Слике страница
PDF
ePub
[ocr errors][merged small]

an alteration is necessary to make the charter conformable to the royal government. Now do you know that when you have altered it, it will not be dissimilar 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 disposal of the ministers of this. He then went through the different clauses of the Bill, objecting principally against the prisoners being brought over here, as contained in the last Bill; and that difficulties would arise which would convince gentlemen who had a concern in the management of these affairs, that what they had done had tended to disunite the affections of the American subjects from this country; and, instead of promoting peace, order, and obedience, would produce nothing but clamour, discontent, and rebellion.

to have a presumption of open resistance,
of which no proof has as yet been proved
at your bar, so as to countenance such an
assertion; if, indeed, that military guard,
which was appointed by the town, had
been employed in the manner as the pre-
amble mentions, it might then have been
deemed an open resistance, but nothing of
that kind happened; the whole resistance
that was made was by a few of the mob
urged on by the impetuosity of riot and
disturbance. Had any thing appeared
that bore the least similarity to treason or
rebellion, my hon. and learned friends
would have told us that it was treason,
and I will give them credit for their wil-
lingness upon such an occasion; but if
there was treason, there were traitors,
they would have been known and punish-
ed; and if not known, they would at least
have been enquired after; but as no en-
quiry has yet been set on foot, I will be
bold to say, there was neither treason nor
traitors. We seem to be in a strange con-
dition, not knowing whom we have to deal
with, nor in what manner to act.
If gen-
Sir William Meredith said, that if ne-
tlemen will look into the charter, it will cessity gave a right to tax America, the
be seen that the governor complained, state of our finances at the close of the
without cause, of the want of power; it last war fully justified the Stamp Act.
was the ignorance of the governor; he That he acknowledged the supremacy of
had power, but did not know it; and I Great Britain over America; but that the
think that the gentlemen who had the legislature of a free country must not, in
planning of these Boston Bills, have made taxation, or any other act of power, de-
alterations in the government of Massa prive the subject of his right to freedom
chuset's Bay, without the previous cere- in person and property. The security an
mony of knowing the old one. There Englishman has in property consists in
must be, and certainly is, a complete le- this; that no tax can be imposed upon
gislative power vested in the assembly of him but by the very members of parlia-
the province, to have given this power to ment who pay the tax themselves, equally
the governor, had the charter been defi- with all those on whom they impose it;
cient, I mean for the preservation of peace that no man had any thing he could call
and good order. [He spoke a long time to his own, if another could take his property,
prove that the constitution of Massachu- and use it, either for his advantage, or in
set's Bay was in no manner defective, but order to prevent the diminution of his own
that the defect was owing to some unknown fortune; but that such taxes only might
cause; and, said he, to what, I profess I be raised as were consequential to regula-
do not know.] When I talk of the minis- tions of trade-such were port duties.
ter, I mean to speak with all due respect That a tax similar to that upon tea was im-
to the noble lord, though I do not consi- posed by the 25th of Charles 2, since that
der him as the immediate actor of all this. time upon molasses, and other articles,
I know not the age, the person, or the which the Americans had acquiesced in.
sex, but that I may not be wrong, I will That he never approved the tax upon tea;
use the language of acts of parliament, and had opposed it, as he would always
which I imagine will comprehend, and oppose the taxation of America. But
will say, he, she, or they; to that person now, that the Americans had not only re-
or persons alone do I mean to address my-sisted the act of parliament, but laid vio-
self. Let me ask, said he, whether these
mischiefs arising from the charter are pe-
culiar to Massachuset's Bay? Are there
not deficiencies in others? yet, it is said,

lent hands on the merchants' property, it was high time to regulate the course of justice, so that our merchants might trade thither with security. That the present

[ocr errors]

Regulation Bills went no further. That they established the trial by jury in America the same as in England; whereas the juries were now appointed according to the mere will and pleasure of the select men, some of whom had been forward in committing those excesses, that occasioned the present uneasinesses. That the council was now appointed by the assembly, and could controul every act of the governor; the execution therefore of every law enacted by the British parliament, was at their option; but that all executive power must be subservient to the legislative, otherwise the legislature itself would be a mere cypher. We must therefore either relinquish at once the right of enacting laws, or take the execution of them out of the hands of those that have denied our authority to make them. That we had better break at once all connections with America, than encourage our merchants to trade thither without the full protection of the laws of their country, both in securing their effects, and in obtaining redress for such injuries as they may sustain.

Mr. Stanley. These Bills certainly affect the interior policy of America, and are intended for the better regulation of its internal government. Whatever may be the opinion of that propriety of regulation with the Americans, I know not; but their submission to the laws of some country is necessary, as I cannot conceive the independence of an American colony to exist, whilst the balance of power remains in Europe, supported and protected by armies and navies. These people must resort to some state, and it must be to a Protestant one: and were they to unite themselves with any other state than this, they would meet with a yoke and 'burden which they would not wish to bear. It is said by some, that this is driving them to a state of slavery; by others, that this proceeding will be ineffectual. As to the latter, if we do not go far enough, we are certainly on the right side; but I cannot sit still, and see with indifference the authority of this country submitting to every indignity they shall offer us. There are but two ways of governing mankind, by force, or by consent. Mankind are to be governed by legal power, acting by prescribed rules of law and justice; and a measure established on this doctrine, deserves the concurrence of the House. [Here he gave a long account of the rise of the American government, and shewed,

that an inattention to it, in its infancy, had induced the Americans so to think of themselves, as to throw the government into a wild democracy; that it was not till after the Restoration that any degree of attention was paid them: he then read an extract from some old papers, shewing that the Americans had, so long ago as king William's time, refused obedience to the prerogative in many instances.] America, says he, is not now to be governed as it might be a hundred years ago; and how is it possible that the council should, in any shape, have power, when it appears, that if any person, of moderate passions towards the degree of respect or authority to this country, is chosen of the council, and is inclined to assist the governor, he has always soon after been displaced? Let me ask gentlemen, if the property of the subjects of this country had been injured in France, would they have thought it a prudent conduct to have sat still and done nothing? I had much rather that this dispute had passed nine years ago, but I would rather meet the attack now than nine years hence; and I should blame myself much if, by any vote of mine, I should separate so valuable a province from this country.

[ocr errors]

Mr. T. Townshend. The importance of this subject, and the melancholy conse quences which are likely to ensue, deserve the serious attention of this House. I am not in a hurry to adopt the opinion of administration, but I should be the lowest wretch upon earth if I suffered private opinion to be smothered. I was determined to give support to the most plausible method that was proposed, and I will say, as to this method, Si quid novisti rectius istis, candidus imperti; si non, his utere mecum.' I am much averse to the med dling with charters, but when I see the inconveniencies that arise from the townmeetings, I do not think myself unreasonable in wishing to adopt an amendment. I think the juries are properly altered, ac cording to the constitution of this country, nor have I any objection to men being brought over to England to be tried, if it is impossible to find men of cool disposi tion and proper temper to try them in that country; and if I see this Bill left to the execution of the abilities of general Gage, I

fear not the success of it. I remember, Sir, that men who were the most violent in opposition to the Stamp Act, at the time it was agitating, afterwards, when they found it was likely to pass, were applying for

stamp-master's places. I wished much, Sir, to have coupled this measure with another; I mean the repeal of the tea tax, which we might have done without shewing the least timidity, but shall content myself with giving my affirmative to the present Bill.

similar to those of the other royal governments: have not the others behaved in as bad a manner as Boston? And it is my opinion, that the office of council, being chosen by the crown, will become so odious, that you will not get a respectable man that dares to accept of it, unless you have the military officers for the council, whom I think, in my conscience, will behave well. Let me ask again, what see

[ocr errors]

Col. Barré. The question now before us is, whether we will chuse to bring over the affections of all our colonies by lenient measures, or to wage war with them? Icurity the rest of the colonies will have, shall content myself with stating-[Here he gave a long history in what manner Mr. Grenville, as an able financier, wished to search for means to liberate this country from its load of debts] that when the Stamp Act was repealed, it produced quiet and ease: was it then in the contemplation of any sober, honest mind, that any other tax would be laid on for at least a century? He blamed the late Mr. C. Townshend, with all his eloquence, for loading America with a tax; nor was he, said he, sufficiently cautious in choosing proper commissioners for executing his trust; it was this which disgusted the inhabitants of Boston, and there has been nothing but riots ever since. It is the duty of the governing state to correct errors and wrong opinions. [Here he read several extracts of Mr. Dickinson's book, entitled, "Farmer's Letters."] You sent over troops, said he, in 1768, and in 1770 you were obliged to recall them. The people were fired at by a lawless soldiery, and seven or eight innocent persons were killed. They were carried about the town as victims of your revenge, to incite the compassion of the friends and relations of the deceased, and next morning you were forced to order the troops out of town. He condemned much the behaviour of governor Hutchinson, as an accomplice in the present disturbances, and commend ed the behaviour of governor Tryon, who, knowing that he could only land the tea at the muzzle of his guns, prudently sent it back to England. All other colonies, he said, had behaved with nearly the same degree of resistance, and yet you point all your revenge at Boston alone; but I think you will very soon have the rest of the colonies on your back. You have blocked up the port of Boston; I supported you in that, and I think I have no great guilt on that head, as I thought it was a measure adopted to produce a compromise for the damage the East India Company had sustained. You propose, by this Bill, to make the council of Boston nearly

that upon the least pretence of disobedi ence, you will not take away the assembly from the next of them that is refractory. Here he blamed the House very much for not receiving the petition of Mr. Bollan, who, he said, had corresponded with the new council, and had been allowed and received at the public offices as agent for the colonies. Why, said he, will you pretend to alter the charter of that constitution of which you know not its present form of government; for, he said, he had observed that the late governor of Boston (governor Pownall) had been, during the different stages in which the Bill had been debated, going from side to side of the House, to give information about the government and its laws, many of which he remembered; some few the governor had forgot. In France, Sir, it is a custom, said he, to judge upon one-sixth, seventh, or eighth of a proof-the unfortunate Calas, of Thoulouse, was condemned upon eight hearsays, which in France amounted to a proof; but, surely, a Bri tish House of Commons will not condemn on such evidence; and I hope never to see Thoulouse arguments [here a member observed he meant too loose arguments] admitted as proof here. I do not know of any precedent for this Bill; it is impossi ble to put it in execution; and I will tell the House a story that happened to us when we marched at Ticonderoga: the inhabitants of that town looked upon the officers of the corps as men of superior beings to themselves, and the youngest amongst them, I will answer for it, was highly treated, and indulged by the fair sex to the utmost of our wishes, even their wives and daughters were at our service; and if the same degree of civility prevails, think you that it is possible the execution of this Bill can ever be observed by your army? I was of the profession myself, and I beg leave to tell the House that I am no de serter from it. I was forced out of it by means which a man of spirit could not submit to. I take this opportunity to say

again, that I am no deserter from my profession. [Here it was strongly imagined, that the colonel meant to give a broad hint to administration, that the line of his profession was not disagreeable to him.] I think this Bill is, in every shape, 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, whilst in the execution of their duty, will serve but to make them odious; and what is so to others, will soon become so to themselves. I would rather see general Gage invested with a power of pardon, than to have men brought over here to be tried; and the state of the case upon the trial, I mean in America, would, I am sure, justify such 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 soon turn out, like the sullen Hollanders, a set of sturdy rebels; a perpetual exertion of your authority will soon ruin you; therefore, let me advise you to desist. Let us but look a little into our behaviour. When we are insulted by France and Spain, we negociate-when we dispute with our colonies, we prepare our ships 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 measures, and to go cap in hand to your subjects; if you do not, you will ruin them. The great minister of this country (lord Chatham) always went cap in hand to all his measures were lenient and palliative; but we have now adopted another system. In the one House of Parliament "we have passed the Rubicon," in the other "delenda est Carthago." [He gave a history here of the different state of finance in which France was; that it was superior in every degree to this country; that their establishments 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 see nothing, said he, in the present measures but inhumanity, injustice, and wickedness; and I fear that the hand of heaven will fall down on this country with the same degree of vengeance.

Mr. S. Fox. I rise, Sir, with an utter detestation and abhorrence of the present measures. It is asserted by many gentle men, that these measures are adopted to

keep up the regard of the people, but I can by no means acquiesce in that; all these Bills have no qualities relative to those lenient measures. As to the second Bill, it has a most wanton and wicked purpose; we are either to treat the Americans as subjects or as rebels. If we treat them as subjects, the Bill goes too far; if as rebels, it does not go far enough. They have never yet submitted, and I trust they never will. We have refused to hear the parties in their defence, and we are going to destroy their charter without knowing the constitution of their government. I am utterly against such measures as these, which can tend to nothing but to raise disturbance and rebellion.

The Marquis of Carmarthen. I do not mean to trespass long at this hour of the night; but there is not a person in the world a stranger to the practices carried on in America, with a direct intention to throw off their dependance on this country. The opposition which they fomented, was not made on account of the tax, but was a systematic measure of opposition to every part of the law of this country. It might have been thought by sober-minded people, that the repeal of the Stamp Act would have brought them back to a sense of their duty: but, alas! Sir, it had a contrary effect. [He read an extract of a letter from governor Bernard, setting forth, that upon coercive measures being adopted in this country, the Americans seemed to give an acquiescence; but whenever lenient ones were the system of administration, they have always been turbulent and riotous.] It has been observed, Sir, by an hon. gentleman (colonel Barré) that a great minister (lord Chatham) proceeded upon cap-in-hand measures. I do not agree with him on that point, as I never heard that minister celebrated for that part of his character. I always understood that his measures were spirited and vigorous, and that he was the farthest man in the world from making use of capin-hand measures; his character was of a far different nature. I refer the House to all the panegyrics that have been passed on that noble lord, for confirming what I say. But, Sir, the time may soon come, when that noble lord will have an opportunity, in the other House of Parliament, to adopt and make use of those cap-inhand measures which the hon. gentleman has just now attributed to him, as a part of his character; but I strongly believe his system will be of a different kind.

ཟན་

[ocr errors]

impartial trial in that country, I think it not only improbable but impossible; I therefore wish well to the present Bill.

Mr. Byng. I am sorry, Sir, to find that we are not now proceeding in our judicial. capacity, but in our legislative one; I could wish that we instilled into the measure more judgment, and less of our power. It is said this measure is adopted to prevent bloodshed; is it then that you send armies there for that purpose? It has been said, that parliament has bowed its

sures have been adopted. It bowed when the Stamp Act was made; it bowed when it was repealed. I wish, however, in this present instance, it would for once not be quite so civil. It has been said, that these Bills are for amending the constitution. Will gentlemen call that amendment a good one, which directs, that the judges' places shall be at the disposal of the crown? Surely not. It has been said, Sir, that there has been treason and traitors, but that the traitors are not known. There can be no treason without traitors, therefore endeavour to find out the traitors. first, that they may be punished, to save the destruction of an innocent people. It has been urged, that this Bill is only for a short time; but the same argument that operates for its continuance for an hour, will operate equally for its perpetuity.

Mr. St. John. I rise, Sir, to make a few observations upon what has been said. It has been stated that this Bill is taking away all the rights of the Americans in one day, and that it is a total destruction of their charter. What is this, Sir, but a gross misrepresentation of parliamentary proceedings? I hold it, Sir, imprudent to meddle with chartered rights, but in cases where the rights of that charter are exercised to the detriment and injury of the people. Sir, parliament has saved Ameerica from the jaws of tyranny, by amend-head to every minister as often as meaing their constitution; and to say that we i have no right to alter their government for such purpose, appears to me the highest absurdity; we are perpetually altering and ameliorating our own constitution, upon emergencies; is there, then, no emergency at this present instant, when your officers are obliged to take shelter in your castle; when the magistrates refuse to execute their authority to keep the peace; when your ships are plundered, and your trade obstructed; and whenever a person endeavours to reform the constitution of that country, he incurs nought but pains and penalties? Is it no defect, that the inhabitants, when they meet to choose their officers of the town, determine upon points that go to the very vitals of the constitution? Not to correct these deficiencies in their constitution, but to give up the points which they contend for, would be a base surrender of the rights of posterity. It has been said, that this law is partial, but that that partiality is applicable only to the people of Boston, who have been the ringleaders of the whole disturbances; that it is slow, I also agree, because measures of this sort, when adopted on the line of security, proceed with an attentive step. But I cannot agree that the measure is hostile; if it is, it is hostility adopted for the prevention of bloodshed. Have we not been provoked to this from the manifold injuries which this country has received? It is not, Sir, the strength of America that we dread; they have neither men, army, nor navy. What then have we to fear-do we dread the loss of our trade? No, Sir, the avarice of the Americans will prevent that. They threaten us with not paying their debts; but I am afraid, if we give way to them, they will not allow that they owe us any: however, Sir, let us not proceed weakly nor violently, but with resolution and firmness. I approve of the system that is adopted; and with regard to a fair and

[ocr errors]

Mr. Rigby. I rise, Sir, only to contradict an opinion which has been imbibed, that, in the debate the other day, I wished to tax Ireland. I only used it as an argument in my speech to tax America, but never expressed a hint that it was proper to tax it. It has also been observed, that I treated requisition in a ridiculous light; I did so; and I think any requisition to the Americans for their quota of their taxes, would be both ridiculous and ineffectual. But the hon. gentleman's (col. Barré's) ideas of requisition, go no further than furnishing provision for a regiment. The hon. gentleman has taken three or four days to consider of my speech, in order to give it an answer. I say stand and deliver, to the Americans, just as much as I say to my constituents, when I give my vote to passing the Landtax Bill; but the hon. gentleman was very desirous to have a fling at me. I desire, Sir, to support the present ministry, because I regard them; because I have respect for their abilities and resolution. That great minister, Sir, who has been so much famed for cap-in-hand measures,

« ПретходнаНастави »