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"merited on account of disaffection, all these were equally disaffected: if "the punishment was intended merely on account of the outrage, there "was no evidence that all the Bostonians were concerned. Why then "should they be all implicated in the punishment? Time should be "allowed for finding out the guilty, instead of hurrying the bill through parliament." He combated all the arguments of lord North in support of the measure in general, and especially the justice of punishing the citizens for crimes committed through want of attention to their police, with great ability, and was supported by governor Johnstone, Mr. Dempster, colonel Barré and others: but the bill was passed without a division; || and was to continue in force till full and ample satisfaction should be made to the East India company for the damage they had sustained, and his majesty in council should declare himself satisfied as to the restoration of peace and good order in the town.*

Thus were the inhabitants of Boston chastised for the outrages committed there. But as this afforded no security to the state against the commission of the same crimes in future, as long as the same magistrates were continued in office who had indirectly countenanced them by a refusal to adopt proper means to prevent them, and the same system of government under which they

*

able.

|| March 25.

The unanimity and zeal with which this act was opposed in the provinces are very remark"Within little more than a month," says Ramsay, "After the news of the Boston port "bill reached America, it was communicated from state to state, and a flame was kindled in almost every breast through the widely extended provinces.

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"In order to understand the mode by which this flame was spread with such rapidity over so great

an extent of country, it is necessary to observe, that the several colonies were divided into counties, " and these again sub-divided intodistricts, distinguished by the names of towns, townships, precincts, "hundreds, or parishes. In New England the sub-divisions which are called towns, were by law, bo"dies corporate-had their regular meetings, and might be occasionally convened by their proper "officers. The advantages derived from these meetings, by uniting the whole body of the people in the measures taken to oppose the stamp act, induced other provinces to follow the example. Accord❝ingly, under the association which was formed to oppose the revenue act of 1767, committees were "established not only in the capitals of every province, but also in most of the subordinate dis❝tricts. Great Britain, without designing it, had, by her two preceding attempts at American revenue, taught her colonies not only the advantages, but the means of union. The system of "committees, which prevailed in 1765, and also in 1767, was revived in 1774. By them there 66 was a quick transmission of intelligence from the capital towns through the subordinate districts to the whole body of the people, and an union of councils and measures was effected among "widely disseminated inhabitants.”—Ramsay's American Revolution. 1. 119.

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d Bisset. 1. 283.

1774

1774

they had been committed, it was thought necessary to bring in a bill" for "the better regulating government in the province of Massachusets Bay." -That there was a defect in the executive government of the province was obvious in the late affair. And yet the remedy proposed, which was nothing less than to alter the constitution as it stood by the charter which king William had granted them, and to take the whole power out of the hands of the citizens, and to vest it in the crown, which was in future to have the nomination of counsellors, judges, and magistrates of all kinds, was deemed, by the strenuous advocates of liberty, such a violation of civil immunities as no emergency could justify. Other corporations, they said, had been deprived of their charters in the reigns of Charles and James the Second, and these deprivations, though in consequence of charges regularly brought against them, were numbered among the most exceptionable measures of two reigns which were notorious for infringements on the rights of the people. But, in this instance, the same punishment was inflicted, and that too on a whole province, without a previous hearing of what the persons accused could allege in vindication of themselves.-In defiance of all the powers of eloquence which was displayed in opposition to the bill in both houses, it was passed by great majorities; † but not without a strong protest by that respectable though small minority in the upper house, at the head of whom were the dukes of Richmond and Portland, and the marquis of Rockingham; who had taken the same means of expressing their disapprobation of the Boston port bill.

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This was an important point secured in that system which the senate deemed it necessary to introduce, to enforce obedience in a province which had led the way in all acts of resistance to its authority. But it was apprehended that the acts might fail of the desired effect from the danger attending the execution of them. A third bill was, therefore, brought in for the impartial administration of justice in the cases of persons questioned for any acts done by them in the execution of the laws, or for the suppression "of riots and tumults in the province of Massachusets Bay." This act provided, "that in case any person was indicted in that province for any "capital offence, and that it shall appear to the governor that it was com"mitted

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+ May 11,

Annual Register. 71.

"mitted in the exercise or aid of magistracy in suppressing tumults, and "that a fair trial cannot be had in the province, he shall send the person so "indicted to any other colony or to Great Britain to be tried."-This was opposed by the same party which had exerted themselves against the preceding acts, as a method to procure impunity to the supporters of the measures which the present administration meant to adopt in the provinces, and with the same result. The bill was passed into an act, which was to continue in force during four years.

Before this memorable session was closed, another bill was brought forward, which made a very unfavourable impression on the public mind with regard to the system of government which the ministry intended to introduce into the colonies: that was a bill "for making more effectual "provision for the government of the province of Quebec in North "America. The objects of this were to ascertain the limits of the province, which were now extended far beyond those settled by the proclamation of 1763: to establish a legislative council, the members of which were to be appointed by the crown, and to hold their offices during pleasure; and whose powers were to extend to all matters except taxation: to confirm the French laws and a trial without jury in civil cases, and the English law, with a trial by jury, in criminal ones: to secure the roman catholic clergy, except the regulars, the legal enjoyment of their estates; and of their tythes from all who are of their own religion.-Here was a manifest intention, it was asserted, to establish a government without an idea of representation, or a possibility of interference on the part of the people. In support of the measure it was advanced, that the system of government was such as the people had been accustomed to and approved, and was adapted to the circumstances of the province. This plea did not, however, satisfy the minority; who were, at this period, awake to the least symptom in the state of a disposition to extend its authority. They said, in reply to the arguments of the minister that the Canadians had never expressed their attachment to such a system; and that the establishment of an arbitrary government in any part of the British dominions would have a dangerous tendency, and might lead to further alterations in the administra

tion

1774

f Annual Register. 72.

May 20.

1774

tion of the provinces, when the ministry, emboldened by success, should think it advisable to make them.-This bill having received the legislative sanction, his majesty dismissed the parliament with warm expressions of the sense he had of its zeal and attention to the public welfare. ||

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The advocates of coercive measures entertained sanguine hopes of success when they saw the executive power thus supported by the legislature, and its authority reinforced for the approaching contest with the colonies. The secret enemies to the peace But their prospect was soon over-cast. and welfare of Great Britain soon had the satisfaction to observe that her government had been deceived in the representations given it of the character and disposition of the colonists, or had speculated upon erroneous principles in its conduct towards them. They were convinced by the events which ensued that the duty on tea, trifling as it was in itself, was considered as introductory to an unconstitutional mode of raising a revenue on the colonies, subversive of their liberties; and that it would be opposed with a firmness correspondent with these sentiments.-The vessel which brought the Boston port bill arriving in the harbour immediately before that on board which was general Gage, who was newly appointed governor of Massachusets Bay, copies of it were dispersed with incredible rapidity through the province, printed on paper with a black border, symbolical of mourning, and were hawked about as a barbarous, cruel, and inhuman murder. The desired effect was instantly produced: a universal ferment took place; the populace venting their rage by burning the copies; and the provincial assembly expressing their condemnation of its principle by passing resolutions to oppose its effects.

h

Among the sentiments by which the ministry had been misled was that which taught them to believe that rivalship and a difference of religious and political principles would prevent the colonists from acting with unanimity. And it was imagined that the Boston port bill, whilst it chastised the inhabitants of that town, would also supply an occasion of disunion, by giving the other ports an opportunity of deriving benefit from the interruption of trade to Boston. Some such apprehensions seemed to be entertained by the citizens themselves. But they were soon done away by the generous

Ann. Regist. 78.

June 22.

h Stedman. 1. 92.

behaviour

behaviour of their neighbours; who consoled them in their distress by offering them the use of their wharfs and warehouses.-That of the other provinces, moreover, corresponded with their most sanguine expectations. Rivalship giving way to a regard for the general welfare, when the Bostonians invited them to unite in a resolution to discontinue all intercourse with the mother country till the Boston port bill should be repealed, they instantly evinced by their proceedings that they considered the dispute between them and the state as a common cause. The assembly of Virginia passed a resolution strongly expressing their determination; appointing the first of June, when the operation of the bill was to commence, as a day of fasting and prayer," to implore the Divine interposition, to avert

the heavy calamity which threatened destruction to their civil rights, with "the evils of a civil war; and to give one heart and one mind to the peo"ple firmly to oppose every injury to the American rights."-A letter addressed by the Pensylvanians to the citizens of Boston manifested that, although their ardour was tempered with prudence, and a desire to preserve a good understanding with the mother country led them to recommend a trial of lenient measures before they should proceed to extremities, yet they were equally firm in their resolution to maintain their common rights. * The same sentiment prevailed throughout the whole continent—that their charters would be of no avail, and their rights and immunities would be lost, unless this offensive bill were cancelled, and the principles of it disavowed by the British government.

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In this state, so unpropitious to the views of government, were the colonies, when general Gage arrived at Boston. He had served with repute in America; and was personally respected. But the nature of his present commission precluded a possibility of his availing himself of these circumstances to heal the wounds which the measures of state had given.—He was received with the usual honours. But when, on the first provincial assembly, he gave them notice that they were to remove to Salem on the first of June, which, from that time, was to be considered as the seat of government, he was thenceforth viewed as the instrument of their chastisement. Animated by the friendly addresses which they had received from the other

1774

+ May 13.

i Stedman. 1. 94.

Ramsay. 1. 114. 117:

VOL. II.

X

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