in effect they had none before. You do not, faid he, fcreen guilt, you only protect innocence. That we must thew the Americans we will no longer fit quietly under their infults; and that even when roufed, our measures are not cruel and vindictive, but neceifary and efficacious. This is the last act he had to propofe in order to perfect the plan. That the reft depended on the vigilance of his majefty's fervants in the execution of their duty; which he affured them should not be wanting. That the ufual relief of four regiments for America, had been all ordered to Bofton. That General Gage, in whofe abilities he placed great reliance, was fent as governor and commander in chief. That while proper precautions were taken for the fupport of magiftracy, the fame fpirit was fhewn for the punithment of offenders; and that profecutions had been ordered against those who were the ringleaders in fedition. That every thing fhould be done firmly, yet legally and prudently, as he had the advantage of being aided by the ableft lawyers. That he made no doubt, that by the fteady execution of the meafures now taken, obedience and the bleflings of peace would be reftored. The event, he predicted, would be advantageous and happy to this country. The minority oppofed this bill with the fame vehemence with which they combated the former. And first, they denied the foundation of the whole bill, "That it. could tend to the procuring of an impartial trial.” For if a party 1pirit against the authority of Great Britain would condemn an active officer there as a murderer, the fame party spirit for preferving the authority of Great-Britain, might acquit a murderer here, as a spirited performer of his duty. There is no abfolute fecurity againft the effect of party fpirit in judicial proceedings, when mens minds are inflamed with public contefts. But before the people there are judged unworthy of the exercife of the rights which the conftitution has given them, fome abufe ought to be proved. But has, faid they, any proof been given or attempted of fuch an abufe? The cafe of Captain Prefton was recent. This officer and fome foldiers had been indicted at Bofton for murder, for killing fome perfons in the fuppreflion of a riot. This is the very cafe the acts fuppofes. How did the trial turn out? He was honourably acquitted. Therefore the bill is not only unfupported, but contradicted by fact. They infifted, that, having no fort of reason for impeaching the tribunals of America, the real intention was to fet up a military government; and to provide a virtual indemnity for all the murders and other capital outrages which might be committed by that barbarous kind of authority. For they atked, how the relations of a murdered man could poffibly profecute, if they must come three thousand miles from their families and occupations to do it? The charges of the witneffes were to be borne out of the cuftoms, but the governor was to judge how much ought to be allowed; and they could not conceive, that any man would voluntarily offer himself as a witness, when by that means, upon a meer payment of charges, he was to be removed fo far from his native country. Every man of common sense would fly from fuch an office. But not only the houfe has fallen "into this error, but the people The approve of the measure. people, I am forry to say it, are "mifled. But a fhort time will prove the evil tendency of this "bill. If ever there was a nation running headlong to its ruin, it "is this.' The bill paffed the house on the fixth of May, and being carried up to the house of peers, occafioned warm debates upon the fame principles upon which it was difcuffed in the houfe of commons. The lords of the minority entered on this, as on the former bill, a very ftrong proteft. Neither houfe was full during the debates on this bill, as the arguments on the two latter bills had been all along very much blended; and the parties had tried their ftrength by divifion on the bill for altering the Maffachufett's charter. On both queftions, however, the numbers of the minority had all along continued very low and difproportioned. if the charges of the witneffes were The debate on this bill was even more warm than on the former, and the publications of the time quote an old member who is rarely in oppofition, as having ended his 1peech with these remarkable words: "I will now take my "leave of the whole plan-you "will commence your ruin from "this day. I am forry to fay, that The feffion was drawing near to the ufual time of recefs; and the greatest number of the members, fatigued with a long attendance on the American bills, were retired into the country. In this fituation, a bill which has engaged a great deal of the public attention was brought into the house of lords: "The bill for making more effec"tual provifion for the govern"ment of the province of Quebec "in North America." This paffed through that houfe with very little if any obfervation. But when it came down to the houfe of commons it met with a very different reception. A difpofition immediately appeared in that haute houfe to criticife it with unufual feverity. The party for miniftry feemed to be a little alarmed at this fpirit, partly becaufe, from its eafy paffage through the house of lords, it was not so much expected; but principally, becaufe they apprehended it would create more unealinefs among the people out of doors than any of the former bills. In this cafe the paffions which had been excited by the disorders in America, did not operate in their favour. And as the act had for a part of its objects eftablishments touching religion, it was far more likely to give occafion for popular complaint. The miniftry therefore found it neceffary not to carry things with fo high an hand as in the preceding bills. They admitted that this bill came down to the houfe of commons in a very imperfect state; and that they would be open to any reasonable alterations and amendments. This plan might be difcuffed more at leifure than that for regulating the colony of Maffachufett's Bay; in that cafe it was neceffary to thew a degree of vigour and decifion, or all government might be loft and all order confounded. But here they were not fo much preffed; for though that government wanted regulation extremely, yet the people were difpofed to peace and obedience. A good deal of time was spent in going through this affair; great altercations arofe in the committee; many witneffes were examined, Among these were general Carleton, governor of Canada; Mr. Hay, chief justice of that province; - Mr. Mazeres, curfitor baron of the Exchequer, late attorney general there, and agent to the English inhabitants of Canada; Dr. Mar riot, the king's advocate general in England; Monf. Lolbiniere, a French gentleman of confiderable property in Canada. The principal objects of the Quebec bill were to afcertain the limits of that province, which were extended far beyond what had been fettled as fuch by the king's proclamation of 1763. To form a legiflative council for all the affairs of that province, except taxation, which council fhould be appointed by the crown, the office to be held during pleafure; and his majesty's Canadian Roman catholic fubjects were entitled to a place in it. To eftablish the French laws, and a trial without jury, in civil cafes, and the English laws, with a trial by jury, in criminal. To fecure to the Roman catholic clergy, except the Regulars, the legal enjoyment of their eftates, and of their tythes from all who are of their own religion. These were the chief objects of the act. It was faid in favour of them, that the French, who were a very great majority of the inhabitants of that country, having been used to live under an abfolute government, were not anxious for the forms of a free one, which they little understood or valued. That they even abhorred the idea of a popular reprefentation, obferving the mifchiefs which it introduced in their neighbouring countries. Befides thefe confiderations, it would be unreafonable to have a reprefentative body, out of which all the natives fhould be excluded; and perhaps dangerous to truft fuch an inftrument in the hands of a people but newly taken into the British empire. They were not yet ripe for English government. That their landed property had been been all granted, and their family fettlements made on the ideas of French law. The laws concerning contracts and perfonal property were nearly the fame in France and England. That a trial by juries was ftrange and difguftful to them. That as to religion, it had been ftipulated to allow them perfect freedom in that refpe&t by the treaty of Paris, as far as the laws of England permitted. The penal laws of England with refpe&t to religion, they faid, did not extend beyond this kingdom, and though the king's fupremacy extended further, a provifion was made in the act to oblige the Canadians to be fubject to it; and an oath prescribed as a teft against fuch papal claims as might endanger the allegiance of the fubjects. That it was against all equity to perfecute thofe people for their religion. And people have not the freedom of religion who have not their own priesthood. And as to the provifion for the payment of tythes, it was at beft only fetting down their clergy where they were found at the conqueft. In one refpect they were worse, as no perfon profeffing the proteftant religion was to be fubject to them, which would be a great encouragement to converfions. As to the new boundary different from that established by the proclamation, it was faid that there were French fcattered on feveral parts beyond the proclamation limits who ought to have provifion made for them; and that there was one entire colony at the Illinois. To this it was replied, that a form of arbitrary government eftablifhed by act of parliament, for any part of the British dominions, was a thing new to the hiftory of this kingdom. That it was of a moft dangerous example, and wholly unneceffary. For either the then prefent form, fuch as it was, might be fuffered to remain, merely as a temporary arrangement, tolerated from the neceffity which firft gave rife to it, or an affembly might be formed on the principles of the British conftitution; in which the natives might have fuch a share as fhould be thought convenient. That fuch an affembly was not impracticable, appeared from the example of Grenada. Why did the minifters chufe to admit the Roman Catholicks of Canada into a legiflative council, and deny the propriety of their fitting in a legiflative affembly by a free election? Nothing, faid they, could induce miniftry to embrace that diftinction, but the hatred which they have to any fuch affemblies, and to all the rights of the people at large. Whatever was faid of the inclination of the Canadian new fubjects, which attached them fo clofely to arbitrary power, there was nothing in their petition which looked that way. This is an experiment for fetting up an arbitrary government in one colony, which may be more patient of it than the reft, in order to extend by degrees that mode of ruling to all the others. As to a jury, it was faid, that that mode of trial was commended, and envied to this nation, by the best foreign writers. It might have fome circumftances a little aukward at firft, like every thing else that is new, but that it was impoffible it fhould be difliked on acquaintance. Why did the bill give it in criminal cafes, if it were not an eligible mode of trial? The people could could not have an objection to truft their property to the tribunal, to which they had trufted their lives. They argued that the grand fecutity of liberty is the power of having civil actions tried by a jury; as in cafes of arbitrary imprifonments, and many other violations of the rights of the fubject, the redrefs has been always fought in thefe civil actions. They faid that the English refiding in Canada, and the merchants of Great Britain who trusted their property on a prefumption that it was to be protected by English law, think they are deceived to find it to be tried by French cuftoms, and French forms of trial. On the fubje&t of religion the conflict was very warm. The minority infifted that the capitulation provided for no more than a bare toleration of the Roman Catholic religion; which they were willing they thould enjoy in the utmost extent; whereas this is an eftablithment of it. That the people of Canada had hitherto been happy under that toleration, and looked for nothing further. By this eftablishment, faid they, the Proteftant religion enjoys at beft no more than a toleration. The Popish clergy have a legal parliamentary right to a maintenance; the Proteftant clergy are left at the king's difcretion. Why are not both put at least on an equal footing, and a legal fupport provided for both? Further they afked, why the proclamation limits were enlarged, as if it were thought that this arbitrary government could not have too extenfive an object. If there be, which they doubted, any fpots on which fome Canadians are fet tied, provide, faid they, for them; but do not annex to Canada im menfe territories how defart, but which are the best parts of that continent, and which run on the back of all your ancient colonies. That this measure cannot fail to add to their other difcontents and apprehenfions, as they can attribute the extenfion given to an arbitrary military government, and to a people alien in origin, laws, and religion, to nothing elfe but that defign, of which they fee but too many proofs already, of utterly extinguishing their liberties, and bringing them by the arms of those very people whom they had helped to conquer, into a state of the moft abject vaflalage. The bill received in the course of thefe debates many amendments, fo as to change it very greatly from the ftate in which it came down from the houfe of lords; but the groundwork remained the fame. A motion was made to give at least a jury at the option of the parties; but this propofition was rejected. Another was made to grant them the benefit of the habeas corpus. That alfo was rejected. Throughout the whole progrefs of the business, though well fought, the numbers in the minority were uncommonly fmail. It produced, nevertheless, much greater uneafinefs and difcontent out of doors than any of the bills for punishing of the old colonies. This difcontent called on the attention of the houfe of lords; fo that when the bill was returned to them with the amendinents, there was a confiderable oppofition to it, although in fome refpects lefs exceptionable than when it had paffed their houfe with fo little notice; but, as in all the other quef |