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an indemnity to the company, is meant to inforce the fubmiffion to taxes. America will fee this; and the caufe of Bofton will be made the caufe of all the colonies. They are all as guilty as Bofton. Not one has received the tea': fome have destroyed it, others fent it back. And when Botton is fingled out as the victim, none there can be fo dull as not to fee, that this election. is made to lull them asleep to the confequences of an act, which, on a fubmiffion of one city, must go, one by one, to all the reft; until they are fucceffively delivered over to the arbitrary mercy of the crown? That all this violence and precipitation is for the fake of trade, they could never believe; because no complaint was come from any one trader or manufacturer; no not even from the company itself, which was the immediate fufferer. On the contrary, they feared this act would prove deftructive of trade, and the origin of very great trou-" bles.

we not (faid they) given an extent of power to his Majefty to prevent the port of Boston from ever being reinftated, if the King fhould think proper? What limit or line is drawn, to define when it may be proper, right, and juft, that the port of Bofton fhould be reinstated? It depends wholly on the pleasure of the King, that is, of minifters. Was this neceffary, either for punishment of the Boftonians, or for fatisfaction to the Eaft-India company? It could only be made for the purpose of establishing a precedent of delivering over whole towns and communities to an arbitrary discretion in the crown. They denied that this was like the cafes in which the mercy of the crown was to take place. That none was at the mercy of the crown, except when the known law, on a fair hearing, condemned to a certain punishment. But in this cafe where was the law, the hearing, or the fixed punishment? They afked what precedent there was for depriving a maritime city of its port, and then leaving them to the mercy of the crown, to restore the port, or not, at pleasure? Precedents had been fhewn of towns that had been fined. They denied that those precedents applied to the cafe and if they had, ftill it was only a fine; the trade of the place went on just as before. But here, faid they, a fine is laid; the trade is prohibited until it is paid; and when the fine is paid, the city may be as far from recovering her trade The act provides that the crown must have fatisfaction, that the laws of trade and revenue fhall be obeyed. There is a fting in this. The act, under pretence of

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Thefe and many other objections were made, and ftrongly urged against the bill, and the debate continued for a long time. However the oppofition did not divide ; either chufing not to fhew a difference amongst themselves, and weak numbers; or, as they faid, not to prevent this act from having the utmoft operation its friends could promise themselves in bringing America to obedience.

The bill paffed the house on the 25th of March, and was carried up to the lords, where it was likewife warmly debated, but, as in the commons, without a divifion. It received the royal affent on the 31ft of March.

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CHA P. VII.,

Motion preparatory to a repeal of the tea duty laid in 1767. Debate upon the -policy of a repeal at this particular time. Negative put on the motion. Bill brought in for the better regulating the government of Maffacbufett's Bay: debates upon it; petitions against it rejected by the house: the bill paffed: carried to the lords: proceedings there: paffes the lords. Bill for the impartial adminiftration of justice in Maffacbufett's Bay: debates: the bill paffes both houses. Bill for the government of Quebec, brought into the boufe of lords and passed: fent to the commons: debates: passes the commons, but with great amendments. Clofe of the feffion. Speech from the throne.

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EVERAL gentlemen, who had voted for the bill to fhut up the port of Bofton, were nevertheless of opinion, that fomething of a conciliatory and redrefling nature should attend this meafure of feverity, and might give the greater, efficacy to it. That parliament, whilst it refented the outrages of the American populace, ought not to be too willing to irritate the fober part of the colonies. That, if they had fatisfaction in the matter of taxes, they would become inftrumental in keeping the inferior and more turbulent in order; and that this facrifice to peace would be at no confiderable expence, as the taxes were of very little value to Great Britain; but a very heavy burthen on the minds of the Americans, as they confidered the impofitions which they had no fhare in granting, rather as badges of flavery than contributions to government. A motion was accord ingly made preparatory to a repeal of the tea duty laid in 1767. The arguments ufed in fupport of the general propofition, and in oppofition to it, were nearly the fame as thofe which have been stated in former volumes of the Regifter. But the debate upon the policy of a

repeal, at this particular time, was long and earneft. The party for the repeal ftrongly urging experience, which they infifted was in their fayour. That the attempt to tax America had inflamed, the repeal had quieted, and the new taxes had inflamed it again. That even the partial repeal of fome of the new taxes had produced no small degree of tranquillity in America, until the attempt to enforce what remained by the late Eaft-India a&t, had again thrown the empire into confusion. They were of opinion, that this act of condefcenfion would fhew, that parliament meant by their penal acts to punish diforders in the colonies; but that they regarded alfo their privileges and their quiet. The good effect of their rigour would depend on a tincture of lenity. They were of opinion that this lenitive would render rigour unneceffary. They therefore earnefily preffed the repeal of the obnoxious tea duty that remained, as a very probable method of reftoring tranquillity and obedience, To enforce this they entered into a large field, and the merits and fuccefs of the feveral plans of colonygovernment for feveral years were laid open and fully difcuffed.

But to these arguments it was anfwered, that fuppofing the tea duty fo contemptible an object as was reprefented, which however the minifter denied, yet a repeal at this time would thew fuch a degree of wavering and inconfiftency as would defeat the good effects of the vigorous plan, which after too long remiffness was at length adopted. That parliament ought to thew that it will relax in none of its juft rights, but enforce them in a practical way. That the ought to thew that the is provided with futficient means of making herself obeyed whenever she is refifted. If this tax is repealed, what anfwer is to be given when they demand the repeal of the tax on wine? No anfwer, until all is surrendered, even America herself. That if the house perfifted in the measures begun, there was no doubt, they said, of fucceeding, or, to adopt the expreffion ufed," of becoming victorious," And this victory could only be obtained by a firm, confiftent, juft, and manly conduct.

On these grounds a negative was put on this motion, which had been proposed so often in former feffions. The numbers in its favour were alio much smaller than upon former occafions. The difpofition to carry things to extremities with America was become very general; and as the repeal of the ftamp-act was much condemned by the minifterial fide, and its authors greatly decried, they repofed the highest confidence in the fuccefs of meafures of a contrary nature.

The Bofton port bill formed only one part of the coercive plan propofed by the miniftry as the effectual method of bringing her into obedience. Others of a deeper and

more extenfive nature were behind, and appeared in due time. Soon after the rejection of this motion a bill was brought in for "the better regulating government in the province of Matlachufett's Bay." The purpose of this bill was to alter the conftitution of that province as it ftood upon the charter of King William; to take the whole executive power out of the hands of the democratic part, and to veft the nomination of counsellors, judges, and magiftrates of all kinds, including theriffs, in the crown, and in fome cafes in the King's governor, and all to be removeable at the pleafure of the crown.

In fupport of this bill, the minister who brought it in alledged, that the diforders in the province of Maffachufett's Bay not only dif tracted that province within itself, but fet an ill example to all the colonies. An executive power was wanting in the country. The force of the civil power confists in the Poffe comitatus; but the Poffe are the very people who commit the. riots. That there was a total defect in the conftitutional power throughout. If the democratic part thew a contempt of the laws, how is the governor to enforce them? Magiftrates he cannot appoint: he cannot give an order without feven of the council affenting: And let the military be never fo numerous and active, they cannot move in fupport of the civil magiftracy, when no civil magiftrate will call upon them for fupport. It is in vain, faid they, that you make laws and regulations here, when there are none found to execute them in that country. It therefore became abfolutely neceffary to alter the whole frame of the Maffa[E] 3

chufett's

chufett's government, fo far as related to the executive and judicial powers. That the juries were alfo improperly chofen. Some immediate and permanent remedy muft be adopted. The minifter therefore propofed the prefent bill, which he hoped would give ftrength and spirit to the civil magiftracy, and energy to the executive power.

The oppofition to this bill was much more active and united than upon the Boston port-act. The minority alledged, that this carried the principle of injustice much further. That to take away the civil conftitution of a whole people, fecured by a charter, the validity of which was not fo much as questioned at law, upon mere loofe allegations of delinquencies and defects, was a proceeding of a moft arbitrary and dangerous nature. They faid that this was worse than the proceedings against the American and English corporations in the reigns of King Charles and King James the Second, which were how ever thought the worst acts of those arbitrary reigns. There the charge was regularly made; the colonies and corporations called to answer time given; and the rules of juftice, at leaft in appearance, obferved. But here, they said, there was nothing of the kind, nothing even of the colour of juftice; not one evidence has been examined at the bar, a thing done on the moft trivial regulation affecting any franchife of the subject. That the pretences for taking away this charter, in order to give ftrength to government, will never anfwer. The miniftry was asked, whether the colonies, which are already regulated nearly in the manner propofed by

the bill, were more fubmiffive to our right of taxation than this of Maffachufett's Bay? If not, what is got by this bill, that can be fo very material to the authority of parliament, as to risk all the credit of parliamentary juftice by fo ftrong and irregular a proceeding? That the part of the act which affected juries was made without fo much as a fingle complaint of abufe pretended. Nay they faid, that the cafe of the late Captain Preston, Mr. Otis, and many others, thewed with what juftice the juries there acted. They denied that the juries were improperly chofen; that they were appointed by a better method than ours, by a fort of ballot, in which no partiality could take place. That by this new regulation the fheriff is appointed, without any qualification, by the governor, and to hold the office at his pleasure. This is a power, faid they, given to the governor, greater than that given by the conftitution to the crown itself. And this they infifted was a great abufe, instead of a reformation; and tended to put the lives and properties of the people abfolutely into the hands of the governors.

The minority argued, that the diforder lay much deeper than the forms of government. That the people throughout the continent were univerfally diffatisfied, and that their uneafiness and refiftance was no lefs in the royal governments than in any other. That the remedy could only be in the removal of the cause of the distemper, and in quieting the minds of the people. That the act had a direct contrary tendency; and they feared, inftead of giving ftrength to government, it would deftroy the

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little remains of English authority which was left in the colonies. Mr. Bollan, the aApril 28. gent of the Maffachufett's council, again made an effort in favour of his province, and attempted to petition for time to receive an answer from the province to the account he had fent of the proceedings against them. But the houfe refufed to receive the petition, by a majority of 95 to 32.The fame natives of America who had petitioned against the Bofton port bill, also renewed their endeavours by a petition against this. It was pointed with an uncommon energy and fpirit. They petitioned for time until advices fhould arrive from the colony, ftating in ftrong terms a great variety of objections against the bill, and ending with a most pathetic prayer to the house, "to confider that the reftraints which fuch acts of severity impose, are ever attended with the most dangerous hatred: in a diftrefs of mind which cannot be described, the petitioners conjure the house, not to convert that zeal and affection which has hitherto united every American hand and heart in the interefts of England into paffions the most painful and pernicious. Moft earnestly they befeech the houfe, not to attempt reducing them to a state of flavery, which the English principles of liberty they inherit from their mother country will render worfe then death. That they will not by paffing thefe bills reduce their countrymen to the noft abject ftate of mifery and humiliation; or drive them to the laft resources of defpair."

This petition from the Americans refident in London, very

ftrongly indicated the effect which this bill would have in the place where it was intended to operate. This petition had leave to lie upon the table, but had no other notice taken of it. The Bill palled by a prodigious May 2d. majority, after a debate which lafted with uncommon fpirit for many hours.

Equally warm debates attended, the bill in the house of lords. The objections were nearly the fame with those made in the house of commons, with particular reflections upon the greater rapidity with which it was hurried through the houfe of lords; and the peculiar impropriety in a court of justice, of condemning the colony, and taking away its charter, without any form of procefs. The lords in oppofition cried out against a bill altering the conftitution of a colony without having fo much as the charter containing the conftitution fo altered, laid before them. That the bill had also altered the courts and the mode of judicial proceedings in the colony, without an offer of the flightest evidence to prove any one of the inconveniencies, which were stated in general terms in the preamble, as arifing from the prefent mode of trial in the province.

The abfolute neceffity of a powerful and speedy remedy for the cure of a government, which was nothing but diforder, was, in fubftance, the principal reason alledged for the omiflion of enquiry and evidence, and the fuperfeding the ordinary rules of judicial proceeding. Befides the ministerial lords denied, that the process was of a penal nature; they infifted that it was beneficial and remedial, and

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