion, "we must fhew the Americans, that we will no longer fit quiet under their infults," and called it mere declamation, unbecoming the character and place of him who uttered it. He afked, in what moment have you been quiet? Has not your government for many years past been a series of irritating and offenfive measures, without policy, principles, or moderation? Have not your troops and your fhips made a vain and infulting parade in their streets

streets and in their harbours? It has feemed to be your study to irritate and inflame them. You have ftimulated their difcontents into difaffection, and you are now goading their difaffection into rebellion. Can you expect to be well informed when you liften only to partizans? Can you expect to do justice, when you will not hear the accufed?

After having endeavoured to fhew that the bill was without precedent to fupport it, or facts to warrant it, he proceeded to reprefent the confequences which it was likely to produce. A foldier feels himself fo much above the reft of mankind, that the strict hand of the civil power is neceffary to check and reftrain the haughtinefs of difpofition which fuch fuperiority inspires. What conftant care is taken in this country, to remind the military that they are under the restraint of the civil power. In America, their fuperiority is felt still more. Remove the check of the law, as this bill propofes, and what infolence, what outrage, may you not expect? Every paffion that is pernicious to fociety, will be let loofe upon a people unaccuftomed to licentioufnefs and intemperance. These people, who have been long complaining of oppreffion, will fee in the foldiery those who are to enforce it upon them; whilft the military, ftrongly prepoffeffed with the idea of that people being rebellious, unawed by the civil power, and actuated by that arbitrary spirit which prevails in the best troops, will commit violences which might rouse the tameft people to refiftance, and which the vigilance of their officers cannot effectually reftrain. The inevitable confequence will be open rebellion, which you profefs by this act to obviate. I have been bred a foldier, he continued, have ferved long; I refpect the profeffion, and live in the strictest habits of friendship with