a great improvement of their conftitution, as it brought it nearer to the English model. This again was denied by the lords of the minority, who faid that the taking away of franchifes granted by charter had ever been confidered as penal, and all proceedings for that purpose conducted criminally. Otherwife, it was faid, nothing could be fafe in any man's hands, the taking away of which another man might confider as beneficial. That a council holding their places at the pleasure of the crown did not refemble the house of lords; nor approach in any thing to the perfection of the British conftitution. The debate on the third reading was long, but May 11th. the divifion only 20 to 92. The difpofition fo prevalent in both houfes to ftrong measures, was highly favourable to the whole minifterial plan for reducing America to obedience. The good reception of the propofal for changing the charter government of Mafiachufett's Bay, encouraged them to propofe very foon after another bill, without which, it was faid, that the fcheme would be entirely defective. In the committee on American papers it was ordered that the chairman fhould move for leave to bring in a bill for the impartial adminiftration of juftice in the "cafes of perfons queftioned for any as done by them in the "execution of the laws, or for the "fuppreffion of riots and tumults "in the province of Maffachufett's " Bay in New England." This bill provides, that in cafe any perfon is indicted in this province for murder, or any other capital offence, and that it thall appear to the governor that the fact was committed in the exercise or aid of magiftracy in fuppreffing tumults and riots, and that it fhall appear to the governor, that a fair trial cannot be had in the province, he fhall fend the person so indicted, &c. to any other colony, or to Great Britain, to be tried. The charges on both fides to be borne out of the customs. This act to continue for four years. The minifter ftated, that this bill was neceffary to the effect of the two former. It was in vain to appoint a magiftracy that would act, if none could be found hardy enough to put their orders in execution. Thefe orders would most probably be refifted by force; this force would neceffitate force also to execute the laws. In this cafe, blood would probably be spilled. Who would riik this event, though in the execution of his cleareft duty, if the rioters themselves, or their abettors, were to fit as his judges? How can any man defend himself on the plea of executing of your laws, before thofe perfons who deny your right to make any laws to bind them? He alledged, that such an act was not without precedent at home. Where fmuggling was found to be notorioufly countenanced in one county, the trial for offences of that kind has been directed in another. The rebels of Scotland in the year 1746 were tried in England. All particular privileges give way to the public fafety; when that is endangered, even the habeas corpus act, the great palladium of public liberty, has been fufpended. That the act he propofed did not establish a military government, but a civil one, by which the former was greatly improved. They gave to the province a council, magiftrates, and juftices, when in effect they had none before. You do not, faid he, fcreen guilt, you only protect innocence. That we muft thew the Americans we will no longer fit quietly under their infults; and that even when roufed, our measures are not cruel and vindictive, but neceffary and efficacious. This is the last act he had to propofe in order to perfect the plan. That the reft depended on the vigilance of his majefty's fervants in the execution of their duty; which he affured them fhould not be wanting. That the ufual relief of four regiments for America, had been all ordered to Bofton. That General Gage, in whofe abilities he placed great reliance, was fent as governor and commander in chief. That while proper precautions were taken for the fupport of magiftracy, the fame fpirit was fhewn for the punithment of offenders; and that profecutions had been ordered against those who were the ringleaders in fedition. That every thing fhould be done firmly, yet legally and prudently, as he had the advantage of being aided by the ableft lawyers, That he made no doubt, that by the fteady execution of the meafures now taken, obedience and the bleffings of peace would be reftored. The event, he predicted, would be advantageous and happy to this country. The minority opposed this bill with the fame vehemence with which they combated the former. And firft, they denied the foundation of the whole bill," That it could tend to the procuring of an impartial trial." For if a party fpirit against the authority of Great Britain would condemn an active officer there as a murderer, the fame party spirit for preserving the authority of Great-Britain, might acquit a murderer here, as a spirited performer of his duty. There is no abfolute fecurity against the effect of party spirit in judicial proceedings, when mens minds are inflamed with public contefts. But before the people there are judged unworthy of the exercife of the rights which the conftitution has given them, fome abufe ought to be proved. But has, faid they, any proof been given or attempted of fuch an abufe? The cafe of Captain Preston was recent. This officer and fome foldiers had been indicted at Boston for murder, for killing fome perfons in the fuppreflion of a riot. This is the very cafe the acts fuppofes. How did the trial turn out? He was honourably acquitted. Therefore the bill is not only unfupported, but contradicted by fact. They infifted, that, having no fort of reason for impeaching the tribunals of America, the real intention was to fet up a military government; and to provide a virtual indemnity for all the murders and other capital outrages which might be committed by that barbarous kind of authority. For they afked, how the relations of a murdered man could poffibly profecute, if they must come three thousand miles from their families and occupations to do it? The charges of the witneffes were to be borne out of the cuftoms, but the governor was to judge how much ought to be allowed; and they could not conceive, that any man would voluntarily offer himself as a witness, when by that means, upon a meer payment of charges, he was to be removed fo far from his native country. Every man of common sense would fly from fuch an office. But if if the charges of the witneffes were to be borne by government, who was to bear the charges of the profecution, and the expence of fuch voyages, and of the delays in England which might be poffibly for years? For this the act makes no provifion. A poor man, who could cafily carry on fuch a profecution at his door at Bofton, muft give it up when the caufe is removed to Middlefex. They therefore ftrenuoufly maintained, that this was holding out an encouragement for all kinds of lawlefs violence. They denied that the cafes of trials for fmuggling, and of treafon in the laft rebellion, did at all apply to the prefent, because the inconvenience of profecution or defence was comparatively infignificant on account of the little diftance to which the trials were removed. In fine, they denied the neceffity of this act, even if no juftice were ever to be expected in New England, because the prerogative of the crown might ftep in, and the governor might always reprieve a perfon, who fhould happen to be convicted notorioufly againft law and reafon. They apprehended, that the course of juftice being ftopped by this act, would give rife to affaffinations and dark revenge among individuals; and most probably to open rebellion in the whole body. The debate on this bill was even more warm than on the former, and the publications of the time quote an old member who is rarely in oppofition, as having ended his fpeech with these remarkable words: "I will now take my "leave of the whole plan-you "will commence your ruin from "this day. I am forry to say, that The bill paffed the house on the fixth of May, and being carried up to the house of peers, occafioned warm debates upon the fame principles upon which it was difcuffed in the house of commons. The lords of the minority entered on this, as on the former bill, a very strong proteft. Neither houfe was full during the debates on this bill, as the arguments on the two latter bills had been all along very much blended; and the parties had tried their strength by divifion on the bill for altering the Maffachufett's charter. both queftions, however, the numbers of the minority had all along continued very low and difproportioned. On The feffion was drawing near to the ufual time of recefs; and the greateft number of the members, fatigued with a long attendance on the American bills, were retired into the country. In this fituation, a bill which has engaged a great deal of the public attention was brought into the houfe of lords: "The bill for making more effec"tual provifion for the govern"ment of the province of Quebec "in North America." This paffed through that houfe with very little if any obfervation. But when it came down to the houfe of commons it met with a very different reception. A difpofition immediately appeared in that houfe houfe to criticise it with unusual feverity. The party for miniftry feemed to be a little alarmed at this fpirit, partly becaufe, from its eafy paffage through the house of lords, it was not fo much expected; but principally, becaufe they apprehended it would create more uneafiness among the people out of doors than any of the former bills. In this cafe the paffions which had been excited by the disorders in America, did not operate in their favour. And as the act had for a part of its objects eftablishments touching religion, it was far more likely to give occafion for popular complaint. The miniftry therefore found it neceffary not to carry things with fo high an hand as in the preceding bills. They admitted that this bill came down to the houfe of commons in a very imperfect state; and that they would be open to any reasonable alterations and amend ments. This plan might be difcuffed more at leifure than that for regulating the colony of Maffachufett's Bay; in that cafe it was neceffary to thew a degree of vigour and decifion, or all government might be loft and all order confounded. But here they were not fo much preffed; for though that government wanted regulation extremely, yet the people were difpofed to peace and obedience. A good deal of time was spent in going through this affair; great altercations arofe in the committee; many witneffes were examined. Among these were general Carleton, governor of Canada; Mr. Hay, chief juftice of that province; Mr. Mazeres, curfitor baron of the Exchequer, late attorney general there, and agent to the English inhabitants of Canada; Dr. Mar riot, the king's advocate general in England; Monf. Lolbiniere, a French gentleman of confiderable property in Canada. The principal objects of the Quebec bill were to afcertain the limits of that province, which were extended far beyond what had been fettled as fuch by the king's proclamation of 1763. To form a legiflative council for all the affairs of that province, except taxation, which council fhould be appointed by the crown, the office to be held during pleasure; and his majesty's Canadian Roman catholic fubjects were entitled to a place in it. To establish the French laws, and a trial without jury, in civil cafes, and the English laws, with a trial by jury, in criminal. To fecure to the Roman catholic clergy, except the Regulars, the legal enjoyment of their eftates, and of their tythes from all who are of their own religion. These were the chief objects of the act. was faid in favour of them, that the French, who were a very great majority of the inhabitants of that country, having been used to live under an abfolute government, were not anxious for the forms of a free one, which they little understood or valued. That they even abhorred the idea of a popular reprefentation, obferving the mifchiefs which it introduced in their neighbouring countries. Befides these confiderations, it would be unreafonable to have a reprefentative body, out of which all the natives fhould be excluded; and perhaps dangerous to truft fuch an inftrument in the hands of a people but newly taken into the British empire. They were not yet ripe for English government. It That their landed property had been been all granted, and their family fettlements made on the ideas of French law. The laws concerning contracts and perfonal property were nearly the fame in France and England. That a trial by juries was ftrange and difguftful to them. That as to religion, it had been ftipulated to allow them perfect freedom in that respect by the treaty of Paris, as far as the laws of England permitted. The penal laws of England with refpect to religion, they faid, did not extend beyond this kingdom, and though the king's fupremacy extended further, a provifion was made in the act to oblige the Camadians to be subject to it; and an oath prescribed as a teft against fuch papal claims as might endanger the allegiance of the fubjects. That it was againft all equity to perfecute thofe people for their religion. And people have not the freedom of religion who have not their own priesthood. And as to the provifion for the payment of tythes, it was at beft only fetting down their clergy where they were found at the conqueft. In one refpect they were worfe, as no perfon profeffing the proteftant religion was to be fubject to them, which would be a great encouragement to converfions. As to the new boundary different from that established by the proclamation, it was faid that there were French scattered on feveral parts beyond the proclamation limits who ought to have provifion made for them; and that there was one entire colony at the Illinois. To this it was replied, that a form of arbitrary government eftablished by act of parliament, for any part of the British dominions, was a thing new to the hiftory of this kingdom. That it was of a moft dangerous example, and wholly unneceffary. For either the then prefent form, fuch as it was, might be fuffered to remain, merely as a temporary arrangement, tolerated from the neceffity which firft gave rife to it, or an affembly might be formed on the principles of the British conftitution; in which the natives might have fuch a share as fhould be thought convenient. That fuch an affembly was not impracticable, appeared from the example of Grenada. Why did the minifters chufe to admit the Roman, Catholicks of Canada into a legislative council, and deny the propriety of their fitting in a legiflative affembly by a free election? Nothing, faid they, could induce miniftry to embrace that diftinction, but the hatred which they have to any such affemblies, and to all the rights of the people at large. Whatever was faid of the inclination of the Canadian new fubjects, which attached them fo clofely to arbitrary power, there was nothing in their petition which looked that way. This is an experiment for fetting up an arbitrary government in one colony, which may be more patient of it than the reft, in order to extend by degrees that mode of ruling to all the others. As to a jury, it was faid, that that mode of trial was commended, and envied to this nation, by the beft foreign writers. It might have fome circumstances a little aukward at firft, like every thing else that is new; but that it was impoffible it fhould be difliked on acquaintance. Why did the bill give it in criminal cafes, if it were not an eligible mode of trial? The people could |