"beneficial, and conducive to the public fervice, than the "mode of giving and granting aids in parliament, to be "raised and paid in the faid colonies." This makes the whole of the fundamental part of the plan. The conclufion is irresistible. You cannot fay, that you were driven by any neceffity, to an exercise of the utmost rights of legislature. You cannot affert, that you took on yourselves the task of impofing colony taxes, from the want of another legal body, that is competent to the purpose of supplying the exigencies of the state without wounding the prejudices of the people. Neither is it true that the body fo qualified, and having that competence, had neglected the duty.

The question now, on all this accumulated matter, is;whether you will chufe to abide by a profitable experience, or a mischievous theory; whether you chuse to build on imagination or fact; whether you prefer enjoyment or hope; fatisfaction in your fubjects, or discontent?

If these propofitions are accepted, every thing which has been made to enforce a contrary fyftem, muft, I take it for granted, fall along with it. On that ground, I have drawn the following refolution, which, when it comes to be moved, will naturally be divided in a proper manner: "That it "may be proper to repeal an act, made in the feventh year " of the reign of his prefent majesty, intituled, An act for "granting certain duties in the British colonies and plan"tations in America; for allowing a drawback of the du"ties of customs upon the exportation from this kingdom, "of coffee and cocoa-nuts of the produce of the said colo"nies or plantations; for difcontinuing the drawbacks "payable on China earthen-ware exported to America; and "for more effectually preventing the clandeftine running "of goods in the said colonies and plantations.—And that it "may be proper to repeal an act, made in the fourteenth

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year of the reign of his prefent majefty, intituled, An "act to difcontinue, in fuch manner, and for fuch time, as are therein mentioned, the landing and difcharging, ❝lading or shipping, of goods, wares, and merchandize, at "the town and within the harbour of Boston, in the pro❝vince of Maffachufet's Bay, in North America.—And that "it may be proper to repeal an act, made in the fourteenth "year of the reign of his present majefty, intituled, An act "for the impartial administration of justice, in the cafes of "perfons queftioned for any acts done by them, in the "execution of the law, or for the fuppreffion of riots and ❝ tumults, in the province of Maffachufet's Bay, in New "England. And that it may be proper to repeal an act, "made in the fourteenth year of the reign of his present "majefty, intituled, An act for the better regulating the government of the province of the Maffachufet's Bay, in "New England.-And alfo, that it may be proper to ex"plain and amend an act, made in the thirty-fifth year of "the reign of King Henry the Eighth, intituled, An act "for the trial of treasons committed out of the king's do"minions."

I wish, Sir, to repeal the Bofton Port Bill, because (independently of the dangerous precedent of fufpending the rights of the fubject during the king's pleasure) it was paffed, as I apprehend, with lefs regularity, and on more partial principles, than it ought. The corporation of Boston was not heard before it was condemned. Other towns, full as guilty as fhe was, have not had their ports blocked up. Even the restraining bill of the present feffion does not go to the length of the Boston Port Act. The fame ideas of prudence, which induced you not to extend equal punishment to equal guilt, even when you were punishing, induce me, who mean not to chastise, but to reconcile,

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to be fatisfied with the punishment already partially inflicted.

Ideas of prudence, and accommodation to circumstances, prevent you from taking away the charters of Connecticut and Rhode Island, as you have taken away that of Mafsachufet's Colony, though the crown has far less power in the two former provinces than it enjoyed in the latter; and though the abuses have been full as great, and as flagrant, in the exempted as in the punished. The fame reasons of prudence and accommodation have weight with me in reftoring the charter of Maffachufet's Bay. Befides, Sir, the act which changes the charter of Massachuset's is in many particulars fo exceptionable, that if I did not wish absolutely to repeal, I would by all means defire to alter it; as feveral of its provifions tend to the fubverfion of all public and private justice. Such, among others, is the power in the governor to change the sheriff at his pleasure; and to make a new returning officer for every special cause. It is shameful to behold fuch a regulation standing among English laws.

The act for bringing perfons accused of committing murder under the orders of government to England for trial, is but temporary. That act has calculated the probable duration of our quarrel with the colonies; and is accommodated to that fuppofed duration. I would haften the happy moment of reconciliation; and therefore muft, on my principle, get rid of that most justly obnoxious act.

The act of Henry the Eighth, for the trial of treasons, I do not mean to take away, but to confine it to its proper bounds and original intention; to make it expressly for trial of treafons (and the greatest treasons may be committed) in places where the jurisdiction of the crown does not extend.

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Having guarded the privileges of local legiflature, I would next fecure to the colonies a fair and unbiaffed judicature; for which purpose, Sir, I propofe the following refolution:"That, from the time when the general affembly or gene❝ral court of any colony or plantation in North America, "shall have appointed by act of affembly, duly confirmed, 66 a fettled falary to the offices of the chief justice and other judges of the fuperior court, it may be proper, that the "faid chief juftice and other judges of the superior courts "of fuch colony, shall hold his and their office and offices "during their good behaviour; and fhall not be removed "therefrom, but when the said removal shall be adjudged "by his majesty in council, upon a hearing on complaint "from the general affembly, or on a complaint from the "governor, or council, or the house of representatives feve"rally, of the colony in which the faid chief justice and "other judges have exercised the faid offices."

The next resolution relates to the courts of admiralty.

It is this: That it may be proper to regulate the courts of admiralty, or vice admiralty, authorized by the 15th chap. "of the 4th of George the Third, in fuch a manner as to "make the fame more commodious to those who fue, or "are fued, in the faid courts, and to provide for the more "decent maintenance of the judges in the fame.”

These courts I do not wish to take away; they are in themselves proper establishments. This court is one of the capital fecurities of the act of navigation. The extent of its jurisdiction, indeed, has been encreased; but this is altogether as proper, and is, indeed, on many accounts, more eligible, where new powers were wanted, than a court abfolutely new. But courts incommodiously fituated, in effect, deny justice; and a court, partaking in the fruits of its own VOL. II. condemnation,

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condemnation, is a robber. The congrefs complain, and complain justly, of this grievance *.

These are the three confequential propofitions. I have thought of two or three more; but they come rather too near detail, and to the province of executive government, which I wish parliament always to fuperintend, never to affume. If the first fix are granted, congruity will carry the latter three. If not, the things that remain unrepealed, will be, I hope, rather unfeemly incumbrances on the building, than very materially detrimental to its strength and ftability.

Here, Sir, I should clofe; but that I plainly perceive fome objections remain, which I ought, if poffible, to remove. The first will be, that, in reforting to the doctrine of our ancestors, as contained in the preamble to the Chester act, I prove too much; that the grievance from a want of reprefentation, stated in that preamble, goes to the whole of legislation as well as to taxation. And that the colonies grounding themselves upon that doctrine, will apply it to all parts of legislative authority.

To this objection, with all poffible deference and humility, and wishing as little as any man living to impair the smallest particle of our fupreme authority, I answer, that the words are the words of parliament, and not mine; and, that all false and inconclufive inferences, drawn from them, are not mine; for I heartily disclaim any fuch inference. I have chofen the words of an act of parliament, which Mr. Grenville, furely a tolerably zealous and very judicious advocate for the fovereignty of parliament, formerly moved to have read at your table, in confirmation of his tenets.

It

* The folicitor-general informed Mr. B. when the resolutions were separately moved, that the grievance of the judges partaking of the profits of the feizure had been redreffed by office; accordingly the refolution was amended.

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