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men supporting government, and residing in the ing a due obedience to the authority of this coun. provinces, are now given in reversion; three or four try, and prolonging that dependence for ages to lives deep, to men living in this country. The come, How far it can be executed after what has command of the military, which was another great already passed, I am rather diffident; but of this t source of respect and obedience, is likewise taken am certain, that in case Great Britain is deprived. from the governor; so that in TRUTH he remains an of executing a measure of that na ure, which, by insignificant pageant of state, fit only to transmit pervading every transaction, secures the execution tedious accounts of his own ridiculous situation in itself, she has lost one of the greatest engines or, like the doctor of Sorbonne, to debate with his for supporting her influence throughout the emassembly about abstract doctrines in government. pire without oppression. Some men, wlio are for
simplifying government to their own compreheri. I am far from wishing to throw any blame upon sions, will not allow they can conceive that the su. governor Hutchinson, or 10 condemn him, like the
preme legislative authority shall not be paramount town of Boston, unheard. The absence of the man, in all things; and laxation being fully comprehend« and the general clamor against him, will restrained in legislation; they argue, that the power of the me from saying many things respecting his con- one must necessarily follow that of the other, and duct, which appear reprehensible. But I cannot yet we find mankind possessed of privileges, which admit a passage in the speech of a noble lord to are not to be violated in the most arbitrary coun. pass unnoticed. His lordship alleges, "that the tries. The province of Languedoc is a striking "governor could not apply to the admiral in the example in refutation of the doctrines respecting « barbor, or to the commanding officer of the taxation; which are held by such narrow observers. to troops ih the castle, for the protection of the the kingdom of Ireland is another instance in our "custom-house officers, as well as the teas in ques. dominions. There is not one argument which can "Lion, without the advice of his council.” But I beg apply for exempting Ireland from laxation by the leave to inform the noble lord; as I served in that parliament of Great Britain, that does not equally station myself, that there is a volume of instruc- protect the colonies from the power of such puttial tions to every governor on this subject, whereby judges. Every man should now call to his remembe is commanded, under the severest penalties, "to brance by what obstinate infatuation Philip the II. "give all kind of protection to trade and commerce, came to lose the United Provinces. Can it be " as well as to the officers of his majesty's customs, supposed that, in a nation so wise as Spain was at ** by his own authority, without the necessity of that time, that no man perceived the injustice and "acting through his council.” Nor can I conceive futility of the measure in dispute? But I can a possible 'excuse for the destruction of those leas, easily suppose, from the pride of authority where wbile two men of wat lay in the barbor, without our vanity is so much flattered, that no man durst the least application baving been made to the adventure a proposition for receding from that cruel mirał for protection, during so long a transaction. measure after it had been resisted by violence.
The first essential point in those disputes which These are the general heads: are now likely to become so serious, by the weak.
The particular objections to the bill åre, firet, ness of administration in this country, in following for continuing the punishment "until satisfaction Do connected plan, either of force or favor, but shall be made to the India company," without statconstantly vibrating between the two, is to put ing the amount, or what that satisfaction shall be. ourselves in the right, and for this purpose I would Next, "until peace and good order shall be cer recommend the immediate REPEAL OF THE TRA DUTY, tified to be restored,” when it is impossible, as to wbich can be vindicated upon no principles, eitber the subject in dispute, that such certificate can ever of commerce or policy. Men may allege this be granted, because the custom-house officers are would be giving up the point. But if we have no removed, and all trade and commerce probibited. better points to dispute upon, I am ready to yield Tbe numerous disputes and litigations which must the argument. Raising taxes in America for the necessarily arise in carrying this law into execu« purposes of REVEXUE, I maintain to be unnecessary tion, on contract made by parties before they could and dangerous. A stamp act, as a measure of be apprised of it, and the despatch of ships in har, police, varied for the different governments, and bor under the limited time, without any exception leaving the revenue raised thereby to be appro. for the desertion of seamen, or wind and weather, priated by the respective legislatures, 1 hold to is altogether melancholy to consider! The power be a measure of the liighest efficacy, for maintain. given to the admiral, or chief commander, to order
the ships returning from foreign voyages to such proceed different from the line which is always stations, as he shall direct, is wild, vexatious, and observed in courts of justice! Yu are now going indefinite. That of permitting his majesty to alter to alter the charter because it is convenient. In the value of all the property in the town of Boston, what manner does the house mean to take away upon restoring the port, by affixing such quays and this charter, when in fact they refuse to bear the wharves, as ue onlr shall appoint, for landing and parties, or to go through a legal course of evidence shipping of goods, is liable to such misrepresenta of the facts. Chartered rights have, at all times, tion and abuse, that I expect to see every evil fol. when attempted to be altered or taken away, low the exercise of it, and it must create infinite occasioned much bloodshed and strife; and wbatjealousies and distractions among the people. ever persons in this house have advanced, that
they do not proceed upon this business but with I am therefore ot opinion that this bill, both from crembling hands, I do also assure them that I have the principle and manner in which it has been shewn my fears upon this occasion; for I have runpassed, and from fore running the general regula.
away from every question, excepi one, to which I tions that are intended, and which ought at least
guve my negative. I do no: like to be present at 10 accompany it, instead of quieting the disturb
a business, which I think inconsistent with the ances in Boston, it will promote them still further, dignity and justice of this house; I iremble when and induce the inhabitants to cụt off all communi. I am, for fear of the consequences; and I think it cation with your ships of war, which may be pro- a little extraordinary that Mr. Bollan should be ductive of mutual hostilities, and most probably admitted to be heard as an American agent in the will end in a GENERAL REVOLT.
house of lords, when in the house of commons be
was refused. I believe it is true, that the facts set LONDON, April 26, 1774.
forth in bis petition to this house, were different An authentic account of Friday's debate on the second from those which he presented to the house of
reading of the bill for regulating the civil governo lords; in one declaring himself an inhabitant of ment of Massachusetts. Bay.
Boston, and in the other omitting it. I cannot con. Mr. Fuller said, he did not rise to make any ceive it possible to proceed on this bill upon the debate, for he was not enabled as yet to form any small ground of evidence wbich you have had opinion whether the bill before the house was a
Mr. Wolbore Ellis. I must rise, sir, with great proper bill or not; as copies of the charters which had been ordered before the house were not yei
confidence, when I differ from the honorable gen. laid, he would venture to say, that no man knew
tleman who spuke last, whose abilities are the constitution of that government; it was there. eminently great; but I think, sir, that chartered fore impossible for him to say in what manner be rights are by no means those sacred things which
never can be altered; they are vested in the crown would correct or amend it.
as a prerogative, for the good of the people at Sir George Saville said, he had not troubled the large; if the supreme legislature find that those house before on the occasion, but he could not charters so granted, are both unfit and inconvenient help observing, that the measure now before the for the public utility, they have a right to make house was a very doubtful and dangerous one; thein fit and convenient; wherever private prodoubtful as 10 the propriety of regulation, and perty is concerned, the legislature will not take dangerous as to its consequence; that charters by it away without making a full recompense; but government were sacred things, and are only to be wherever the regulation of public matter is the taken away by a due course of law, either as a object, they bave a right to correct, controul, or punishment for an offence, or for a breach of the cake it away, as may best suit the public welfare. contract, and that can only be by evidence of the The crown may some times grant improper powers facts; nor could he conceive that in either of those with regard to governments that are to be estab. cases there could be any such ibing as proceeding lished; will it not be highly proper and necessary, without a fair bearing of Both parties. This mea. that the legislature, seeing in what manner the sure before us seems to be a most extraordinary crown bas been ill-advised, should take it into exertion of legislative power. Let us suppose a their consideration, and alter it as far as necessary. lease granted to a man, wherein was a covenant, It is the legislature's duty to correct the errors the breach of which would subject him to a for- that have been established in the infancy of that feiture of bis lease—would not a court of justic constitution, and regulate them for the public wel. require evidence of the fact? Why, then, will you fare. Is a charter, not consistent with the public
good, to be continued? The honorable gentlemen'o be said, that this bill pusgo without it.- The says, much bloodshed has been occasioned by tak house being vociferous, he said, I am afraid I tire the ing away or altering of chartered rights; I grant it; house with my weak voice; if that is 'he case, I but it has always been where encroachments have will not proceed, but I do think, and it is my been made by improper parties, and the attack sincere opinion, that we are the AGGRESSORS and has been carried on by improper powers. He also INNOVATORS, and not the COLONIES. We have gays, this form of government in America ought IRRITATED and FORCED laws upon them for these not to be altered without hearing the parties; the six or seven years last past. We have enacted papers on your table, surely, are sufficient evidence such a variety of laws, with these new taxes, togeof what they have to say in their defence_look ther with a refusal :o repeal the trifling duty on only into the letter, dated the 19th November, tea; all these things have served no other purpose 1773, wherein the governor applied to the council but to distress and perplex. I think the Americans for advice, and they neglected giving it to him! have done no more than every slibject would do in and also wherein a petition was presented to the an arbitrary state, where laws are imposed against council by certain persons who applied for protec. their will. In my conscience, I think, tuxation and tion to their property during these disturbances, legislation are in this case inconsistent. Have you the council, without giving any answer, adjourned not a legislative right over Ireland? And yet no for ten days, and the governor was not able to do one will dare to say we have a right to tax. These any thing himself without their opinion. Look acts respecting America, will involve this country again, sir, into the resolution which the council and its ministers in misfortunes, and I wish I may came to when they met again, stating the total not add, in ruin. insufficiency of their power. This, surely, sir, is
Lord North. I do not consider this inatter of an evidence competent to ground this bill upon. regulation to be taking away their charters in such We have now got no further than just to alter manner as is represented; it is a regulation of gothese two parts, as stated by themselves. Surely, vernment to assist the crown; it appears to me not sir, that form of government which will not protect to be a matter of political expediency, but of your property, ought to be altered in such a man.
necessity. If it does not stand upon that ground, it ner as it may be able to do it.
stands on nothing. The account which has just now General Conway. What I intend to say will not been read to you is an authentic paper, transmitted delay the house long. I am very sure what I to government here, shewing that the council intend to say will little deserve the attention of refused in every case their assistance and advice; the house; but the subject is of that importance, and will this country sit still when they see the that it requires it. Tbe consequence of this bill colony proceeding againsi your own subjects, will be very important and dangerous. Parlia-arring and feathering your servants, denying your ment cannot break into a right without hearing laws and authority, refusing every direction and the parties. The question then is simply this:-- advice which you send? Are we, sir, seeing all Have they been heard? What! because the pa- this, to be silent, and give the governor no suppers say a murder had been committed, does it poru? Gentlemen say, let the colony come to yo'ır follow they have proved it? Audi alteram partem, bar, and be heard in their defence; though it is is a maxim I have long adhered to; but it is some not likely that they will come, when they deny thing so inconsistent with parliamentary proceed your authority in every instance, can we reinain ings not to do it, that I am astonished at it. The in this situation long? We must effectually take council are blamed because they did not give that some measures to correct and amend the defects advice to the governor which he wanted. I think, of that government. I have heard so many difsir, the governor might have acted alone, without ferent opinions in regard to our conduct in Ame. their assistance. Gentlemen will consider, that rica, I hardly know how to answer them. The this is not only the charter of Boston, or of any honorable gentleman, who spoke last, formerly particular part, but the charter of ALL America. blamed the tame and insipid conduct of govern Are the Americans not to be beard? -Do not chose ment; now he condemns this measure as harsh and to consent and agree about appointing an agent? severe. The Americans have tarred and feaihered I think there is no harm upon this occasion, in your subjects, plundered your merchants, burnt stretching a point; and I would rather have Mr. your slips, denied all obedier.ce to your laws and Bollan, as an agent of America (though he is authority; yet so clement and forbearing has our irregular in his appointment) sooner than leave it conduct been, that it is incumbent upon us now
to take a different course. Wbaiever may be the, quell the riots and disturbances? No, they
ok consequence, we must risque something; if we do none. Let me ask again, whether all the checks not, all is over, 'The measure now proposed, is and controul that are necessary, are not put into nothing more than taking the election of counsellors the commission of the governments? Much bag out of the hands of those penple, who are continually been said about hearing the parties, and taking acting in defiance and resistance of your laws. It away their chartered rights; I am of opinion, that bas also been said by gentlemer-send for the where the right is a high political regulation, you Americans to your bir-give them redress a are not in that instance bound to hear them; but twelve-month bence. Surely, sir, this cannot be the bearing of parties is necessary where private the langu.ge that is :o give effectual relief to Ame property is concerned. It is not only in the late rica; it is not, I say again, political convenience, i' proceedings, but in all former, that they have is political necessity that urges this measure; if denied your authority over them; they have rethis is not the proper method, shew me any otberfused protection to his majesty's subjects, and in which is preferable, and I will posi pone it. every instance disobeyed the laws of this country;
Sir Gorge Young It remains to me, sir, that either let this country forsake its trade with Ame. it is unansiered and unanswerable, what has been rica, or let us give that due protection to it which advanced by the hoorable gentleman wbo spoke
safety requires. second, that the parties should be heard, though
Mr. Harris. I cannot see, sir, any reason for so epen at a twelve-monih hence. Nothing, sir, but
wide a separation between America and England fatul necessity can countenance this measure. No
as other gentlemen are apt to think there ought body of men ought to be proceeded against with.
to be; that country, sir, was hatched from this, and out being beard, much less ought the regulation
I hope we shall always keep it under the shadow of a whole government to take place, without the
of our wings It has been said, no representation, parties attending in their defence against such
no txation. This was the system formerly adopted, alterations,
but I do not find it authorised in any book of juris. Governor Johnston. I see, sir, a great disposition prudence, nor do I deem it to be a doctrine either in this house to proceed in this business without reasonable or constitutional. I insist upon it, they knowing any thing of the constitution of America; are bound to obey both the crown and parliament. several inconveniences will arise if the sheriff is The last twelve years of our proceedings have been to be appointed by the governor; the jury will, of a scene of lenity and inactivity. Let us proceed course, be biassed by some influence or other; and mend our method, or else I shall lieve, as special juries will be most liable to this." (Here an honorable gentleman has observed, that we are the governor gave an account of the different riots the aggressors. which had bappened in England, and compared them with what he called the false accoun:s of
Sir Edward Astley. If we have had a twelve years those from America.] I inpute, says he, all the lenity and inactivity, I hope we shall not now misfortunes which have happened in America, to proceed to have a twelve years cruelty and opthe taking away the power of the governor. No pression. By the resolution and firmness which man of common sense can apprehend that the go.
I perceive in the house, it seems to indicate a per. veroor would ever have gone two or three days
severance in the measure now proposed, which I into the country, during these disturbances, if be
deem to be a harsh one, and unworthy of a Britisb bad the command of tbe military power. The
legislature. na ural spirit of man would be fired, in such a Mr. Ward. [The house was very noisy during manner, as to actuate himself to shew resistance; the few words which he said.)-lle found fault but in this governor na power was ludged I dis- with the charter being left too much, as to the approve much of the measure which is before us, execution of its power, in the people, and be could and I cannot but think its consequences will be not think the legislature was doing any thing, prajudicial,
which it had not a right to do, as he had looked Mr. C. Jenkincon. I rise, sir, only to observe, that upon all chariers to be granted with a particular if the color y has not that power within itself to
clause in it, expressing that it should not be taken maintain its own peace and order, the legislature away but by the parliament. should, and ought to have. Let me ask, sir, whe. Governor Pownal. I beg leave to set some gene ther the colony touk any step, in any sbape, toltlemen right, who have erred with regard to the
charters of Ainerica. The appointment of severo has a right to tax America; but, sir, it is matter of of the officers is in the governor. The charter of 1stonishment to me, bow an honorable gentleman Boston direcis, that the governor shall ask th: (Mr Conway) can be the author of bringing in of council for advice, but it does not say he shall no , declaratory law over all America, and yet saying act without it, if they refuse to give it. It is said at one and the same time, that we have no right it is criminal to do any thing without advice of the to tax America? if I was to begin to say that council; I differ greatly, sir, from that doctrine; America ought not to be taxed, and that these for I myself bave acted without in putting an end measures were not proper, I would first desire my to disturbances, in preserving the peace and good own declaratory law to be repealed; but being of order of the place; if I had been governor during opinion that the Americans are the subjects of this the late disturbances, I would have given an or. country, I will declare freely, that I think this der for the military power to attend, and then let couptry has a right to tax America; but I do not me have seen what officer dare disobey. I think say that I would put any new tax on at this par. the council are much to blame for nol co-operating ticular crisis; but when things are returned to a and assisting the governor, but I think the gover- peaceable state, I'would then begin to exercise it. nor might have acted without the council. The And I am free to declare my opinion, that I think we council are inexcusable, though not criminal, as have a right to tax Ireland, if there was a necessity they are not obliged to give it. I, sir, for my part, so to do, in order to help the mother country. If shall give my last opinion. I have always been in Ireland was to rebel and resist our laws, I would one way of thinking with regard to America, which tax it. The mother country has an undoubted I have both given here and wrote to America. They right and controul over the whole of its colonies. bave all along tended one point; but it is now Again, sir, a great deal has been said concerning no longer matter of opinion. Things are now come requisition. Pray, in what manner is it to be to action; and I must be free to tell the house, obtained? Is the king to demand it, or are we. that the Americans will resist these measures:
the legislative power of this country, to send a they are prepared to do it. I do not mean by very civil polite gentleman over to treat with their arms, but by the conversation of public town meet. assemblies? Hoy and in what manner is he to ings; they now send their letters by couriers, address that assembly? Is he to tell the speaker instead of the post, from one town to another; and that we have been exiremely ill used by our I can say your post office will very soon be de- neighbors the French; that they have attacked us prived of its revenue. With regard to the officers in several quarters; that the finances of this coun. who command the militia of that country, they try are in a bad state; and therefore we desire you will have them of their own appointment, and not will be kind enough to assist us, and give us some from government; but I will never more give an money? Is this to be the language of this coun. opinion concerning America in this house; those I try to that; and are we thus to go cap in hand? I bave given have been disregarded.
am of opinion, that if the administration of this
country had not been changed soon after passing Mr. Rigby. Upon my word, sir, what was just the stamp-act, that tax would have been collected now said, is very worthy the consideration of this with as much ease as the land-tax is in Great Brie house; and if, from what the honorable gentleman tain. I bave acted, with regard to America, one says, it is true, and I believe he is well informed, consistent part, and shall continue in it, till I hear it appears, thal America is preparing 10 arms; and better reasons to convince me to the contrary. shat the deliberations of their town meetings tend chiefly to oppose the measures of this country by force
Governor Pownal, (to explain). I apprehend I have He has told you, sir, that the Americans will ap.
been totally misunderstood. I did not assert the point other officers than those sent by government Americans were now in rebellion, but that they are to command their troops. He bas told you that going to rebel; when that comes to pass, the questhe post office is established on their account from tion will be, who was the occasion of it? Something town to town, in order to carry their traitorous has been said relative to requisition; I think I gave correspondence from one 10 nother. lle has told several instances wherein the same had been comyou the post office revenue will soon be annihilated. plied with in time of war. If these things are true, sir, I find we have been Mr. C.for. I am glad to hear from the honora. the aggressors, by continually doing acts of lenity ble gentleman who spoke last, that now is not the for these twelve years last past. I think, sir, and lime to tax America; that the only time for that I speak oui boldly when I say it, that this country' is, wben all these disturbances are quelled, and