men supporting government, and residing in the ing a due obedience to the authority of this counprovinces, 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 command of the military, which was another great source of respect and obedience, is likewise taken from the governor; so that in TRUTH he remains an insignificant pageant of state, fit only to transmit tedious accounts of his own ridiculous situation: or, like the doctor of Sorbonne, to debate with his assembly about abstract doctrines in governmen. come. How far it can be executed after what has already passed, I am rather diffitent; but of this I am certain, that in case Great Britain is deprived of executing a measure of that nature, which, by pervading every transaction, secures the execution in itself, she has lost one of the greatest engines for supporting her influence throughout the em pire without oppression. Some men, who are for simplifying government to their own comprehen. I am far from wishing to throw any blame upon sions, will not allow they can conceive that the sugovernor Hutchinson, or to condemn him, like the preme legislative authority shall not be paramount town of Boston, unheard. The absence of the man, in all things; and taxation being fully comprehendand 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 harbor, or to the commanding officer of the taxation, which are held by such narrow observers. troops in 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 tion, WITHOUT the advice of his council." But I beg apply for exempting Ireland from taxation 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 partial tions to every governor on this subject, whereby he is commanded, under the severest penalties, "to "give all kind of protection to trade and commerce, *as well as to the officers of his majesty's customs, "by his own authority, without the necessity of "acting through his council." Nor can I conceive a possible excuse for the destruction of those teas, while two men of war lay in the harbor, without the least application having been made to the admiral for protection, during so long a transaction. judges. Every man should now call to his remem. brance by what obstinate infatuation Philip the If. came to lose the United Provinces. Can it be supposed that, in a nation so wise as Spain was at that time, that no man perceived the injustice and futility of the measure in dispute? But I can easily suppose, from the pride of authority where our vanity is so much flattered, that no man durst venture a proposition for receding from that cruel measure after it had been resisted by violence. These are the general heads: The first essential point in those disputes which are now likely to become so serious, by the weakThe particular objections to the bill are, first, ness of administration in this country, in following for continuing the punishment “until satisfaction no 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 cerrecommend the immediate REPEAL OF THE TEA DUTY, tified to be restored," when it is impossible, as to which can be vindicated upon no principles, either 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 prohibited. better points to dispute upon, I am ready to yield The numerous disputes and litigations which must the argument. Raising taxes in America for the necessarily arise in carrying this law into execupurposes of REVENUE, 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, I hold to is altogether melancholy to consider! The power be a measure of the highest efficacy, for maintain-given to the admiral, or chief commander, to order 25. In 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? You are now going indefinite. That of permitting his majesty to alter to alter the charter because it is convenient. 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 hear the wharves, as HE ONLY 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 follow the exercise of it, and it must create infinite jealousies and distractions among the people. when attempted to be altered or taken away, occasioned much bloodshed and strife; and whatever persons in this house have advanced, that they do not proceed upon this business but with I am therefore of opinion that this bill, both from trembling 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 regulaaway from every question, except one, to which I tions that are intended, and which ought at least gave my negative. I do not like to be present at to accompany it, instead of quieting the disturba business, which I think inconsistent with the ances in Boston, it will promote them still further, dignity and justice of this house; I tremble when and induce the inhabitants to cut off all communi-1 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. Boilan 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. LONDON, April 26, 1774. An authentic account of Friday's debate on the second reading of the bill for regulating the civil government of Massachusetts Bay. house of lords, when in the house of commons he was refused. I believe it is true, that the facts set forth in his petition to this house, were different from those which he presented to the house of lords; in one declaring himself an inhabitant of Boston, and in the other omitting it. I cannot conceive it possible to proceed on this bill upon the small ground of evidence which you have had Mr. Welbore Ellis. I must rise, sir, with great confidence, when I differ from the honorable gen. tleman who spoke last, whose abilities are so Mr. Fuller said, he did not rise to make any debate, for he was not enabled as yet to form any opinion whether the bill before the house was a proper bill or not; as copies of the charters which had been ordered before the house were not yet laid, he would venture to say, that no man knew 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 he would correct or amend it. rights are by no means those sacred things which never can be altered; they are vested in the crown 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; them fit and convenient; wherever private prodoubtful as to 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 have a right to correct, controul, or punishment for an offence, or for a breach of the take 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 estabcases there could be any such thing as proceeding lished; will it not be highly proper and necessary, without a fair hearing of Boru parties. This mea that the legislature, seeing in what manner the sure before us seems to be a most extraordinary crown has 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 nave been established in the infancy of that feiture of his lease-would not a court of justice constitution, and regulate them for the public welrequire 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 passed 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 the 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 says, 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, toge. of what they have to say in their defence-look ther with a refusal to 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 subject 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, taxation 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. 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 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. These Lord North. I do not consider this matter of 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. The consequence of this bill colony proceeding against 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 port? Gentlemen say, let the colony come to your 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 remain 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 dif sir, the governor might have acted alone, without ferent opinions in regard to our conduct in Ametheir 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 governAre the Americans not to be heard? --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 feathered 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 ships, denied all obedience 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. Whatever may be th, quell the riots and disturbances? No, they took 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 has out of the hands of those people, who are continually been said about hearing the parties, and taking acting in defiance and resistance of your laws. It has also been said by gentlemen-send for the Americans to your bir-give them redress a twelve-month hence. Surely, sir, this cannot be the language that is to give effectual relief to Ame rica; it is not, I say again, political convenience, i is political necessity that urges this measure; if this is not the proper method, shew me any other which is preferable, and I will postpone it. Sir George Young It remains to me, sir, that it is unanswered and unanswerable, what has been advanced by the honorable gentleman who spoke second, that the parties should be heard, though even at a twelve-month hence. Nothing, sir, but fatal necessity can countenance this measure. No body of men ought to be proceeded against without being heard, much less ought the regulation of a whole government to take place, without the parties attending in their defence against such alterations, away their chartered rights; I am of opinion, that where the right is a high political regulation, you are not in that instance bound to hear them; but the hearing of parties is necessary where private' property is concerned. It is not only in the late proceedings, but in all former, that they have denied your authority over them; they have refused protection to his majesty's subjects, and in every instance disobeyed the laws of this country; either let this country forsake its trade with America, or let us give that due protection to it which safety requires. Mr. Harris. I cannot see, sir, any reason for so wide a separation between America and England as other gentlemen are apt to think there ought to be; that country, sir, was hatched from this, and I hope we shall always keep it under the shadow of our wings. It has been said, no representation, no taxation. This was the system formerly adopted, but I do not find it authorised in any book of jurisGovernor 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 wili, 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 believe, 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 happened in England, and compared them with what he called the false accounts of Sir Edward Astley. If we have had a twelve years those from America.] I impute, 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 I perceive in the house, it seems to indicate a perman of common sense can apprehend that the go. severance in the measure now proposed, which I vernor would ever have gone two or three days deem to be a harsh one, and unworthy of a British into the country, during these disturbances, if he had the command of the military power. The legislature. na ural spirit of man would be fired, in such a manner, as to actuate himself to shew resistance; but in this governor no power was lodged I disapprove much of the measure which is before us, and I cannot but think its consequences will be prejudicial, Mr. Ward. [The house was very noisy during the few words which he said.]—He found fault with the charter being left too much, as to the execution of its power, in the people, and he could not think the legislature was doing any thing, which it had not a right to do, as he had looked upon all charters to be granted with a particular clause in it, expressing that it should not be taken away but by the parliament. Mr C. Jenkinson. I rise, sir, only to observe, that if the colony has not that power within itself to maintain its own peace and order, the legislature should, and ought to have. Let me ask, sir, whe. Governor Pownal. I beg leave to set some gen. ther the colony took any step, in any shape, to tlemen right, who have erred with regard to the has a right to tax America; but, sir, it is matter of charters of America. The appointment of several of the officers is in the governor. The charter of Boston directs, that the governor shall ask the council for advice, but it does not say he shall not act without it, if they refuse to give it. It is said it is criminal to do any thing without advice of the council; I differ greatly, sir, from that doctrine; for I myself have acted without in putting an end to disturbances, in preserving the peace and good order of the place; if I had been governor during the late disturbances, I would have given an order for the military power to attend, and then let me have seen what officer dare disobey. I think the council are much to blame for not 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. have all along tended to 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, the legislative power of this country, to send a very civil polite gentleman over to treat with their assemblies? How and in what manner is he to address that assembly? Is he to tell the speaker that we have been extremely ill used by our neighbors the French; that they have attacked us in several quarters; that the finances of this country are in a bad state; and therefore we desire you will be kind enough to assist us, and give us some money? Is this to be the language of this coun. try to that; and are we thus to go cap in hand? I am of opinion, that if the administration of this country had not been changed soon after passing the stamp-act, that tax would have been collected with as much ease as the land-tax is in Great Bri tain. I have acted, with regard to America, one consistent part, and shall continue in it, till I hear better reasons to convince me to the contrary. that the Americans will resist these measures: they are prepared to do it. I do not mean by arms, but by the conversation of public town meet. ings; they now send their letters by couriers, instead of the post, from one town to another; and I can say your post office will very soon be deprived of its revenue. With regard to the officers who command the militia of that country, they will have them of their own appointment, and not from government; but I will never more give an opinion concerning America in this house; those have given have been disregarded. I Mr. Rigby. Upon my word, sir, what was just now said, is very worthy the consideration of this -house; and if, from what the honorable gentleman says, it is true, and I believe he is well informed, it appears, that America is preparing to arms; and that the deliberations of their town meetings tend chiefly to oppose the measures of this country by force He has told you, sir, that the Americans will ap point other officers than those sent by government to command their troops. He has told you that the post office is established on their account from town to town, in order to carry their traitorous correspondence from one to another. He has told you 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. Fox. 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 time to tax America; that the only time for that I speak out boldly when I say it, that this country' is, when all these disturbances are quelled, and Governor Pownal, (to explain). I apprehend I have been totally misunderstood. I did not assert the Americans were now in rebellion, but that they are going to rebel; when that cornes to pass, the question will be, who was the occasion of it? Something has been said relative to requisition; I think I gave several instances wherein the same had been com |