which had encouraged, their refiftance. That the house could never fupport minifters with reputation or effect, unless they inquired into their conduct; and fupported them only as that conduct appeared to have been juft and rational. That therefore a ftrict retrofpect into the management of minifters was effentially connected with an enquiry into the ftate of America. Otherwife weakness and ignorance would be encouraged in the government of an object which required every exertion of wisdom and vigilance. And that this muft inevitably end in the lofs of our colonies, in fpite of all the votes and refolutions of parliament. They faid that a retrospect even for punishment might often be neceffary; but that a retrofpect to direct their own conduct and to take away the authority of feeble and deftructive counfellors, even where no direct guilt was charged, was always their duty and their intereft. On the other hand the minifters ftrongly diffuaded from all retrofpect, as tending only to inflame. The bufinefs they faid was important and preffing. In the examination of this great question great points would be canvaffed.-Is America any longer to be dependent on this country?-How far is it connected? In what degree? In what manner? It might be a great question whether the colonies fhould not be given up? But if this question fhall be decided in the negative, then it would be neceffary to examine in what manner their fubordination fhould be preferved, and authority enforced? Thefe points required the moft serious investigation; in which, the retrospect recommended would be unneceffary and perhaps dangerous; as encouraging those whom it was the bufinefs of parliament by every means to reduce to obedience. By the voting this addrefs miniftry gained a greater advantage than at firft appeared; for they found by the difpofition of the house, which was strongly against all retrofpect, that they would confine themfelves to the mere misbehaviour of the Americans. The violence of the Americans was public and unqueftioned, and when the enquiry was confined to that ground, it would be easy to carry any propofition against them. It was great confequence to the minifter, that no part whatsoever of the weakness and disorderly state of fo many governments, thould be laid to the charge of those who had for fome years the entire direction of them in their hands. As the ftorm which was gathering against the colonies would probably be directed against Maffachufett's Bay, Mr. Bollan, agent for the council of that province, thought it neceffary to prefent to the houfe, by way of precaution, a petition defiring that he might be permitted to lay before the houfe the acta regia of queen Elizabeth and her fucceffors, for the fecurity of the Planters, and their defcendents, and the perpetual enjoyment of their liberties. These documents he presumed had never been laid before the house, nor had the colonies ever had an opportunity to afcertain and defend thefe rights. This petition was received without difficulty, and ordered to lie upon the table. The minifter, after having moved that the King's meffage of the 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 purpofe of a thorough reformation, it became neceffary 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 fhe 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 propofe that the town of Bofton fhould be obliged to pay for the tea which had been deftroyed 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 punishing 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 Glafgow 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 worfe. It was not a fingle act of violence. It was a feries of feditious practices of every kind, and carried on for feveral years. It He was of opinion therefore that it would not be fufficient to punish the town of Boston 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 Bofton the privilege of a port until his Majefty fhould be fatisfied in these particulars, and publicly declare in council, on a proper certificate of the good behaviour of the town, that he was fo fatisfied Until this fhould happen, the Cuftom-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 exercise 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 juftified. For he was not holly precluded from all fupply, She was by this propofition only to be virtually removed feventeen 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 meafures. Refolutions of cenfure and warning will avail nothing. Now is the time to ftand out; to defy them with firmnefs and without fear. A conviction must be produced to America that we are in earneft and will proceed with firmnefs and vigour, This conviction would be loft if they found us doubting and hesitating. Some friends to British authority may indeed fuffer a little. But if with this temporary inconvenience we compare the lofs of the country and its due obedience, it will bear no comparifon. 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 ufe a military force which might act with effect and without bloodthed. The other on colonies will not take fire at the proper punishment inflicted thofe who have disobeyed the laws. They will leave them to fuffer 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. Upon these arguments leave was given to bring in a bill Mar. 14. "for the immediate re"moval of the officers concerned "in the collection of the cuftoms "from the town of Bofton in the "province of the Maffachufett's Bay in North America, and to "difcontinue the landing and dif charging, lading and shipping "of goods, wares and merchan"dize at the faid town of Bofton or within the harbour thereof." In the progress 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 refufed 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 pufhed 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 applause. The equity of obliging a delin quent for the diforders which arose 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 fayourers 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 business, with deprecating the bill; predicting the moft fatal confequences from it, and lamenting the spirit of the houfe, which drove on, or was driven on, to the moft violent meafures, by the mischiefs 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 fruitless; and only spoke to clear themselves from having any share in fuch fatal proceedings. quent town to make fatisfaction the town of Bofton. The house refused 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 house, 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 con tradiction, totally refufe to receive any thing from him, as not duly qualified. Were not the reasons equally ftrong againft receiving. the firft as the fecond petition? But what, they afferted, made this conduct the more 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 itself. As to the reafons given against his qualification, they are equally applicable to all American agents; none of whom are appointed as the minifter now requires they should be→ and thus the house 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 himself 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. [E] It was drawn drawn with remarkable ability. enate the affections of America They ftated that "the proceedings were repugnant to every principle of law and juftice; and under fuch a precedent no man in America could enjoy a moment's fecurity; for if judgment be immediately to follow an accufation against the people of America, fupported by perfons notoriously at enmity with them, the accufed unacquainted with the charge, and from the nature of their fituation utterly incapable of anfwering and defending themselves, every fence againit falfe accufation will be pulled down. They afferted, that law is executed with as much impartiality in America as in any part of his Majesty's dominions. They appealed, for proof of this, to the fair trial and favourable verdict in the cafe of Captain Preston and his foldiers. That in fuch a cafe the interpofition of parliamentary power was full of danger and without precedent. The perfons committing the injury were unknown. If difcovered, the law ought first to be tried. If unknown, what rule of juftice can punish the town for a civil injury committed by persons not known to belong to them. That the inftances of the cities of London, Edinburgh, and Glasgow, were wholly diffimilar. All these towns were regularly heard in their own defence. Their magiftrates were of their own chuting (which is not the cafe of Boston) and therefore they were more equitably refponfible. But in Boston the King's governor has the power, and had been advised by the council to exert it if it has been neglected, he alone is answerable. They ended by ftrongly infifting on the injuftice of the act, and its tendency to ali 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 ministerial 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 should' plead their caufe here, this would fpin out the affair into an unmea- ́ fureable length; whereas the trade of England called for immediate and effectual protection. They asked whether the house doubted the exiftence 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 mercy be better placed than in its legal depofitory, which was always in the breaft 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 ftill 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 house. That the bill ftood therefore fimply as a profcription of one of the greatest trading towns in the British dominions from the use 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 |