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nour upon the virtues of a most Moved, that the bill, with the
amiable and excellent sovereign, amendments, do pass.
and the wisdom and good conduct Which being objected to,
of affectionate and loyal subjects, After a long debate,

In the high station, in which The question was put thereupon. his majesty has placed me, I claim It was resolved in the affirmative. no merit, but a faithful execution Contents

69 1 of his majesty's gracious purposes Proxies for the happiness of his people of Not contents

20 ?

20 Ireland, and the most just, and Proxies therefore the most favourable re. presentations of their loyal, duti

DISSENTIENT, ful, and affectionate conduct, which Because this bill, forming a cannot fail to intitle them to the principal part in a system of pucontinuance of his royal favour and nishment and regulation, has been protection.

carried through the house without Your favourable acceptance of a due regard to thofe indispensible my endeavours to do my duty, and rules of public proceeding, withyour kind approbation of my con out the observance of which no re. duct, expressed in terms. fo very gulation can be prudently made, distinguished and honourable to

and no punishment justly inflicted. me, demand my warmest acknow. Before it can be pretended, that ledgements. I have sincerely wish- those rights of the colony of Mas. ed to deserve your good opinion; sachusett's-bay, in the election it is my earnest desire to cultivate of counsellors, magiftrates, and and improve it, and my unalter- judges, and in the return of jurors, able resolution to exert my most which they derive from their char: trenuous efforts at all times, and ter, could with propriety be taken upon all occasions, to promote the away, the definite legal offence, happiness and prosperity of Ireland. by which a forfeiture of that charter

is incurred, ought to have been

clearly stated and fully proved ; The Lords Protest against the Bill notice of this adverfe proceeding

for better regulating the Govern. ought to have been given to the ment of the Province of Mala parties affected; and they ought chuset's-bay.

to have been heard in their own

defence. Such a principle of proDie Mercurij, 11° Maij, 1774.

ceeding would have been invio

lably observed in the courts below. HE order of the day being It is not technical formality, but

read for the third reading of substantial justice. When there. the bill, intituléd, an act for fore the magnitude of such a cause the better regulating the govern- transfers it from the cognizance of ment of the province of the Mar the inferior courts, to the high jufachusett's-bay, in New England;” dicature of parliament, the lords and for the lords to be summoned ; are so far from being authorised

The faid bill was accordingly to reject this equitable principle, read the third time.

that we are bound to an extraordi.

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rary and religious strictness in the preamble of the bill to have de. , observance of it. The subject risen from the present conftitution ought to be indemnified by a more of the colony judicatures, has not liberal and beneficial justice in par“ been produced, or even attempted. liament, for what he must ine. On the same general allegations of vitably suffer by being deprived a declamatory preamble, any other of many of the forms which are right, or all the rights of this or wisely established in the courts of any other public body may be ordinary resort for his protection taken away, and any vilonary against the dangerous promptitude fcheme of government substituted of arbitrary discretion.

in their place. 2dly, Because the necesity al. 4thly, Because we think, that ledged for this precipitate mode the appointment of all the memof judicial proceeding cannot exift. bers of the council, which by this If the numerous land and marine bill is vested in the crown, is not a forces, which are ordered to assem-, proper provision for preserving the ble in Massachusett’s-bay, are not equilibrium of the colony conftisufficient to keep that single colony tution. The power given to the in any tolerable state of order, un- crown of occasionally increasing or til the cause of its charter can be lessening the number of the council fairly and equally tried, no regu- on the report of governors, and lation in this bill, or in any of at the pleasure of ministers, must those hitherto brought into the make these governors and ministers house, are sufficient for that pur- matters of every question in that pore; and we conceive, that the assembly; and by destroying its mere celerity of a decision against freedom of deliberation, will wholly the charter of that province, will annihilate its use. The intention not reconcile the minds of the peo- avowed in this bill, of bringing ple to that mode of government the council to the platform of other which is to be established upon its' colonies, is not likely to answer its ruins.

own end ; as the colonies, where - 3.dly, Because lords are not in the counyil is named by the crown, a fituation to determine how far are not at all better disposed to a the regulations of which this bill submission to the practice of taxing is composed, agree or disagree with for supply without their consent, those parts of the constitution of than this of Massachusett's-bay. the colony that are not altered, And no pretence of bringing it to with the circumstances of the peo- the model of the Englis conftituple, and with the whole detail of tion can be supported, as none of their municipal inftitutions. Nei- those American councils have the ther the charter of the colony, léaft resemblance to the house of nor any account whatsoever of its peers. So that this new scheme of courts and judicial proceedings, a council stands upon no sort of their mode, or the exercise of their foundation, which the proposers of present powers, have been produced it think proper to acknowledge. to the house. The fightest evi- Sthly, Because the new consti. dence concerning any one of the tution of judicature provided by many inconveniencies, stated in the this bill is improper, and incon.


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bill made changeable by the

itution gruous with the plan of the ad- ministers of state, at the expence of

ministration of justice in Great the rights and liberties of the subject, mpted. Britain. All the judges are to be which was indicated by the inauions of henceforth nominated (not by the fpicious act for thutting up the

crow) but by the governor; and harbour of Boston. chis or all (except the judges of the su By that act, which is immediately ay be

perior court) are to be removeable connected with this bill, the example Gonary

at his pleasure, and expressly with. was set of a large important city, tituted out the consent of that very council (containing vaft multitudes of peo

which has been nominated by the ple, many of whom must be inno5, that crown.

cent, and all of whom are unheard) The appointment of the sheriff by an arbitrary sentence, deprived y this

is by the will of the governor only, of the advantage of that port, upand without requiring in the per

on which all their means of live. son appointed any local or other lihood did immediately depend.

qualification; that sheriff, a ma This proscription is not made de. to the giftrate of great importance to the terminable on the payment of a

whole administration, and execung or

fine for an offence, or a compensapuncil

tion of all justice, civil and crimi. tion for an injury ; but is to connal, and who in England is not tinue until the ministers of the removeable even by the royal au crown shall think fit to advise the

thority, during the continuance of king in council to revoke it. that

the term of his office, is by this The legal condition of the subvernor and council, as often, and viction, for treason or felony) ought for such purposes as they shall think never to depend upon the arbiçrary expedient.

will of any person whatsoever. The governor and council, thus This act, unexampled on the intrusted with powers, with which records of parliament, has been the British constitution has not entered on the journals of this house trusted his majesty and his privy, as voted nemine dissentiente, and has council, have the means of re been stated in the debate of this

turning such a jury in each parti- day, to have been sent to the cofent,

cular cause, as may best fuit with lonies, as passed without a division · bay.

the gratification of their passions in either house, and therefore as it to

and interests. The lives, liberties, conveying the uncontroverted uni.
and properties of the subject are versal sense of the nation.
put into their hands without con The despair of making effectual
troul; and the invaluable right of opposition to an unjust measure,
trial by jury is turned into a snare has been construed into an appro-
for the people, who have hitherto bation of it.

upon it as their main fecu An unfair advantage has been rity against the licentiousness of taken on the final question for power.

passing that penal bill, of the ab. 6thly, Because we see in this sence of those Lords, who had de.

bill the same scheme of strengthen- bated it for several hours, and by

ing the authority of the officers and strongly diffented from it on the VOL. XVII.



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second reading ; that period on continued distractions ; by which which it is most usual to debate unadvised plan, new duties have the principle of a bill."

been imposed in the very year after If this proceeding were to pass

pass the former had been repealed; without animadversion, Lords might these new duties afterwards in part think themselves obliged to reite repealed, and in part continued, rate their debates, at every stage in contradiction to the principles of every bill which they oppose, upon which those repealed were and to make a formal division

formal divifion given up; all which, with many whenever they debate.

weak, injudicious, and precipitate 7thly, Because this bill, and the steps taken to enforce a compliance, other proceedings that accompany have kept up that jealousy, which it, are intended for the support of on the repeal of the stamp act was that unadvised scheme of taxing subsiding ; revived dangerous questhe colonies, in a manner new, tions, and gradually estranged the and unsuitable to their fituation and affections of the colonies from the conftitutional circumstances. mother country, without any ob

Parliament has asserted the au-ject of advantage to either. If the thority of the legislature of this force proposed should have its full kingdom, supreme and unlimited, effect, that effect we greatly apover all the members of the British prehend may not continue longer empire.

than whilst the sword is held up. But the legal extent of this au To render the colonies permanently thority furnishes no argument in ta- advantageous, they must be fatis. vour of an unwarrantable use of it. fied with their condition,

That The sense of the nation on the satisfaction we see no chance of rerepeal of the stamp act was, that in storing, whatever measures may be equiry and sound policy, the taxation pursued, except by recurring, in of the colonies for the ordinary pur. the whole, to the wise and falutary poses of supply, ought to be forbarn; principles on which the stamp act and that this kingdom ought to was repealed. fatisfy itself with the advantages to be derived from a flourishing and

Richmond, Rockingham, increasing trade, and with the free

Portland, Abergavenny, grants of the American affemblies Abingdon, Leinster,

Craven, as being far more beneficial, far


Fitzwilliam. more easily obtained, less oppressive,

Effingham, and more likely to be lafting, than

Ponsonby, any revenue to be acquired by parliamentary taxes, accompanied by a total alienation of the affections The Lords Protest against the Bill, of those who were to pay them. for the impartial Administration of This principle of repeal was no Justice, in certain lpecified Cases, thing more than a return to the in the Province of Malachusett's . ancient standing policy of this ema Bay. pire. The unhappy departure from it, has led to that course of fhift

Die Mercurii, 18° Maij, 1774. ing and contradictory measures, HE order of the day being wbịch have since given rise to such read for the third reading of




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the bill, intituled, “ An Act for ticable, by any means that the the impartial Administration of public wisdom could devise, to obJustice in the cases of Persons tain a fair trial there for


who questioned for any Acts done by açt under government, the house them in the Execution of the Law; is made virtually to acknowledge or for the Suppreflion of Riots and the British government to be uniTumults in the Province of the versally odious to the whole proMassachusett's Bay, in New-Eng-' vince. By supposing the case, that land :" 'and for the Lords to be such trial may be equally impracsummoned ;

ticable in every other province of The faid bill was accordingly America, parliament does in effect read a third time.

admit that its authority is, or proMoyed, that the bill do pass; bably may become hateful to all Which being objected to,

the colonies. This, we apprehend, After a long debate,

is to publish to the world, in terms The question was put, whether the most emphatical, the little conthis bill shall pass ?

fidence the fupreme legislature reIt was refolved in the affirmative. poses in the affection of fo large Contents

43 and fo important a part of the Not Contents

12 British empire. If parliament be. DISSENTIENT,

lieved that any considerable numist, Because no evidence what ber of the people in the colonies foever has been laid before the were willing to act in fupport of house, tending to prove, that per. British government, it is evident fons acting in support of public that we might fafely trust the perauthority, and indicted for murder, fons fo acting to their fellow colocannot receive a fair trial within nists for a fair trial for acts done in the province, which is the object consequence of such support. The of this bill. On the contrary, it bill therefore amounts to a decla. has appeared, that an officer of the ration that the house knows no army, charged with murder, has

means of retaining the colonies in due there received a fair and equitable obedience, but by an army rendered trial, and been acquitted. This independent of the ordinary course of fact has happened even fince the law in the place where they are emcommencement of the present un- ployed. happy diffentions.

3dly, Because we think that a 2dly, Because, after the pro- military force, fufficient for governfcription of the port of Boston, the ing upon this plan, cannot be maindistranchisement of the colony of tained without the inevitable ruin Massachusett's Bay, and the variety of the nation. of provisions, which have been Lastly, Becaule this bill seems to made in this feflion for new model be one of the many experiments ling the whole policy and judici- towards an introduction of effen. ture of that province, this bill is tial innovations into the governan humiliating confession of the ment of this empire. The virtual weakness and inefficacy of all the indemnity provided by this bill for proceedings of parliament. those who shall be indicted for fuppofing that it may be imprac. murders committed under colour of

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