nour upon the virtues of a most amiable and excellent fovereign, and the wisdom and good conduct of affectionate and loyal fubjects. In the high ftation, in which his majefty has placed me, I claim no merit, but a faithful execution of his majefty's gracious purpofes for the happinefs of his people of Ireland, and the most juft, and therefore the most favourable reprefentations of their loyal, duti ful, and affectionate conduct, which cannot fail to intitle them to the continuance of his royal favour and protection. Your favourable acceptance of my endeavours to do my duty, and your kind approbation of my conduct, expreffed in terms. fo very diftinguished and honourable to me, demand my warmeft acknowledgements. I have fincerely wifhed to deferve your good opinion; it is my earnest defire to cultivate and improve it, and my unalterable refolution to exert my moft ftrenuous efforts at all times, and upon all occafions, to promote the happiness and profperity of Ireland. Moved, that the bill, with the The question was put thereupon. Proxies Not contents Proxies DISSENTIENT, 69 92 23 20 20 Because this bill, forming a principal part in a fyftem of punifhment and regulation, has been carried through the houfe without a due regard to thofe indifpenfible rules of public proceeding, without the obfervance of which no regulation can be prudently made, and no punishment justly inflicted. Before it can be pretended, that thofe rights of the colony of Maffachufett's-bay, in the election of counsellors, magiftrates, and judges, and in the return of jurors, which they derive from their charter, could with propriety be taken away, the definite legal offence, by which a forfeiture of that charter is incurred, ought to have been clearly ftated and fully proved; notice of this adverfe proceeding ought to have been given to the parties affected; and they cught to have been heard in their own defence. Such a principle of proceeding would have been inviolably obferved in the courts below. It is not technical formality, but fubftantial justice. When therefore the magnitude of fuch a cause transfers it from the cognizance of the inferior courts, to the high judicature of parliament, the lords are fo far from being authorised to reject this equitable principle, that we are bound to an extraordi nary nary and religious ftrictnefs in the obfervance of it. The fubject ought to be indemnified by a more liberal and beneficial justice in parliament, for what he muft inevitably fuffer by being deprived of many of the forms which are wifely established in the courts of ordinary refort for his protection against the dangerous promptitude of arbitrary difcretion. zdly, Because the neceffity alledged for this precipitate mode of judicial proceeding cannot exift. If the numerous land and marine forces, which are ordered to affemble in Maffachusett's-bay, are not fufficient to keep that fingle colony in any tolerable state of order, until the cause of its charter can be fairly and equally tried, no regulation in this bill, or in any of thofe hitherto brought into the house, are fufficient for that purpofe; and we conceive, that the mere celerity of a decifion against the charter of that province, will not reconcile the minds of the people to that mode of government which is to be established upon its ruins. 3dly, Becaufe lords are not in a fituation to determine how far the regulations of which this bill is compofed, agree or disagree with thofe parts of the conftitution of the colony that are not altered, with the circumftances of the people, and with the whole detail of their municipal inftitutions. Neither the charter of the colony, nor any account whatsoever of its courts and judicial proceedings, their mode, or the exercise of their prefent powers, have been produced to the house. The flightest evidence concerning any one of the many inconveniencies, ftated in the preamble of the bill to have a-. rifen from the present conftitution of the colony judicatures, has not been produced, or even attempted. On the fame general allegations of a declamatory preamble, any other right, or all the rights of this or any other public body may be taken away, and any vifionary fcheme of government substituted in their place. 4thly, Because we think, that the appointment of all the members of the council, which by this bill is vested in the crown, is not a proper provifion for preferving the equilibrium of the colony conftitution. The power given to the crown of occafionally increafing or leffening the number of the council on the report of governors, and at the pleasure of minifters, must make thefe governors and minifters mafters of every queftion in that affembly; and by deftroying its freedom of deliberation, will wholly annihilate its ufe. The intention avowed in this bill, of bringing the council to the platform of other colonies, is not likely to answer its own end; as the colonies, where the council is named by the crown, are not at all better difpofed to a fubmiffion to the practice of taxing for fupply without their confent, than this of Maffachufett's-bay. And no pretence of bringing it to the model of the English conflitution can be fupported, as none of thofe American councils have the least resemblance to the house of peers. So that this new scheme of a council ftands upon no fort of foundation, which the propofers of it think proper to acknowledge. 5thly, Because the new confti. tution of judicature provided by this bill is improper, and incon gruous gruous with the plan of the adminiftration of justice in Great Britain. All the judges are to be henceforth nominated (not by the crown) but by the governor; and all (except the judges of the fuperior court) are to be removeable at his pleasure, and exprefsly without the confent of that very council which has been nominated by the crown. The appointment of the sheriff is by the will of the governor only, and without requiring in the perfon appointed any local or other qualification; that sheriff, a magiftrate of great importance to the whole adminiftration, and execution of all justice, civil and crimi. nal, and who in England is not removeable even by the royal authority, during the continuance of the term of his office, is by this bill made changeable by the governor and council, as often, and for fuch purposes as they fhall think expedient. The governor and council, thus intrufted with powers, with which the British conftitution has not trufted his majefty and his privy council, have the means of returning fuch a jury in each particular caufe, as may beft fuit with the gratification of their paffions and interefts. The lives, liberties, and properties of the fubject are put into their hands without controul; and the invaluable right of trial by jury is turned into a fnare for the people, who have hitherto looked upon it as their main fecurity against the licentioufness of power. 6thly, Becaufe we fee in this bill the fame scheme of ftrengthening the authority of the officers and VOL. XVII. minifters of ftate, at the expence of the rights and liberties of the Jubject, which was indicated by the inaufpicious act for fhutting up the harbour of Boston. By that act, which is immediately connected with this bill, the example was fet of a large important city, (containing vaft multitudes of people, many of whom must be innocent, and all of whom are unheard) by an arbitrary fentence, deprived of the advantage of that port, upon which all their means of live. lihood did immediately depend. This profcription is not made determinable on the payment of a fine for an offence, or a compenfa tion for an injury; but is to continue until the minifters of the crown fhall think fit to advise the king in council to revoke it. The legal condition of the lubject (tanding unattainted by conviction, for treafon or felony) ought never to depend upon the arbitrary will of any perfon whatsoever. This act, unexampled on the records of parliament, has been entered on the journals of this house as voted nemine diffentiente, and has been stated in the debate of this day, to have been fent to the colonies, as paffed without a divifion in either houfe, and therefore as conveying the uncontroverted univerfal fenfe of the nation. The defpair of making effectual oppofition to an unjust measure, has been conftrued into an approbation of it. An unfair advantage has been taken on the final question for paffing that penal bill, of the ab. fence of thofe Lords, who had debated it for feveral hours, and strongly diffented from it on the [S] fecond fecond reading; that period on which it is moft ufual to debate the principle of a bill. If this proceeding were to pafs without animadverfion, Lords might think themselves obliged to reite rate their debates, at every ftage of every bill which they oppofe, and to make a formal divifion whenever they debate. 7thly, Because this bill, and the other proceedings that accompany it, are intended for the fupport of that unadvifed fcheme of taxing the colonies, in a manner new, and unfuitable to their fituation and conftitutional circumftances. Parliament has afferted the authority of the legislature of this kingdom, fupreme and unlimited, over all the members of the British empire. But the legal extent of this authority furnishes no argument in favour of an unwarrantable ufe of it. The fenfe of the nation on the repeal of the stamp act was, that in equity and found policy, the taxation of the colonies for the ordinary purpoles of fupply, ought to be forborn; and that this kingdom ought to fatisfy itself with the advantages to be derived from a flourishing and increafing trade, and with the free grants of the American assemblies; as being far more beneficial, far more easily obtained, lefs oppreffive, and more likely to be lafting, than any revenue to be acquired by parliamentary taxes, accompanied by a total alienation of the affections of those who were to pay them. This principle of repeal was nothing more than a return to the ancient ftanding policy of this empire. The unhappy departure from it, has led to that courfe of fhifting and contradictory measures, which have fince given rife to fuch continued distractions; by which unadvifed plan, new duties have been impofed in the very year after the former had been repealed; thefe new duties afterwards in part repealed, and in part continued, in contradiction to the principles upon which thofe repealed were given up; all which, with many weak, injudicious, and precipitate steps taken to enforce a compliance, have kept up that jealoufy, which on the repeal of the stamp act was fubfiding; revived dangerous queftions, and gradually estranged the affections of the colonies from the mother country, without any object of advantage to either. If the force propofed should have its full effect, that effect we greatly apprehend may not continue longer than whilft the fword is held up. To render the colonies permanently advantageous, they must be fatisfied with their condition. That fatisfaction we fee no chance of reftoring, whatever measures may be pursued, except by recurring, in the whole, to the wife and falutary principles on which the ftamp act was repealed. the bill, intituled, "An Act for the impartial Administration of Juftice in the Cafes of Perfons queftioned for any Acts done by them in the Execution of the Law; or for the Suppreflion of Riots and Tumults in the Province of the Maffachufett's Bay, in New-England:" and for the Lords to be fummoned ; The faid bill was accordingly read a third time. Moved, that the bill do país; It was refolved in the affirmative. Not Contents DISSENTIENT, 12 ift, Because no evidence whatfoever has been laid before the houfe, tending to prove, that perfons acting in fupport of public authority, and indicted for murder, cannot receive a fair trial within the province, which is the object of this bill. On the contrary, it has appeared, that an officer of the army, charged with murder, has there received a fair and equitable trial, and been acquitted. This fact has happened even fince the commencement of the prefent unhappy diffentions. zdly, Because, after the profcription of the port of Bofton, the distranchifement of the colony of Maffachufett's Bay, and the variety of provifions, which have been made in this feffion for new modelling the whole policy and judiciture of that province, this bill is an humiliating confeffion of the weakness and inefficacy of all the proceedings of parliament. By fuppofing that it may be imprac ticable, by any means that the public wifdom could devife, to obtain a fair trial there for any who act under government, the house is made virtually to acknowledge the British government to be univerfally odious to the whole province. By fuppofing the cafe, that fuch trial may be equally impracticable in every other province of America, parliament does in effect admit that its authority is, or probably may become hateful to all the colonies. This, we apprehend, is to publish to the world, in terms the moft emphatical, the little confidence the fupreme legislature re-, pofes in the affection of fo large and fo important a part of the British empire. If parliament be. lieved that any confiderable number of the people in the colonies were willing to act in fupport of British government, it is evident that we might fafely trust the perfons fo acting to their fellow colo-" nifts for a fair trial for acts done in confequence of fuch fupport. The bill therefore amounts to a declaration that the houfe knows no means of retaining the colonies in due obedience, but by an army rendered independent of the ordinary course of law in the place where they are employed. 3dly, Because we think that a military force, fufficient for governing upon this plan, cannot be maintained without the inevitable ruin of the nation. Laftly, Because this bill feems to be one of the many experiments towards an introduction of effential innovations into the government of this empire. The virtual indemnity provided by this bill for thofe who fhall be indicted for murders committed under colour of [S] 2 office, |