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Lord

Chatham.

That the Tea-duty, equally uncommercial and unproductive, was left as a pepper-corn, merely for the fake of contest with America, as the Miniftry had likewife avowed. He cenfured very feverely the doctrine of taxing for the fole purpose of exercifing an invidious right, and that taxes ought to be for the real purpose of fupporting Government, and not purely to irritate and ftir up dangerous queftions. That the Stamp Act was a great object, and might have produced in time confiderable revenues; but to rifque the whole trade of England, and the affections of the Americans, in a quarrel with the Colonies for pepper-corns, he thought a very unwife proceeding.

After this he entered into the particulars of the Bill, and, among other things, in answer to the difficulties afferted to be laid on officers without fuch protection as was given by this Bill, he faid that he thought the condition of men of honor and fenfibility to be far worfe under this Bill; for that no acquittal could be honorable, where the profecutor had not the ufual means of fecuring a fair trial. He concluded by a very emphatical recommendation of temper, as necessary in all things, but particularly in measures of this nature, and in fubjects of fo much delicacy: his own remarkable calmness and fteadiness of mind, gave additional force to this part of his fpeech.

The Duke of Richmond spoke last in the debate, and with his usual spirit, pointed his anfwer chiefly to what fell from the Chancellor and Lord Sandwich: he concluded with recommending to the perufal of the House, a pamphlet, called Confiderations on the Measures carrying on against America, and the Bishop of St. Afaph's Sermon, preached 1773, before the Society for propagating the Gofpel, as containing the foundeft doctrines and the best policy.

The Bill paffed.

On the third reading of the Bill for quartering troops in America, which was on the 27th of May, LORD CHATHAM attended and fpoke against the Bill.

He began by apologizing for the ill ftate of health under which he had long laboured, but that misfortune, great as it is, faid he, could not prevent me from laying before your Lordfhips my thoughts on the Bill now upon the table; and on the American affairs in general.

If we take a tranfient view of thofe motives which induced the ancestors of our fellow-fubjects in America, to leave their native country. to encounter the innumerable difficulties of the unexplored regions of the western world, our astonishment at the prefent conduct of their descendants will naturally fubfide. There was no corner of the world into which men of their free and enterprizing fpirit would not fly with alacrity, rather than

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submit to the flavish and tyrannical principles which prevailed at that period in their native country. And we shall wonder, my Lords, if the defcendants of fuch illuftrious characters fpurn, with contempt, the hand of unconftitutional power, that would snatch from them fuch dear bought privileges as they now contend for. Had the British Colonies been planted by any other kingdom than our own, the inhabitants would have carried with them the chains of flavery, and spirit of defpotism; but as they are, they ought to be remembered as great inftances to inftruct the world what great exertions mankind will naturally make, when they are left to the free exercise of their own powers. And, my Lords, notwithstanding my intention to give my hearty negative to the queftion now before you, I cannot help condemning, in the fevereft manner, the late turbulent and unwarrantable conduct of the Americans in fome inftances, particularly in the late riots at Boston. But, my Lords, the mode which has been purfued to bring them back to a fenfe of their duty to the parent State, has been fo diametrically oppofite to the fundamental principles of found policy, that individuals, poffeffed of common understanding, must be aftonished at such proceedings. By blocking up the harbour of Boston, you have involved the innocent trader in the fame punishment with the guilty profligates who deftroyed your merchandize; and inftead of making a well-concerted effort to fecure the real offenders, you clap a naval and military extinguisher over their harbour: and punish the fins of a few lawlefs reparees and their abettors, upon the whole body of the

inhabitants.

My Lords, this country is little obliged to the framers and promoters of this Tea-tax; the Americans had almost forgot, in their excefs of gratitude for the repeal of the Stamp Act, any intereft but that of the Mother Country; there seemed an emulation among the different provinces, who fhould be most dutiful and forward in their expreffions of loyalty to their royal benefactor: as you will readily perceive by the following extract of a letter from Governor Bernard to a noble Lord then in office.

"The House of Representatives (fays he), from the time of opening the feffion to this day, has fhewn a difpofition to avoid all dispute with me; every thing having paffed with as much good humour as I could defire. They have acted, in all things, with temper and moderation; they have avoided fome fubjects of difpute, and have laid a foundation for removing fome caufes of former altercation."

This, my Lords, was the temper of the Americans: and would have continued fo, had it not been interrupted by your

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fruitlefs

fruitlefs endeavours to tax them without their confent; but the moment they perceived your intention was renewed to tax them, under a pretence of ferving the Eaft India Company, their resentment got the afcendant of their moderation, and hurried them into actions contrary to law, which, in their cooler hours, they would have thought on with horror; for I fincerely believe, the destroying of the tea was the effect of defpair.

But, my Lords, from the complexion of the whole of the proceedings, I think that Administration has purposely irritated them into thofe late violent acts for which they now fo feverely fmart: purposely to be revenged on them for the victory they gained by the repeal of the Stamp Act, a measure to which they feemingly acquiefced, but at the bottom they were its real enemies. For what other motive could induce them to drefs taxation, that father of American fedition, in the robes of an Eaft India Director, but to break in upon that mutual peace and harmony which then fo happily fubfifted between them and the Mother Country?

My Lords, I am an old man, and would advise the noble Lords now in office, to adopt a more gentle mode of governing America; for the day is not far diftant, when America may vie with these kingdoms, not only in arms, but in arts alfo. It is an established fact, that the principal towns in America are learned and polite, and understand the constitution of the empire, as well as the noble Lords who are now in office; and confequently, they will have a watchful eye over their liberties, to prevent the leaft encroachment on their hereditary rights.

This obfervation is fo recently exemplified in an excellent pamphlet which comes from the pen of an American gentleman, that I fhall take the liberty of reading to your Lordships his thoughts on the competency of the British Parliament to tax America; which, in my opinion, puts this interesting matter in the clearest point of view.

"The High Court of Parliament (fays he) is the fupreme legiflative power over the whole empire; in all free States the Conftitution is fixed; and as the fupreme Legislature derives its power and authority from the Conftitution, it cannot overleap the bounds of it without destroying its own foundation; or the Conftitution afcertains and limits both fovereignty and allegiance and therefore, his Majefty's American fubjects, who acknowledge themfelves bound by the ties of allegiance, have an equitable claim to the full enjoyment of the funda mental rules of the English Conftitution; and that it is an ef fential, unalterable right in nature, ingrafted into the British Conftitution as a fundamental law, and ever held facred and irrevocable

irrevocable by the fubjects within the realm; and that what a man has honeftly acquired, is abfolutely his own; which he may freely give, but which cannot be taken from him without his confent."

This, my Lords, though no new doctrine, has always been my received and unalterable opinion; and I will carry it to my grave, That this country had no right, under Heaven, to tax America.' It is contrary to all the principles of justice and civil policy, which neither the exigencies of the ftate, or even the acquiefcence in the taxes, could juftify upon any occafion whatever. Such proceedings will never meet with their wishedfor fuccefs; and, instead of adding to their miseries, as the Bill now before you most undoubtedly does, adopt fome lenient meafures, which may lure them to their duty; proceed like a kind and affectionate parent over a child whom he tenderly loves; and, instead of those harsh and severe proceedings, pafs an amnesty on all their youthful errors; clafp them once more in your fond and affectionate arms; and I will venture to affirm, you will find them children worthy of their fire. But fhould their turbulence exist after your proffered terms of forgiveness, which I hope and expect this House will immediately adopt, I will be among the foremost of this Affembly to move for fuch measures as will effectually prevent a future relapse, and make them feel what it is to provoke a fond and forgiving parent! a parent, my Lords, whofe welfare has ever been my greatest and most pleafing confolation. This declaration may feem unneceffary, but I will venture to declare, the period is not far diftant, when the will want the affiftance of her most diftant friends; but fhould the all-difpofing hand of Providence prevent me from affording her my poor affistance, my prayers fhall be for ever for her welfare. "Length of days be in her right hand, and in her left, riches and honor; may her ways be ways of pleafantnefs, and all her paths be peace," The bill paffed,

On the third reading of the Quebec Bill, which was on the 17th of June, LORD CHATHAM again attended the House, Lord Chatand spoke against the Bill.

He faid it would involve a large province in a thoufand difficulties, and in the worst of defpotifm, and put the whole people under arbitrary power; that it was a moft cruel, oppreffive, and odious meafure, tearing up juftice and every good principle by the roots; that, by abolishing the trial by jury, he fuppofed the framers of the bill thought that mode of proceeding, together with the habeas corpus, were incongruous, whilst every true Englifhman was ready to lay down his life fooner

than

ham.

than lofe those two bulwarks of his perfonal fecurity and property. The merely fuppofing that the Canadians would not be able to feel the good effects of law and freedom, because they had been used to arbitrary power, was an idea as ridiculous as falfe. He faid the Bill established a defpotic government in that country, to which the Royal Proclamation of 1763 promifed the protection of the English laws: here the noble Lord read part of the Proclamation, and then entered into the power vested in the Governor and Council, the whole mode of which, he faid, was tyrannical and defpotick: he was particular on the bad confequences that would attend the great extenfion of that province; that the whole of the Bill appeared to him to be destructive of that liberty which ought to be the ground-work of every Conftitution: ten thousand objections, he was confident, might be made to the Bill, but the extinction of the mode of trial above-mentioned, was a very alarming circumftance, and he would pronounce him a bold man who propofed fuch a plan. When his Lordship came to the religious part of the Bill, he directed his difcourfe to the Bench of Bifhops, telling them, that as by the Bill the Catholick religion was made the establifhed religion of that vast continent, it was impoffible they could be filent on the occafion. He called the Bill a child of inordinate power, and defired and asked if any of that Reverend Bench would hold it out for baptifm. He touched again upon the unlimited power of the Governor, in appointing all the Members, and who might confift of Roman Catholicks only.

His Lordship then took notice of an amendment which had been made in the House of Commons, which was a new clause, repealing fo much of the Act of Reformation, of the 1ft of Elizabeth, as relates to the oath of fupremacy, and substituting a common oath of allegiance in its place.

This Act of Elizabeth, he faid, had always been looked upon as one, that the Legislature had no more right to repeal, than they had the Great Charter, or the Bill of Rights. But in this he was greatly mistaken; for though feveral of the Rev. Bench were prefent, not one of them made the smallest objection to the claufe ;-they all divided with the Ministry.

Lord Dartmouth spoke a few words in reply to Lord Chatham.

Lord Lyttelton alfo fpoke a few words in defence of Adminiftration.

After which the Houfe divided. For the Bill, 26. Against it, 7.

The following Lords were the Minority: The Duke of Gloucefter, the Earls Chatham, Coventry, Effingham, and Spencer, the Lords Sandys and King.

The

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