gruous with the plan of the adminiftration of juftice 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 pleafure, 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 theriff, a magiftrate of great importance to the whole adminiftration, and execution of all justice, civil and criminal, 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 licentioufnefs of power. 6thly, Because we fee in this bill the fame fcheme 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 inau fpicious 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 compenfation 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 ftated 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 uni, verfal 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 queftion for paffing that penal bill, of the ab. fence of thofe Lords, who had debated it for feveral hours, and ftrongly 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 pass without animadverfion, Lords might think themselves obliged to reiterate 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 unadvised scheme of taxing the colonies, in a manner new, and unfuitable to their fituation and conftitutional circumstances. Parliament has afferted the authority of the legiflature 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 ule 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 Supply, 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 affemblies; as being far more beneficial, far more eafily 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 standing policy of this empire. The unhappy departure from it, has led to that courfe of shifting and contradictory measures, which have fince given rife to fuch continued diftractions; by which unadvised 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 fhould 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. fatisfaction we see no chance of reftoring, whatever measures may be purfued, except by recurring, in the whole, to the wife and falutary principles on which the ftamp act was repealed. Richmond, Portland, That Rockingham, Abergavenny, 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 pass; The queftion was put, whether this bill fhall país? 'It was refolved in the affirmative. Contents Not Contents DISSENTIENT, 43 T 12 S 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, Becaufe, after the profcription of the port of Bofton, the disfranchisement 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 believed 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 truft the perfons fo acting to their fellow colonifts 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 govern- ing 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, office, can answer no other purpofe. We consider that to be an indemnity which renders trial, and confequently punishment impracticable. And trial is impracticable when the very governor, under whofe authority acts of violence may be committed, is impowered to fend the inftruments of that violence to three thousand miles diftance from the scene of their offence, the reach of their profecutor, and the local evidence which may tend to their conviction. The authority given by this bill to compel the tranfportation from America to Great-Britain, of any number of witnesses at the pleasure of the parties profecuting and profecuted, without any regard to their age, fex, health, circumftances, bufinefs or duties, feems to us fo extravagant in its principle, and so impracticable in its execution, as to confirm further in our opinion of the fpirit which animates the whole fyftem of the prefent American regulations. us A Proclamation, for diffolving this prefent Parliament, and declaring the calling of another. GEORGE R. THEREAS we have thought Wfit, by and with the advice of our privy council, to diffolve this prefent parliament, which now ftands prorogued to Tuesday the 15th of November next: we do, for that end, publish this our roya proclamation; and do hereby dif folve the faid parliament accordingly and the Lords fpiritual and temporal, and the knights, citizens, and burgeffes, and the commiffioners for fhires and burghs, of the houfe of commons, are discharged from their meeting and attendance, on Tuesday the faid 15th day of November next. And we being defirous and refolved, as foon as may be, to meet our people, and to have their advice in parliament, do hereby make known, to all our loving fubjects, our royal will and pleafure to call a new parliament: and do hereby further declare that, with the advice of our privy council we have, this day, given order to our chancellor of Great Britain to iffue out writs, in due form, for calling a new parliament; which writs are to be attested on Saturday the 1ft day of October next, and to be returnable on Tuesday the 29th day of November following. Given at our court at St. James's the 30th day of September, 1774, in the 14th year of our reign... attempts in that and other provinces of America, to obftruct, by unlawful combinations, the trade of this kingdom.. To return his majefty our humble thanks for having been pleafed to communicate to us, that he has taken fuch measures, and given fuch orders, as his majefty hath judged most proper and effectual for the protection and fecurity of the commerce of his majesty's fubjects, and for carrying into execution the laws, which were paffed in the laft feffion of the late parliament, relative to the province of the Maffachufett's Bay. To exprefs our entire fatisfaction in his majetty's firm and fted faft refolution to continue to fupport the fupreme authority of the legiflature over all the dominions of his crown, and to give his majesty the ftrongest affurances that we will chearfully co-operate in all fuch meafures as fhall be neceffary to maintain the dignity, fafety, and welfare of the British empire. That as this nation cannot be unconcerned in the common intereft of Europe, we have the greateft fatisfaction in being acquainted with the conclufion of the peace -between Ruffia and the Porte; that we confide in his majesty's endeavours to prevent, as far as poffible, the breaking out of fresh difturbances; and from the affurances given to his majefty by other powers, we have the pleafing expectation that nothing is likely to intervene that may interrupt the prefent happy tranquillity in Eu rope. That it is no lefs our duty than our inclination to proceed with temper and unanimity in our deliberations and refolutions, and to inculcate, by our example, a due reverence for the laws, and a juft fenfe of the excellency of our conftitution; and, impreffed with the deepest gratitude for the many bleffings we have enjoyed during the courfe of his majesty's reign, to teftify with unaffected zeal at this conjuncture our inviolable fidelity to his majefty, and our ferious attention to the public welfare. Then an amendment was propofed to be made to the faid motion, by inferting, after the word throne, at the end of the first paragraph, these words: To defire his majesty would be graciously pleased to give direction for an early communication of the accounts which have been received concerning the state of the colonies, that we may not proceed to the confideration of this most critical and important matter, but upon the fulleft information; and when we are thus informed, we fhall, without delay, apply ourselves with the most earnest and ferious zeal to fuch meafures as fhall tend to fecure the honour of his majefty's crown, the true dignity of the mother country, and the harmony and happiness of all his majesty's dominions. Which being objected to, The queftion was put, whether these words fhall be inferted in the faid motion? It was refolved in the negative. Not contents 132 63 DISSENTIENT. Because we cannot agree to commit ourselves with the careless facility of a common address of compliment, in expreflions, which may lead to measures in the event fatal to |