which is to be established upon its ruins. On he general allegations of a declaratory preamble, the rights of any public body may be taken away, and any vifionary scheme of government fubftituted in their place. By this bill, the governor and council are invefted with dangerous powers, unknown to the British conftitution, and with which the king himself is not intrufted. By the appointment and removal of the sheriff at pleasure, they have the means of returning fuch juries as may best fuit with the gratification of their paffions and interefts; the life, liberty, and property of the fubject are put into their hands without control. The weak, injudicious, and inconfiftent measures of the ministry have given new force to the diftractions of America, which on the repeal of the ftamp act were fubfiding; have revived dangerous queftions, and gradually eftranged the affections of the colonies from the mother country. To render the colonies permanently advantageous, they must be SATISFIED WITH THEIR CONDITION! that fatisfaction there is no chance of restoring, but by recur ring to the principles on which the repeal of the stamp act was founded."

The next step was, to bring in a bill for the impartial administration of justice in the province of Maffachusetts bay. This bill provided, that in cafe any perfon was indicted in that province for murder or any other capital of fence, and it should appear by information given on oath to the governor, that the fact was committed in the exer-cife or aid of magistracy in fuppreffing riots, and that a fair trial could not be had in the province, he fhould fend the perfon fo indicted to any other colony, or to Great Britain, to be tried; the act to continue in force four years. This was the counter-part of the obfolete and tyrannical act of Henry VIII. lately revived for the trial in Great Britain of treafons committed in America. As that was intended for the punishment of the enemies of government, this was defigned for the impunity of its friends. The oppofition

to

to this bill in both houses, though it finally paffed by great majorities, was warm and vigorous. "By this bill," faid colonel Barré, at the close of an admirable speech, " you are offering the last of human outrages to the people in America, by fubjecting them in effect to military execution: inftead of fending them the olive branch, you have fent the naked fword. What madnefs is it that prompts you to attempt obtaining that by force, which may be with fo much more facility and certainty procured by requifition? Retract your odious exertions of authority, and remember that the first step towards making them contribute to your wants, is to reconcile them to your government." A proteft, not lefs fpirited than the former, was entered against it in the houfe of lords." This bill," faid the protesting peers," after the profcription of the port of Boston, the disfranchisement of the colony of Maffachusetts Bay, and the variety of provifions which have been made in this feffion for new-modelling the whole polity and judicature of this province, is an humiliating confeffion of the weakness and inefficacy of all the proceedings of parliament. By fuppofing that it may be impracticable, 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, and to the whole continent. 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 those who shall be indicted for murders committed under color of office, can anfwer no other purpofe. We confider 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 empowered to fend the inftruments of that violence to 3000 miles distance from the fcene of their offence,

the

the reach of their profecutor, and the local evidence which tend to their conviction."

may

It was a wonted faying of the famous Sir Francis Walfingham, "that a statesman muft obferve the joints and flexures of affairs;" but this was a fpecies of knowledge which the minifters of George III. difdained to study. All things muft, at all events, bend to their will; and if no "joints or flexures" were difcernible, the refiftance was to be overcome by acts and inftruments of political torture.

This bill being paffed, and the recefs approaching, many members were about to retire into the country, when their attention was recalled to another bill, for making more effectual provifion for the government of the province of Quebec. It paffed through the house of lords, where it originated, with unexpected facility; but met with an oppofition in the house of commons more vehement than any of the former. The principal objects of the bill were, to ascertain the limits of the province, which were now extended far beyond those settled by the proclamation of 1763, including that vaft tract of territory fouthward of the lakes, and bordering upon the great rivers Ohio and Miffifippi; to establish a legislative council, the counsellors to be appointed by the crown, and the office to be held during pleasure; to confirm the French laws and a trial without jury in civil cafes; the English laws and a trial by jury in criminal; to fecure to the Roman catholic clergy the legal enjoyment of their tythes from all who were of their own religion. The revenue of the province was configned in the first inftance to the board of treasury, for the fupport of an unlimited civil lift and the adminiftration of justice; the judges holding their office and falaries during pleasure. Thus the government of Quebec was converted into a legal defpotifm, committed by parliament into the hands of the crown; and a striking proof was exhibited to the world, what the other provinces of America had to expect, when reduced to a loyal and dutiful

fubmiffion.

fubmiffion. The provifion made by this act for the roman catholic clergy, occafioned a confiderable degree of odium and unpopularity to attend it without doors; but the zealous friends of liberty with grief and astonishment perceived, that the public at large not only acquiefced in, but approved and applauded the measures now adopted for the fubjugation and enflavement of America. So true is it, that a nation, which would risque every thing to secure its own liberty, may be not the lefs inclined, upon that account, to domineer and tyrannnize over others.

Lord Chatham's ftate of health, during the two preceding feffions, had precluded him from making any confiderable parliamentary exertions, and he had rarely attended the house on any occafion; but, finding himself at this period somewhat relieved from the preffure of his complaints, he took the opportunity, on the third reading of the bill for quartering foldiers in America, to lay before the house and the public his thoughts on this bill, and on American affairs in general, in a speech worthy of his distinguished talents and illuftrious reputation. "If," faid he, "my lords, we take a tranfient view of those motives which induced the ancestors of our fellow-fubjects in America to leave their native country, to encounter the innumerable difficulties of the unexplored regions of the western world, our astonishment at the prefent conduct of their descendants will naturally fubfide. There was no corner of the globe to which they would not have fled, rather than submit to the flavish and tyrannical spirit which prevailed at that period in their native country; and viewing them in their originally forlorn and now flourishing state, they may be cited as illuftrious inftances to fhew what great exertions mankind will naturally make, when left to the free exercise of their own powers. Notwithstanding my intention to give my hearty negative to the queftion now before you, I condemn, my lords, in the fevereft manner, the turbulent and unwarrantable conduct of the Americans in fome VOL. I. inftances,

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inftances, particularly in the late riots at Bofton; but, my lords, the mode which has been purfued to bring them back to a fenfe of their duty, is fo diametrically oppofite to every principle of found policy, as to excite my utmost aftonishment. You have involved the guilty and the innocent in one common punishment, and avenge the crime of a few lawless depredators upon the whole body of the inhabitants. My lords, the different provinces of America, in the stamp act, feemed to vie with each other in expreffions of loyalty and duty; but the moment they perceived that your inten tion to tax them was renewed, under a pretence of ferving the East India company, their refentwent got the afcendent of their moderation, and hurried them into actions, which their cooler reafon would abhor. But, my lords, from the whole complexion of the late proceedings, I cannot but incline to think, that administration has purposely irritated them into thefe violent acts, in order to gratify their own malice and revenge. What elfe could induce them to drefs Taxation, the father of American fedition, in the robes of an Eaft-India director, but to break in upon that mutual peace and harmony which then fo happily fubfifted between the colonies and mother country? My lords, it has always been my fixed and unalterable opinion, and I will carry it with me to the grave, that this country had no right under heaven to tax America. It is contrary to all the principles of justice and civil policy: it is contrary to that effential, unalterable right in nature, ingrafted into the Bri tifh conftitution as a fundamental law, that what a man has honeftly acquired is abfolutely his own, which he may free ly give, but which cannot be taken from him without his confent. Pafs then, my lords, inftead of these harsh and fevere edicts, an amnefty over their errors; by meafures of lenity and affection allure them to their duty; act the part of a generous and forgiving parent. A period may arrive, when this parent may ftand in need of every affiftance the can receive from a grateful and affectionate offspring.

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