the 7th of March fhould be read, opened his plan for the restoration of peace, order, juftice, and commerce in the Maffachufett's Bay. He stated that the oppofition to the authority of parliament had always originated in that colony, and that colony had been always inftigated to fuch conduct, by the irregular and feditious proceedings of the town of Boston. That therefore for the purpose of a thorough reformation, it became neceflary to begin with that town, which by a late unparalleled outrage had led the way to the deftruction of the freedom of commerce in all parts of America. That if a fevere and examplary punishment were not inflicted on this heinous act, Great Britain would be wanting in the protection the owed to her moft peaceable and meritorious fubjects. That had fuch an infult been offered to British property in a foreign port, the nation would have been called upon to demand fatisfaction for it. He would therefore propose that the town of Bofton fhould be obliged to pay for the tea which had been destroyed in their port. That the injury was indeed offered by perfons unknown and in difguife, but that the town magiftracy had taken no notice of it, had never made any fearch for the offenders, and therefore by a neglect of a manifeft duty became accomplices in the guilt. That the fining of communities for their neglect in punithing offences committed within their limits, was juftified by feveral examples. In King Charles II's time the city of London was fined when Dr. Lamb was killed by unknown perfons. The city of Edinburgh was fined, and otherwife punished for the affair of Captain Porteous. A part of the revenue of the town of Glasgow had been fequeftered, until fatisfaction was made for the pulling down Mr. Campbell's houfe. Thefe examples were ftrong and in point, for fuch punishments. The cafe of Bofton was far worse. It was not a fingle act of violence. It was a feries of feditious practices of every kind, and carried on for several years. It He was of opinion therefore that it would not be fufficient to punish the town of Bofton by, obliging her to make a pecuniary fatisfaction for the injury, which, by not endeavouring to prevent or punith, fhe has in fact encouraged; fecurity must be given in future, that trade may be fafely carried on, property protected, laws obeyed, and duties regularly paid. Otherwife the punishment of a fingle illegal act is no reformation. would be therefore proper to take away from Boston the privilege of a port until his Majefty fhould be fatisfied in thefe particulars, and publicly declare in council, on a proper certificate of the good behaviour of the town, that he was fo fatisfied Until this thould happen, the Custom-house officers who were now not fafe in Bofton, or fafe no longer than while they neglected their duty, fhould be removed to Salem, where they might exercife their functions. By this Bofton might certainly fuffer. But the ought to fuffer; and by this refolution would fuffer far lefs punithment then her delinquencies fully justified. For he was not wholly precluded from all fupply. She was by this propofition only to be virtually removed feventeen colonies will not take fire at the proper punishment inflicted on thofe who have disobeyed the laws. They will leave them to suffer their own punishments. If they do combine with them, the confequences of their rebellion belong not to us but to them. We are only anfwerable that our measures are juft and equitable. Let us proceed (faid he) with firmness, juftice, and refolution, which course, if purfued, will certainly produce that due obedience to the laws of this country, and that fecurity of the trade of this people which I fo ardently with for. miles from the fea. The duration of her punishment was entirely in her own power. For when the fhould discharge this juft debt to the E. I. company, which had been contracted by her own violence, and given full affurances of obedience in future to the laws of trade and revenue, there was no doubt, but that his Majefty, to whom he propofed to leave that power, would again open the port, and exercife that mercy which was agreeable to his royal difpofition. Unanimity was ftrongly recommended. This was a crifis which demanded vigour. He was by no means an enemy to lenient mea- Upon these arguments leave was fures. Refolutions of cenfure and given to bring in a bill Mar. 14. warning will avail nothing. Now "for the immediate reis the time to ftand out; to defy "moval of the officers concerned them with firmnefs and without "in the collection of the customs fear. A conviction must be pro- "from the town of Bofton in the duced to America that we are in "province of the Maffachufett's earneft and will proceed with firm- "Bay in North America, and to ness and vigour. This conviction "difcontinue the landing and difwould be loft if they found us charging, lading and shipping doubting and hesitating. Some" of goods, wares and merchanfriends to British authority may in-dize at the faid town of Boston deed fuffer a little. But if with " or within the harbour thereof." this temporary inconvenience we compare the lofs of the country and its due obedience, it will bear no comparison. It is faid, the Americans will not pay their debts. This they threatened before the repeal of the ftamp act. The act was repealed. What was the confequence? They did not pay. This threat, if attended to, muft difable parliament equally in all its operations. This act will not require a military power to enforce it. Four or five frigates will be fufficient. But if it fhould, he would not fcruple to use a military force which might act with effect and without bloodfhed. The other In the progrefs of the bill a motion was made for an amendment, for the purpose of laying a fine on the town of Bofton, equivalent to the damage fuftained by the EaftIndia company. This fine or fatisfaction if they refused to pay, then and not before the penalties of this act were allowed to take place. The propofition was jected, and this bill, pregnant with fo many important. confequences, was pushed on with fo much vigour and dispatch, that it did not remain long in the house. re At the first introduction it was received with very general applaufe. The equity of obliging a delin quent for the disorders which arofe from their factious fpirit, and negligent police, was fo ftriking, that many things which might appear exceptionable in the act were overlooked. The cry raised against the Americans, partly the natural effect of their own acts, and partly of the operations of government, was fo ftrong as nearly to overbear the moft refolute and determined in the oppofition. Several of thofe who had been moft fanguine favourers of the colonies now condemned their behaviour; and applauded the measure, as not only juft, but lenient. Others indeed ftood firmly on their old ground: but after having delivered their opinions at large in the preliminary debates, when the motion was made for leave to bring in the bill, they did not enter fo largely into the matter. They contended themfelves, in that ftage of the bufinefs, with deprecating the bill; predicting the most fatal confequences from it, and lamenting the ipirit of the houfe, which drove on, or was driven on, to the moft violent meafures, by the mifchiefs produced by injudicious councils; one feeming to render the other neceffary. They declared that they would enter little into a debate which they faw would be fo fruitlefs; and only fpoke to clear themselves from having any thare in fuch fatal proceedings. quent town to make fatisfaction the town of Bofton. The house refufed to receive the petition. It was faid, that the agent of the council was not agent for the corporation, and no agent could be received from a body corporate, except he were appointed by all the neceffary conftituent parts of that body. Befides, the council was fluctuating, and the body by which he was appointed could not. be then actually exifting. This vote of rejection was heavily cenfured. The oppofition cried out at the inconfiftency of the houfe, who but a few days ago received a petition from this very man in this very character; and now, only because they chufe to exert their power in acts of injuftice and contradiction, totally refufe to receive any thing from him, as not duly qualified. Were not the reasons equally ftrong against receiving the firft as the fecond petition? But what, they aflerted, made this conduct the niore unneceffary and outrageous, was, that at that time the houfe of lords were actually hearing Mr. Bollan on his petition, as a perfon duly qualified, at their bar. Thus, faid they, this houfe is at once in contradiction to the other and to itfelf. As to the reafons given againft his qualification, they are equally applicable to all American agents; none of whom are appointed as the minifter now requires they fhould be→ and thus the houfe cuts off all communication between them and the colonies whom they are affecting by their acts. But in the progrefs of the bill, oppofition feemed to collect itself, and to take a more active part. Mr. Bollan, the agent of the council of Maffachufett's bay, prefented a petition, defiring to be heard for the faid council, and in behalf of himfelf and other inhabitants in VOL. XVII. On the third reading, another petition was prefented by the lordmayor in the name of feveral natives and inhabitants of NorthAmerica then in London. It was [E] drawn drawn with remarkable ability. enate the affections of America They stated that "the proceedings from this country; and that the attachment of America cannot long furvive the juftice of Great Britain. This petition was received; but as no hearing was defired, no particular proceeding was had upon it. In anfwer to the matter it contained, the minifterial fide contended, that if they were to wait to hear, they might wait for ever, as the town would not acknowledge their authority. That even if they thould plead their caufe here, this would pin out the affair into an unmeafureable length; whereas the trade of England called for immediate and effectual protection. They alked whether the houfe doubted the existence of the offence, or of their own competence to enquire into and to punifh it. That as to leaving Bofton to the mercy of the crown, it was doing it a favour: for where could niercy be better placed than in its legal depofitory, which was always in the breast of the crown. On this the debates were long and vehement. The oppofition contended that this act was not for the purpose of impofing a fine for an offence: if it had, it would fill be liable to all the objections ftated in the petition. The option of laying a fine, and proceeding on non-payment to extremities, had been propofed and rejected by the houfe. That the bill flood therefore fimply as a profcription of one of the greatest trading towns in the British dominions from the ufe of their port, and from all the commerce by which more than 20,000 people obtained their bread. That if this profcription was made determir. able on any certain or specific act, it might be tolerable. But have We we not (faid they) given an extent of power to his Majefty to prevent the port of Boston from ever being reinstated, if the King should think proper? What limit or line is drawn, to define when it may be proper, right, and juft, that the port of Bofton fhould be reinftated? It depends wholly on the pleasure of the King, that is, of minifters. Was this neceffary, either for punishment of the Boftonians, or for fatisfaction to the East-India company? It could only be made for the purpose of establishing a precedent of delivering oyer whole towns and communities to an arbitrary difcretion in the crown. They denied that this was like the cafes in which the mercy of the crown was to take place. That none was at the mercy of the crown, except when the known law, on a fair hearing, condemned to a certain punishment. But in this cafe where was the law, the hearing, or the fixed punishment? They afked what precedent there was for depriving a maritime city of its port, and then leaving them to the mercy of the crown, to restore the port, or not, at pleasure? Precedents had been fhewn of towns that had been fined. They denied that thofe precedents applied to the cafe and if they had, ftill it was only a fine; the trade of the place went on juft as before. But here, faid they, a fine is laid; the trade is prohibited until it is paid; and when the fine is paid, the city may be as far from recovering her trade as ever. The act provides that the crown muft have fatisfaction, that the laws of trade and revenue fhall be obeyed. There is a fting in this. The act, under pretence of : an indemnity to the company, is meant to inforce the fubmiffion to taxes. America will fee this; and the caufe of Boston will be made the cause of all the colonies. They are all as guilty as Bofton. Not one has received the tea fome have deftroyed it, others fent it back. And when Bofton is fingled out as the victim, none there can be fo dull as not to fee, that this election is made to lull them afleep to the confequences of an act, which, on a fubmiffion of one city, must go, one by one, to all the reft; until they are fucceffively delivered over to the arbitrary mercy of the crown? That all this violence and precipitation is for the fake of trade, they could never believe; because no complaint was come from any one trader or manufacturer; no not even from the company itself, which was the immediate fufferer. On the contrary, they feared this act would prove deftructive of trade, and the origin of very great troubles. Thefe and many other objections were made, and ftrongly urged against the bill, and the debate continued for a long time. However the oppofition did not divide; either chufing not to thew a difference amongst themfelves, and weak numbers; or, as they faid, not to prevent this act from having the utmost operation its friends could promise themfelves in bringing America to obedience. The bill paffed the house on the 25th of March, and was carried up to the lords, where it was likewife warmly debated, but, as in the commons, without a divifion. It received the royal affent on the 31st of March. |