house; and it was unavailingly urged by a few individuals, that the penal clauses of the bill should be carried into execution only on the provifo of a refusal to indemnify the company on the part of the town. Such was the indignation excited by the late atrocious violation of the laws, that the house appeared reluctant to listen to any palliative arguments or perfuafives to moderation; and it must indeed be acknowledged that the empire was now, by unexampled indiscretion, brought into a fearful and hazardous dilemma. Good policy evidently fuggefted conciliation as the grand object which ought not for a moment to be loft fight of. It was firft, and laft, and midft, in every generous and reflecting mind; but then this conciliation ought not to be accompanied with any real degradation on the part of Great Britain. It was not lefs for the advantage of America than of Britain, that the juft and constitutional authority of the mother country, upon the antient and eftablished principles of fuperiority and fubordination, should be maintained. To pafs over fuch enormities, as had now taken place, without notice or animadverfion, would indeed have been a dereliction of that authority; but great caution was neceffary, now that the paffions were awakened, fo to temper justice with lenity, as to demonftrate that the decifions of the fupreme power of the empire were neither tinctured with the meannefs of malice nor the folly of revenge. Had the penal claufes of the Boston port-bill been properly modified, and the duty on tea, which had given rife to these fatal contentions, at the fame time repealed, that is no doubt but a compenfation to the company would have been immediately voted, the honor of government would have been maintained, and a fure foundation laid for a permanent reconciliation. But how rarely are the refolutions adopted in anger founded in wisdom! The idea of this repeal was fuggested in the house of commons, but repreffed with ineffable difdain, and the bill paffed both houfes without a divifion.

Very foon after this, a fecond bill was introduced by the minifter, for the better regulating the government of the province of Maffachusetts bay. By this bill the charter of the province was entirely fubverted, and the nomination of the counsellors, judges, and magistrates of all kinds, including fheriffs, was vefted in the crown, and all those officers made removeable at PLEASURE. This bill the minister affirmed to be abfolutely neceffary, for preventing the rest of the colonies from being tainted by the feditious example of Maffachusetts Bay. The oppofition now feemed to rife into fome degree of firmnefs and vigor. It was afked, whether the colonies already regulated nearest to the manner propofed by this bill, were more fubmiffive to the right of taxation than Maffachufett's? It was afferted that the disorder lay much deeper than in any diverfities that fubfifted in the colonial forms of Government; that the people throughout the whole extent of that vaft continent were univerfally diffatisfied, and the uneafiness and refiftance were no lefs in the royal governments than in any other. By an invafion of the charter, the cause of Maffachusetts will be made the common caufe of all the colonies, who have no other or better fecurity for the continuance of their own." It was finally carried by a prodigi⚫ous majority of 239 againft 64 voices, May 2, 1774. In the house of lords the bill did not pafs without the severest ftrictures; the final divifion on the general question was 92 to 20, and an animated and excellent protest against it was figned by eleven peers, amongst whom were the dukes of Richmond and Portland, and the marquis of Rockingham. "Before the rights of the colony of Maffachusetts Bay, which they derive from their charter, are taken away, the definite legal offence by which a forfeiture of that charter is incurred," fay their lordships, "ought to have been clearly stated, and the parties heard in their own defence; and the mere celerity of a decifion against it will not reconcile the minds of the people to that mode of government

1

which is to be established upon its ruins. On the 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 invested with dangerous powers, unknown to the British constitution, 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 suit 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 distractions of America, which on the repeal of the stamp act were subfiding; have revived dangerous questions, 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 reftoring, but by recur ring to the principles on which the repeal of the ftamp 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 offence, and it should appear by information given on oath to the governor, that the fact was committed in the exercife 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," said colonel Barré, at the clofe of an admirable speech, "you are offering the laft of human outrages to the people in America, by subjecting them in effect to military execution: instead of fending them the olive branch, you have fent the naked fword. What madness is it that prompts you to attempt obtaining that by force, which may be with fo much more facility and certainty procured by requifiti on? Retract your odious exertions of authority, and remember that the firft ftep 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 supposing that it may be impracticable, by any means that the public wisdom 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 yirtual indemnity provided by this bill for those who shall be indicted for murders committed under color of office, can answer no other purpofe. We confider that to be an indemnity which renders trial and consequently punishment impracticable; and trial is impracticable when the very governor, under whose authority acts of violence may be committed, is empowered to fend the inftruments of that violence to 3000 miles distance from the scene of their offence,

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

It was a wonted faying of the famous Sir Francis Walfingham, that a ftatefman muft obferve the joints and flexures of affairs;" but this was a species of knowledge which the minifters of George III. difdained to ftudy. 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 instruments 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 afcertain 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 instance to the board of treasury, for the fupport of an unlimited civil lift and the administration 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 ftriking proof was exhibited to the world, what the other provinces of America had to expect, when reduced to a loyal and dutiful

fubmiffion.