them in the execution of the law, or for the suppression of riots and tumults, in the Province of Massachusetts Bay, in New England. And that it may be proper to repeal an Act made in the fourteenth year of the reign of his present Majesty, intitled, An Act for the better regulating of the Gov ernment of the Province of the Massachusetts Bay, in New England. And also that it may be proper to explain and amend an Act made in the thirty-fifth year of the reign of King Henry the Eighth, intitled, An Act for the Trial of Treasons committed out of the King's Dominions."

I wish, Sir, to repeal the Boston Port Bill, because dependently of the dangerous precedent of suspending e rights of the subject during the King's pleasure — it s passed, as I apprehend, with less regularity and on re partial principles than it ought. The corporation Boston was not heard before it was condemned. Other vns, full as guilty as she was, have not had their ports cked up. Even the Restraining Bill of the present sion does not go to the length of the Boston Port Act. e same ideas of prudence which induced you not to end equal punishment to equal guilt, even when you re punishing, induced me, who mean not to chastise, to reconcile, to be satisfied with the punishment eady partially inflicted.

Ideas of prudence and accommodation to circumstances vent you from taking away the charters of Connectiand Rhode Island, as you have taken away that of ssachusetts Bay, though the Crown has far less power the two former provinces than it enjoyed in the latter,

and though the abuses have been full as great, and as flagrant, in the exempted as in the punished. The same reasons of prudence and accommodation have weight with me in restoring the Charter of Massachusetts Bay. Besides, Sir, the Act which changes the charter of Massa- 5 chusetts is in many particulars so exceptionable that if I did not wish absolutely to repeal, I would by all means desire to alter it, as several of its provisions tend to the subversion of all public and private justice. Such, among others, is the power in the Governor to change 10 the sheriff at his pleasure, and to make a new returning officer for every special cause. It is shameful to behold such a regulation standing among English laws.

The Act for bringing persons accused of committing murder, under the orders of Government to England 15 for trial, is but temporary. That Act has calculated the probable duration of our quarrel with the Colonies, and is accommodated to that supposed duration. I would hasten the happy moment of reconciliation, and therefore must, on my principle, get rid of that most justly 20 obnoxious Act.

The Act of Henry the Eighth, for the Trial of Treasons, I do not mean to take away, but to confine it to its proper bounds and original intention; to make it expressly for trial of treasons and the greatest treasons 25 may be committed-in places where the jurisdiction of the Crown does not extend.

Having guarded the privileges of local legislature, I would next secure to the Colonies a fair and unbiassed judicature, for which purpose, Sir, I propose the follow- 30 ing Resolution:

"That, from the time when the General Assembly or General Court of any Colony or Plantation in North America shall have appointed by Act of Assembly, duly confirmed, a settled salary to the offices of the Chief Justice and other 35

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Judges of the Superior Court, it may be proper that the said Chief Justice and other Judges of the Superior Courts of such Colony shall hold his and their office and offices during their good behavior, and shall not be removed therefrom but when the said removal shall be adjudged by his Majesty in Council, upon a hearing on complaint from the General Assembly, or on a complaint from the Governor, or Council, or the House of Representatives severally, or of the Colony in which the said Chief Justice and other Judges have exercised the said offices."

The next Resolution relates to the Courts of Admiralty. It is this:

"That it may be proper to regulate the Courts of Admiralty or Vice-Admiralty authorized by the fifteenth Chapter of the Fourth of George the Third, in such a manner as to make the same more commodious to those who sue, or are sued, in the said Courts, and to provide for the more decent maintenance of the Judges in the same."

These courts I do not wish to take away; they are in 20 themselves proper establishments. This court is one of the capital securities of the Act of Navigation. The extent of its jurisdiction, indeed, has been increased, but this is altogether as proper, and is indeed on many accounts more eligible, where new powers were wanted,. 25 than a court absolutely new. But courts incommodiously situated, in effect, deny justice; and a court partaking in the fruits of its own condemnation is a robber. The Congress complain, and complain justly, of this griev

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ance.

These are the three consequential propositions. I have thought of two or three more, but they come rather too near detail, and to the province of executive government, which I wish Parliament always to superintend, If the first six are granted, congruity 35 will carry the latter three. If not, the things that

never to assume.

Act, I prove too much; that the grievance from a w of representation, stated in that preamble, goes to whole of legislation as well as to taxation; and that Colonies, grounding themselves upon that doctrine, apply it to all parts of legislative authority.

To this objection, with all possible deference humility, and wishing as little as any man living impair the smallest particle of our supreme authorit answer, that the words are the words of Parliament, not mine, and that all false and inconclusive inferen drawn from them are not mine, for I heartily discl any such inference. I have chosen the words of an of Parliament which Mr. Grenville, surely a tolera zealous and very judicious advocate for the sovereig of Parliament, formerly moved to have read at y table in confirmation of his tenets. It is true t Lord Chatham considered these preambles as declar strongly in favor of his opinions. He was a no powerful advocate for the privileges of the America Ought I not from hence to presume that these pream are as favorable as possible to both, when properly un stood; favorable both to the rights of Parliament, and the privilege of the dependencies of this Crown? I Sir, the object of grievance in my Resolution I have taken from the Chester, but from the Durham Act, wh confines the hardship of want of representation to case of subsidies, and which therefore falls in exa with the case of the Colonies. But whether the un

resented counties were de jure or de facto bound, the preambles do not accurately distinguish, nor indeed was it necessary; for, whether de jure or de facto, the Legislature thought the exercise of the power of taxing as of 5 right, or as of fact without right, equally a grievance, and equally oppressive.

I do not know that the Colonies have, in any general way, or in any cool hour, gone much beyond the demand of humanity in relation to taxes. It is not fair to judge 10 of the temper or dispositions of any man, or any set of men, when they are composed and at rest, from their conduct or their expressions in a state of disturbance and irritation. It is besides a very great mistake to imagine that mankind follow up practically any speculative prin15 ciple, either of government or of freedom, as far as it will go in argument and logical illation. Wo Englishmen stop very short of the principles upon which we support any given part of our Constitution, or even the whole of it together. I could easily, if I had not already 20 tired you, give you very striking and convincing instances of it. This is nothing but what is natural and proper. All government, indeed every human benefit and enjoyment, every virtue, and every prudent act, is founded on compromise and barter. We balance inconveniences; we 25 give and take; we remit some rights, that we may enjoy

others; and we choose rather to be happy citizens than subtle disputants. As we must give away some natural liberty to enjoy civil advantages, so we must sacrifice some civil liberties for the advantages to be derived from 30 the communion and fellowship of a great empire. But, in all fair dealings, the thing bought must bear some proportion to the purchase paid. None will barter away the immediate jewel of his soul. Though a great house is

apt to make slaves haughty, yet it is purchasing a part 35 of the artificial importance of a great empire too dear to